The short answer
It depends on how the house passes. If it is part of the estate, the executor generally sells it, once the court has issued letters. What the executor may do then depends on the state; in California, for example, some sales need the court's supervision.
In some states, a transfer-on-death deed passes the house to the person it names. If the house is in a living trust, the trustee may be able to sell it under the trust's terms, depending on the state. In most of the country, a settlement agent from a title insurance company runs the closing.
This chapter explains how things usually work in the United States. It is not legal, tax or financial advice, and the rules where you live may differ. Before you act on anything here, check it with one of the people named at the end of the chapter.
What to do
- Find out how the house is titled, and whether a transfer-on-death deed was recorded.
- Ask the executor or trustee what authority they have to sell.
- If the house is in the estate, ask the probate court whether it must approve or supervise the sale.
- Talk to a title company or closing attorney early about what it needs.
- Ask who can approve repairs before anyone pays for them.
- Agree in writing how the money from the sale will be handled.
What can wait
- Repairs, until you know who can authorize them.
- Emptying most of the house, until you know the closing date. Medicines and firearms come first, as How do I clear a house in stages? explains.
Who can help
The executor or trustee can tell you what authority they have and what the court or the trust allows. The probate court clerk can explain the court's process and forms.
A real estate or probate lawyer in the state where the house is can say who needs to sign. The title company or closing attorney can tell you what it needs before the closing.
The rules, phone numbers and web addresses in this book were checked against the agencies’, courts’ and organizations’ own pages in October 2026. Where a rule differs by state, the book names one state as an example. Check anything you rely on with the office itself.
From Book 4: Their House
This page has the short answer and the closing lists from chapter 6. The full chapter explains, in plain words, what exists, what to ask, and who can answer. The book covers months 3 to 15 after the death.
Questions near this one
Other questions on related subjects, from this book and the others.
- What if we cannot agree about the house? Book 5, Siblings and the Estate
- What happens to their bank and investment accounts? Book 3, Their Money
- Am I the executor, and do I have to accept? Book 2, Being in Charge
- Can I be paid for this? Book 2, Being in Charge
Hear when Their House is out
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