How to Sell an Inherited House in Philadelphia and Pennsylvania

Who can sell an inherited house in Pennsylvania?

The estate's personal representative, once the Register of Wills appoints them. With a will, that's the executor it names, who receives "letters testamentary." With no will, the Register appoints an administrator, usually a spouse or a child, who receives "letters of administration" (20 Pa.C.S. § 3155). Until someone has letters, nobody can sign a deed for a house still in the late owner's name.

If several heirs qualify, the others sign renunciations or they serve together as co-administrators. If they can't agree, the Register can decide, or appoint an independent administrator. Two rules matter for a sale: if the will leaves the house to a specific person, that person must join in (§ 3351), and a relative living in the house doesn't take away the executor's power to sell it (§ 3311).

How does probate work in Philadelphia, step by step?

Probate happens in the county where your relative lived. In Philadelphia, that's the Register of Wills Probate Department, City Hall, Room 180 (215-686-6255, weekdays 8 a.m. to 4 p.m.). The staff can explain the process but can't give legal advice.

1. Find the original will and get death certificates. The funeral home can usually order certified copies. They come from the Pennsylvania Department of Health, not the Register.
2. Bring what the Register asks for. The original will, an original death certificate, an estimate of the estate's value, photo ID and the fee. With no will, add renunciations from heirs who agree you should serve.
3. Sign the petition and get letters. Order "short certificates" too. Banks and the title company use them as proof of your appointment.
4. Advertise the estate. Right after letters, run a notice once a week for three weeks in a local newspaper and the legal journal, asking creditors to come forward (20 Pa.C.S. § 3162). In Philadelphia, that journal is The Legal Intelligencer.
5. Notify the family. Within 3 months of letters, send the official notice to beneficiaries and heirs, and file a certification with the Register within 10 days (Orphans' Court Rule 10.5).
6. File the inventory and the inheritance tax return. Both are due by 9 months after the death. In Philadelphia, file the return at City Hall, Room 177.
7. Pay the bills, sell or transfer the house, and distribute. Debts and taxes come first. If the estate isn't settled 2 years after the death, file a status report, then yearly (Rule 10.6).

Where probate happens in Bucks, Delaware and Montgomery counties

• Bucks County: Register of Wills, 55 East Court Street, 6th Floor, Doylestown (215-348-6265), or the Levittown office. You can file online and finish by video call.
• Delaware County, PA: Register of Wills, Government Center, 201 W. Front Street, Media (610-891-4400). By appointment, in person or virtual.
• Montgomery County, PA: Register of Wills, One Montgomery Plaza, 425 Swede Street, 4th Floor, Norristown (610-278-3400). Walk-ins accepted.

The state deadlines are the same in every county; fees and procedures vary. We buy across Bucks County, Delaware County, PA and Montgomery County, PA.

How long does it take?

A probate guide posted by the Philadelphia courts says months with one heir and a will, and years with no will and heirs all over the country. These dates don't move:

How much is Pennsylvania inheritance tax on a house?

Pennsylvania taxes what each person inherits, at a rate set by their relationship to the person who died. The house counts at its fair market value on the date of death, after funeral costs, estate expenses and the late owner's debts are subtracted.

Example: a $200,000 house left to two children owes 4.5%, or $9,000. Paid within 3 months of the death, the 5% discount makes it $8,550. Left to a brother instead, it would owe $24,000.

• File Form REV-1500 and pay within 9 months. Interest starts 9 months and one day after the death.
• In Philadelphia, file two copies at City Hall, Room 177 (215-686-2918), with checks payable to "Register of Wills, Agent." Staff can't calculate it for you.
• Property a married couple owned jointly is exempt. A $3,500 family exemption can be claimed by a spouse, or by a child or parent who lived in the household.
• Unpaid inheritance tax is a lien on the house until it's paid, so the title company will want it paid or covered at settlement.

At a sale, Philadelphia's realty transfer tax is 4.578% (3.578% city plus 1% state), usually split between buyer and seller by custom, not law. A sale by an estate isn't exempt. For federal income tax, the basis is generally the house's value on the date of death, so a sale soon after often shows little gain.

Can you sell the house before probate is finished?

Yes. You need letters, not a finished estate. Unless the will says otherwise, the personal representative can sell estate real estate at a public or private sale, and the buyer gets full title (20 Pa.C.S. §§ 3351 and 3357). At settlement, the title company pays off the mortgage, back taxes and city bills from the sale money; the rest goes into the estate account until the executor distributes it. If the Register required a bond, ask your attorney early: sale money can't be paid to the executor until the court rules on extra security.

Some relief: family members usually don't have to pay a relative's debts from their own money, unless they co-signed or the estate skipped the probate rules (Federal Trade Commission).

What if the house is still in a late relative's name and no estate was opened?

This is common in Philly, and it's called a tangled title: you live in the home and consider it yours, but your name isn't on the deed, often because a parent or grandparent died without a will or before probate was finished. That makes loans, repair grants, insurance and tax help hard to get. To sell, someone has to open the estate and get letters.

• Title Clearance Unit, Register of Wills. It helps qualified residents through probate and the title transfer: checking for a will, finding heirs and records, preparing deeds for modest cases, and spotting liens and back taxes. City Hall, Room 183, walk-ins 8 a.m. to 4 p.m., 215-686-6262. Bring photo ID and two proofs of income.
• Tangled Title Fund. A City-funded grant program that helps residents clear title, linked from the City's title page.
• Check the deed yourself. The City's property search, property.phila.gov, shows whose name is on the house.

If the owner died years ago, inheritance tax can still be owed for that death, plus interest, at the rate in effect when they died. If two generations passed without an estate, there may be two estates to open.

Keithrollin T. sold us a house that was still in his grandmother's name:

What if you and your siblings don't agree?

If there's a will, it decides who inherits. If not, and there's no surviving spouse, the children share equally, and a child who has died is represented by their own children (20 Pa.C.S. §§ 2103 and 2104). Either way, the executor runs the sale, not a family vote, and must account to everyone.

• A brother or sister living in the house doesn't stop a sale (§ 3311).
• When the power to sell comes from the law rather than the will, any heir can ask the court to block a sale (§ 3355).
• Heirs who end up owning the house together can ask the Orphans' Court to divide it or order it sold, even in a sale open only to the heirs (§ 3534).
• One sibling can buy out the others. In Philadelphia, most transfers between siblings are exempt from transfer tax, with documentation.

Court costs come out of everyone's share, so start with one neutral price opinion and a written list of the monthly costs.

Do you have to clean out the house before selling?

Not if you sell as-is to a buyer who takes the contents. Either way, the belongings are part of the estate, so the executor decides what happens to them. First, save the paperwork you'll need for the inventory and tax return: the deed, will, bank statements, tax returns, insurance policies, bills and mail. Let family choose keepsakes, and write down who took what.

• A safe deposit box must be inventoried for the state, with 7 days' notice, before its contents come out.
• Keep the heat, insurance and locks in place.
• In Philadelphia, an empty house needs a Vacant Residential Property License ($202 a year when we checked) unless it's being renovated.

Does the house have to be fixed up first?

No. Many inherited Philly rowhomes sell as-is, with a tired roof, a wet basement, old wiring or open L&I violations. Pennsylvania's seller disclosure law doesn't apply to an executor or administrator selling while settling an estate (68 Pa.C.S. § 7302), but tell buyers what you know. Fixing up first means the estate fronts the money and carries the house longer; selling as-is means a lower price. Our guide to selling a house as-is covers that trade.

What are your options for an inherited house?

A straight answer on price: an as-is cash offer, ours included, is usually below what the house would bring fully renovated, because the buyer pays for the repairs, takes the risk and carries the house while it's fixed. The estate saves the repair bill, the cleanout, the commission and months of bills. If listing will clearly net your family more, we'll say so. See how we calculate our offer, or how to stop a sheriff sale in Philadelphia if back taxes led to a sale notice.

What does selling an inherited house look like for a real family?

Keith inherited his mom's house in South Philadelphia and sold it to us. Hear it from him:

Inherited his mom's house

Keith, South Philadelphia

How can Vivid help?

We're a local, family-owned real estate investment company at 2614 Amber St, near Fishtown, and we buy inherited houses for cash, as-is, across Philadelphia and Bucks, Delaware and Montgomery counties.

• A fair written cash offer, usually within 24 hours, that the whole family can review.
• No repairs, no cleaning, no agent commissions and no fees from us. We pay all the closing costs, and your written offer shows exactly what you walk away with before you sign.
• The executor picks the closing day.
• A real local person answers, even before letters are granted.

No pressure, and if listing is the better choice, we'll tell you. House in South Jersey? See our New Jersey inherited house guide.

Get my cash offer Text or call (267) 551-5554

Questions families ask

This guide is general information, not legal or tax advice. For your situation, talk to a Pennsylvania attorney or tax professional.