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

Step by step in Mercer County

1. 1

   Pull together the will and the paper trail

   Find the original will and certified death certificates. For a Trenton rowhouse or multifamily, also look for the deed, tax bills, any mortgage statement and the leases. Back taxes and open balances change what a sale can pay off, so know them early.

2. 2

   Go to Room 420 or call first

   The Surrogate's office is on the fourth floor of the Civil Court House at 175 South Broad Street. The listed number is (609) 989-6331. Call before you go to confirm hours and what to bring, since the excerpt we read does not publish a checklist.

3. 3

   Probate the will or open an administration

   Mercer's page says the court handles probate of wills, qualifies trustees of testamentary trusts, and appoints administrators or affiants where no will exists. With a will, the Surrogate passes on its validity and gives the executor proof of authority. Without one, an administrator is appointed.

4. 4

   Identify which heirs owe tax

   Class A heirs, including a spouse, civil union or domestic partner, child, grandchild, parent, grandparent and stepchild, pay nothing. Siblings are Class C, with the first $25,000 untaxed. Every other heir is Class D, taxed at 15% on the first $700,000 and 16% above. The form's rates are per beneficiary.

5. 5

   Watch the eight-month mark

   A return is due within eight months of death, and unpaid tax earns 10% interest a year from then. The Division adds that a return is needed when property passes to someone other than Class A. Even a Class A estate may need the real estate waiver.

6. 6

   Request the waiver for the house

   The Division says tax waivers are required to transfer a resident decedent's New Jersey real estate and that only the Inheritance Tax Branch issues them. Form L-9 can serve Class A heirs when the real estate waiver is the only reason to file. Form L-8 covers financial assets, not property.

7. 7

   Compare sale routes

   Once your attorney says the personal representative may sign, compare a listing, a hold and an as-is cash sale. Ask for payoff numbers on loans and taxes first. A sale that nets less on paper can still beat months of carrying costs.

Mercer County offices you may deal with

Mercer County probate questions