Quick Answer: You typically cannot sell an inherited property until probate is complete (or until title passes via a trust or joint ownership). Probate takes 3-12 months depending on the state and estate complexity. If the property needs cleanup or repairs and you need to sell quickly, cash buyers purchase as-is — no repairs, no staging, closing in as little as 2 weeks.

I've done cleanup work inside estates that sat unoccupied for months while probate dragged on. Families holding a property they can't yet sell, paying utilities, insurance, and sometimes a mortgage on an empty house. Understanding the timeline and your options from the start saves you money and stress.

Step 1: Determine How Title Was Held

How quickly you can sell depends entirely on how the property was titled when the owner died. This is the first thing to determine.

If the property was in a Revocable Living Trust

Best case scenario. The property passes to the successor trustee immediately upon death, outside of probate. The successor trustee has authority to sell the property relatively quickly — typically within weeks to a couple of months. You'll need the death certificate, trust documents, and a real estate attorney to handle the sale properly. An estate attorney is essential here.

If the property was owned jointly with right of survivorship (JTWROS)

Also avoids probate. The surviving owner gets full title automatically. File an Affidavit of Survivorship (or similar document per your state) with the county recorder along with the death certificate. Title transfers quickly.

If the property was in the deceased's name alone (or tenants in common)

Probate required. The court supervises transfer of the asset to heirs. Timeline is 3-12 months in most states, sometimes longer in California, New York, or if the estate is contested.

If there's a valid will

The will goes through probate. The executor named in the will manages the estate, including the property. If you're the executor, you'll need to be formally appointed by the probate court before you can act on behalf of the estate.

If there's no will (intestate)

State intestacy laws determine heirs. This typically goes through probate and can be more complex if there are multiple heirs who disagree on what to do with the property.

Step 2: Get an Estate Attorney

For any inherited property, an estate or probate attorney is not optional — it's how you avoid costly mistakes. They will:

  • File the probate petition and handle court requirements
  • Clear title issues that can block a sale
  • Navigate disputes between heirs
  • Handle tax filings related to the estate
  • Advise on timing and structure of the sale

Estate attorneys typically charge either hourly ($250-500/hr) or a percentage of the estate (2-4%). Online estate planning tools like Trust & Will and LegalZoom can prepare basic documents — but for the actual probate process and a real estate transaction, you need an attorney. Use the online tools for your own estate planning so your heirs don't face this same situation.

Step 3: Decide What to Do With the Property

Once you have authority to act, you have three basic paths:

Path A: Sell As-Is to a Cash Buyer

Best for: Properties that need significant repairs, properties where cleanup was required after a death, when you need speed, when heirs live out of state and can't manage a traditional sale, when the property is already paid off and equity is high.

Cash investors purchase without inspections, without requiring repairs, and can close in 7-21 days. The tradeoff is price — you'll typically get 70-85% of fair market value. For many families, that tradeoff is worth it. The alternative is 6+ months of carrying costs, repairs, and a traditional sale process while managing grief.

See our distressed property sale page to get offers from vetted cash buyers.

Path B: Traditional Sale (MLS)

Best for: Properties in good condition, when heirs have the time and resources to manage the process, when maximizing sale price is the priority.

Timeline: After probate closes, expect 60-120 days for a traditional sale. Prep time (repairs, cleaning, staging), listing, showing, offer/negotiation, inspection contingency period, and closing all add time.

For estates with a property that needs biohazard cleanup (unattended death, crime scene, hoarding), professional remediation is essential before a traditional sale. The alternative — disclosure without remediation — will either kill deals or crater the price. See our guide on deceased estate cleanup.

Path C: Keep the Property

Renting the inherited property is viable if: it's in a strong rental market, it's in good condition, and the heirs can manage it (or hire a property manager). Rental income can be significant. But factor in: maintenance costs, property taxes, landlord insurance, and the ongoing responsibility.

Tax Implications You Need to Know

Stepped-Up Basis

This is the most important tax concept for inherited property. When you inherit property, your cost basis is "stepped up" to the fair market value at the date of death — not what the deceased originally paid for it.

Example: Your parent bought the house in 1985 for $80,000. It's worth $450,000 at their death. Your cost basis is $450,000. If you sell it for $450,000, you owe zero capital gains tax. If you sell it for $480,000, you only owe capital gains on $30,000.

This stepped-up basis is one of the most significant tax advantages in the U.S. tax code. It means many inherited property sales result in zero capital gains tax — the opposite of what most people assume.

Estate Tax

The federal estate tax only applies to estates over $13.61 million (2024 exemption). Most estates don't owe federal estate tax. Some states have lower thresholds — Massachusetts, for example, has a $2 million exemption. Your estate attorney will advise.

Property Tax

Property taxes continue to accrue during probate. The estate is responsible for them. If taxes go unpaid, you can face a tax lien that complicates the sale. Make sure someone is paying property taxes during the probate period.

If the Property Needs Cleanup

If the person died in the home — particularly an unattended death, a death involving decomposition, or any kind of traumatic event — professional biohazard cleanup is required before the property can be sold, rented, or even properly assessed.

This is not optional or cosmetic. Biological material from decomposition penetrates porous surfaces — subflooring, drywall, concrete. Odor that isn't properly remediated will kill any sale. Buyers' inspectors will identify it. And DIY attempts almost never fully address the problem.

Proper biohazard remediation with documentation also protects you legally — it demonstrates you disclosed and addressed any known contamination. See our guides on unattended deaths and decomposition cleanup.

And note: for biohazard cleanup costs, some homeowners insurance policies and renters policies cover remediation. See our guide on insurance coverage for biohazard cleanup.

Getting Multiple Heir Agreement

When property is inherited by multiple heirs, all heirs must agree to sell. This is where estate administration gets complicated.

  • If one heir wants to buy out the others, they need to agree on valuation
  • If heirs disagree on whether to sell, a court can order a "partition sale" — but this is expensive and adversarial
  • Communication and documented agreements among heirs early in the process prevent expensive disputes later

An estate attorney mediates these conversations and documents agreements properly.

Need help with practical estate matters? Our directory connects families with vetted estate attorneys, cleanup specialists, and property buyers. Call (855) 566-2405 24/7.