My parents are dead and now I need a realtor.
So your parents left behind all this stuff. When it comes to hideous table lamps and bins full of VHS tapes, you can have a garage sale. But you can’t sell a house that way. Or a car. Or any other big-ticket item. If you’re a Millennial or Gen Z, scrolling on Zillow is probably the closest you’ve come to home ownership—but now you’ve inherited one, and can you even afford the mortgage?
Don’t worry. We’ll figure this out. But before you get started…
Can I legally sell this stuff?
It depends on whether you have a will or a trust, or some combination of the two.
If your parents left a will, you’ll need to register it in probate court first and get letters of testamentary proving that you’re the executor of the estate.
If your parents left a trust, and you’re successor trustee, then you’re allowed to sell the property within that trust. (But if the property isn’t explicitly listed as being part of the trust, then you’ll either need a pour-over will showing that you’re allowed to include it in the trust, or you’ll need to go through probate court.)
You’ll need to sort this out before you sell anything—revisit the will/trust section of the site for help. You’ll also need the death certificates to prove that you’re not committing extremely obvious fraud.
One more thing to keep in mind: different states are going to have different requirements for just about everything. When you search for information online, make sure your queries are state and county-specific.
Home is where the (palpitating) heart is
I’m one of the rare Millennials who does own a home—but only because my parents helped me pay for college, so I was able to save for a down payment. And my homebuying experience was weird—I randomly stumbled across the perfect place, put in an offer for $2k less than asking price, and they accepted same day.
As you might imagine, that’s not how it normally goes. I didn’t get a real taste of real estate until my parents kicked the bucket and I had to sell their condos. There’s plenty of real estate advice online already, but dead parents add a whole is this place haunted? vibe to the situation.
It’s stressful—but I’ve broken it down into steps to make things a little more manageable. (Disclaimer: This isn’t comprehensive, but it’s the best I could do with a short list.)
Step 1: Find the property deed
Assuming your parents were at least vaguely organized, the deed should be with their other important papers. If your parents were disorganized…good luck, I guess? If the property is part of your parents’ trust, then you should find papers to that effect.
If you live in Florida, Michigan, Texas, Vermont, or West Virginia, your parents may have a Lady Bird deed, which transfers the property directly to you or a relative without going through probate. Lucky you! (I wrote more about that here.)
Before your parents died, they may have also done a Quitclaim deed, which allows them to easily transfer the property to you or a relative. If that’s the case, they should have told you about it.
If the property is part of your parents’ living trust, and you’re the successor trustee, then you should be able to sell it just fine.
Step 2: Contact the bank
If your parents have already paid off their property—great! But it’s likely that your parents have a mortgage. Look through their mail and/or email to find mortgage statements from a bank or lender—it might not be the same bank they use for their regular accounts.
Call the bank or lender. If you’re like me, you’ll end up with a new employee who has never encountered this situation before and starts crying. They’ll need the usual stuff to let you take over the mortgage—death certificate, letter of testamentary or trust paperwork, parents’ social security number, your social security number, the routing number for the account you’ll be using to pay. You’ll almost certainly have to send it through the mail, but if they’re cool they might let you email it.
Just to be clear: you are not legally responsible for paying your parents’ mortgage. Any outstanding debt should be paid from what’s left of their estate—not your personal money. You can always let the house go into foreclosure if you absolutely must.
Here’s more info about this process from Rocket Mortgage.
Step 3: Contact the insurance company
Same deal with the bank. Your parents’ property should be insured, so you’ll need to keep paying for it while you sell—again, not with your own money. That’s what the money from your parents’ estate is for. You’ll have to give the insurance agent the same paperwork as the bank. They’ve encountered this situation before—it’s their job to guide you through it. If you have questions, don’t be afraid to ask them.
You can also talk to the agent about switching insurance plans—it’s your home for now, at least. You don’t have to keep the same policy as your parents. Here’s more info about what to do in this situation from Policygenius.
Step 4: Figure out property taxes
If your parents had a mortgage, it’s likely their mortgage payment includes escrow that covers property taxes and insurance. But maybe not! My dad was a weirdo who liked to pay his property taxes separately. And if your parents’ property was completely paid off, then you’ll have to cover the property taxes regardless.
Look at the mortgage statements or contact the bank/lender to determine whether taxes are covered via escrow. If not, search for the tax assessor in the county where your parents lived. Many times you can look up and pay their taxes online—you might find property tax bills in their papers, which will help. Here’s more info about post-death property taxes from Cake.
All together now: you shouldn’t be personally paying for this—the estate should.
Step 5: Contact the HOA
It’s entirely possible your parents aren’t part of a Homeowners Association, or HOA. It’s more likely if they lived in a condo or townhome—any kind of community rather than a bigger subdivision, though sometimes subdivisions have them as well.
If there’s no HOA, so much the better. If there is an HOA, you need to let them know your parents have died. They’ll tell you what information and paperwork they need—probably the usual. Death certificates, letter of testamentary or trust paperwork, etc.
Until you sell the house, you’ll need to take over the HOA fees—or rather, the estate will. As I keep saying, you should not personally be paying for any of this. Sometimes HOAs are run by big companies, but other times they’re small groups of local residents—you might be able to arrange a better payment deal with them. They worst they can say is no.
When you do end up selling the house, you’ll need to notify the HOA, and you’ll need to disclose information about the HOA to the buyer. Your realtor can help you with that.
Step 6: Find a realtor
When I decided to buy a house, I clicked a button on Zillow, and POOF! I had a realtor. This is not a good strategy (though my realtor turned out to be great).
A better idea is to search online and look through reviews, or to ask friends and family for recommendations. It’s worth your while to chat with a few different realtors to see who will give you the best deal. Realtors don’t get paid unless someone buys the house—they take a cut of the sale. (Though there may be a fee if you choose to end a contract with a realtor early.) The timing on the contract may also differ—I’ll sell your house in 3 months versus I’ll sell your house in six months.
Once you select a realtor, you’ll sign a contract with them. And then you should add them to your contacts—they’re about to become your best friend. They will call you a lot—for information, for showings, etc. The good news is they’ll do most of the work for you, and they’ll answer all your questions. It’s literally their job.
If you live in a different state than your parents, don’t worry—the realtor should be able to have you sign documents electronically or via overnight mail. In my experience, it’s helpful to at least meet the realtor in person, but it’s not strictly necessary. You can do the entire thing from far away if you want.
What if a friend or relative is interested in the property? Talk to your realtor—you can make exceptions in the contract for certain people and give them a specific timeline to decide whether they want to buy.
Can I sell the property myself? If you want! You don’t technically need a realtor—I sold my parents’ condo in Florida to their neighbor without one. If you’re going the for-sale-by-owner route, you’ll still need to pay a local title company to legally process all the paperwork for you—they should be able to provide you with a contract you can sign with the buyer, and they’ll let you know what other paperwork they need. (Surprise! Death certificate, letter of testamentary/trust paperwork, etc.)
Can I move into the house? Why not? Free house! Well, sort of. You’ll need to take over the mortgage, insurance, taxes and any HOA fees yourself. If multiple siblings or relatives are inheriting the property, you’ll need to buy the others out of their share. That’s what we did with my parents’ condo in Wisconsin—my sister paid me for half of it and moved in.
Step 7: Put the house on the market
The good news is that the realtor will handle most of this stuff for you (unless you’re selling the place yourself, in which case you should rely on the title company). But there will still be lots of paperwork involved. I won’t go through the whole process of selling and buying a house—that’s easy to find online. But here are a few things you can expect:
Earnest money – When someone makes an offer on the house, they have to give you “earnest money” to prove that they’re serious about buying it. The amount depends on the value of the property—your realtor will guide you.
Inspections – After an offer has been made and the house is under contract, there are going to be lots of inspections. The buyers may want you to fix certain things before they close the deal. If there are any open permits on the property, you’ll need to have them inspected and closed before you can sell. Again, your realtor can help—but keep in mind that you may have to pay a handyman or two.
Don’t expect the list price – In addition to any cut your realtor takes and whatever taxes there might be, if your parents were still paying a mortgage on the property, you have to pay back the rest of it when you sell. So if you’re selling the house for $400k, and you still have $100k left on your mortgage, you’ll only get $300k. (Only $300k, lol)
Closing – The house isn’t officially sold until closing, when all parties involved sit down and sign a gazillion papers. This doesn’t have to be in person, so if you live elsewhere, don’t fret.
And there you have it! You’ve rid yourself of a property. Congratulations.
A special note on emotions
It is totally normal for emotions to run high when selling a house, especially your parents’ house. It may be your childhood home, where all your formative memories were made! And even if it’s not, it can still be difficult to process that some stranger is barging in and taking over your parents’ space. You’re not weird for mourning a place as much as the people who lived there.
Vroom Vroom
The good news is that cars and other vehicles are easier to sell than houses. The bad news is you might have to pay a visit to the DMV. Let’s break it down, shall we?
Step 1: Find the title
A title is like a property deed, but for a vehicle. It’s a legal document that shows who owns the car or boat or badass electric unicycle in question. (I thought I was making up electric unicycles but they’re actually a thing.)
If your parents were still paying off a loan on the vehicle, the title will also list a lienholder—the bank or company they’re paying. In some states, the lienholder keeps the title until the loan is paid off, in which case you should be looking for a copy of the title.
Again, this should hopefully be with your parents’ important papers. You’re not supposed to keep a title inside the car in case it gets stolen—but lots of people do. Glove compartment? The car might be listed in your parents’ trust if they had one, or the pour-over will should be able to help you put the car into the trust. Make sure you grab the trust documentation, too.
Step 2: If there’s still a loan on the car…
If the car is fully paid off, skip to step 3! I’ve always wanted to write a choose-your-own-adventure story.
Full disclosure: both my parents’ cars were fully paid off, but I have helpfully researched what you should do in the event that your parents’ cars are not. My main source is this Forbes article, which goes into more detail.
Contact the lender (they should be listed as lienholder on the title) and find out exactly how much your parents still owe. They may need the usual documents proving your parents are dead—death certificates, etc.
Find out how much the car is worth by entering its information into a website like Kelley Blue Book. (Search “how much is my car worth” online for other sites.)
Compare the worth of the car versus how much your parents still owe on the loan. If your car is worth more than the loan payment, that’s good news: when you sell the car, the remainder of the loan will be paid to the lender and you’ll pocket the difference. If the loan is worth more than the car, that’s bad news: the money from the sale won’t cover the loan—you’ll still have to pay back the remaining amount to the lender.
If you’re selling the car directly to a private owner, you’ll need to make an appointment with you, the buyer, and a loan officer from the lender. The lender should set this up and tell you and the buyer what to bring to complete the sale, at which point the title is signed over to the buyer.
It’ll be a lot easier to trade the car in at a dealership—they’ll just figure out all this stuff for you without getting a private buyer involved. But you do you!
Step 3: If the car is fully paid off…
Without a lienholder to deal with, you can skip straight to the selling part. There are two ways you can get rid of a car:
Sell it directly to a private buyer
Sell it at a dealership or used car retailer like Carmax
I suppose there are other ways to get rid of it—you could set it on fire, or drive it off a cliff. But neither of those will get you any money, and they might be illegal.
If you’re selling to a private buyer, you should sign a contract with them—search “car bill of sale” online and you’ll find some templates. Make sure you both have a copy—and make sure they pay you! How much should they pay? It’s up to you—you’ll almost certainly have to haggle a bit. Find out how much the car is worth by entering its information into a website like Kelley Blue Book.
Then you and the buyer should take a trip to the DMV together. (Or in my case, two DMVs together, since the first one had a computer outage.) There a professional can guide you through the process of titling over the car to the buyer. You’ll have to fill out some papers, pay some money, the usual. Bring all the documents you need to prove your parents are dead—and if there’s a trust, bring your pour-over will. You’ll have to retitle the car into the trust and then retitle it to the new owner.
If you sell the car to a dealership or used car retailer, they’ll cover a lot of this stuff for you. But you’ll still need to bring all the necessary documentation. Look up how much your car is worth beforehand so they don’t try to lowball you. Remember: if your parents had a trust, you should go to the DMV and use the pour-over will to retitle the car into the trust before you try to sell it.
Step 4: Cancel the insurance
No need to pay car insurance on a vehicle you no longer own. Contact the insurance company and cancel that policy.
What if I want to keep the car?
You can totally do that! Or if you have siblings, you can buy the rest of them out of their share—or vice-versa. You’ll need to go to the DMV and retitle the car in your name. Keep in mind that there are other costs associated with cars than just the purchase price. You’ll need to insure the car, maintain the car, etc. It can be expensive. But we’re not big on public transportation in this country, so taking over your dead parents’ car might be a good way to get yourself some wheels.
Vroom Vroom (other)
What if your parents don’t have a car? Perhaps they preferred to hit the road on Harleys with their motorcycle gang (in which case I am jealous of the cool leather vests you inherited). My parents had a fishing boat in Florida—not that it was their primary means of transportation, but I still had to get rid of it.
Fortunately, selling other vehicles is usually a lot like selling cars. There will be a title. There may be a lienholder to deal with. You can sell it to a private owner or a dealership. If you review the car section on this page, you should have a good idea how to sell your parents’ electric unicycle.
Bang Bang
If you live in the good ol’ US of A, your parents may own guns. My dad hunted pheasant, so he had multiple shotguns, in addition to some handguns. I’ve never had an interest in hunting or shooting—by the time he died, I’d still never pulled a trigger.
If you’re having a similar experience, I recommend heading to a local shooting range so you can learn how to safely handle a gun. That’s what my friends and I did soon after my dad’s death. A nice woman named Linda showed us how to check whether a gun is loaded, how to unload and load a gun, and of course, how to properly fire one. I found it unnerving—but at least now I can deal with my dad’s guns without shooting my own foot off.
Here's a by-no-means-comprehensive list on how not to commit manslaughter while handling your parents’ guns:
Assume the gun is loaded.
Do not put your finger on the trigger, ever, unless you’re planning to shoot. Don’t even go near it.
Always point the gun away from you and anyone else in the room.
Consider what’s in the next room through the wall where you’re pointing. Someone watching TV in there? Don’t point it that way, either.
As for how to dispose of the guns, that’s tricky—every state has different laws. You should search online for what the laws are in your state. Ultimately, you’ll have a few options:
You can sell the guns to other individuals, though that involves drawing up legal paperwork that you’ll need to keep on hand for a certain number of years.
If your parents were part of a gun club or hunt club, they may be able to help you sell the guns—or even buy them from you.
You can sometimes sell them at gun shops or gun shows. (Not my favorite option, as this can put guns back into circulation to be purchased by people who have no fucking clue what they’re doing.)
You can usually surrender the guns at your local police station. Call their non-emergency number first to arrange that. Please don’t just walk into a police station with a gun.
#RIP
While your parents’ social media accounts probably aren’t draining their bank accounts, there are some good reasons to memorialize or delete their profiles. Doing so can help you spread the word of their deaths more easily, for one thing. For another, social media is a great way to get people’s personal information in order to commit fraud.
If you already have their usernames and passwords, you should be fine and dandy. Or maybe your parents listed you as a legacy contact on their social media accounts while they were still living. But if none of that is true, how can you get access?
If your parents had a will and/or trust, look for a clause giving the executor/trustee explicit control of their digital assets. That will make the process easier.
Every platform works differently, but you can start by searching [name of platform] + “deceased user” online in order to find more specific instructions.
You will have to provide some sort of proof that your parents are dead (death certificate, obituary, etc.) and some sort of proof that you have the necessary authority to control their accounts (will and/or trust documentation, letter of administration, birth certificate to prove your relationship, etc.).
Here’s another option: don’t worry about it. My own parents weren’t exactly tech savvy. They both had Facebook accounts; my mom barely used hers, and my dad never did. It didn’t seem worth the effort to delete them. If distant acquaintances don’t realize my parents are dead and keep wishing them happy birthday each year at Facebook’s prompting, that’s not my concern. The moral of the story is: pick your battles.
Self-care skeleton says...
You’ll likely get angry at some point during this process. Selling property can create red-tape-induced rage in even the calmest person. Don’t bottle it up! Find healthy ways to express your frustration. Is there a rage room near you? Maybe you could get really into metal (that’s what I did). Your fury is valid.