How to sell inherited land
Property acquired through an inheritance with probate clearance required. Heirs must navigate title transfer, stepped-up basis tax implications, and often have no immediate income from vacant land while holding costs accrue. Typical sellers lack familiarity with real estate markets and may have emotional attachments affecting pricing.
What to expect
- Typical timeline
- Often several months to a year or more, depending on state probate rules and how long marketing takes
- Typical costs
- 5-10% real estate commission, 1-3% closing costs, probate attorney fees and appraisal costs vary by state and property, and insurance on vacant buildings can cost more than on occupied ones
Key risks
- Probate delays
- Family disagreements on whether to sell
- Stepped-up basis miscalculation
- Carrying costs during probate
- Title clouding from multiple heirs
- Property deterioration while vacant
How each state handles inherited land
50 states shown. Sources: state statutes and court self-help pages, checked October 2026. General information, not legal or tax advice. Confirm current rules with your county, an attorney, or a CPA before you act.
| State | Redemption period | Probate | Summary |
|---|---|---|---|
| Alabama | N/A | The Revised Alabama Small Estates Act (Act 2025-431, effective October 1, 2025) caps a small estate at an inflation-adjusted amount. | The Revised Alabama Small Estates Act covers only the personal property of a decedent who owned no real property at death. If the decedent owned land, the estate does not qualify, so ask a probate attorney how the land would transfer. |
| Alaska | N/A | Affidavit route covers only vehicles up to $100,000 total value plus other personal property up to $50,000, less liens. | Land cannot be transferred by small-estate affidavit and passes through probate unless the owner signed a transfer on death deed (AS 13.48). AS 13.16.690 lets a personal representative close a very small estate summarily, but that is still a probate proceeding. |
| Arizona | N/A | Personal property: up to $200,000 (30 days after death). | Heirs can use an affidavit of succession under A.R.S. 14-3971(E). Real property less liens must not exceed $300,000, and six months must have passed since death. Debts and funeral expenses must be paid. The signers must be the sole intestate heirs or devisees. The affidavit is filed with the superior court and a certified copy is recorded with the county recorder. |
| Arkansas | N/A | Distributee affidavit if the estate is $100,000 or less (less encumbrances, excluding homestead and spousal/minor-child allowances), 45 days after death, no administration pending. | If the estate contains real property, the distributee must publish notice within 30 days after filing the affidavit. The notice lets claims be made (3-month claims period). |
| California | N/A | Personal property affidavit (Prob. Code 13100): $208,850 gross value for deaths on or after April 1, 2025, 40 days after death. | Land can pass without full probate only through the DE-305 Affidavit re Real Property of Small Value. Requirements: real property up to $69,625 (death on or after 4/1/2025), 6 months wait, with a probate referee appraisal attached. The 13100 affidavit cannot transfer real property. Larger estates with land need a petition or full probate. |
| Colorado | N/A | The affidavit limit is twice the exempt-property amount (C.R.S. 15-11-403), adjusted yearly. | The affidavit collects personal property only and cannot transfer real estate. Land passes through probate or another court process. |
| Connecticut | N/A | Affidavit in Probate Court only if the decedent had no solely owned Connecticut real property and $40,000 or less in solely owned personal property. | The small-estate affidavit is unavailable if the decedent solely owned real property in Connecticut. Land passing from a decedent's sole name goes through regular probate (court decree). |
| Delaware | N/A | Affidavit through the Register of Wills if the personal estate is $50,000 or less, 30 days after death, with known debts paid. | The affidavit is unavailable if the decedent owned real estate in Delaware, solely or as tenants in common. Land requires probate unless it was held jointly with survivorship or passes by a transfer on death deed. Delaware allows those deeds for owners dying on or after December 4, 2025 (25 Del. C. ch. 2). |
| Florida | N/A | Summary administration is available if the estate subject to administration, less property exempt from creditors' claims, does not exceed $150,000. | Summary administration is a short court probate proceeding, not an affidavit. Florida homestead has separate rules. Confirm with a Florida probate attorney before conveying land. |
| Georgia | N/A | Georgia has no small-estate affidavit for land. | The Petition for Order Declaring No Administration Necessary (GPCSF 9) lets heirs of an intestate decedent obtain a court order. The order vests title to real property in the agreed heirs and is then recorded with the superior court clerk. It requires intestacy and unanimous heir consent. |
| Hawaii | N/A | Affidavit collection of personal property: gross estate in Hawaii not over $100,000 (motor vehicles transferable regardless of value), with no personal representative petition pending. | The affidavit covers personal property only. If the decedent's Hawaii property totals $100,000 or less, land included, the court can let its clerk administer the estate (560:3-1205). Land passes outside probate if the owner signed a transfer on death deed (HRS ch. 527). |
| Idaho | N/A | Affidavit for personal property: estate value (less liens) not over $100,000, 30 days after death, no PR application pending. | The affidavit statute covers personal property and debts only. Idaho Code 15-3-1203 lets a personal representative close a small estate through summary procedure without creditor notice. The estate must be no greater than allowances, costs, funeral and medical expenses. |
| Illinois | N/A | Small estate affidavit: personal estate (excluding registered vehicles) not over $150,000, no letters outstanding or petition contemplated. | Statute covers personal estate only. Real estate passes by probate. It also passes by a recorded transfer on death instrument if the owner signed one. Such an instrument falls under the Real Property Transfer on Death Instrument Act (755 ILCS 27). |
| Indiana | N/A | Gross probate estate (less liens, encumbrances, funeral expenses) not over $100,000 for deaths after June 30, 2022. | Affidavit under 29-1-8-1 is personal property only. For real property, an appointed fiduciary of an unsupervised estate can distribute under 29-1-8-3 without creditor notice. This applies when the gross probate estate does not exceed $100,000 plus administration costs and funeral expenses. In that case, the fiduciary can also record an affidavit/statement naming the persons entitled. |
| Iowa | N/A | Small estate administration for gross probate assets up to $200,000, by petition and letters of appointment. | Applies to all probate assets including land, through a simplified court administration, not an affidavit. Iowa Code 635.1 sets the $200,000 limit. |
| Kansas | N/A | Affidavit transfer of personal property when probate assets do not exceed $75,000. | The affidavit covers personal property only. For land, heirs need a court order, from probate administration or, if no will was filed within six months, a determination of descent. |
| Kentucky | N/A | $30,000 exemption for personal property or money on hand or in a bank (KRS 391.030). | The exemption covers personal property and money only. Transferring land to heirs needs probate or another title process. |
| Louisiana | N/A | Small succession: gross value of $200,000 or less for a Louisiana domiciliary (ancillary succession of non-domiciliary: $125,000). | For an intestate decedent, at least two persons, including heirs and any surviving spouse, may sign a small succession affidavit with no judicial opening. A Louisiana resident who left a will qualifies only if they left no immovable property in Louisiana and the spouse, legatees and heirs waive probate. An out-of-state owner qualifies if they died without a will or their will was probated in another state. The affidavit describes the immovable property and its value (C.C.P. arts. 3431-3433). |
| Maine | N/A | $40,000 net of liens and encumbrances, adjusted for inflation under 18-C M.R.S. 1-108 (courts publish the current figure annually). | The affidavit reaches personal property only. For land, a personal representative must be appointed. A small estate can then use summary administration (18-C M.R.S. 3-1203) without notice to creditors if the estate does not exceed allowances and expenses. |
| Maryland | N/A | Estate of $50,000 or less ($100,000 or less if the surviving spouse is the sole legatee or heir). | Maryland's small estate process can transfer land, because all of a decedent's property, real or personal, passes to the personal representative for administration. Land counts toward the limit at market value less recorded debts it secures. |
| Massachusetts | N/A | Estate consisting entirely of personal property not exceeding $25,000 (a motor vehicle may be included). | The statute covers estates consisting entirely of personal property, so an estate holding real estate falls outside this procedure and needs a regular probate filing. |
| Michigan | N/A | Gross estate of $50,000 or less after funeral and burial expenses are shown to be paid. | Real property is included in the 'gross estate' under subsection (5). Debt on real property up to $250,000 is deducted from its value when testing the threshold. The transfer still requires a court order. |
| Minnesota | N/A | Affidavit for collection of personal property: probate estate not over $75,000 (less liens and encumbrances). | The $75,000 affidavit covers personal property, not land. Land goes through the court. Summary proceedings (524.3-1203) allow summary assignment and closing of estates up to $150,000 with court approval, bond, and an appraisal for non-homestead land. |
| Mississippi | N/A | Small estate affidavit: entire probate estate of $75,000 or less (excluding liens), after a 30-day wait. | The affidavit does not transfer land. If the decedent left a valid will devising Mississippi real property, the will can be admitted to probate as a muniment of title only. There is no executor. This applies if the rest of the probate estate (excluding real property and exempt property) is within the small-estate amount. |
| Missouri | N/A | Small estate affidavit: entire estate (less liens, debts, encumbrances) not over $40,000. | Distributees may take real property without letters. They record a copy of the affidavit and the clerk's certificate with the recorder of deeds in each county where land lies. Any real estate counts toward the $40,000 limit. |
| Montana | N/A | Affidavit for collection of personal property: probate estate, wherever located, less liens and encumbrances, not over $100,000, 30 days after death. | The affidavit covers tangible personal property, debts, securities and choses in action, not real property. Land requires probate (informal or formal) or another title process. |
| Nebraska | N/A | Personal property affidavit: estate personal property not over $100,000 (less liens), 30 days after death. | Successors may use a recorded affidavit with the register of deeds instead of probate if Nebraska real property is valued at $100,000 or less. No probate may be pending, and no later will may be found. |
| Nevada | N/A | Set aside without administration by court order: estate value not over $150,000 (NRS 146.070). | The NRS 146.080 affidavit excludes real property. The NRS 146.070 court petition to set aside an estate of $150,000 or less is not limited to personal property. Land can therefore pass that way with a court order. Confirm with a Nevada attorney. |
| New Hampshire | N/A | RSA 553:32 allows a waiver of administration (no inventory, bond, or accounting) in specified simple situations, with no stated dollar limit. | New Hampshire has no small estate affidavit for land, so an heir usually needs a probate appointment before selling. Waiver of administration (RSA 553:32) skips the inventory, bond and accounting. The administrator later files an affidavit of administration listing all real estate. |
| New Jersey | N/A | $50,000 total real plus personal assets, intestate estate, surviving spouse/civil union/domestic partner only, by affidavit before the county Surrogate (first $10,000 free from debts). | With no will and total real and personal assets of $50,000 or less, a surviving spouse or partner can take them by Surrogate affidavit. With no spouse or partner, one heir can use a similar affidavit if assets are $20,000 or less and the other heirs consent in writing. A will or a larger estate needs probate or administration. |
| New Mexico | N/A | $50,000 (entire estate, less liens) for collection of personal property by affidavit, 30 days after death. | The affidavit is titled 'Collection of Personal Property' (45-3-1201). Transferring land generally needs a court probate process. |
| New York | N/A | $50,000 of personal property (voluntary administration), threshold since Nov 25, 2019. | Real property is excluded from the $50,000 and cannot be handled by voluntary administration. Heirs need regular probate or administration to transfer land. |
| North Carolina | N/A | $20,000 of personal property (net of liens), or $30,000 if the affiant is the surviving spouse and sole heir. | The affidavit covers personal property only. Title to a decedent's real property vests in the heirs at death (intestate) or in the devisees under a probated will (28A-15-2(b)). |
| North Dakota | N/A | $100,000 (entire estate, less liens) for collection of personal property by affidavit, 30 days after death. | The affidavit covers personal property and securities only. Summary distribution (30.1-23-03) is by a personal representative, so land generally needs a probate appointment first. |
| Ohio | N/A | Release from administration if estate assets are $35,000 or less, or $100,000 or less when a surviving spouse takes all (will or intestate). | The probate court may order the estate released from administration and direct transfer of real property to the entitled persons, without full administration. |
| Oklahoma | N/A | Affidavit for personal property up to $50,000 (10+ days after death). | The 58 O.S. 393 affidavit is personal-property only. Land passes through court summary administration (petition lists the decedent's real property). |
| Oregon | N/A | Simple (small) estate affidavit: no more than $200,000 of the estate is real property and no more than $75,000 is personal property. | A claiming successor files a simple estate affidavit with the probate clerk, instead of opening a full probate. The 'simple estate' limit is $200,000 in real property. |
| Pennsylvania | N/A | Orphans' court can settle an estate on petition when gross personal property does not exceed $50,000, not counting real estate. | The small-estate petition excludes real estate from its value test and does not move title to land. Heirs need regular estate administration (letters or probate) to transfer real property. |
| Rhode Island | N/A | Voluntary administration/affidavit for estates up to $15,000, consisting entirely of personal property (tangible property excluded from the count). | The $15,000 small estate procedure covers personal property only. Land needs regular probate. |
| South Carolina | N/A | $45,000 (raised from $25,000 by 2025 Act No. 26, eff. May 8, 2025). | The affidavit under 62-3-1201 collects personal property only (tangible property, debts, securities). It does not transfer land. For estates of $45,000 or less, a personal representative can use summary administration under 62-3-1203 after appointment and creditor notice. The representative can then file a closing statement under 62-3-1204. Land still requires a probate proceeding. |
| South Dakota | N/A | Personal property by affidavit if the entire estate is $100,000 or less (30 days after death). | Successors can file an affidavit and death certificate with the register of deeds if the decedent's South Dakota real property is worth $50,000 or less. Non-agricultural land can be valued at its assessment-roll value for the year of death. Agricultural land is valued at fair market value on the date of death. |
| Tennessee | N/A | Small Estates Act: personal property of $50,000 or less. | The Small Estates Act does not reach land. The affidavit is not a muniment of title for real estate (Tenn. Code Ann. 30-4-102). Land held by a decedent needs normal probate or other title proceedings. |
| Texas | N/A | $75,000 in non-homestead, non-exempt estate assets (excess over known liabilities). | The Estates Code small estate affidavit transfers a homestead only when it is the only real property in the estate (Sec. 205.006). It gives no clear path for vacant acreage. Heirs of vacant land generally need probate, such as a will admitted as a muniment of title (Sec. 257.001) or an heirship proceeding. |
| Utah | N/A | Estate under $100,000 (entire estate, less liens), 30 days since death, no personal representative application pending or granted. | The small estate affidavit collects personal property only and cannot transfer title to land (per Utah Courts self-help). If the estate includes real property, heirs generally open a probate case (e.g., informal probate under Utah Code Title 75, Chapter 3). |
| Vermont | N/A | Small estate: fair market value of not more than $45,000 and consisting entirely of personal property (a time-share is allowed). | The small estate procedure excludes real estate. Land generally needs regular probate administration. |
| Virginia | N/A | Small asset affidavit when the personal probate estate is no more than $75,000. | The small estate affidavit excludes real property. Heirs and devisees of land need regular qualification or another estate procedure. |
| Washington | N/A | Affidavit procedure: entire probate estate, less liens and encumbrances, not over $100,000 (surviving spouse/partner community property interest excluded). | The RCW 11.62.010 affidavit covers debts, personal property and securities, not real property. Land generally needs probate or another title process. |
| West Virginia | N/A | Small estate on affidavit: personal property not over $50,000. | Under W. Va. Code 44-1A-2 the affidavit procedure is limited to a decedent who owned no interest in probate real property. Real property requires regular probate or another transfer. |
| Wisconsin | N/A | Transfer by affidavit when property subject to administration does not exceed $50,000 gross value (not reduced by debts). | Real estate is not excluded. Heirs may record the affidavit with the register of deeds in each county where the property sits, after giving heirs 30 days' notice. A person named only as personal representative in the will cannot receive real property by this affidavit. |
| Wyoming | N/A | Summary distribution is available when the entire estate, less liens and encumbrances, is not over $400,000. | Under W.S. 2-1-205 distributees may apply 30+ days after death to the court for a decree of summary distribution. The decree covers personal or real property including mineral interests. The process includes a sworn value report, publication notice, and mailing to heirs and creditors. The 2-1-201 affidavit does not reach real property. |
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