You can sell an inherited house in Virginia or Florida while you live in Maryland, and you won't need to move there or keep making the drive. The probate case runs in the state where the house sits, so Virginia or Florida rules decide who can sign the deed. Plan on a local attorney or title company there and a buyer who can see the house without you.
A common version: a parent retired to Norfolk or Sarasota, and now the house is yours to handle from Baltimore County. Memorable Home Buyers buys houses in Maryland, so this guide covers what to sort out first and who can buy the house where it is.
Where does probate happen for a house in another state?
Real estate goes through probate in the state where it is located. If your parent lived in Florida, the main estate is opened there. If your parent lived in Maryland and also owned a house in Virginia or Florida, the Maryland estate covers everything else, and a second, smaller case is opened where the house is. Florida calls that ancillary administration.
Either way, the person handling the estate, called the personal representative, needs court approval in that state before signing a deed. Start with that step. No buyer or title company can close until it is done.
Can I be the personal representative if I live in Maryland?
In Florida, someone who lives out of state can serve only if they are closely related to the person who died. That covers a child or grandchild, a parent, a spouse, a brother or sister, an aunt or uncle, a niece or nephew, and the spouse of one of those relatives. A Maryland friend named in the will cannot serve. Florida also generally requires the personal representative to work with a Florida attorney.
In Virginia, someone from out of state can serve. The court will usually require a bond backed by a surety company, unless a Virginia resident serves alongside you or the court waives it. You also name someone in Virginia, or the court clerk, to receive legal papers for the estate.
In both states, much of the filing can be handled by mail, phone and email with the local attorney.
Is there a waiting period before heirs sell in Virginia?
Virginia has a one-year rule that surprises a lot of families. When heirs sell inherited real estate within a year of the death, the sale is not protected against the estate's creditors. Title companies handle this in different ways, such as holding part of the sale money in escrow until the year passes or asking for a bond. Ask the title company at the start how it handles a sale inside that first year, so the answer does not show up at closing.
What taxes apply to an out-of-state inherited house?
Maryland inheritance tax applies to real estate located in Maryland, so a house in Virginia or Florida falls outside it. Florida has no estate or inheritance tax, and neither does Virginia.
For federal income tax, an inherited house usually takes a stepped-up basis, its value on the date of death. If you sell soon for close to that value, there may be little or no gain. As a Maryland resident, you report the sale on your Maryland return. A Virginia sale may also call for a Virginia nonresident return, so ask a tax preparer. Florida has no personal income tax.
While the estate is open, keep the property tax, insurance and any HOA dues paid. Those bills keep coming whether anyone lives there or not.
How do I sell the house without traveling there?
Most of the work can be done from Maryland. The personal representative can sign the deed in front of a notary here, or by remote notarization if the title company allows it. A neighbor, a nearby relative or a lockbox can get a buyer inside for the walkthrough, and the sale money is wired to the estate's account.
You also do not have to clean out the house first. Take what the family wants and leave the rest, once the personal representative has signed off on what happens to the belongings.
For houses in Virginia and Florida, Mal buys through MalBuysHouses Nationwide, his company that covers those states. You talk to the same person either way. Call or text 443-363-0949 and he will tell you which one fits your house.
Related reading
These guides cover an inherited house here in Maryland: