What's in a probate real estate sale estimate
Each state page below covers the same house sale from three angles: whether the sale needs court approval before it can close, what the sale actually costs in commission, fees, and any court-specific charges, and what the seller's estate or heirs may owe in capital gains tax afterward. Every state page also explains that state's own administration rules in plain terms, since this is the single biggest factor in how much oversight the sale gets. Every figure is tied to a cited statute or official court source — see our methodology for how we verify each one.
The question that decides everything else: who has to approve the sale
Independent or unsupervised administration. Many states, especially those that adopted the Uniform Probate Code, let an executor granted this authority sell estate real estate much like any owner would — list it, negotiate, accept an offer, and close — without a judge approving the price first. Notice to interested parties is often still required, but a hearing generally isn't.
Supervised or formal administration. Other states, or an estate specifically placed under closer court supervision, require a petition to sell, a formal notice period, and sometimes a confirmation hearing where the court reviews the sale price before it can close — and in some of those states, anyone present can overbid the accepted offer at the hearing itself.
What the sale actually costs
Beyond the ordinary real estate commission, a probate sale can carry its own extra costs: a court-ordered or referee appraisal in some states, recording and transfer costs at closing, and, where the executor's statutory compensation is a percentage of the estate's value, the sale proceeds can enlarge that compensation base rather than sitting outside it.
What happens tax-wise after the sale
Inherited real estate generally receives a stepped-up basis — its tax basis resets to fair market value as of the date of death, rather than what the original owner paid for it. A sale soon after death, near that value, typically produces little or no taxable capital gain; tax applies only to appreciation that happens after the date of death, and each state page covers this alongside any state-specific wrinkle.