Can I Sell My Deceased Parent’s House Without Probate? Avoid Costly Delays

Yes, you can sell your deceased parent’s house without probate if the property was held in a living trust, jointly owned, or transferred via a transfer-on-death deed (TOD). States also allow small estate affidavits for low-value estates. Act fast to avoid probate delays—here’s how.

Why Avoiding Probate When Selling an Inherited House Matters

Probate can take 6–18 months, drain 3–7% of the estate’s value in fees, and freeze property sales. Learn how to bypass probate with these probate-free property transfer strategies.

How to Sell a House Without Probate: 5 Legal Shortcuts

1. Sell a House in a Living Trust (Fastest Method)

A revocable living trust allows heirs to sell the home immediately.

Steps to Sell:
- Locate the trust document and confirm successor trustee rights.
- Provide the death certificate and trust paperwork to the title company.
- List the house as “trust-owned” to attract buyers.

2. Joint Ownership With Rights of Survivorship

If your parent co-owned the house as joint tenants (JTWROS) or tenants by the entirety (for spouses), you inherit the property automatically.

Action Required:
- File an affidavit of survivorship and death certificate.
- Update the deed and sell without court involvement.
  User Question: “Can a joint owner sell the house before probate?” Yes, if rights of survivorship apply.

3. Transfer-on-Death Deed (TOD) for Real Estate

TOD deeds (allowed in 30+ states) let beneficiaries claim the house directly.

Critical Steps:
- Confirm the TOD deed was properly recorded.
- Submit the death certificate to the county recorder.
- Transfer ownership and sell (no probate needed).
  Resource: State-Specific TOD Deed Rules.

4. Small Estate Affidavit for Low-Value Properties

If the estate’s total value is under your state’s threshold (e.g.,

50k–

50k–184k), file a small estate affidavit to claim the house.

Process:
- File the affidavit with the court or recorder’s office.
- Use it to transfer the title and sell the property.

5. Beneficiary Deeds or Lady Bird Deeds (State-Specific)

States like Florida and Texas allow enhanced life estate deeds (Lady Bird deeds) to bypass probate.

Check If Applicable: Consult an estate attorney to confirm eligibility.

What If the House Isn’t in a Trust or Jointly Owned?

If none of the above apply, you may still avoid full probate via:

Simplified Probate Procedures: For small estates (e.g., summary administration in Florida).
Heirship Affidavits: In Texas, heirs can use affidavits to sell if all beneficiaries agree.