They should keep in mind that if their desire to remain in the home conflicts with their siblings’ desire to sell the home, a partition action could ultimately lead to a forced sale of the property. Another scenario may be that you would like to reside in the home before it is disposed of through the will or trust.

Can you sell your parents house after they pass away?

“Handling your parents’ estate after they pass away is a very difficult process,” explains Ryan McKee, a Los Angeles-based agent and probate specialist agent experienced in helping clients sell their parents’ houses. “If the sale of the house needs to also be taken care of at that same time, it’s easy for details to get overlooked.”

What to know when inheriting a house with siblings?

A lawyer can assist beneficiaries with everything from communicating their preferences regarding the property to bringing a partition action to try to force the sale of the property. When deciding how to divide inherited property between siblings, the first thing you should do as a beneficiary is to consult the will or trust document.

What to do with inherited property after death?

Selling a parent’s house after death piles on a stressful situation. Options are available when you share property with family members: buy-out a sibling, sell a share of inherited property, selling it to family, or having courts force the sale.

What to do with a house with siblings?

Selling the Home: The easiest solution when inheriting a house with siblings is generally to sell the house and divide the proceeds from the sale among the siblings according to the percentage shares each sibling had been designated by the will or trust.

When do you have to sell an inherited house?

The house you inherited will go through probate unless the estate was set up to avoid probate. When a Probate Is Required Proper estate planning can simplify selling the family home after the death of a parent, spouse or a life partner. But without the proper planning an inherited home will have to go through the court system.

Do you need a probate order to sell a family home?

When a family home is involved, you will likely need a probate court order to sell the house or transfer the deed. In most states, you also will be required to notify all heirs and other interested parties if and when you plan to sell. And you’ll be required to get an appraisal before proceeding with a sale.