1555 Palm Beach Lakes Blvd Suite 1410

West Palm Beach, FL 33401

24/7 Customer Support

Can I Sell My Inheritance? Capital Gains Tax, Federal Estate Tax, and the Probate Process

Can I Sell My Inheritance

Share Our Blog With Someone It Might Help!

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn

It’s not uncommon for people to inherit property from their parents, grandparents, or other relatives. What should you do with my inheritance? Should you sell it? Can you sell your inheritance if you are in probate? What are the tax consequences associated with selling your inheritance? This article will answer these questions as well as what happens when you sell a house that was inherited. You’ll need to know about capital gains, estate taxes, and how the probate process works.

Jump To Section

General Tips for Selling an Inherited Property

41 01 Scaled

Inheriting probate real estate property can be a tough thing to deal with. There are often emotional attachments, and it is hard for one person to know what the deceased wanted at this point in time. However, there may come a time when you need to sell inherited property – what do you do?

The following tips might help:

  • If your inherited property is worth more than any existing mortgage, it may be best to sell.
  • If you inherited a house that needs major repairs, it might be worth waiting to sell until these issues are fixed or recieving and inheritance advance to make the fixes. If you inherited a house that is in need of some repairs, it’s worth considering the property’s tax basis with this home, as you will be responsible for that until making the repairs and selling.
  • If your inherited property is worth less than what you owe, and there are no other inheritors or creditors who would need the funds from a sale, it might also be best to sell.
  • For inherited real estate that needs repairs, consider waiting until those issues have been resolved before selling.
  • If the inherited property is worth what you owe, or if there are other inheritors who would benefit from a sale of this real estate, it might be best to sell what’s been given to you and invest in something else that will provide more value for your needs.

Don't Wait for Probate

Difference between Selling Inheritance and getting a loan on inheritance?

When you sell your inheritance, you are essentially getting an advance on the future receivables of the estate. It’s hard to sell real estate while you are in probate because it technically does not belong to you and your name is not on the title until the final distribution. Another option associated with selling inheritance is an inheritance loan which is different from a cash advance.

Importance of understanding what happens when you sell your inheritance

Whenever you sell your inheritance, you’ll need to be able to cover all of the costs associated with selling a home, such as the listing fee, repairs, real estate agent fees, closing costs, etc.

There will also be some tax liabilities that you need to be prepared to pay, like the capital gains made between the fair market value of the home when you initially inherited it and the price at the time of selling.

How much can you expect to get when you sell your inheritance

Usually, you can sell 30% of your inheritance. However, you will give up anywhere between 20% and 40% in exchange for receiving your money immediately, as opposed to waiting for probate to finish.

What companies will buy your inheritance?

There are many inheritance funding companies in the United States that will buy your inheritance, but Inheritance Adavanced is an industry leader.

The Process of Selling Inherited Property

The process of selling a house or land that has been inherited is slightly different from what a person may be used to when buying and selling their own properties.

Firstly, there are two types of people who inherit the property- those in line for inheritance and those out of line for inheritance. The rules can vary depending on what type you are or what state your family home resides in.

The person who inherits the property will be able to sell it, but with restrictions. They may have a time limit on what they can do in order to make things easier and less complicated for them (depending on what state you live in).

For example, if there is a one-year window that needs to pass before any type of sale happens, this needs to be taken into consideration. For specifics, you should consult your state laws if you want to sell, as well as with some local real estate agents.

When You’re Not In Line for the Inheritance

The person who is not in line for inheritance can also sell the property but may need what’s called a “gift letter” from someone else who does inherit so they are able to access and sell it without any problems or delays. There will likely have restrictions as well on what they can or cannot do with the property.

The person who is in line for what’s called an “inheritance tax exclusion” will not have as many restrictions on what they are allowed to sell- there may be others that go along with this type of inheritance, so make sure you consult a lawyer before closing any deals!

The most important thing to note is what type of inheritance you are dealing with. The rules vary and the process will differ depending on what property it is, how long ago they passed away, what state your family home resides in (and sometimes can even vary from county to county), and what type of person inherits it- those who are in line for what’s called an “inheritance tax exclusion” and those who are not.

Fair Market Value For Real Estate

Before selling any probate real estate, it is essential to find out what the fair market value is for the house and/or land. This is what the property is worth on a typical day. Not what it was originally bought for, not what it’s been appraised at in recent years, and not what you think its’ value should be. A good way to find out what value it would be through an appraisal or by getting a professional opinion from someone who has experience with the market in your area.

Capital Gains Tax

At first glance, it may seem as if there are no restrictions on what you can do with any assets that were passed down to you after they have been legally transferred into your name… however, it’s actually not common to get an inheritance that is completely tax-free! The state in which the person died – whether it’s California or Alabama – has jurisdiction over what taxes the inheritor must pay when you sell inherited assets.

Capital gains tax is a type of tax that’s applied to the gain or profit made on an asset, such as what happens when you sell an inherited home. When we talk about these gains, what matters are two things:

– What was the purchase price?

– What is the sale price?

Records can be accessed if necessary to answer the first question, but obtaining a fair market value is needed before selling. When it comes to gains taxes for real estate in California, for example, if any part of this process occurs within four years after death – then there will be no state income tax (or other related transaction) resulting from those assets being sold or otherwise disposed of! If more than six months have passed since the date of death and up until now… then whatever amount over $250k has been gifted from the deceased is what will be subject to taxation.

So, for example…

– Purchase price of the house: $250k

– Sale price of the house: $500k

There would not be any state income taxes on a gain if this sale were to happen in California during those first four years after death!

A gains tax applies only when you sell your inheritance and it’s generally calculated as 20%. This means that there are certain deductions that can reduce what percentage you owe or increase what percentage you’re able to receive back depending on what kind of asset was originally inherited from the person who died – such as stocks, bonds, mutual funds, and so forth. There may also be some investment losses that could be deducted from what you owe. But, you should seek the advice of a certified financial planner for your specific situation.

Some estate taxes will also be applied if the inherited property is worth what’s known as an “applicable exclusion amount” or $11.18 million in 2019. The Federal Estate Tax rate for estates valued at more than this limit (in 2019) would be 37%. If your inheritance was a house, then it could have been subject to other taxes which may need to be paid before being sold – such as realty transfer tax, state income taxes on what went into that individual’s estate after they died, and potentially property taxes.

A probate process can take weeks or even months depending upon how much of an estate there is involved… so selling any inherited property within those first few years might not always be possible since court proceedings may be what’s necessary to finalize the process and transfer ownership of that property. However, being aware of the value of proper tax planning in advance is vitally important to making the decision to sell or not.

Federal Estate Tax

Federal Estate Tax is what you may owe the IRS, if any. In 2016, assets valued at $625 thousand or more will incur a 40% tax rate. Above that amount, there are progressively higher rates up to 77%. Your estate’s gross value is what determines what bracket of Federal Estate Tax it falls into and what percentage rate your heirs would pay on those assets when they inherit them. The state also has its own inheritance taxes which vary by jurisdiction between 0-16%, so make sure to include this in your calculations as well!

The first step in calculating what federal estate tax an heir might be liable for is determining your taxable income from all sources: salaries (including capital gains), interest earned, dividends received, IRA distributions and what we earn on what assets. The next step is to apply what percentage it falls into. Then, you subtract your exemptions and deductions from this number. Next, multiply the answer by what rate of estate tax that bracket falls under (40% or 77%).

For example, a person has a taxable income of $200 thousand and only uses their exemption ($11 thousand) for an effective taxable income of $189 thousand. The estate falls into the 40% bracket which means they have a federal tax liability of $57,600 (or an effective rate of 29%).

In this scenario: what’s left after exemptions and deductions is calculated becomes taxable income subject to Federal Estate Tax rates. Now you can calculate what percentage that will fall into. In the example, what’s left after exemptions and deductions is $189 thousand which falls into the 40% bracket for a federal tax liability of $57,600.

When You Need an Estate Tax Lawyer

If your heirs are looking to sell their inherited property due in part or whole to what they owe on Federal Estate Tax, then it would be wise to consult an estate tax lawyer to help them navigate what they owe and what steps need to be taken.

It’s important for heirs to understand that if you sell an inherited property, the proceeds will only cover what is owed on federal estate tax; not what state inheritance taxes are due as well. That means it would be wise for heirs who owe any amount of Federal Estate Tax to consult an estate tax lawyer before selling what they inherit.

Strict Guidelines of Probate

The probate process for a deceased individual will differ depending on what kind of property the person owned and whether they completed any estate planning. The executor and beneficiaries, who are named in the final will, or by law if there is no will, need to follow strict guidelines about what they can do with real estate that is not monetized.

Examples Of Selling An Inherited House

If an inherited house is free and clear of any debts, the process is fairly straightforward.

If an inherited property has debt attached such as a mortgage, the executor will have to sell in order to pay off what’s owed on the property.

If a house is subject to a life estate–meaning it has been set aside for someone else–the process can be more complicated and may require court intervention. For example, if there was a provision in the deceased’s will that named his daughter as the beneficiary and she has since died, her children would have to be involved in what’s next.

If an inherited house is subject to some kind of restriction or condition such as a trust, it may need to go through probate court before being sold. For example, if the house was set up under an irrevocable trust and is not free to sell because it’s subject to a gift restriction that can’t be waived by beneficiaries.

If there are more than two people involved in what’s next–for instance three siblings as equal heirs or five cousins as joint tenants–it may also be necessary to go through probate. If what’s next is not clear, it may involve court intervention in order to figure out what should happen with the property or money that was left behind.

You can sell your inheritance

One of the most common reasons people sell their inherited property is to cash in on a windfall. Not only will you have to pay taxes at your marginal rate, but you’ll also have to pay capital gains taxes as well. In some cases, if the sale price exceeds $250,000 or there is more than one individual involved with an estate plan that isn’t clear (such as multiple children), then federal estate tax may also be charged.

If this applies to you and/or your family members who are part of the inheritance process, it’s worth considering another option for accessing funds from money left by a loved one. Why not consider applying for an inheritance advance?

The process of getting your inheritance is long, but you can speed up the time it takes to get some money in hand. Apply for an advance on your inheritance and receive the funds without waiting a few months during probate proceedings. This will help out tremendously if you are trying to pay funeral costs or debts right now because it doesn’t have any repayment due date like other loans might require from their borrowers.

The amount received as an advance belongs solely to yourself; there’s no need to return anything once all processes conclude when applying for this type of loan-alternative option!

This article isn’t legal advice, but our expert team at Inheritance Advance can assist you in this process. We offer a free evaluation to anyone who would like more information before making any decisions.

Select Your State For More Probate Information

Play Video

If you are an Heir or Executor to an Estate, You Don’t Have To Wait For Probate!

Legal Disclaimer: Please note that Inheritance Advanced is not a lender. Inheritance advance does not provide probate loans, inheritance loans, or estate loans, rather, an advance on a portion of proceeds signed over to Inheritance Advanced. Inheritance Advanced is also not a probate attorney and any information in this article should not be misconstrued as legal advice. We recommend that you seek the advice of an attorney, CPA, and tax attorney regarding any decisions pertaining to your probate.

Recent Posts

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs
Play Video

If you are an Heir or Executor to an Estate, You Don’t Have To Wait For Probate!

Inheritance advanced Logo
comodoCreated with Sketch.
employee_ownedCreated with Sketch.
bbbCreated with Sketch.
customer_satisfactionCreated with Sketch.

Inheritance Advanced is an inheritance funding company, not a lender. We offer Inheritance Cash Advances which are a new and innovative option for heirs to receive the immediate cash they need during challenging times. This program allows an heir the benefit of receiving immediate money, in exchange for their future inheritance.

Inheritance advances are a way for heirs to receive immediate funds without providing credit or employment verification and they don’t require collateral. You also will not be responsible for high monthly interest payments like probate loans or inheritance loans.

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs