Who can sign
How the deed was held decides whether probate is needed. Joint owners with survivorship usually already own the house; a trust's successor trustee can usually sell under the trust; a house in the deceased's name alone needs an estate opened with the Register of Wills and a personal representative appointed. Delaware's small estate affidavit does not transfer real estate held solely in the deceased person's name. Appointment is not always the whole answer: a personal representative can sell under a power of sale in the will (12 Del. C. § 2719); without one, a sale may need a Court of Chancery order. The estate attorney or settlement attorney confirms which applies before closing. Details: the Delaware probate process for a house and the Register of Wills process.
What the estate needs before closing
- Letters testamentary or of administration from the Register of Wills.
- A death certificate and, if there is one, the will.
- Agreement among heirs when the will or the law requires it; see when heirs disagree.
- Any lien or tax clearance the settlement attorney asks for.
We can prepare the agreement of sale while the estate is being opened, but it is signed only once the personal representative has been appointed, and we close when the estate has authority to convey.
Leave the contents
Most inherited houses come with decades of belongings. Take what matters to the family and leave the rest; clean-out is in our repair budget, not on your list. If the house is out of state for you, we work from photos and a local walkthrough.
Taxes to know about
Heirs generally receive a stepped-up basis to the value at the date of death, which often means little or no capital gains tax on a prompt sale; Delaware has no inheritance tax, and its estate tax was repealed effective January 1, 2018 (30 Del. C. Ch. 15). Our capital gains guide covers the details; confirm your situation with a CPA.
Sell, list, or keep: the honest comparison
If the house is in good shape and the heirs have time, listing with an agent usually brings the highest price. If it needs work, sits far away, or the estate needs to settle, a direct sale saves months of carrying costs and coordination. Our written offer shows both paths side by side so the family can decide on one page.
How long it takes
| Step | Typical timing | Notes |
|---|---|---|
| Open the estate with the Register of Wills | 2–6 weeks to letters, depending on the county and the paperwork | Bring the will, death certificate, and a list of heirs |
| Walkthrough and written offer | 1 week | We work from photos for out-of-state heirs |
| Agreement of sale | When the personal representative is appointed | Signed by the personal representative |
| Settlement | 10–60 days after signing, on the estate's date | Estate proceeds go to the estate account; the attorney handles distribution |
Delaware's realty transfer tax (generally 4%, customarily split 2% seller / 2% buyer) applies to an estate sale like any other and is itemized before signing (Delaware Division of Revenue). When Silverside buys the house, we pay all closing costs, including the estate's share of the transfer tax.
How can Silverside Home Buyers help?
Call or text (302) 525-0787. We'll tell you what the estate still needs, give you a written offer with the math, and close at a licensed Delaware settlement attorney on the estate's timeline.
Frequently asked questions
Can we sell before probate is finished?
The agreement of sale is signed once a personal representative is appointed, and closing happens when the estate has authority to convey; the settlement attorney confirms the paperwork.
Do all heirs have to agree?
The personal representative signs, but the will, the court and the other heirs' rights can require consent. When heirs disagree, get the estate attorney involved early.
Do we have to clean out the house?
No. Take what you want and leave the rest; clean-out is part of our repair budget.
Will we owe capital gains tax?
Often little or none, because heirs receive a stepped-up basis to the date-of-death value. Confirm with a CPA before closing.
Related pages
Sources
- New Castle County Register of Wills
- Kent County Register of Wills (Wills & Estates)
- Sussex County Register of Wills
- 12 Del. C. Ch. 27 (sale of a decedent's real estate; § 2719 power of sale in a will)
- House Bill 333 (small estate limit, 12 Del. C. § 2306)
- 30 Del. C. § 5402 (realty transfer tax rate and split)
- Delaware Division of Revenue, Realty Transfer Tax
Want the number in writing?
Call or text (302) 525-0787, or send the address. You'll get a written offer with the math, and a straight answer if listing would net you more.
Get My Written Offer Call (302) 525-0787