The short version
- Whether you need probate depends on how the house was titled. A transfer on death designation, a survivorship deed, or a trust can pass it to you without probate.
- If the house is in the estate, the executor or administrator sells it, with authority from the will, the heirs, or the probate court.
- Ohio has no estate or inheritance tax, and the federal step-up in basis often means little or no capital gains tax if you sell soon.
- You don't have to repair or empty the house to sell it to a cash buyer.
Do you need probate to sell?
Start with the deed. In Ohio a house passes outside of probate when:
- the owner recorded a transfer on death designation affidavit naming you as beneficiary,
- the deed was a survivorship deed and you are the surviving owner, or
- the house was held in a trust.
In those cases you record an affidavit and a death certificate with the county, and the house is yours to sell.
If the house was in the deceased person's name alone, it goes through the probate court in the county where they lived. Small estates may qualify for a shorter process called release from administration, generally for estates of $35,000 or less, or $100,000 or less when the surviving spouse inherits everything. Ask the probate court or an attorney which applies, because the limits and forms change.
Who can sell the house
During probate the executor named in the will, or an administrator appointed by the court when there is no will, acts for the estate. Whether they can sell on their own depends on the will. Many wills give the executor a power of sale. Without one, the executor needs the consent of the heirs or an order from the probate court.
If the house has already passed to several heirs, every owner has to sign. When heirs can't agree, any one of them can ask a court to order a sale through a partition action, but that is slow and expensive. A firm cash offer with a simple split often settles the argument.
You don't have to wait until probate is finished to line up a buyer. We can agree on a price now and close as soon as the person selling has the legal authority.
Inherited a house you don't want to fix up or clear out?
We buy inherited houses across Greater Cleveland as they stand. We can make an offer now and close when the estate is ready.
What it costs to hold an empty house
An inherited house keeps costing money until it sells: property taxes, insurance, utilities, lawn and snow, and the mortgage if there is one. Tell the insurance company the house is vacant. Many homeowner policies limit coverage after 30 to 60 days of vacancy, and a burst pipe in an uninsured house can wipe out the inheritance.
In winter, keep the heat on or have the plumbing winterized. Check on the house often. Vacant houses attract break-ins and code violations.
Sell as-is or fix it up
Many inherited houses haven't been updated in decades and are full of a lifetime of belongings. Fixing one up to list can pay off if the heirs have the cash, the time, and agreement on what to do. Often they have none of the three, and some live out of state.
Cleveland Quick Sale buys inherited houses as they stand. Take what matters to the family and leave the rest. There are no repairs, no cleanout, no commissions, and no fees. If the house is packed full, see our guide to selling a hoarder house. To compare a listed sale with a cash offer, use our home sale calculator.
Taxes on an inherited house
Ohio repealed its estate tax for deaths after 2012 and has no inheritance tax. For federal income tax, an inherited house generally gets a stepped-up basis, meaning your starting value for capital gains is what the house was worth on the date of death, not what the owner paid. If you sell soon afterward for about that value, there is usually little or no gain to tax. Confirm with a tax preparer.