What probate means
Probate is the court process for settling someone's estate. In Mississippi, it's handled by the chancery court in the county where the person lived. The court confirms who is in charge of the estate and makes sure debts are paid before property goes to heirs.
Who can sell the house?
If there's a will, the court usually appoints the named executor and issues letters testamentary. If there's no will, the court appoints an administrator and issues letters of administration. That person is generally the one who can sign to sell, and some sales need court approval. If several heirs inherit together, they may all need to agree.
Creditors and timing
Mississippi requires the estate to publish a notice to creditors, and creditors generally have 90 days from the first publication to file claims. Many estates wait for that window to close before distributing money, though the house can often be listed or put under contract earlier with the court's permission.
Your options for an inherited house
- Keep it, if one heir wants to live there or rent it
- List it as-is with an agent
- Make light repairs and list for top price
- Sell to a cash buyer for speed and to skip the cleanout
- Use a novation, where an investor funds repairs and you share in a higher sale
Things heirs often overlook
- Keep the house insured and the utilities on, especially if it's empty
- Check for liens, back taxes or a reverse mortgage
- Remove valuables before showings
- Ask a tax professional about stepped-up basis and capital gains
- Have the estate attorney review any contract before you sign
Why work with a licensed agent who is also an investor
Most sellers have to pick a side: call a cash buyer and hope the offer is fair, or call a realtor and wait for a retail buyer. Travis can do both, and he'll show you the numbers for each before you decide.
- He invests himself. Travis can make a direct cash offer on some homes, as a principal, with his license status disclosed.
- He knows other investors. If a home isn't a fit for him, he can bring it to local buyers he already works with, so you can compare more than one offer.
- He finds investors on the MLS. As a licensed agent, he can list the home where agents and their investor clients look every day, which can bring more competition than a single "we buy houses" call.
- He's licensed in Mississippi. That means written agreements, clear disclosures and a duty to deal honestly with you.
Frequently asked questions
Can I sell a house that's in probate in Mississippi?+
Usually, yes, once the court appoints an executor or administrator. Some sales need court approval, so work with the estate's attorney.
Who signs to sell an inherited house?+
Generally the court-appointed executor or administrator. If heirs own the house together, they may all need to sign.
How long does probate take in Mississippi?+
It varies, but creditors generally have 90 days after the first published notice to file claims, so most estates take at least several months.
Do I have to fix up an inherited house before selling?+
No. You can sell as-is to a cash buyer or list it as-is. Travis can show you whether repairs would pay off.
What if the inherited house has a mortgage?+
The loan still has to be paid, usually from the sale. Keep paying if possible and contact the servicer about the owner's death.
Do I pay taxes when I sell an inherited house?+
Inherited property often gets a stepped-up tax basis, which can reduce capital gains. Ask a tax professional about your situation.
Talk it through with Travis
No pressure. He'll show you a cash option and a listing option side by side, so you can choose.
Related guides
This guide is general information, not legal or tax advice. Talk with an attorney or tax professional about your situation. Travis DeLoach is a licensed real estate agent in Mississippi (MS License # S62442) with Luxury Southern Realty. When we or our partners purchase a property directly, we do so as principals and disclose our license status.