How to Sell an Inherited House in Hunterdon County (Probate Guide)

Step by step in Hunterdon County

1. 1

   Collect the will and key records

   Start with the original will, certified death certificates and the deed. Add recent tax bills, any mortgage statement and the paperwork for the septic system and well if the house has them. A buyer will ask about those later, and having them early saves days.

2. 2

   Use the county's online forms

   The Surrogate's page links to online forms. The filing fees are set by New Jersey statute, and the county posts a fee schedule. Review both before you go to 65 Park Avenue so you know what to bring and what you will pay.

3. 3

   Probate the will or request letters of administration

   The county describes the Surrogate's duties as admitting a will to probate or granting letters of administration to an appropriate person. With a will, the named executor applies. Without one, the court picks an administrator. The page does not publish a waiting period, so ask the office.

4. 4

   Sort the heirs into tax classes

   A child, grandchild, parent, grandparent, spouse, civil union partner, domestic partner or stepchild is Class A and exempt. Siblings and in-laws are Class C: no tax on the first $25,000, then 11% up to a set band. Others are Class D at 15% on the first $700,000 and 16% above it.

5. 5

   Meet the filing and interest dates

   The Division of Taxation form says the return is due eight months after death and that unpaid tax earns 10% interest a year from that point. It also says a return must be filed when property passes to someone other than Class A. A tax professional can confirm whether yours does.

6. 6

   Request the real estate waiver

   Only the Inheritance Tax Branch can issue the waiver that lets a resident decedent's real estate transfer. The tax is a lien for 15 years. Class A heirs may use Form L-9 if that waiver is the only reason to file. Form L-8 does not cover real estate.

7. 7

   Choose a sale route

   Ask the attorney when the person with authority may sign. Then weigh a full listing, which can fit a well kept country home, against a cash sale, which suits a house that needs a lot of upkeep.

Hunterdon County offices you may deal with

Hunterdon County probate questions