Still in a parent's name

The house is still in a parent's or grandparent's name? That can be fixed.

It's more common than you'd think. A parent passed years ago, nobody opened an estate, and the house just stayed in their name. Sometimes it's a grandparent's name, two generations back. The house can still be sold. It just has to be untangled first.

What has to happen

Opening the estate, even years later.

In New Jersey, a house in a deceased person's name can't be sold until someone is appointed through the county Surrogate's Court to act for the estate: an executor if there's a will, or an administrator if there isn't. That can be done years after the death.

When the house passed through more than one generation without an estate being opened, more than one estate may need to be handled, and more heirs may be involved. The title company will also look for unpaid taxes, old mortgages, liens and judgments, and an inheritance tax waiver is usually needed before the sale.

None of this is unusual for us. We guide the family through it, connect you with an experienced estate attorney we trust, and coordinate the title work, and when you sell to us, we can cover the probate costs.

Liens & judgments →  ·  Back taxes →  ·  Inheritance tax waiver →

How we help

Private, patient and organized.

One person, start to finish

You deal with one person at Gembrook from the first call to closing, and we explain each step in plain language.

The right estate attorney

We connect your family with an experienced New Jersey estate attorney we trust, who represents the estate, and we coordinate the rest.

Costs covered

When your family sells the property to us, we can cover the probate costs, including the attorney's fees, as part of our purchase.

Each heir, privately

We speak with each heir on their own, so no one has to negotiate as a group.

Common questions

Can I sell a house that's still in my late parent's name?

Yes, but not until someone is appointed through the county Surrogate's Court to act for the estate. That can happen even years after the death. We guide families through it and connect you with an experienced estate attorney we trust.

What if the house is in my grandparent's name?

Then more than one estate may need to be dealt with, and there may be more heirs. It takes more steps, but it's a situation we see regularly.

Is there a deadline to open an estate in New Jersey?

There isn't a short deadline to open an estate to sell a house, but waiting can let taxes, liens and repairs pile up. It's usually better to start sooner.

Who pays for all of this?

When your family sells the property to us, we can cover the probate costs, including the attorney's fees, as part of our purchase.

General information only, not legal or tax advice. Every estate is different. We can guide you and connect you with an experienced New Jersey estate attorney we trust.

Keep reading

Related answers.

Probate costs covered →  ·  NJ probate guide →  ·  Estate glossary →

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