Who has the right to sell an inherited house in Washington, DC, how the Probate Division fits in, and your options once the estate is open.
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When someone dies owning real estate in DC, the DC Superior Court's Probate Division handles it as a large estate. The case starts by filing a petition for probate, the death certificate and the original will, if there is one, with the Register of Wills.
The person named in the will should petition to be appointed. With no will, the next of kin has priority. Once a judge signs the order, the court sends letters of administration, and a notice to creditors is published once a week for three weeks in two newspapers.
Under DC law, a decedent's property passes to the personal representative, who holds legal title to administer and distribute the estate.
Unless the will or a court order limits it, a personal representative may sell estate real estate at a public or private sale, for cash or on credit.
If an heir wants to live in the house, it can pass to them through the estate. DC's Heirs Property Assistance Program offers help with getting clear title after a family member dies, with legal help for those earning at or below 80% of the District's median family income.
Once the personal representative can sign, a cash sale can close in as little as 7 days, with no fees or commissions. The money goes to the estate for bills and then the heirs.
If the house is in good shape and the estate isn't in a hurry, listing often brings a higher price. We'll show the cash offer next to what listing could net, so the heirs can decide together.
Example: a $250,000 home
| Offer | $205,000 |
|---|---|
| Repairs | $0 |
| Commissions | $0 |
| Closing costs | $0 |
| You walk away with | $205,000 |
| In 7 to 14 days | |
| Sale price | $250,000 |
|---|---|
| Repairs | about $8,000 |
| Commissions | about $13,800 |
| Closing and holding | about $6,000 |
| You walk away with | about $222,200 |
| In 60 to 90 days | |
Example only. Your numbers depend on your home and market.
This page explains the general rules. It isn't legal advice. Your documents and situation may differ, so talk to a probate attorney or the court's Probate Self-Help Center about your specific case.
The court-appointed personal representative. DC law puts legal title to the decedent's property in their hands for administration, and lets them sell real estate unless the will or a court order limits that power.
The DC Courts' estates page points estates that include real estate in DC to the large estate process. Small estates are for people who owned $40,000 or less in property.
The court says you don't need one, but a lawyer can help, especially with a large estate or a family dispute. Court staff can't give legal advice. The Probate Self-Help Center, (202) 508-1681, helps with forms and the process.
We are real estate investors based in Baltimore, helping homeowners since 2016. We buy houses directly for cash. We are not a licensed real estate brokerage and do not list homes ourselves; if listing could get you more, we show you the math so you can choose.
Know your numbers before you decide.
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