Who Has the Right to Sell Mom’s House? A Guide to Selling an Inherited Home in Philadelphia and South Jersey
When a parent passes away, the house doesn't politely wait while you grieve. The mail keeps coming, the lawn keeps growing, and before long, investors and cash buyers start calling.
Then comes the big question: Can we sell the house, and who gets to make the decisions?
The answer depends on two things most families never got around to discussing:
How the house was owned (what the deed says about how title is held)
What paperwork your parent left behind (a will, the deed, mortgage statements, insurance policies, or a power of attorney)
Until the right person has legal authority, no one can sign a listing agreement, accept an offer, or close on the sale of an inherited house.
This guide explains who has that authority, how they get it in Pennsylvania and New Jersey, and what you can do while you wait for the court's approval.
Step 1: Find Out How the Inherited House Was Owned
Who can legally sell the property depends on whose name is on the deed and what your parent set up before they passed. Most homes fall into one of four situations:
| How the house was owned | Who can sell it | Does it go through probate? |
|---|---|---|
| In your parent's name alone, with a will | The executor named in the will, once the court appoints them | Yes |
| In your parent's name alone, without a will | An administrator appointed by the court, usually a spouse or child | Yes |
| In a living trust | The successor trustee named in the trust | No, if the deed was actually put in the trust's name |
| Jointly with a spouse or someone else “with right of survivorship” | The surviving owner, who already owns it | No |
Common surprises that catch families off guard:
A will alone doesn't give anyone the power to sell. The executor named in the will must first be officially appointed by the court.
A trust only helps if the house is actually in it. Many people sign a trust but never retitle the house. If the deed is still in your parent's name, the house may still need to go through probate.
Transfer on death deeds aren't available here yet. Some states let homeowners name a beneficiary right on the deed. Pennsylvania and New Jersey both have bills pending that would allow this (PA House Bill 2124 and NJ Senate Bill 3679), but as of October 2026, neither has become law.
Not sure what the deed shows? Deeds are public records. In Philadelphia, you can look them up through the Department of Records. In New Jersey, go through your County Clerk's office. The deed will show exactly how your parent held title.
WHAT IS PROBATE?
Probate is the court process that confirms a will is valid (or handles the estate if there's no will), officially appoints someone to manage the estate, pays the deceased person's debts, and distributes what's left to the heirs.
How an Executor or Administrator Gets Authority to Sell a House in PA and NJ
If the house needs to go through probate, the person handling the estate goes to a county office and asks to be officially appointed. The document they receive is what the title company will ask to see before the sale can close.
| Topic | Pennsylvania (Philadelphia) | New Jersey (Camden County) |
|---|---|---|
| Where you go | Register of Wills, City Hall, Room 180 | Camden County Surrogate's Court, 509 Lakeland Road, Blackwood |
| With a will, you receive | Letters testamentary | Letters testamentary |
| With no will, you receive | Letters of administration | Letters of administration |
| What you usually bring | Original will (if any), original death certificate, an estimate of the estate's value, photo ID | Original will (if any), original death certificate with raised seal, your ID, a list of next of kin, and (with no will) a list of assets and debts |
| Proof you show a buyer or title company | Short certificates, ordered after you're appointed | Short certificates from the Surrogate |
In New Jersey, a will can't be probated until 10 days after the date of death, and the Camden County Surrogate works by appointment, so call ahead.
When there's no will and there are several heirs, the family usually needs to agree on who will serve. In Philadelphia, the other heirs can either sign renunciations (a form giving up their right to serve) in favor of one person, or serve together as co-administrators. If the family can't agree, the Register of Wills may hold a hearing to choose the administrator or appoint an independent one.
Outside Philadelphia and Camden County, the process works the same basic way. In Pennsylvania, you'll go to your county's Register of Wills, and in New Jersey, to your county's Surrogate.
Good news for families who feel stuck: Being appointed is often the quickest part. The longer stretch is usually everything that comes after, like clearing out the house, paying debts, and filing taxes. Both Pennsylvania and New Jersey have an inheritance tax, and the title company may need proof it's been handled before closing, so bring in your attorney or accountant early.
Selling a Parent's House With Power of Attorney (If Your Parent Is Still Living)
Many families face this question before a parent passes, often when a move to assisted living or memory care is on the horizon. In that case, the sale usually happens through a power of attorney (POA). Three things to know:
It has to cover real estate. A power of attorney lets someone (called the "agent," not to be confused with your real estate agent) act on your parent's behalf, but only within the powers the document grants. The title company will review it closely.
Your parent must be able to understand it when they sign. If memory loss has progressed, it may be too late to sign one, and the family may need to ask a court for guardianship instead.
It ends at death. This is the one that surprises people most. The moment a parent passes, the power of attorney stops working, even if the house is already under contract. From that point on, only the executor or administrator can sign.
If you're helping a parent who is still living, talk with an elder law attorney sooner rather than later. Planning ahead can keep a sale from stalling at the worst possible moment.
What to Do With an Inherited House While You Wait
You can't sell until someone has legal authority, but you don't have to sit still while you wait for the court. These steps help no matter how the house was owned:
Find the deed and the will. If you can't find a will, check with your parent's attorney or the county probate office.
Protect the house. Change the locks, keep the heat on in colder months, and call the homeowners insurance company to ask about vacancy rules. Many policies limit coverage once a home has been empty for a set period, often 30 to 60 days.
Meet with an estate attorney to confirm who has authority and what your county requires.
Get a sense of the home's value. A local real estate agent can tell you what the house might sell for as-is versus fixed up, which helps the whole family plan next steps.
Don't feel rushed by cash offers. It's normal to hear from investors early. No one can accept an offer until someone has authority anyway, so take the time to compare any offer against the home's market value.
Frequently Asked Questions About Selling an Inherited House
Can I sell an inherited house before probate is finished?
In many cases, yes. Once the executor or administrator is appointed and has short certificates, they can usually list and sell the house while the rest of the estate is still being settled. Your estate attorney can confirm what applies to your situation.
Can one sibling sell the house without the others?
The court-appointed executor or administrator has the authority to sign, but they owe a duty to all of the heirs. If the house passed directly to several people as co-owners, everyone on the title generally needs to sign.
How long does it take to sell an inherited house in Philadelphia or South Jersey?
Getting appointed can move fairly quickly once your paperwork is in order. After that, the sale follows a timeline similar to any other home sale, though clearing out the house and making repairs can add time.
Do we have to pay taxes when we sell an inherited house?
Possibly. Pennsylvania and New Jersey inheritance taxes depend on who inherits, and capital gains rules for inherited property are different from a typical sale. A tax professional can walk you through your family's situation.
Want a step-by-step plan? Our free Inherited Home Kit includes a First 30 Days checklist and an "Is This Cash Offer Fair?" calculator. And if you'd like to talk through your family's situation, I'm happy to help, with no pressure. Email me at emily.woods@compass.com to set up a time to chat.
This article is general education, not legal or tax advice. Probate rules vary by state and county, so please confirm the details for your situation with an estate attorney.
Emily Woods