Inherited a house in Philadelphia? Start here
When a parent, grandparent or other relative dies and leaves a rowhome or twin in Philadelphia, the family has to sort out who is allowed to sell it, what taxes are owed, how to keep the property taxes and water bill from piling up, and whether to keep, rent or sell the house. Philadelphia adds a few twists of its own: the City and County are the same place, so the estate goes through the Register of Wills in City Hall; many family homes have a tangled title because an earlier owner died without the estate ever being settled; and the City’s realty transfer tax is one of the highest in Pennsylvania.
This guide walks through each step using the Pennsylvania statutes and the published information of the City of Philadelphia, the Register of Wills, the Philadelphia courts and the PA Department of Revenue, checked on November 14, 2026. It is general information, not legal advice. An estate attorney can tell you how the rules apply to your family.
Who can sell the house
A house titled in the name of the person who died, alone, can’t be sold until someone has legal authority to sign the deed. In Pennsylvania that person is the personal representative: an executor named in the will, or an administrator when there is no will. The Philadelphia Register of Wills handles the estate when the person was a Philadelphia resident, or held real property in Philadelphia without holding personal property in another state.
| Situation | Who signs | What the law says |
|---|---|---|
| There is a will naming an executor | The executor, after the Register grants letters testamentary | Letters testamentary go to the executor named in the will (20 Pa.C.S. § 3155(a)). Unless the will says otherwise, the personal representative may sell, at public or private sale, real estate that is not specifically left to someone (§ 3351). |
| The will leaves the house to a specific person | The executor, with that person joining the sale | Specifically devised real estate can be sold “with the joinder of the specific devisee” (§ 3351). |
| The will takes away the power to sell, or a judicial sale is advisable | The personal representative, with a court order | The Orphans’ Court Division can authorize the sale (§ 3353). |
| There is no will | An administrator, after the Register grants letters of administration | The Register grants letters in a priority order set by § 3155(b): those entitled to the residuary estate under a will, the surviving spouse, then heirs. The Register of Wills says a sole beneficiary typically qualifies; when there are several heirs, they either renounce in favor of one administrator or act together as co-administrators. |
| The house was owned jointly with a right of survivorship | Usually the surviving owner | Survivorship property generally passes outside the estate. Property owned jointly by spouses is exempt from Pennsylvania inheritance tax (PA Department of Revenue). |
If the heirs can’t agree on who should serve, the Register of Wills says one or all of them may petition for a hearing, and the Register may decide whom to appoint, even an independent administrator. Two other details catch families off guard. If a relative is living in the house with the consent of the person who died, the personal representative does not automatically take possession of it, but that does not affect the power to sell it (§ 3311(a)). And if a bond was required, the sale proceeds can’t be paid to the personal representative until the court rules on additional security (§ 3351).
Opening the estate at City Hall
The Register of Wills Probate Department is in City Hall, Room 180, Philadelphia, PA 19107, open Monday through Friday, 8 a.m. to 4 p.m. except holidays (215-686-6255). Per the City’s instructions:
- With a will: bring the original will, an original death certificate, an estimate of the estate’s value and a valid ID, and complete the petition for probate and grant of letters testamentary at your appointment.
- Without a will: bring an original death certificate, an estimate of the estate’s value and a valid ID, and complete the petition for grant of letters of administration.
- Fees depend on the size of the estate (see the Register’s fee schedule) and can be paid by Visa, Mastercard, certified check or money order.
- Short certificates, the documents a title company and banks ask for to prove you are the personal representative, can be ordered as part of the process. The Register can explain the steps but can’t give legal advice.
Tangled titles: when the deed is in someone else’s name
A common Philadelphia situation: the house is still in the name of a grandparent or parent who died years ago, the family kept living there or paying the bills, and no estate was ever opened. The City calls this a tangled title. It often happens when the owner died without a will or before probate was finished. Without clear title, the City notes, you can’t get home loans or grants and will have trouble getting homeowner’s insurance, tax and utility assistance, or licensed contractors, and the property is more vulnerable to foreclosure and deed fraud. You also can’t give a buyer clear title until the right person has authority to sign.
- Title Clearance Unit. The Register of Wills’ Title Clearance Unit in City Hall, Room 183 (215-686-6262, walk-ins 8 a.m. to 4 p.m.) helps income-qualified residents. It can help determine whether there was a will, prepare probate documents, search for lost or unknown heirs, identify the title owner, help prepare deeds in modest cases (with recording fees waived for qualified residents), and identify liens, delinquent taxes, judgments, mortgages and Licenses and Inspections violations on the property.
- Tangled Title Fund. The City’s Division of Housing and Community Development funds a grant program that helps residents clear their homes’ titles.
- Save Your Home Philly Hotline. Run by Philadelphia Legal Assistance in partnership with the City, the hotline at 215-334-HOME (4663), weekdays 9 a.m. to 5 p.m., handles mortgages, sheriff sales and tangled titles.
Clearing a tangled title can mean opening more than one estate if ownership skipped a generation. It takes time, but it is usually what turns an unsellable house into one an heir can sell, keep or refinance. If you want to sell, tell any buyer, including us, about the title problem up front so the closing timeline accounts for it.
Is there a shortcut for small estates?
Pennsylvania lets the Orphans’ Court distribute a small estate without a full administration when the person’s property is worth no more than $50,000. That limit leaves out real estate, and the procedure is used to distribute personal property such as bank accounts and cars (20 Pa.C.S. § 3102). If the house was in the decedent’s name alone, plan on opening an estate.
What happens after letters are granted
- Advertise the estate. Right after letters are granted, the personal representative must publish notice once a week for three successive weeks in a local newspaper and in the court’s designated legal periodical (20 Pa.C.S. § 3162).
- Notify the family. Within three months after letters are granted, the personal representative or the estate’s attorney must send a written notice of estate administration to the will’s beneficiaries, the decedent’s spouse and children, and every intestate heir when there is no will, then file a certification of notice with the Register within ten days (Pa. O.C. Rule 10.5).
- Mind the claims window. A personal representative who distributes estate property at their own risk is protected from creditors whose claims weren’t known within one year after the first complete advertisement of the letters (§ 3532(a)). These rules mostly affect when money can safely go out to heirs, which is one reason many estates sell the house and hold the proceeds until bills are settled.
- File the inheritance tax return (below), and keep the house insured, secured and current on Real Estate Tax and the water bill while the estate is open.
Who inherits when there is no will
A surviving spouse takes everything if the decedent left no children (or other descendants) and no parent. If there are children who are all also the spouse’s children, or no children but a surviving parent, the spouse takes the first $30,000 plus half of the rest. If any child is not the spouse’s, the spouse takes half (20 Pa.C.S. § 2102). Whatever the spouse doesn’t take goes, in order, to the decedent’s descendants, then parents, then brothers and sisters and their descendants, then grandparents and their descendants, then aunts, uncles and their children and grandchildren (§ 2103). When several heirs share a house, every one of them usually has to agree to a sale or sign off through the estate.
Pennsylvania inheritance tax on the house
Pennsylvania taxes the value of what each person receives, including a house, whether or not it is sold. The rate depends on who inherits (PA Department of Revenue):
| Who inherits | Rate |
|---|---|
| Surviving spouse; a parent inheriting from a child aged 21 or younger; a child aged 21 or younger inheriting from a parent | 0% |
| Children, grandchildren and other lineal descendants, parents and grandparents | 4.5% |
| Brothers and sisters (including half-siblings) | 12% |
| Everyone else, such as nieces, nephews, cousins, in-laws and friends | 15% |
- When it’s due. The tax is due at death and becomes delinquent nine months after the date of death. If it is paid within three months of the death, a 5% discount applies.
- Where to pay. Resident payments go to the Register of Wills of the county where the person lived. The Philadelphia Register of Wills acts as the agent for filing and paying inheritance tax.
- The return. The inheritance tax return (REV-1500) is due within nine months of the death. An extension to file does not extend the time to pay.
For federal income tax, inherited property generally takes a basis equal to its fair market value on the date of death (IRS Publication 551), so a sale near that value often produces little or no taxable gain. Ask a tax professional about your numbers.
Philadelphia’s realty transfer tax
Philadelphia charges a realty transfer tax when a deed is recorded. The City’s Department of Revenue lists these rules:
| Item | What the City says |
|---|---|
| Rate | 3.578% City + 1% Commonwealth = 4.578% of the sale price plus any assumed debt. On a $200,000 sale, that is $9,156 in total. |
| Who pays | Usually split evenly between buyer and seller, but that is not a legal requirement, and the City can collect 100% from either party. |
| Heirs taking title | Most transfers between spouses, parents and children, grandparents and grandchildren, and siblings are exempt with documentation. Transfers under a will can be exempt, but not always: tax is due if mortgages, liens or debts on the property aren’t paid at the time of transfer. |
| Selling out of the estate | Properties purchased from an estate are not exempt. The City’s example: a house willed to several people and then sold to one of them is taxable. |
So a sale from the estate to an outside buyer is taxed, and the agreement of sale decides how it is split. Read any written offer, including ours, to see who pays the transfer tax and which closing costs.
Back taxes and sheriff sale risk
Philadelphia Real Estate Tax keeps coming due while an estate is open. Per the City’s Department of Revenue:
- Rate and due date. The City lists a combined City and School District rate of 1.3998% of the assessed value, due March 31 each year. Bills usually go out in December.
- If it isn’t paid. Additions of 1.5% a month accrue from April 1 until January 1 of the next year. If the tax is still unpaid on January 1, a 15% maximum addition applies, the taxes are registered delinquent, liens are filed, and the City can begin the process of selling the home at a sheriff sale.
- Heirs living in the house. The Owner-Occupied Payment Agreement (OOPA) lets homeowners pay past-due taxes monthly with no down payment, with some low-income and senior households paying as little as $0. The City says you may be eligible even if your name is not on the deed, as long as you live there and have a legal interest in the property.
- The City also lists a current-year installment plan, the Homestead Exemption, senior and low-income tax freezes, and the Longtime Owner Occupants Program (LOOP).
Look up the balance on the Philadelphia Tax Center before you price the house. In a sale, delinquent taxes are normally paid from the proceeds at closing. Our guide to selling a house with back taxes covers the general options.
If there is still a mortgage
The mortgage does not go away when the owner dies, and the payments still need to be made while the estate is settled. Federal law generally stops a lender from calling a home loan due just because a 1-4 family house passed to a relative at death (12 U.S.C. § 1701j-3(d)), which gives the family time to decide what to do.
If a foreclosure has already been filed, Philadelphia’s Court of Common Pleas runs the Residential Mortgage Foreclosure Diversion Program. When a lender files against a residential owner-occupied home, the court schedules a conciliation conference and issues an order preventing the lender from entering judgment until the conferences are over. Homeowners are told to call the Save Your Home Philly Hotline first, and a housing counselor is provided free. If you live in the inherited house, ask the hotline whether your case qualifies. See also our guides on selling when you’re behind on payments and selling a house facing foreclosure.
Philadelphia issues that come up with inherited houses
- Older rowhomes. Roofs, masonry, old wiring and plumbing, and basement water are common repair items in older Philadelphia housing, and a retail buyer’s lender or inspector will often flag them.
- A house full of belongings. Clearing out a lifetime of possessions takes time. When you sell to us, you can take what you want and leave the rest.
- Heirs who live out of town. Much of an estate sale can be handled by phone, email and mail, with signing arranged through the title company.
- A vacant house over the winter. Keep the heat on, the pipes protected and the insurance active, and tell the insurer the house is vacant. See our vacant house guide.
- Tenants in place. The estate steps into the landlord’s shoes. See our guide to selling with tenants.
Your options for an inherited Philadelphia house
| Option | Best when | Watch out for |
|---|---|---|
| Keep it or move in | An heir wants the house and can buy out the others or cover the costs. | Inheritance tax, Real Estate Tax, insurance and any mortgage still need to be paid, and the title has to be cleared into the heir’s name; co-heirs should agree in writing. |
| Rent it out | The house is in good shape and someone can manage it. | The estate or heirs become a landlord, with repairs, tenants and the City’s rental licensing rules. |
| List it with an agent | The house is updated, the title is clear, the estate has time and money for repairs and showings, and all heirs agree. | Commissions, the seller’s share of the transfer tax, repairs a buyer’s lender may require, and months of carrying costs. |
| Sell as-is for cash | The house needs work, has tenants or belongings, taxes are behind, or heirs are out of town and want a certain closing date. | A cash offer is usually below full retail value. Compare it with what the estate would net after repairs, commissions and carrying costs. |
How a sale to Trusty House Buyers works with an estate
- Talk to us early. You don’t need letters in hand to get a number. Tell us about the house, where the estate stands, and any title, tax, mortgage or repair problems. Call or text (912) 978-4404.
- Get a written cash offer. We buy as-is: no repairs, no clean-out, no showings and no agent commissions. Read the offer to see exactly who pays which closing costs and the realty transfer tax.
- Contract with the right signer. We sign with the executor or administrator once the Register has granted letters, and we work with the estate’s attorney on any court approval or title work the sale needs.
- Close on the estate’s timeline. A title company pays off the mortgage, delinquent taxes and other liens from the sale. The rest goes to the estate, which pays the inheritance tax and distributes what is left.
What to gather
- Certified death certificates for the owner (and for any earlier owner still on the deed)
- The original will, if there is one, and the letters and short certificates
- The deed, recent Real Estate Tax bills and any delinquency or sheriff sale notices
- The latest mortgage statement and any home equity loan or reverse mortgage paperwork
- Water, gas and electric account numbers, and the homeowner’s insurance policy
- Leases, rent records, security deposit records and the rental license, if the house is rented
- Names and contact details for every heir or beneficiary
Related guides
Sources: 20 Pa.C.S. §§ 2102, 2103, 3102, 3155, 3162, 3311, 3351, 3353 and 3532 (Pennsylvania General Assembly); Pa. Orphans’ Court Rule 10.5 (231 Pa. Code r. 10.5); PA Department of Revenue inheritance tax page and REV-1500 instructions; City of Philadelphia Register of Wills, probate with a will, probate without a will, clearing your home’s title, Realty Transfer Tax, Real Estate Tax and OOPA pages; Philadelphia Courts Residential Mortgage Foreclosure Diversion Program; Philadelphia Legal Assistance Save Your Home Philly Hotline; 12 U.S.C. § 1701j-3; IRS Publication 551. Checked November 14, 2026. This is general information, not legal advice. Talk with a Pennsylvania estate attorney about your situation.