How the property was held decides the path
- Transfer-on-death deed recorded before death: the named beneficiary can usually take title with an affidavit and the death certificate
- Joint tenancy with right of survivorship: the surviving owner takes title
- Held in a trust: the trustee sells under the trust's terms
- In the owner's name alone with no transfer plan: a probate case usually decides who can sign
What title will ask for
Expect requests for the death certificate, court letters or orders, a trust certificate, or affidavits from heirs. Every person with an interest may need to sign. Starting the title search as soon as you plan to sell gives time to gather these.
Taxes on an inherited house
Capital gains on inherited property are generally figured from the value at the date of death, not what the original owner paid. Talk to a tax professional about your situation.
Common questions
Can you sell a house that's in probate?
Yes, with the authority the court gives the personal representative. The title commitment lists what's needed.
Do all heirs have to sign?
Often, if there's no court order or recorded transfer naming who has authority. The title search shows who needs to sign.