How to Sell an Inherited House in Pennsylvania

Quick answer

Yes, you can sell an inherited house in Pennsylvania, but someone has to be legally appointed to sign for the estate first. In most cases that means getting Letters Testamentary (if there’s a will) or Letters of Administration (if there isn’t) from the Register of Wills in the county where the owner lived. Once you have them, you can sign a sale agreement and close, even before the estate is fully wrapped up.

This article is general information, not legal or tax advice. Talk to a licensed attorney or tax professional about your situation.

Step 1: Figure out who has the authority to sell

When a homeowner dies, the house doesn’t automatically become yours to sell, even if you’re the only child or the will leaves it to you. A buyer and title company will need to see that a court-recognized representative of the estate is signing the deed.

If there is a will

The person named as executor brings the original will to the Register of Wills and asks to have it probated. Once the will is accepted, the Register grants Letters Testamentary, which is the official document that lets the executor act for the estate.

In Philadelphia, for example, the Register of Wills asks for the original will, an original death certificate, an estimate of the estate’s value, a valid, current ID and payment of the filing fee, which depends on the size of the estate.

If there is no will

The Register of Wills appoints an administrator, usually a spouse or child of the person who died, and grants Letters of Administration. When there are several heirs, they either agree on one person (the others sign renunciations) or serve together as co-administrators. If the family can’t agree, the Register can hold a hearing and decide who serves.

Which county?

You file with the Register of Wills in the county where the person lived when they died, not necessarily where the house is. Philadelphia, Bucks, Montgomery, Delaware and Chester counties each have their own Register of Wills office.

Step 2: Get short certificates

A short certificate is a one-page document from the Register of Wills confirming who the executor or administrator is. Title companies, banks and utility companies usually ask for one. Order several, since you’ll likely need more than one during the sale.

Step 3: Deal with the Pennsylvania inheritance tax

Pennsylvania charges an inheritance tax on what passes to heirs, and the house is usually part of that. The rate depends on who inherits:

Surviving spouse: 0%
Parent inheriting from a child aged 21 or younger: 0%
Children, grandchildren and other direct descendants: 4.5%
Siblings: 12%
Other heirs: 15%

The tax becomes delinquent nine months after the date of death. If it’s paid within three months of the death, the state allows a 5% discount. The return (Form REV-1500) is filed with the county Register of Wills.

Selling the house can actually help here. If the estate doesn’t have cash on hand, the sale proceeds can be used to pay the tax. Ask your attorney or the title company how the inheritance tax will be handled at closing so there are no surprises.

Step 4: Decide how to sell

Once you have letters, you have two main options.

List it with an agent

This can bring the highest sale price if the house is in good shape and you have time. But inherited houses often aren’t market-ready: dated kitchens, deferred maintenance, a full house of belongings, sometimes code or roof issues. Getting it ready means spending estate money (or your own) on repairs, cleanouts, utilities, taxes and insurance while it sits on the market.

Sell it as-is for cash

A cash buyer buys the house in its current condition, with no repairs, no cleanout and no showings. You’ll usually get less than a fully renovated retail price, but you skip the carrying costs and the risk of a buyer’s financing falling through. For a lot of families, especially when heirs live out of state or don’t agree on spending money to fix the house, that trade-off makes sense.

Whichever way you go, get a written offer and compare the net amount the estate walks away with, not just the price. Our guide on how to compare cash home buyers before signing covers what to look for in any cash offer.

Can you sell before probate is finished?

Usually, yes. “Probate” in everyday talk covers the whole estate process, which can take a year or more. But you don’t need to wait for the end of it to sell. What matters is that the executor or administrator has been appointed and has letters. From that point, the estate can sign an agreement of sale and close.

Some situations need extra steps, for example if the will limits the executor’s power to sell, or if heirs are disputing who gets the house. In those cases, an estate attorney may need to get the other heirs’ written consent or court approval first.

What if family members disagree?

Disagreements are common. One sibling wants to keep the house, another wants it sold, and a third lives three states away. A few things that help:

Get a written valuation or offer so everyone is working from the same number.
Remember that the executor or administrator has a duty to all the heirs, not just one.
If one heir wants to keep the house, they may be able to buy out the others’ shares.
If nobody can agree, talk to an estate attorney before things escalate.

What about the stuff inside the house?

You don’t have to empty the house before selling it as-is. Take the personal items, papers and keepsakes the family wants, and a cash buyer can handle the rest. Just make sure nothing that belongs to the estate, such as important documents, is left behind by accident.

Frequently Asked Questions

How long does it take to get Letters Testamentary in Pennsylvania?

It depends on the county and whether your paperwork is complete. Call the Register of Wills ahead of time to confirm exactly what to bring. Missing documents, a will that’s challenged, or heirs who can’t agree on an administrator can slow things down considerably.

Do I have to pay the inheritance tax before I can sell?

Not necessarily. The tax is due within nine months of the death, and many estates pay it from the sale proceeds. Your attorney or title company can tell you how it will be handled at closing.

Can I sell the house if it’s in poor condition?

Yes. Cash buyers like J.O Properties buy inherited houses as-is, including ones with major repairs needed or full of belongings.

The house is in Philadelphia but my parent lived in another county. Where do I file?

Generally in the county where your parent lived at the time of death. The Register of Wills in that county can confirm what they need.

Do all the heirs have to sign the sale agreement?

Usually the executor or administrator signs on behalf of the estate. Some situations, like a will that restricts sales, may require the heirs’ consent or court approval, so check with an estate attorney.

Selling an inherited house in Pennsylvania? Get a cash offer from J.O Properties

J.O Properties buys inherited houses as-is across Philadelphia and the surrounding counties, including Philadelphia and Levittown. We can sign an agreement once you have your letters and close on a date that works for the estate. No repairs, no cleanout, no commissions.

Get your free cash offer or call us at (609) 546-4059.

Sources

About the author: Johnathan Ortiz is the founder and owner of J.O Properties. He has bought 500+ homes for cash across New Jersey, Pennsylvania and Delaware over 7+ years. Read more about Johnathan.