Dealing with the death of a parent and selling a house are two of life’s most challenging experiences.
Handling them at the same time?
There can be a lot to manage while you’re still grieving.
Even if you know you want to sell, you first need to determine who has the right to sell the house and whether it needs to go through probate.
Meanwhile, you’ll need to make sure mortgage payments and other expenses stay current, maintain the house, and sort through your parent’s belongings.
Disagreements among family members can make an already difficult situation even more complicated.
This guide explains when you can sell a house after the death of a parent, what needs to happen beforehand, and how to prepare the property for sale.
Can you sell your deceased parent’s house without probate?
Yes, you can sell your deceased parent’s house without probate in certain circumstances.
Whether that’s possible depends primarily on how your parent held title and whether the property can legally transfer outside probate.
When probate may not be required
The following arrangements usually keep a house out of probate:
- Living trust: If your parent transferred the house into a living trust, the successor trustee can usually sell the property without probate, provided the trust gives them that authority.
- Joint ownership with rights of survivorship: If your parent owned the house jointly with someone who had survivorship rights, their ownership interest automatically passes to the surviving owner.
- Transfer-on-death (TOD) deed: In states that allow TOD deeds, the property passes to the named beneficiary after death without probate, subject to the state’s transfer requirements.
Some states also offer a simplified court process for transferring qualifying homes without full probate.
Even without probate, you’ll still need to provide documents showing who owns the property or has the right to sell it.
What happens if probate is required
The property may need to go through probate if your parent owned the house solely in their name.
Having a will doesn’t automatically avoid this process.
If your parent left a will, the court can appoint the named executor to manage the estate.
Without a will, it appoints an administrator.
Either the executor or administrator may be able to sell the house before probate ends.
State law and the type of probate administration determine whether a judge must approve the sale.
In some cases, the executor or administrator can proceed without a court confirmation hearing after meeting the applicable requirements.
What to do before selling your deceased parent’s house
You’ll need to address several things before you’re ready to sell your parent’s house, whether or not probate applies.
Taking care of them early can help you keep expenses under control and avoid unexpected problems when you’re ready to put the house on the market.
Gather important documents
The most important documents to locate include:
- Property deed: Check how your parent held title to the property. If you can’t find the deed, request a copy from the county recorder’s office where the property is located. Be sure to check for the most recently recorded deed or any recorded transfer-on-death documents.
- Death certificates: Title companies, insurance companies, and other institutions may require certified copies before transferring the property or making changes to accounts. You can usually obtain them through the funeral home or your state or local vital records office.
- Will or trust documents: Check who is named to handle your parent’s estate or trust and whether the documents include any instructions about the house. Your parent’s will may name someone as executor, but that alone doesn’t give them the legal authority to sell the house.
- Mortgage statements: Identify the lender, remaining loan balance, monthly payment, and due date. This will help you track upcoming mortgage payments until the house sells.
- Homeowners insurance policy: Find the insurer’s contact information and review the existing coverage. The declarations page will usually have this information. Your parent’s death or the house becoming vacant could affect the coverage.
- Property tax bills: Check when the next payment is due and whether any taxes are outstanding. You’ll generally need to settle any unpaid property taxes before the sale closes, but you can often use the sale proceeds to cover them.
- Financial records: Bank statements and other account information can help the person handling the estate determine what funds are available to cover expenses. Access to these accounts may require formal authorization.
Secure and maintain the property
Whether someone lives in the house or it sits vacant, you’ll want to keep it secure and in good condition until you sell it.
- Secure access: Be sure the doors and windows lock properly. If the house is vacant, account for spare keys and garage door remotes, and consider changing the locks if you have the authority to do so.
- Safeguard valuables: Keep jewelry, cash, and other valuables in a secure place until the person handling your parent’s estate or trust can inventory them.
- Make the house look occupied: If the house is vacant, consider leaving a porch light on at night and putting a few interior lights on timers. This can make the house appear occupied even when no one is living there.
- Maintain the property: If nobody is living in the home, keep necessary utilities running and maintain the landscaping. Running the faucets and flushing the toilets periodically can help prevent drain traps from drying out and allowing sewer odors into the house. In colder climates, make sure the house is properly heated or winterized to prevent frozen pipes.
- Check on the house regularly: If it’s vacant, have someone visit periodically to look for leaks, damage, security issues, and accumulating mail or packages.
Manage ongoing expenses
Your parent’s death doesn’t stop the expenses associated with their house.
You’ll need to make sure important bills continue being paid while eliminating unnecessary costs.
Here’s what you’ll want to take care of:
- Keep essential bills current: Any mortgage payments, property taxes, homeowners insurance, HOA dues, and necessary utilities will need to stay current until the sale. Keep track of the due dates for each so you don’t miss payments or incur late fees.
- Review automatic payments: If your parent had bills automatically paid from their bank account, don’t assume those payments will continue. The bank may discontinue the automatic withdrawals after being notified of their death.
- Forward important mail: Have the authorized executor or administrator forward your parent’s mail so they don’t miss important bills or notices.
- Cancel unnecessary services: If nobody lives in the house, consider canceling unused internet and cable services, newspaper deliveries, and other services you no longer need.
- Arrange how expenses will be paid: If you had financial power of attorney for your parent, that authority ended when they died, even if it was durable. The executor, administrator, or trustee can arrange payments using funds they’re authorized to manage. An estate or trust account can help keep these expenses organized.
- Keep records of payments: Save receipts and track expenses paid on behalf of the estate or trust. If you use your own money to cover expenses, those records will be important if you request reimbursement.
Check for mortgages and liens
Your parent may have had debts tied to the house that you’re unaware of.
These could include a traditional mortgage, home equity line of credit (HELOC), or liens for unpaid property taxes, HOA dues, or court judgments.
The best way to find out what’s recorded against the property is to request a preliminary title report from a title company.
Your real estate agent should be able to help you obtain one.
You might discover an old mortgage that your parent paid off years ago but still appears on the title because a release was never recorded.
If that happens, the title company may need to work with the lender to get a deed of reconveyance or other lien release recorded before closing.
You can typically pay off most outstanding mortgages and liens through escrow using the sale proceeds, so you don’t necessarily need to pay them off beforehand.
If you’re selling with a reverse mortgage, you’ll want to contact the loan servicer promptly.
The loan may become due after the borrower’s death, and deadlines for repayment or selling the house can apply.
Notify the appropriate institutions
Several institutions and agencies need to be notified of your parent’s death so they can update their records and reduce the risk of identity theft.
Here’s who to contact:
- Social Security Administration (SSA): Funeral homes usually report deaths to the SSA. Confirm that yours has done so. If not, you’ll need to call the SSA to report the death and prevent benefit overpayments that may need to be returned.
- Mortgage lender: Notify the loan servicer of your parent’s death and ask what documents the person handling the property needs to discuss the loan.
- Banks and financial institutions: Contact banks, credit card companies, and investment firms where your parent held accounts. Some accounts may be restricted after the death, and only authorized individuals may be able to access information or manage the funds.
- Credit bureaus: The executor or another authorized representative can report the death to Equifax, Experian, or TransUnion so your parent’s credit file is marked as deceased. You only need to notify one bureau, as it will notify the other two. Be prepared to provide a death certificate and proof of authorization. This will help prevent someone from opening a fraudulent account in your parent’s name.
- Insurance and utility companies: Notify the homeowners insurance company and relevant utility providers. If the house is vacant, ask the insurer whether the existing policy still provides adequate coverage or requires an update. Make sure the insurance and utility companies have the correct account information and authorized contacts.
Sort through your parent’s belongings
Sorting through your parent’s possessions can be one of the most emotionally challenging parts of selling their home.
Some items may have little financial value but hold memories that mean a lot to you or other family members.
Before selling, donating, or throwing anything away, check whether your parent’s will or trust includes instructions about their personal belongings and who is responsible for distributing them.
Give any family members involved an opportunity to identify items they’d like to keep before anything is removed.
Some children photograph valuable or sentimental possessions and keep a record of who receives what.
This can help avoid disagreements, especially when family members can’t be there in person.
Once it’s clear what can be removed, separate the remaining belongings into items to sell, donate, or discard.
Here are a few options for each category:
- Sell: Use Facebook Marketplace, Nextdoor, or a garage sale for individual items. If your parent accumulated decades of possessions, an estate sale company can organize, price, and sell multiple items for you. Consider getting potentially valuable antiques or collectibles appraised before selling them.
- Donate: Contact local charities or donation centers about accepting furniture, clothing, and other usable items. Some organizations offer pickup services for larger donations.
- Discard: Arrange for a junk removal company or take unwanted items to an appropriate disposal facility. Check local requirements for electronics, paint, and other items that can’t go in regular trash.
Getting your parent’s house ready to sell
Preparing your parent’s house for sale can be difficult when you have years of memories tied to the property.
You may see certain features differently than potential buyers or find it hard to hear that parts of the house need work.
That’s one reason it’s important to choose the right agent.
An experienced agent can evaluate the property’s condition and recommend what, if anything, should be done before listing.
That might include minor repairs, painting, cleaning, or staging.
Just as importantly, they should be able to tell you which improvements aren’t worth making.
Your parent may have lived in the house for decades, and you might not know much about its maintenance history.
A pre-listing inspection can uncover roof damage, plumbing problems, or electrical issues you didn’t know about.
Finding those problems before listing gives you time to decide whether to make repairs, account for them in the asking price, or sell the house as-is.
You don’t have to get a pre-listing inspection, but it can be a worthwhile investment.
If the inspection uncovers material defects, you may need to disclose them to buyers, even if you don’t make repairs.
But skipping the inspection won’t stop buyers from discovering those same problems during their own inspection after you’ve accepted an offer.
Your agent should also prepare a comparative market analysis (CMA) using recent sales of similar homes.
That analysis takes the property’s condition and recent market activity into account to help determine a competitive asking price.
Be open to their feedback, even when it concerns features your parent loved or an asking price that’s lower than you expected.
The house may hold memories that are priceless to your family.
But those memories won’t determine what buyers are willing to pay.
Selling your parent’s house
Selling a deceased parent’s home is one of the most difficult experiences you can go through as an adult.
There’s already a lot to deal with before the house ever goes on the market.
And when you’re finally ready to sell, the last thing you need is an agent who tells you what you want to hear just to get your listing.
An agent might suggest a higher asking price than everyone else.
But that doesn’t mean they’ll sell your parent’s house for more money.
What matters is whether they have the qualifications to back up their advice and are willing to put your interests ahead of their own.
That’s why we vet local listing agents before recommending them to sellers.
We evaluate their sales performance, client reviews, dual agency history, and other important qualifications.
If you need help finding a good agent to sell your parent’s home, you can learn more about how our no-cost service works.
