What Documents Do You Need to Sell a Deceased Parent's House?

First: Establish Your Legal Authority to Sell

Before any other paperwork matters, you need to establish that you have the legal right to sell the property. How you do this depends on how the property was owned and what estate planning documents exist.

If the property goes through probate: The probate court will issue Letters Testamentary (if there is a will) or Letters of Administration (if there is no will) to the named executor or administrator. This document is your authority to act on behalf of the estate, including selling real property. You will need multiple certified copies , typically 6 to 10 , because every institution you deal with will want an original.

If the property is in a trust: The successor trustee named in the trust document has authority to sell without going through probate. You will need the trust document and a certification of trust.

If the property was held jointly with right of survivorship: Ownership passes automatically to the surviving owner. You will need the death certificate and, in some states, an affidavit of survivorship recorded with the county.

If the property had a beneficiary deed (transfer on death deed): The property transfers directly to the named beneficiary by recording the death certificate with the county recorder. No probate required.

The Core Documents

What the Title Company Needs at Closing

The title company handles the mechanics of closing and will give you a specific list of what they need based on your situation. Generally this includes:

Certified letters testamentary or trust documentation, the death certificate, a completed seller's disclosure (if required in your state , requirements vary for estate sales), any HOA documents if applicable, and any existing surveys or warranties on the property.

The title company will also run a title search to identify any liens, encumbrances, or title defects that need to be resolved before closing. Resolve these before listing the property if possible , they will surface eventually and are easier to handle before a buyer is waiting.

Tax Considerations You Should Know

Inherited property receives a stepped-up basis to its fair market value at the date of death. This means if your parent bought the house for $80,000 in 1975 and it was worth $400,000 when they died, your cost basis is $400,000 , not $80,000. If you sell shortly after death at fair market value, there may be little to no capital gains tax owed.

Get a formal appraisal done as close to the date of death as possible to establish the stepped-up basis. This protects the estate and the heirs in the event of an IRS inquiry.

Consult a CPA or tax attorney who handles estates before closing. The tax implications depend on estate size, how quickly the property sells, and your state's specific rules.