Selling a House During Probate
When someone passes and a house is part of their estate, the court or county office usually has to confirm who can sell it. Here's how that works in the areas we serve.
Probate is the legal process for settling a person's estate: confirming the will if there is one, appointing someone to manage the estate, paying debts, and passing property to heirs. If a house is part of the estate, the person in charge usually needs official authority before they can sign a sale contract. This guide is general information, not legal advice. An estate attorney can tell you exactly what your situation requires.
Who can sell an estate house?
Usually it's the executor named in the will or an administrator appointed when there's no will. Their authority comes from a document often called letters testamentary or letters of administration. Title companies will ask for a copy before closing. If the house passed outside the estate, for example through a joint deed with survivorship rights, a different process may apply.
Alabama: the county probate court
In Alabama, estates are handled by the probate court in the county where the person lived. In Jefferson County, the probate court has a Birmingham division and a Bessemer division. The probate judge can issue letters to a personal representative, and depending on the will and the type of administration, the court may need to approve a sale. If the house is near Birmingham, start with the division that covers the property.
West Virginia: the county commission
West Virginia estates are opened through the county commission, with filings handled by the county clerk. Some estates are referred to a fiduciary commissioner. The commission appoints a personal representative who can then handle a sale, subject to the will and state law. For homes in Kanawha or Putnam County around Charleston, the county clerk's office is the place to start.
Pennsylvania: the Register of Wills
Each Pennsylvania county has a Register of Wills that probates wills, grants letters to executors and administrators, and accepts Pennsylvania inheritance tax returns. Pennsylvania does have an inheritance tax, and the rate depends on the heir's relationship to the person who passed. Ask an attorney or tax professional how it affects the estate. Homes in Carlisle, Lebanon, Gettysburg and the rest of South Central PA follow this process through their own county.
What to gather before selling
- The death certificate and the will, if there is one.
- Your letters or court appointment.
- The deed, recent property tax bills, and any mortgage or home equity statements.
- Homeowner's insurance information. Tell the insurer the house is vacant, since many policies change when a home is unoccupied.
- Utility accounts, keys, and any alarm codes.
- A list of heirs and how to reach them.
Selling options for an estate house
If the house is in good condition, listing with an agent usually brings the highest price, and it can be the fairest choice when several heirs share the proceeds. If it needs significant work, is full of belongings, or the heirs live far away, a direct as-is sale may be simpler. Read our guide to how to Sell an Inherited House for more on selling an inherited home, or see our cash sale vs. listing page.
This guide is general information, not legal, tax or financial advice. Laws and procedures change, so check with a licensed attorney, tax professional or HUD-approved housing counselor about your situation.