Step 1: Who has authority to sell?
- In New Jersey, wills are probated at the Surrogate’s Court in the county where the person lived (for example, the Ocean County Surrogate in Toms River, the Monmouth County Surrogate in Freehold, or the Middlesex County Surrogate in New Brunswick).
- A will can’t be probated until at least 10 days after death. The executor named in the will receives Letters Testamentary, which give authority to sell estate property.
- If there was no will, a family member typically applies to become administrator and receives Letters of Administration. Other heirs may need to sign renunciations, and a surety bond may be required.
Step 2: Taxes and waivers
- New Jersey’s estate tax was repealed for deaths on or after January 1, 2018, but the New Jersey inheritance tax still exists. Class A beneficiaries (such as a spouse, children, and grandchildren) are exempt, but other beneficiaries may owe it.
- Real estate typically can’t be transferred until the inheritance tax lien is released with a tax waiver from the NJ Division of Taxation (or an affidavit for Class A beneficiaries). Your estate attorney or title company handles this — we plan the closing around it.
Step 3: Deciding what to do with the house
- Keeping it means paying taxes, insurance, and utilities while it’s vacant — and many insurance policies limit coverage on vacant homes.
- Listing usually means cleaning out, repairing, and showing the home, often while heirs live in different places.
- Selling directly means one offer, no clean-out, no repairs, and a closing date that works for the estate. It isn’t always the highest price, so compare options; we’re happy to explain the numbers.
Frequently asked questions
Can I sell before probate is finished?
You generally need Letters Testamentary or Letters of Administration before you can sign a binding sale. We can talk and even agree on terms early, and close once you have authority.
Do we need to empty the house?
No. We buy with furniture and belongings inside. Take what matters to your family; leave the rest.
What if the heirs disagree?
All parties with authority must agree to sell. A clear written offer often helps families decide. For legal disputes, consult an estate attorney.
Where we buy
Cliffwood Beach · Old Bridge · Aberdeen · Lakewood · Toms River · Jackson · Howell · Brick · Freehold · Middletown · Keyport · Long Branch · Asbury Park · Neptune · Manchester
This page is general information about New Jersey processes, not legal or tax advice. Rules change and every situation is different — consult a New Jersey attorney, accountant, or HUD-approved housing counselor about your specific circumstances.