Ask a Realtor®: Selling an Inherited Home — What Is the Process?

Q: My mom passed away and left me the family home. I don’t want the house and I’d like to sell it. What is the process?

A: Selling inherited real estate is a little different from selling property you personally own. There are a few more steps involved and, in some cases, more players — including the courts. Here are a few important things to consider when selling property you’ve inherited.

Your very first step should be to consult an attorney. Whether your mom had a will, a trust, or no estate plan at all, a lawyer can help you understand how ownership is transferred and whether probate is required.

Probate is the legal process used to transfer a deceased person’s assets to their heirs. If inherited property must go through probate, having an attorney to guide you through the process is essential. It’s also important to understand that if the home (and other belongings) were left to multiple heirs, all heirs must be involved. No single person can make decisions for the group unless they have been legally appointed by the court.

Once the courts determine that the property can be legally sold, you may begin the listing process. Again, all heirs may be required to sign the listing agreement and the contract for sale unless a single representative has been appointed to act on behalf of everyone.

This stage can be tricky when there is more than one decision-maker. It’s not uncommon for heirs to have different opinions about pricing, preparation, or what offer to accept.

You should also be prepared to provide additional documentation, including a death certificate, copies of the will or trust, and any court paperwork authorizing the sale.

Losing a loved one is stressful enough, and managing their affairs can add to the emotional burden. Ideally, you’re aware of your loved one’s intentions ahead of time and can take steps to simplify or avoid probate. But when that isn’t possible, having the right team in place makes all the difference.