How to Sell or Fix an Inherited House in DC During Probate

General information, not legal advice. This guide explains how the process generally works. It is not legal, tax or financial advice, and every estate is different. Talk to a licensed attorney about your situation.

Short answer: in Washington, DC, an inherited house can usually be sold, refinanced or repaired once the DC Superior Court's Probate Division has appointed a personal representative with authority to act, or once title has clearly passed to the heirs. Until then, the most useful steps are to open the estate, protect the house and get the numbers: payoff, taxes, repair costs and value. This guide walks through each step in plain English.

Key points: DC probate runs through the Probate Division of the DC Superior Court. A personal representative needs court authority before signing a sale or loan. The small estate limit for deaths on or after March 21, 2025 is $80,000, but the court treats an estate that owned a house as a large estate. Vacant DC homes can be taxed at much higher rates.

Who handles probate in DC?

Probate in the District is handled by the Probate Division of the DC Superior Court, whose clerk's office is at 515 Fifth Street NW. The court appoints a personal representative (the DC term for an executor or administrator), who collects the estate's assets, pays valid debts and distributes what remains. If there is a will, it names who should serve; if there is no will, DC law sets out who has priority to be appointed, usually a close relative.

The Probate Division runs a self-help center and publishes forms and instructions. Many families open an estate on their own, but an inherited house raises title, tax and tenant questions, so it is worth at least one consultation with a DC probate attorney before making decisions about the property.

Small estate or large estate?

For people who died on or after March 21, 2025, DC allows a small estate proceeding when total assets are $80,000 or less. Earlier deaths have lower limits. Small estates move faster and have simpler paperwork. However, the Probate Division describes large estates as cases where the person who died owned a house or had property worth more than $80,000, and its small-estate checklist only asks about real estate located outside the District. In practice, an estate that holds a DC house generally goes through a large estate proceeding regardless of value. Confirm with the Probate Division for your situation.

Can heirs sell the house before probate is finished?

Often, yes, but someone has to have the legal authority to sign. In practice that means:

• A personal representative has been appointed and the court's letters, the will and DC's rules allow the sale or loan. The DC Superior Court's probate rules include a rule on sales of estate assets, and the title company will ask to see the authority before it insures the deal.
• Title has passed to the heirs and every owner of record signs. When several siblings inherit together, all of them (or their legal representatives) usually have to sign.

Buyers and lenders rely on title insurance, so the title company effectively decides what paperwork is enough. Bring them in early, along with the estate attorney if there is one.

Protect the house while the estate is open

An empty house costs money every month and can lose value quickly. The early priorities:

• Insurance. Tell the insurer the owner has died. A vacant home may need a different policy.
• Property taxes. The DC Office of Tax and Revenue (OTR) bills and collects real property tax. Unpaid taxes can lead to a tax sale, so get the current balance early.
• Vacant or blighted classification. DC taxes vacant and blighted buildings at much higher rates than occupied homes, and the DC Department of Buildings (DOB) decides the classification. DOB lists exemptions that include probate proceedings, with supporting documents and deadlines. Our probate and heir property guide covers the current rates.
• Utilities, water and the mortgage. Keep the lights, heat and water bills current to prevent damage, and contact the mortgage servicer about the death.

Repair first, or sell as-is?

Many inherited DC homes are rowhouses or detached houses that have not been updated in decades: original kitchens and baths, old wiring, aging roofs and systems. The choice usually comes down to timing and money:

• Sell as-is if the heirs need cash quickly, nobody can manage a renovation, or the repairs are too large. Expect a discount from investor buyers.
• Repair and sell if the after-repair value is meaningfully higher than the as-is price plus repair and carrying costs. Permits for structural, electrical, plumbing and mechanical work run through DOB, and exterior work in a historic district is reviewed by the DC Historic Preservation Office.
• Keep and rent if one heir wants to hold the property. Rentals in DC need a basic business license for rental housing from the Department of Licensing and Consumer Protection, and the rehab has to be permitted.
• Buy out siblings if one heir wants to keep the house and the others want cash. The usual path is to agree on value, calculate each share after payoffs, and fund the buyout with a loan against the property.

What if the house has a tenant?

If someone is renting the house, the tenant's lease and DC tenant protections continue after the owner's death. DC's Tenant Opportunity to Purchase Act (TOPA) can give tenants rights before certain sales, and there are exemptions and special rules for single-family homes. Get advice from a DC attorney before listing or signing a contract on a tenant-occupied house.

How can heirs pay for repairs, taxes or a buyout?

Options include estate funds, a sale, a personal loan from one heir, or a probate loan: a short-term, business-purpose loan secured by the inherited property and repaid from a sale or long-term refinance. RevitaLending lends in Washington DC from $50,000 to $2M with no minimum FICO, sized on the property and the exit, subject to underwriting. Uses include paying delinquent taxes and liens, paying off the existing mortgage, funding repairs before a sale, and buying out other heirs. The property must be non-owner-occupied investment property. If the family would rather not borrow, our joint venture program may be able to partner on the renovation inside the Capital Beltway and share the profit at sale.

What to have ready: the address, the death certificate, the will and any letters of administration, the mortgage and tax payoffs, any DOB notices, a repair estimate and the plan: sell, rent or buy out.

Frequently asked questions

Official sources

• DC Superior Court Probate Division: Small Estates
• DC Superior Court Probate Division
• DC Office of Tax and Revenue: Real Property Tax Rates
• DC Department of Buildings: Vacant and Blighted Buildings
• DC Department of Licensing and Consumer Protection