New Jersey estate facts · Selling the house

Does an inherited New Jersey house need a tax waiver before it can be sold?

The short answer

Usually, yes. New Jersey real estate generally needs an inheritance tax waiver from the Division of Taxation before it can be transferred.

The details

Tax waivers are generally required to transfer New Jersey real property out of a decedent's name. Only the Inheritance Tax Branch of the NJ Division of Taxation issues them.

When every beneficiary is Class A, a short affidavit can often be used for the real estate waiver instead of a full return. If any beneficiary is Class C or D, a full inheritance tax return is filed first.

A common exception: when a house was owned by a married couple as tenants by the entirety, it passes to the surviving spouse and a waiver isn't needed.

For families settling an estate. The waiver is one of the steps that has to be in place before closing. It's routine, but it takes time, so it's worth starting early.

Reviewed November 2026General information, not legal or tax advice. Rules can change, and every estate is different. We can connect you with an experienced estate attorney we trust.

Read our full New Jersey probate guide →

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