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Documents Required for Selling Inherited Property in Pennsylvania

Tyler Swenson|

The documents required for selling inherited property can feel overwhelming when you're already dealing with grief.

Death certificate. Letters testamentary. Affidavit of heirship. Tax clearance certificates.

It's a lot.

And if you get it wrong, the sale falls apart.

I'm Tyler Swenson, founder of ClearEdge Home Buyers.

Since 2016, I've helped dozens of families across Eastern Pennsylvania sell inherited properties.

I've seen deals delayed for months because of missing paperwork.

I've also seen families close in two weeks because they had everything lined up.

The difference? Knowing exactly what documents you need upfront.

Let me walk you through the complete checklist.

The Two Paths: Probate vs. Non-Probate

Before we dive into documents, you need to know which situation you're in.

Path 1: The property went through probate (or is currently in probate) — This is most common. If the house was solely in the deceased's name, probate is required.

Path 2: The property bypassed probate — This happens if the property was in a living trust, had a Transfer on Death deed, or was jointly owned with right of survivorship.

Your document requirements depend on which path you're on.

I'll cover both.

Documents Required for Selling Inherited Property (Probate Path)

If you're going through probate — or already went through it — here's what you'll need to sell.

1. Death Certificate

What it is: Official document proving the property owner passed away.

Where to get it: Pennsylvania Department of Health, local register of wills, or the funeral home.

How many you need: Get at least 5-6 certified copies. Banks, title companies, and buyers all want originals.

Cost: About $20 per certified copy in Pennsylvania.

Pro tip: Order more than you think you need. Running out mid-transaction is a headache.

2. Letters Testamentary (or Letters of Administration)

What it is: Court document proving you have legal authority to act on behalf of the estate.

Letters Testamentary = There was a will, and you're the named executor.

Letters of Administration = No will existed, and the court appointed you as administrator.

Where to get it: The Register of Wills in the county where the deceased lived.

Why it matters: Without this, you cannot legally sell the property. Period.

3. The Will (If One Exists)

What it is: The deceased's legal document stating how assets should be distributed.

Where to get it: The original should be filed with the Register of Wills during probate.

Why it matters: The will may specify how real estate should be handled. Some wills give executors full authority to sell. Others require court approval.

4. Proof of Your Identity

What you need: Government-issued photo ID (driver's license or passport), Social Security number

Why it matters: Title companies verify your identity before transferring property.

5. Property Deed

What it is: Legal document showing current ownership of the property.

Where to get it: County Recorder of Deeds office, or from the deceased's files.

Why it matters: This confirms the property was owned by the deceased and shows how it was titled.

6. Title Search / Title Report

What it is: A search of public records to verify ownership and uncover any liens, mortgages, or claims against the property.

Who orders it: Usually the title company or closing attorney handles this.

Why it matters: Clears the path for clean title transfer to the buyer.

7. PA Inheritance Tax Clearance (REV-1500)

What it is: Certificate from Pennsylvania Department of Revenue showing inheritance taxes have been paid or are accounted for.

Where to get it: File Form REV-1500 with PA Department of Revenue.

Why it matters: In Pennsylvania, inheritance tax is due within 9 months of death. Title companies want proof this is handled before closing.

Tax rates in PA: 0% for surviving spouses, 4.5% for direct descendants (children, grandchildren), 12% for siblings, 15% for others

8. Real Estate Tax Certification

What it is: Proof that property taxes are current.

Where to get it: County tax assessment office.

Why it matters: Outstanding property taxes create liens. These must be cleared at closing.

9. Mortgage Payoff Statement (If Applicable)

What it is: Statement from the lender showing exact amount needed to pay off any remaining mortgage.

Where to get it: Contact the mortgage servicer directly.

Why it matters: The mortgage gets paid from sale proceeds at closing.

10. Court Order Authorizing Sale (Sometimes Required)

What it is: Formal court approval to sell the real estate.

When you need it: If the will doesn't give the executor independent authority to sell, or if heirs dispute the sale.

Where to get it: File a petition with the Orphans' Court in the county where probate is happening.

Documents Required for Selling Inherited Property (Non-Probate Path)

If the property bypassed probate, your document list is shorter.

If Property Was in a Living Trust: Death certificate (certified copy), The trust document (shows you as successor trustee), Trustee certification (affidavit confirming your authority), Property deed (showing trust ownership), Your ID

If Property Had a Transfer on Death (TOD) Deed: Death certificate (certified copy), The original TOD deed (recorded with the county), Affidavit of survivorship (confirms you're the named beneficiary), Your ID

If Property Was Jointly Owned (Right of Survivorship): Death certificate (certified copy), The original deed (showing joint tenancy with right of survivorship), Affidavit of survivorship (to remove deceased from title), Your ID

In all these cases, no court involvement is needed. You update the title, then sell.

Documents the Buyer Will Want

Beyond proving your authority to sell, buyers (or their lenders) typically request:

Property survey — Shows exact boundaries and any encroachments

Home inspection report — Buyer usually orders this

Seller's disclosure — PA requires sellers to disclose known defects

HOA documents — If applicable, includes rules and financials

Utility information — Account numbers for transfer

Cash buyers like us don't require most of this. We buy as-is. No inspection contingencies. No lengthy disclosure negotiations. Just the documents proving you can legally sell.

How to Get Documents When You're Out of State

Selling an inherited property from across the country? This is more common than you'd think.

Here's how to handle the paperwork remotely:

1. Hire a Pennsylvania Probate Attorney — Even if you're in Texas or California, you need a PA attorney for probate. They can file documents, attend court hearings, and handle local requirements.

2. Use a Title Company That Handles Remote Closings — Many title companies offer mobile notary services (they come to you), remote online notarization (RON), and mail-away closings.

3. Grant Power of Attorney — You can give a trusted person in Pennsylvania power of attorney to sign documents on your behalf. This is common when multiple heirs are spread across the country.

4. Work With a Cash Buyer (Easiest Option) — We regularly buy inherited properties from out-of-state sellers. We coordinate with local attorneys and title companies. You sign remotely. We handle everything else.

Common Document Mistakes That Delay Sales

I've seen these kill deals or add months to the timeline:

Mistake #1: Not getting enough death certificates — Order 5-6 minimum. Every institution wants their own certified copy.

Mistake #2: Waiting to file for Letters Testamentary — Start the probate process immediately. This is the bottleneck.

Mistake #3: Not checking the title early — Hidden liens, old mortgages, or judgment creditors can surprise you at closing. Run a title search upfront.

Mistake #4: Missing the inheritance tax deadline — PA inheritance tax is due within 9 months. Miss it and you pay penalties plus interest.

Mistake #5: Assuming all heirs agree — Get written agreement from all heirs before listing. One holdout can derail everything.

Mistake #6: Losing the original will — If you can't find the original will, probate gets complicated. Search safe deposit boxes, attorney offices, and home safes.

Timeline: How Long Does It Take to Get These Documents?

Here's a realistic timeline for Pennsylvania:

• Death certificate: 1-2 weeks

• Letters Testamentary: 3-6 weeks (after filing)

• Title search: 1-2 weeks

• Inheritance tax clearance: 2-4 weeks

• Mortgage payoff statement: 1-2 weeks

• Court order (if needed): 4-8 weeks

Total time before you can sell (probate path): 2-4 months minimum

Total time before you can sell (non-probate path): 2-4 weeks

This is why proper estate planning matters. Trusts and TOD deeds save your heirs months of waiting.

What If You're Missing Documents?

Don't panic.

Missing the will? The estate goes through "intestate" probate. Property passes according to PA law (spouse first, then children, then other relatives).

Missing the deed? The county Recorder of Deeds has copies of all recorded deeds. You can request a certified copy.

Missing death certificate? Order new copies from PA Department of Health or the local Register of Wills.

Missing Letters Testamentary? If probate was completed years ago, contact the Register of Wills in the county where it was filed. They keep records.

Can't find mortgage information? Check the deceased's mail, email, and bank statements. The servicer's name will appear somewhere.

Selling Inherited Property to a Cash Buyer: What Documents We Need

At ClearEdge Home Buyers, we've simplified this process.

When you sell to us, here's what we need:

From you: Death certificate (certified copy), Letters Testamentary or Letters of Administration, Your photo ID, Signed purchase agreement

We handle: Title search, Title insurance, Closing coordination, All paperwork

That's it. No bank appraisals. No buyer financing documents. No inspection reports.

We close as soon as probate allows — often within 2 weeks of receiving Letters Testamentary.

The Bottom Line

The documents required for selling inherited property depend on your situation.

Probate path: Death certificate, Letters Testamentary, the will, deed, title search, tax clearances, and possibly court approval.

Non-probate path: Death certificate, trust document or TOD deed, affidavit of survivorship, and your ID.

Either way, start gathering documents immediately.

The sooner you have everything, the faster you can sell and move on.

If you're dealing with an inherited property in Eastern Pennsylvania and want to skip the hassle of repairs, showings, and buyer financing...

We can help.

Get a free, no-obligation cash offer at ClearEdge Home Buyers or learn more about our simple 3-step process.

We've helped dozens of families navigate this exact situation.

When you need to know the documents required for selling inherited property, now you have the complete checklist.

Related Reading

Not sure if you need probate? Read Can You Sell Without Probate in PA?.

Frequently Asked Questions

Can I sell inherited property before probate is complete?

Yes, once you have Letters Testamentary and authority to sell. You don't have to wait for probate to fully close.

What if multiple heirs inherited the property?

All heirs typically need to sign the deed or consent to the sale. One alternative: the executor can sell on behalf of the estate if the will grants that authority.

Do I need a lawyer to sell inherited property?

For probate, yes — get a probate attorney. For the actual sale to a cash buyer, a lawyer isn't required but can review documents if you want.

What if there are liens on the property?

Liens get paid from sale proceeds at closing. If liens exceed the property value, you'll need to negotiate with creditors or consider a short sale.

How do I prove I'm the rightful heir?

Letters Testamentary (if there's a will) or Letters of Administration (if no will) plus the death certificate prove your authority.

What's an affidavit of heirship?

A sworn document identifying the deceased's heirs. Used when there's no will to establish who inherits.

Do I need to pay inheritance tax before selling?

You can sell before paying, but the title company will want assurance taxes will be paid from proceeds — or a tax clearance certificate.

What if the property is in a trust but I can't find the trust document?

Contact the attorney who created the trust. They should have copies. Also check safe deposit boxes and the deceased's important papers.

Related Pages

About the Author

Tyler Swenson is the founder of ClearEdge Home Buyers, a cash home buying company serving Eastern Pennsylvania. He has helped hundreds of homeowners sell their properties quickly for cash, with no repairs, fees, or commissions.

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