First: you probably have time
Unless the estate has urgent debts or the carrying costs are a burden, you don't have to decide this week. Most decisions about inherited property don't come with 30-day deadlines, and Maryland probate itself typically takes 6–12 months. Meanwhile, keep paying the mortgage, taxes, insurance and utilities from estate funds so the house stays protected.
How probate affects the sale
In Maryland, probate runs through the Register of Wills in the county where the owner lived. The personal representative (executor) files the will and an inventory; the house is appraised at its value on the date of death; estate debts are paid from estate assets (heirs aren't personally responsible for them); and title passes to the heirs by deed once the court allows it. Small estates (under $50,000) have a simpler process.
Probate may not be needed at all if the house was in a living trust, held in joint tenancy with right of survivorship, or passed by a transfer-on-death deed.
Can you sell before probate is finished? Generally you need clear title first, but the personal representative may be given authority to sell during probate, and a cash sale can sometimes be signed now and closed after probate is final. A probate attorney can tell you what applies to your estate.
Taxes: the stepped-up basis
Heirs usually get a stepped-up basis: your tax basis is the home's fair market value on the date of death, not what the owner originally paid. If you sell soon after inheriting, there's often little taxable gain. Appreciation after the date of death can be taxable, so talk to a CPA about your situation.
When several heirs share the house
Every co-owner has to agree to a sale, and the family conversation is often harder than the paperwork. A few things help:
- Meet early and find out who wants to sell, keep, rent or buy others out.
- Get an independent appraisal if one heir wants to buy out the others, so everyone works from the same number.
- Keep it simple. A direct sale means one walkthrough, one written offer every heir can review, and proceeds paid out at a single closing.
If heirs truly can't agree, a co-owner can ask a court to order a sale (a partition action), but it's slow, costly and hard on families. It should be a last resort.
Common snags we can work through
- A mortgage on the house: it doesn't go away when the owner dies; it's paid off from the sale at closing and the remaining equity goes to the heirs.
- Unpaid property taxes: they create liens, and Baltimore City's tax sale process is aggressive. They're settled at or before closing.
- Clouded title: missing deeds or old unreleased liens can usually be cleared by a title company or real estate attorney.
- A house full of belongings: take what matters to you and leave the rest.
Your three options
| What it involves | Best when | |
|---|---|---|
| Direct cash sale | As-is, no clean-out, close in about 2–3 weeks once title is clear | The house needs work, heirs live far away, or the family wants it settled |
| List with an agent | Often 45–90 days on market plus closing; every heir signs at each stage | The house is in good shape and already cleared out |
| Renovate, then list | 3–6+ months, renovation paid up front, contractors to manage | There's real equity and someone nearby to run the project |
State notes
- Maryland: the Seller's Disclosure and Disclaimer Statement is required, even as-is. Transfer and recordation taxes typically total 1.5–3% depending on the county.
- Washington DC: probate can take several months; a Seller's Property Condition Disclosure is required for most sales; transfer and recordation taxes can reach 2.9% combined.
- Virginia: sellers use the Residential Property Disclosure Statement and can't actively conceal known defects.
- Homes built before 1978 also need the federal lead-paint disclosure.
Questions people ask
Do I have to go through probate to sell an inherited house in Maryland?
In most cases, yes, to transfer clear title. The exceptions are a house held in a living trust, in joint tenancy with right of survivorship, or passed by a transfer-on-death deed. Maryland probate runs through the Register of Wills and typically takes 6–12 months; small estates under $50,000 have a simpler process.
Can we sign now and close after probate?
Sometimes. The personal representative may have authority to sell during probate, and a cash sale can be structured to close once probate is final. Ask your probate attorney what applies to the estate.
Do heirs pay capital gains tax on an inherited house?
Usually little, thanks to the stepped-up basis: your basis is the home's value on the date of death. Gains after that date can be taxable. A CPA can confirm for your situation.
Are there any fees or commissions?
No agent commissions and no hidden fees. In most of our purchases the seller's closing costs are covered, so the offer you accept is very close to the cash you walk away with. We put the numbers in writing before you sign.
Do I have to clean out the house or make repairs?
No. We buy as-is. Leave behind anything you don't want. Sellers must still disclose known material defects on the state disclosure form, even in an as-is sale.
Is a cash sale always the best option?
No. If the house is in great shape and you have months to spare, listing it may net more, and we'll tell you so. A cash sale trades some top-line price for speed, certainty and no out-of-pocket costs.
General information, not legal, tax or financial advice. Parlevu Global Services LLC is a real estate investment company that buys homes; we are not a law firm or a brokerage. We treat every homeowner the same and follow fair housing laws. Prefer to talk it through? Book a free call.