Selling an Inherited Property in Buffalo

Inheriting a property can be tough emotionally as well as on your bank account. Does the property need expensive upgrades and repairs? How much will you have to pay in taxes? Is there a will or will you need to deal with the probate process? But inherited properties are also a great opportunity for real estate investors and buyers looking for a discount on a property they can make their own. But what does it take for a homeowner to sell an inheritance? Are there special steps that need to be taken to deal with this type of sale? This article will explain the process of selling an inherited property to (hopefully) make a profit. Inheriting a property in Western New York can be both a blessing and a challenge. Whether you plan to sell quickly or take time to explore your options, understanding the process is key to making informed decisions. Our team is here to guide you through every step, ensuring a smooth and stress-free experience.

How To Sell An Inherited Property in Buffalo

So you’ve inherited a property and you’re not sure what happens next. In most states, the inherited property must go through a probate process so the courts can determine who is the legal owner. Probate is a legal process in which the Court legally transfers ownership of the estate’s assets to one or more beneficiaries and/or Heirs. Depending on the state of the will (if there was one), this process can be very fast or very slow.

Determine the Executor

For inherited properties with a will, establishing the executor of the estate should be straightforward. One of the most important aspects of a will is establishing an executor that is able to carry out the deceased’s wishes through the process of probate.  Any assets listed in a will can’t be sold until the will is validated by the Court but, once approved, the executor of the will is allowed to act on the wishes of the deceased. But if the will is contested or there is no will, the process might take longer as the Court gets involved. 

The probate court will appoint someone not associated with the family as an administrator to the estate. These administrators play a similar role as an executor; they are responsible for carrying out the wishes of the deceased as stated in the will, as well as paying off any of the estate’s debts and distributing any assets. They may also determine if any real estate assets will need to be sold to pay off the estate’s debts, including back taxes, mortgages, etc.

Working with Lawyers and Real Estate Agents

Probate is not a simple process which is why you’ll want an experienced lawyer to help you navigate the potential pitfalls of selling an inherited home. But once you have the probate court’s okay to move forward with the sale of the property, working with a real estate agent that has dealt with inherited homes before will be your next smart step. An experienced agent with probate experience will understand the nuances and regulations for this type of sale. They can help you find the right buyer to help you get top dollar for the inherited property. They also will be a helpful guide to let you know what is worth spending time and money to fix up and upgrade, and what is a waste of your time. Listening to their advice may be the difference between selling a property quickly and for a profit, or being stuck with a house that sits on the market for too long and sells for below market value.

Resolve Any Debts

When you hear the word “inheritance” do you think of a mysterious great-aunt leaving you a million-dollar mansion in the woods, or do you understand the reality of having to deal with a property that might have liens against the title, years of back taxes, as well as a mortgage that leaves you with the ability to make much of a profit after a sale? Sadly, dealing with a loved one’s passing often means dealing with their debt, whether that’s in the form of taxes, a mortgage, or maxed out credit cards. Any assets you inherit must go to paying off that debt first before you can see one dime of the estate. While a house may seem like a huge asset, it also can be a huge money pit. An experienced estate advisor can help you research your options when it comes to dealing with an estate.

Clean & Restore the Home

Once ownership has been decided and the property is considered yours, your next step will be to decide whether you want to live in it, rent it out, or sell it. Many times, when a loved one passes they leave behind a house that is not in the best of shape. Whether the property hasn’t been kept up in the past decade and needs major cleaning and repair, or there were never any upgrades done and the house will need to be completely renovated to make it “market ready”, this is the part of an inheritance that is often forgotten about.

Do all heirs have to agree to sell the property?

No, the Heirs don’t have to agree to sell an inherited house or property if ownership has been established by a will or the probate court. But if ownership has not been established, such as with an estate with no will and/or a Court-appointed administrator, then all Heirs must agree to the sale. This also includes properties that have been put up at auction by the Court to pay off the estate’s debts. If a buyer purchases a house at auction but one or more of the Heirs disagree with the sale, the purchase must be put on hold while the disagreement is worked out and a settlement is reached.

How to Settle a Disagreement

There are a variety of options for settling disagreements among Heirs over an estate, but the first step is making sure that a loved one has an executor. Having a point person who is there to make sure the deceased’s wishes are followed as set forth in the will can ensure that there are no arguments over how the assets will be dealt with. If there is no executor and the will is being disputed, your next step may be hiring a mediator. Having a neutral third party to help work out differences will be much more affordable than a legal battle in probate court.

Best Practices

But what if the issue is around the executor themselves? Disputes can occur when a family member is named as the executor or trustee of a will, causing strife with the other family members. If this has happened to you, an option is for the person to decline the appointment and choose an independent fiduciary, such as an estate-planning attorney, to administer the will. Stepping back while a neutral party steps in might not just keep arguments from cropping up, but might also give everyone the time and space to deal with difficult emotions before it permanently damages your family. 

How is inherited property taxed when sold?

State and local governments in the United States collected over $5.3 billion in revenue from estate and inheritance taxes in 2020. That’s a lot of taxes! But with laws and regulations different from state-to-state, you’ll want to do your research and contact a lawyer with knowledge and experience of taxes and estate planning as you deal with a surprise inheritance or you’re writing your own will. 

State Tax Laws

Each state has different laws regarding inheritances. In the case of the sale of an inherited property, states may take an estate tax, an inheritance tax, as well as a capital gains tax on your inheritance. Currently, twelve states have an estate tax, 5 have an inheritance tax, and one has both an estate and inheritance tax.

Capital Gains Tax on Inherited Property

What is the capital gains tax and which states require it? The capital gains tax is paid on the appreciation of any assets that an heir inherits through an estate but it is only levied once the asset is sold for a profit, not when you inherit. This tax is then paid on the difference between the sale price and the purchase price of the property. Most states require this tax paid on an inherited property, but there may be exemptions for individuals selling a property for less than a certain amount. An example is Washington State, where the capital gains tax is not levied on homes and/or properties sold for less than $250,000. There may also be other legal ways to get around or reduce the capital gains tax in your state, including reinvesting the money in another property. Consult with a tax lawyer knowledgeable of the laws in the area you will be selling before proceeding with the sale of your property.

Estate Taxes

An estate tax is a tax paid directly out of the estate to the state before anyone is able to inherit it. Worried that you might get a huge hit taken from the estate? Don’t worry! The estate tax has a minimum threshold which in 2023 was $12.92 million for individuals. This means that the government is not able to charge you an estate tax unless your total taxable estate is worth $12,920,001. The remainder is passed on estate tax-free. Despite having such a high threshold, each year more states repeal their estate tax laws, losing out on millions of dollars of revenue.

Inheritance Taxes

Only six states have an inheritance tax, meaning that it is likely that you are in the lucky majority that won’t have to deal with this. But if you live in one of those six states – Maryland, Nebraska, Kentucky, New Jersey, Pennsylvania, and Iowa – you as a beneficiary/Heir to an estate will be required to pay taxes on your inherited assets and properties. But don’t worry – even if you live in a state that has an inheritance tax, you won’t have to pay a dime if the deceased lived in one of the 44 states that does not have this tax.

Understanding Your Options

Before selling an inherited property, it’s essential to consider your options:

• Keep the Property – Some heirs choose to move in, rent it out, or hold onto it for future investment.
• Sell the Property – If selling is the best option, understanding the market, pricing, and legal requirements is crucial.
• Transfer Ownership – In some cases, transferring the property to another family member might be the preferred choice.

Common Challenges & How We Help

Selling an inherited property can come with unique challenges, including:

• Emotional Considerations – Letting go of a family home can be difficult. We provide compassionate guidance to make the process easier.
• Multiple Heirs & Disagreements – When multiple family members inherit a property, decision-making can become complex. We assist in facilitating fair solutions to ensure a smooth sale.
• Property Condition & Repairs – If the property needs repairs or updates, we help you evaluate cost-effective improvements or connect you with investors who buy homes as-is.
• Tax Implications – Understanding capital gains taxes and inheritance taxes is crucial. We work with financial professionals to ensure you’re aware of any tax responsibilities before selling.

Why Work With Us?

Selling an inherited property can be emotional and complex, but you don’t have to navigate it alone. Our experienced team understands the Western New York market and can provide expert guidance to help you sell efficiently and for the best price. We take care of the details, so you can focus on what matters most.

Contact Us Today

Ready to explore your options? Contact us today to discuss your inherited property sale. Our dedicated team is here to provide the support and expertise you need to make the process smooth and stress-free.

Steps to Selling an Inherited Property

1. Understand the Legal Aspects

Before listing the property, ensure that the title is clear and the estate has gone through probate, if necessary. If multiple heirs are involved, all parties must agree on the sale.

2. Assess the Property’s Value

A professional appraisal or comparative market analysis (CMA) will help determine the property’s fair market value. This ensures you price it competitively in the Western New York market.

3. Prepare the Property for Sale

Depending on its condition, you may need to clean, declutter, or make repairs to increase its appeal. In some cases, selling “as-is” might be the best option for a faster sale.

4. Choose the Right Selling Strategy

You can sell traditionally through a real estate agent, list it as a For Sale by Owner (FSBO), or work with an investor for a quick cash sale. Each approach has pros and cons depending on your timeline and goals.

5. Market the Property Effectively

Professional photography, compelling descriptions, and strategic online listings will attract the right buyers. Our team specializes in marketing inherited properties to get you the best possible offer.

6. Close the Sale

Once you accept an offer, the closing process involves finalizing paperwork, handling any remaining estate matters, and transferring ownership to the b

Documents required to sell an inherited property

To show legal ownership and place a property for sale, you will need to have a copy of the documents issued by the court that grant you the legal authority to act as the executor or administrator of the estate. These documents will establish your ability to manage the inherited property. Once a buyer is found and you are ready to close, you’ll need the deed, title insurance, or other relevant legal records to establish the legal ownership of the inherited property. 

Do your research regarding what additional documents may be needed to sell an inherited property! Some jurisdictions may require additional property-related documents, including previous surveys, inspections, or any other relevant paperwork that pertains to the property’s condition or history.

Avoiding Common Pitfalls

When selling an inherited property, there are some common pitfalls that can delay or complicate the process. Here’s how to avoid them:

• Not Understanding the Probate Process – If the property has not gone through probate, it may not be legally eligible for sale. We can help you connect with legal experts to resolve this issue.
• Pricing the Home Incorrectly – Overpricing can lead to a stagnant listing, while underpricing may result in lost equity. We use local market data to help you set the right price.
• Failing to Maintain the Property – Even if you plan to sell quickly, a neglected property can turn off buyers. Simple maintenance and small improvements can make a big difference.
• Ignoring Tax Implications – Selling an inherited home may have tax consequences, including capital gains. We work with financial advisors to help you plan accordingly.

Is there an easier way to sell?

Yes, there is! Buffalo Brick & Mortar LLC is a direct house buying company that has built our reputation on buying inherited houses for cash with less stress and less fees. Contact us today and get a competitive cash offer for an inherited house, condo, or property. We buy homes in any condition, and we can also help with the convoluted process of selling a house in probate! Let us make your home selling experience as straightforward and stress-free as possible so you can move on with your life. Selling an inherited property can be emotional and complex, but you don’t have to navigate it alone. Our experienced team understands the Western New York market and can provide expert guidance to help you sell efficiently and for the best price.

Ready to explore your options? Contact us today to discuss your inherited property sale.

Even if the house suffered major damage in the last storm or was neglected for years and needs a large amount of upgrades to make it “market ready”, once you accept our fair cash offer our team of experts will handle all of those expensive repairs so you don’t have to! We make selling an inherited house easy.