Probate & Estate Sales Insider Insights
Do You Pay Capital Gains Tax When You Sell an Inherited House in New Jersey?
When you sell an inherited house in New Jersey, capital gains tax usually applies only to the increase in value after the date of death, not to everything the house gained while the person who died owned it. IRS…
Does a House Have to Go Through Probate in New Jersey?
Not always: in New Jersey, a house goes through probate when it was in the name of the person who died alone. A house owned by spouses as tenants by the entirety, or by joint owners with a right of survivorship, passes…
NJ Inheritance Tax on a House: Who Pays and How Much?
In New Jersey, inheritance tax depends on who inherits the house, not on the house itself: a spouse, child, grandchild, parent or stepchild pays nothing, while a sibling, niece, nephew or friend can owe between 11 and…
Does an Inherited House Need a NJ Inheritance Tax Waiver to Sell? (Form 0-1 and L-9)
Yes, in most cases an inherited house in New Jersey needs a tax waiver before it can be sold: the state's written consent, called Form 0-1, which only the NJ Division of Taxation can issue. If every beneficiary is…
Reverse Mortgage After the Owner Dies: What Heirs Need to Know
When the last borrower on a reverse mortgage dies, the loan becomes due, and the heirs or the estate generally have three choices: pay it off, sell the house, or give the house to the lender. If the home is worth less…
Selling the House After Your Spouse Dies in New Jersey: The 2-Year Rule and What Else to Know
If you and your spouse owned the house as tenants by the entirety, it's already yours: in New Jersey it passes to the surviving spouse without probate and without a state inheritance tax waiver. If you sell within two…
Can You Buy Out a Sibling's Share of an Inherited House in New Jersey?
Yes: one sibling can buy out the others' shares of an inherited house in New Jersey, and the cleanest buyouts start with a fair market value everyone accepts. The estate's attorney drafts the deal and confirms who has…
Can You Sell a House Before Probate Is Finished in New Jersey?
In New Jersey, an inherited house can't be sold until someone has legal authority to sign for the estate, and that authority comes from the county Surrogate. The good news is that "before probate" covers less time than…
What Certificates and Permits Does a New Jersey Estate Home Need Before Closing?
Almost every one- or two-family estate home in New Jersey needs a smoke alarm and carbon monoxide alarm certificate from the town before it changes hands, and many towns add their own resale inspection or certificate…
What Is the House Worth on the Date of Death, and Do You Need an Appraisal?
The date-of-death value is what an inherited house was worth on the day the owner died, and in New Jersey it matters twice: the state asks for it on any inheritance tax return, and the IRS generally uses it as the…
Do All Heirs Have to Agree to Sell an Inherited House in New Jersey?
Not always. In New Jersey, an executor or administrator generally has the power to sell estate real property without every heir signing off, unless the will, the appointment or a court order limits that power, or the…
Does an Executor Have to Fill Out a Seller's Disclosure in New Jersey?
In general, yes: since August 1, 2024, New Jersey's Seller's Property Condition Disclosure Statement has been mandatory for sellers of residential property, and the official instructions and the 2024 law I read don't…
What Happens at Closing When an Estate Sells a House, and When Do Heirs Get Paid?
At an estate closing in New Jersey, the executor or administrator signs the deed for the estate, the state's inheritance tax waiver clears the way for the transfer, and the sale proceeds go to the estate, not straight…
Estate Sale or Clean-Out First? Emptying a Loved One's House Before Selling in NJ
In most estates the order is: confirm who has authority over the contents, set aside anything the will leaves to a named person, hold the estate sale, donate what's left, and then bring in the clean-out crew. The house…
How Long Do You Have to Transfer a House After Death in New Jersey?
None of the official New Jersey sources I checked sets a deadline for selling or transferring a house after someone dies. What they do set are other dates that shape the timeline, from the 10-day wait before a will can…
How Long Does Probate Take in New Jersey?
Probate in New Jersey has a fast first step and a longer tail: with a will, the county Surrogate can appoint the executor as soon as the 11th day after death, but settling the whole estate usually takes many months.…
How Do You Sell an Inherited House in New Jersey?
To sell an inherited house in New Jersey, someone has to have legal authority to sign for the estate, and the sale closes once the estate has the state's inheritance tax waiver for the real estate. Usually that person…
How Do You Get Letters Testamentary or a Short Certificate in Monmouth or Ocean County?
Letters Testamentary are the county Surrogate's appointment of the executor named in a will (Letters of Administration when there's no will), and short certificates are the proof of that authority you hand to the bank,…
What If One Heir Is Living in the Inherited House and Won't Sell?
If the house is still in the estate, New Jersey law generally gives the executor or administrator, not the heir living there, the power to manage and sell it, unless the will or a court order says otherwise. If the…
How Do You Protect a Vacant Inherited House While It's for Sale?
To protect a vacant inherited house in New Jersey, call the homeowners insurance company right away, keep the heat or a proper winterization in place, and have someone inside the house at least once a week until it…
How Do You Sell a House Held in a Living Trust After Death in New Jersey?
When a house was deeded into a living trust, the trustee named in the trust sells it under the trust's terms, without Letters from the Surrogate. The trustee proves their authority with a certification of trust under…
Selling an Estate Home in a 55+ Community in Ocean or Monmouth County
Selling an estate home in a 55+ community works like any estate sale on the legal side, with one more layer: the community's own rules, which decide who can buy and live there and what the association needs before…
Selling an Inherited House With Tenants in New Jersey
You can sell an inherited house with tenants in New Jersey, but the sale doesn't end their tenancy: the state's Anti-Eviction Act requires good cause to remove a residential tenant, and selling isn't one of the general…
What Happens to a House When Someone Dies Without a Will in New Jersey?
When someone dies without a will in New Jersey, the house passes to their heirs under the state's intestacy law, and the county Surrogate appoints an administrator who has authority to manage the estate, including…