If someone you love passed away and left you a house, the last thing you probably want to think about is what to do with the property. But the questions start coming fast: Who's paying the mortgage now? What about the utilities? Is the house insured? Can you even sell it yet? And what does "probate" actually mean?
This guide is for that moment. We'll walk you through the basics of how an inherited home works, your real options, the important first steps, and how to decide what's right for you and your family. We'll be honest: we're a home-buying company, and selling to us is one of the options we'll cover. But it isn't always the right one, and we'll tell you when it is and when it isn't.
The very first thing to do
Before anything else: secure the property and check the insurance. Change the locks (you don't know who has keys), make sure homeowner's insurance is still active, and call the insurance company to ask about their "vacancy clause." Most policies stop covering an empty home after 30 to 60 days. This is the step almost everyone misses.
What probate actually is
Probate is the legal process the court uses to settle a deceased person's estate: paying their debts, identifying their heirs, and transferring their property to those heirs. If the home wasn't placed in a living trust or set up to transfer automatically, it has to go through probate before anyone can sell it.
The process varies significantly by state. In some states (Texas, for example), there's an "independent administration" or "independent executor" process that's relatively streamlined: the executor is appointed in 30 to 45 days and can manage and sell the property without ongoing court supervision. In other states, every step requires court approval, which adds months.
In general, probate takes anywhere from 6 to 24 months, sometimes longer if there's a dispute among heirs or complex assets. The good news is that you don't have to wait for the full process to end before you can sell.
Can you sell the house before probate is complete?
The short answer: usually yes, but only once the court has officially appointed someone (the executor or administrator) to act on behalf of the estate. Once you have what's called "Letters Testamentary" or "Letters of Administration" from the court, you have legal authority to list and sell.
The exceptions are if the home was placed in a living trust, held in joint tenancy with right of survivorship, or had a transfer-on-death deed. In those cases, probate isn't required for the home at all, and the sale can happen much faster.
Three paths forward
01 Keep the home
You move in or hold onto the property. Best if the home is sentimental, if you need a place to live, or if it's a strong long-term asset in a great location.
Watch out for: Ongoing costs (mortgage, taxes, insurance, repairs), the emotional weight of living in a loved one's home, and any siblings or co-heirs who need to be bought out
02 Rent it out
Turn the home into an income-producing rental property. Works best if the home is in a good rental market, in solid condition, and you (or a property manager) have the bandwidth to handle tenants.
Watch out for: Becoming an accidental landlord. Tenants, repairs, vacancies, and management take real time and money. Many heirs underestimate this.
03 Sell the home
Convert the home into cash and distribute proceeds among heirs. The most common path, especially when heirs live in different cities or the home needs significant work.
Best if: You don't want the property, the home needs repairs, there are multiple heirs to pay out, or you live out of state and can't manage it
If you're selling, you have three sub-options
Traditional listing with an agent
Often the highest sale price, but it takes time. You'll need to deal with showings, repairs, staging, and a 60-to-90-day average closing. Court approval may be required at multiple steps in probate states, which can slow things further. Some states require a "court-confirmed sale" where the home must sell for at least 90 percent of the appraised value and the final offer is confirmed by a judge.
Best for: Homes in good condition, in good locations, when nobody is in a hurry, and when you have the bandwidth to coordinate showings and repairs (especially difficult if you live out of state).
Sell to a cash buyer
You sell directly to a company like ours. We buy the home as-is on the date you choose, with no repairs, no cleaning, no commissions, and no showings. You won't get the absolute top dollar a traditional sale might get, but you avoid the costs, the time, and the work. For inherited properties full of decades of belongings, this often nets the same or more after you factor in everything you'd have to spend.
Best for: Out-of-state heirs, homes needing significant work, situations with multiple heirs who want to settle and move on, and timelines that don't fit traditional selling.
Sell at auction
Less common for residential properties, but sometimes used when speed matters more than maximizing price. Outcomes are unpredictable. Usually only worth considering for very specific situations.
Curious what we'd offer?
We're a family-owned company that works patiently with executors, heirs, and out-of-state owners on inherited properties. No pressure, no obligation. We work around probate timelines, and you can leave anything behind you don't want.
Get a Free Cash Offer →The tax piece nobody explains: stepped-up basis
This is the single most important thing to understand if you're selling an inherited home, and most people don't know about it.
When you inherit a property, your "basis" in the home (the number used to calculate capital gains tax) is generally "stepped up" to the property's fair market value on the date of the original owner's death, not what they originally paid for it.
What that means in practice: if your parents bought the house for $80,000 in 1985 and it's worth $400,000 when they pass away, your basis is $400,000, not $80,000. If you sell the house quickly for $400,000, you owe little or no capital gains tax on the sale. If you'd inherited the original $80,000 basis, you'd owe taxes on a $320,000 gain.
This is a huge benefit, and it favors selling sooner rather than later. The longer you hold the home, the more the value can grow above the stepped-up basis, creating taxable gains you'd owe taxes on when you eventually sell.
⚠️ Talk to a CPA
Tax rules change, your specific situation matters, and the stepped-up basis can be complicated by things like joint ownership, life estates, or property held in trust. Before making decisions, talk to a CPA or tax professional. This guide is general education, not tax advice.
The first-48-hours checklist
Do these things first
- Secure the propertyChange the locks. Take valuables to a safe place. Check that all doors and windows lock.
- Verify insurance is activeCall the homeowner's insurance company. Ask about the "vacancy clause." Get written confirmation that coverage continues.
- Locate the willCheck the home's safe, file cabinet, safe deposit box, and with any attorney the deceased used. Without a will, the process is more complicated.
- Contact a probate attorneyEven a one-hour consultation helps you understand what your state requires and what timeline to expect.
- Don't sell or empty the home yetItems in the home may have significance to other heirs or to the estate. Wait until you have legal authority and a plan.
- Keep paying the mortgage if you canThe mortgage doesn't pause just because the owner passed away. Missed payments lead to foreclosure even during probate.
- Make a list of debtsMortgage, property tax, HOA fees, utilities. These need to be paid out of the estate.
- Talk to siblings and co-heirs earlyDisputes among heirs are the most common reason probate drags out. Honest conversations now save months later.
When a cash sale makes sense for inherited property
Here's our honest take on when selling to a cash buyer is genuinely the right move:
- You live in a different state and can't physically manage the property
- The home needs major repairs you can't afford or don't want to coordinate
- The home is full of belongings that would take weeks to clear out
- There are multiple heirs who want to settle quickly and move on
- The home has been sitting vacant and insurance is becoming a problem
- You're paying out of pocket for a mortgage on a house nobody is living in
- You just want it done, and the emotional weight of the property is too much
It probably isn't the right move if:
- The home is in great condition and a strong local market
- You live nearby, have the time, and don't mind a 60-to-90-day sale
- Every heir is aligned on waiting for a traditional sale
- The home has significant equity and there's no time pressure
Trusted resources
Free and low-cost help
- Find a probate attorney: Search your state bar's "lawyer referral service." Many offer free or low-cost initial consultations.
- IRS Publication 559: "Survivors, Executors, and Administrators." Free at irs.gov
- AARP Probate Basics: Free guides at aarp.org
- Legal Services Corporation: Find free legal aid by income at lsc.gov
- Your state's court website: Most states publish a probate self-help guide
We'd be glad to help.
We're here to help families dealing with inherited homes. No pressure, no obligation. Just an honest conversation and a fair cash offer if it's the right path for your family.
Get a Free Cash Offer →Important: This guide is for general educational purposes only and is not legal, financial, or tax advice. Probate laws vary significantly by state, and tax rules change. Your specific situation may have details that change what applies to you. Please consult with a licensed probate attorney, a CPA or tax professional, and a HUD-approved housing counselor (if applicable) before making decisions about an inherited property.