Selling an Inherited or Probate Property

Probate basics in Minnesota and Wisconsin

When a homeowner passes away, ownership of the house often passes through a legal process called probate. Minnesota probate is governed by the Uniform Probate Code in chapter 524 of the statutes, and the Minnesota courts publish guides for families. Wisconsin probate follows chapters 851 through 882 of the statutes, with the Wisconsin courts' Self-Help Law Center offering plain-language materials.

Not every estate needs full probate. Small estates in Wisconsin may qualify for a Transfer by Affidavit, and Minnesota has simplified procedures for some estates. An attorney can tell you what applies to the estate you are dealing with.

Who can decide to sell

Only the person the court appoints as executor or personal representative generally has authority to sell estate property. If heirs sell a house before the estate is settled, the buyer may not receive clear title, which can unravel the sale later.

If you are unsure whether a sale is allowed or who has the authority to sign, ask an attorney before accepting any offer.

Options for the inherited house

• Keep the house and move into it or rent it out.
• Sell it with a real estate agent after the estate is settled.
• Sell it as-is to an investor such as MPJ Home Solutions, which can avoid spending estate funds on repairs and can often close on the estate's timeline.
• Take more time while you decide what is best for everyone involved.

Tax and title considerations

Inherited property usually receives a stepped-up basis, which can affect capital gains if the house is sold, and property taxes may change when ownership transfers. The estate may also need to clear liens, mortgages, or unpaid taxes before a sale can close.

An accountant or tax professional and a real estate attorney can help you understand the numbers before you commit.

Where to turn for help

The resources below are maintained by government agencies and nonprofit organizations. MPJ Home Solutions does not provide licensed counseling, and nothing on this page is an offer to purchase your property.