If my dad passed away, how do we go about selling his house?

UPDATED: Oct 2, 2014

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If my dad passed away, how do we go about selling his house?

My dad passed away 4 years ago. His Will was probated already and per my brother the estate was closed. His house was not in ormentioned on the Will or transferred to the estate. It’s still in his name. Since it is my sister and brother and I the house will be split equally. We now want to sell it. What do we have to do to transfer the house to the new owners when we sell it? Do I just need to file an estate claim to release the house?

Asked on October 2, 2014 under Estate Planning, New Jersey


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Even if the asset was not mentioned in the Will it was still part of his estate and should have been listed on the Probate Petition.  It would just have been been divided via the intestacy statute in New Jersey. You are going to have to reopen the estate. Then depending on how you want to handle things you can either find a buyer and the the executor transfer the house to the new buyer or to you three.  There will be additional fees and you may have to refile an estate tax return.  This is a big deal.  Please get help.  Good luck.

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