Published February 5, 2026 | 12 min read
Inheriting a home is one of the most emotionally complex real estate situations a family can face. This guide covers the full picture: what happens legally, what your options are, what the timeline looks like, how taxes work, and how to get the best outcome for your family.
If there is a valid will, the executor must petition the Bergen County Surrogate's Court for Letters Testamentary. If there is no will, the court appoints an administrator who receives Letters of Administration. If the home was in a living trust or held jointly, probate may not be required.
If property was left to multiple heirs jointly, all must agree to sell. If an heir wants to sell but others disagree, a partition action can be filed in NJ Superior Court.
Stepped-Up Basis: Your cost basis is stepped up to fair market value at date of death, not original purchase price. NJ Inheritance Tax: Direct heirs (children, grandchildren, spouses) are fully exempt. NJ Non-Resident Withholding: Out-of-state heirs may have proceeds withheld at closing.
Letters Testamentary: 2-6 weeks. Property preparation: 2-6 weeks. Listing to accepted offer: 38 days average. Offer to closing: 45-60 days. Total: 3-6 months typically.
"Heather was a huge help to our family in selling an inherited property. We needed someone who knew Bergen County, property values, NJ real estate laws, and could help with navigating legal issues with properties. Heather and her team were amazing!" — Kimberly McGuire, Inherited Property Sale, Fair Lawn, NJ
Author: Heather Corrigan, SRES
Life-Transition Real Estate Specialist and Seniors Real Estate Specialist with RE/MAX Signature Homes in Closter, NJ.
450+ five-star reviews. 500+ families helped. 3x Bergen County Real Producers Cover Feature.
Contact: (917) 440-3767 | heather.gocard@gmail.com
Office: RE/MAX Signature Homes, 189 Homans Ave, Closter, NJ 07624