top of page

Selling an Inherited House in Lexington and Columbia SC: What to Do First

Courtney McCullough
3 days ago
4 min read
Front porch with a key on the table

Selling an inherited house in Lexington and Columbia SC starts with the probate court, not the listing. Before anyone signs a contract, someone has to be officially appointed to act for the estate. The court gives that person paperwork called letters. Once those are in hand, the sale can move at a normal pace. Unless the home deed has been transferred prior to passing, or the property is listed as Joint Tenants Right of Survivorship.

Why I Know This The house is usually the easy part of an estate sale. The paperwork and the feelings take the time. Know where everything sits either in the probate process, the trust estate process, or deed owners. When working as a probate item, the home sale is allowed, just know that creditors are notified once probate is started through the courts. They sometimes can take up to the year deadline, so keep money set aside from the sale to pay any potential additional creditors. Typically that is why most people handling the sale will wait the full year til they list the home to sell. This way they know the net proceeds will be divided between any heirs (if applicable) and not having to hold for potential creditors.

Who can start selling an inherited house in Lexington and Columbia SC?

Not whoever has the keys. Not even the child who lived there for years.

South Carolina law says a personal representative has to be appointed by the court and receive letters before taking on the job. That person has the authority to sign for the estate. If there is a will, it usually names one. If there is no will, the court decides.

Until that happens, you can clean, sort, and make calls. You cannot sign a listing agreement for the estate.

What does the closing look like for an estate sale?

South Carolina is an attorney closing state. A licensed SC attorney handles the closing, and for an estate they will want the letters, the will if there is one, and whatever else the court requires.

Call the attorney early. Honestly, call them before you call me. They will tell you what they need, so that way I can build the listing timeline around it. You can go to the courts and start the probate process, it is a set of forms that need to be filled out and processed.

Also, the personal representative has 90 days after appointment to file an inventory and appraisal of the probate property. The house is part of that, so its value on paper matters.

Does an estate seller have to fill out the disclosure form?

Often not. South Carolina's disclosure law has exemptions, and one covers transfers made by a fiduciary while administering a decedent's estate. A sale by the personal representative usually fits there.

Here is the catch. A transfer from one heir straight to another is different. The family exemption only covers transfers to a spouse or to direct line relatives, like a parent or child. A sibling buying out a sibling is not on that list.

Buyers still want to know what is wrong with the house. Even when the form is not required, I tell sellers to share what they know. I wrote more on the form in our post on seller property disclosure in Columbia SC.

I'm not your attorney or your CPA. Run this by your closing attorney before you count on it.

What does it cost to keep the house while you wait?

This is where heirs get surprised. The electric, the insurance, the lawn, the property tax. It all keeps coming, and it adds up alot faster than people expect when nobody lives there.

Call the insurance company and tell them the owner passed. Some policies change when a house sits vacant. Ask what that means for you, in writing if you can.

An empty house in Midlands heat and humidity also picks up problems. Musty smells, dead grass, a slow leak nobody sees. Every month it sits costs money and hurts the first impression.

Should we fix it up first or sell it as is?

Most inherited houses are dated. Old carpet, a kitchen that has not changed since the 90s, a roof getting close to the end.

My take is simple. Fix what a buyer will fear. Leave what a buyer will want to change anyway. A clean-out, fresh paint, working lights, and a deep cleaning do more than a new kitchen. And I would not spend estate money on a big remodel the heirs have not agreed to.

A pre-listing inspection can help here too. I covered whether it is worth it in our post on a pre-listing inspection in Columbia SC.

Checklist before you list an inherited house

Get the letters from the probate court, or confirm when they are expected. Hire a SC closing attorney who handles estate sales. Get every heir on the same page about price and timing, in writing. Call the insurance company and the utilities. Sort and remove personal items and valuables before anyone tours. Stay away from verbal promises about who gets what. Settle the belongings first, then clean out. Talk to a CPA about the tax side before the sale closes.

My take Selling a parent's house is hard, even when it is the right call. Take the paperwork one piece at a time and ask for help early. I'll cover the real estate side so the attorney and CPA can handle theirs. I am here to handle the stress of selling where your family member spent so much time and built so many memories, and I take that with care, consideration, and ease the load you are carrying.

Call or text me anytime. I'll tell you honestly what the house should sell for and what order to do things in.

Courtney McCullough, Pawmetto Homes Team at Tzedi Co Realty. 803-307-7788.

bottom of page