Estate has only a house — and that can feel overwhelming when you’re already dealing with a loss. You are not alone in this. Millions of families face this exact situation every year. The good news is there is a clear path forward. However, the steps depend on your state’s laws and whether the owner planned ahead. In most cases, you have more options than you think. When the estate has only a house, the process is often simpler than a large, complicated estate.
Where You Stand: Estate Has Only a House
When the estate has only a house, one big question comes up right away. Does the house have to go through probate? The answer depends on how the home was titled. If the deed already names a surviving owner or beneficiary, probate may not be needed at all. For example, a home held in joint tenancy with right of survivorship passes automatically to the surviving owner.
If there is no such arrangement, the house typically must go through probate. Each state sets its own rules for how long this takes and what it costs. Some states offer simplified probate for smaller estates. However, most small estate shortcuts exclude real property — meaning the house itself may not qualify. As a result, even when the estate has only a house, full probate may still be required.
| State | Small Estate Limit | Includes Real Property? | Transfer-on-Death Deed Available? |
|---|---|---|---|
| California | $208,850 (real property: $69,625) | Yes, up to $69,625 | Yes |
| Texas | $75,000 (excludes homestead) | No | Yes |
| Florida | $150,000 (effective July 1, 2026) | No (homestead exempt) | No |
| New York | $50,000 (personal property only) | No | No |
| Michigan | $53,000 | No | Yes |
As the table shows, most states do not let you use a small estate affidavit for a house. In most cases, if the estate has only a house and no probate shortcut applies, you will need to open a standard probate case. However, in states that allow transfer-on-death deeds, families who planned ahead may avoid probate entirely.
What to Do First (Step by Step)
When the estate has only a house, start with these steps. First, locate the deed to the property. Check how ownership is listed. Look for language like “joint tenants with right of survivorship” or “transfer on death.” Second, search for a will or trust. Check the deceased person’s files, safe deposit box, and with any attorney they may have used. Third, contact the county recorder’s office to get a copy of the current deed if you cannot find one.
Fourth, call the probate court in the county where the house is located. Ask about their self-help services. Many courts have free help desks, printed guides, and fill-in-the-blank forms. Fifth, gather the death certificate — you will need certified copies. Typically, you should order at least four to six copies from the vital records office.
If the estate has only a house and no will exists, the home will pass under your state’s intestacy laws. This usually means the surviving spouse or children inherit, but the exact shares vary by state. Contact your probate court or a licensed attorney to find out how your state handles this.
How to Protect Yourself and Keep Records
When the estate has only a house, good record-keeping protects everyone involved. Start a file — physical or digital — for every document related to the estate. Keep copies of the deed, the death certificate, any will or trust, court filings, and all correspondence with banks or government offices.
If you are named as executor or personal representative, you have a legal duty to manage the property responsibly. That means keeping up with property taxes, homeowner’s insurance, and basic maintenance until the house is transferred or sold. For example, if the insurance lapses and the house is damaged, the estate — and you personally — could be held responsible. Pay bills from estate funds, not your own pocket, and keep receipts for everything.
Get everything in writing. If family members agree on how to handle the house, put that agreement on paper. Verbal agreements can fall apart when money or emotions are involved. However, even a simple written agreement is not a substitute for a court order when one is required. When the estate has only a house, disputes over who gets it can become painful fast. Written records help prevent misunderstandings.
When to Get Help (Probate Court or an Attorney)
You do not always need a lawyer when the estate has only a house. Many families handle straightforward probate on their own using court self-help resources. Your state’s probate court website is the best starting point. Most courts post step-by-step instructions, required forms, and filing fee schedules online. For example, California’s courts offer a detailed self-help guide at their judicial branch website.
However, you may want to contact a licensed attorney if any of these apply. There is a dispute among family members about the house. The deceased owed significant debts or had liens on the property. The house is in more than one state. There are questions about property taxes or capital gains tax on a future sale. In most cases, an initial consultation with a probate attorney costs between $150 and $350 — and some offer free consultations.
If cost is a concern, look into free legal aid. Every state has legal aid organizations that help low-income families with probate matters. You can find your local office through LawHelp.org or the Legal Services Corporation. Many bar associations also run lawyer referral programs with reduced-fee first appointments. When the estate has only a house, the right help at the right time can save the family thousands of dollars and months of stress.
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Planning Ahead: Keeping the House Out of Probate
If you are reading this as a planner — not in the middle of a loss — you have options. In the 32 states that allow transfer-on-death deeds, you can name a beneficiary on your house deed right now. The deed takes effect only at death. You keep full control during your lifetime. You can sell the house, refinance it, or change the beneficiary at any time. Typically, the form costs under $50 to record with your county.
Another option is a revocable living trust. You transfer the house into the trust while you are alive. When you pass away, the successor trustee distributes it without probate. This costs more to set up than a transfer-on-death deed. However, it may be worth it if you own property in more than one state. When the estate has only a house, a transfer-on-death deed is often the simplest and least expensive route — but check whether your state allows it first.
Frequently Asked Questions
Can I live in the house while probate is happening?
In most cases, yes — especially if you are a surviving spouse or were already living there. However, you may need the court’s permission to make major changes or take on new expenses. Check with the probate court in your county for specific rules.
What if the estate has only a house and there are still debts?
Creditors may have a claim against the estate, even when the estate has only a house. The executor must notify known creditors and publish a notice for unknown ones. Typically, creditors have 3 to 12 months to file a claim, depending on the state. The house may need to be sold to pay valid debts.
Do I owe taxes when I inherit a house?
You generally do not owe federal income tax just for inheriting a house. The property gets a “stepped-up basis” equal to its fair market value at the date of death. However, if you sell the house later for more than that value, you may owe capital gains tax on the difference. In 2026, the federal estate tax exemption is $13.99 million per person, so most families will not owe federal estate tax.
Where to get real help, free or low-cost
You do not have to figure this out alone, and you do not need to buy anything to get started. Your state’s probate court usually has a self-help desk, and free legal aid can walk you through the next steps.
- Your state probate (or surrogate’s) court: search “[your state] probate court self-help” for free forms and instructions.
- Free legal aid: lawhelp.org — find free and low-cost legal help in your state.
- Eldercare and benefits help: eldercare.acl.gov — connects families with local support.
Sources & How to Verify
The information on this page is drawn from official government and court sources. Estate, probate, and tax rules change, so always confirm the exact figure with your state’s court, statute, or a licensed attorney.
- IRS — Estate Tax: irs.gov — federal estate-tax rules and exemption
- Find free legal help: lawhelp.org — free and low-cost legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state probate code & court self-help portal: search “[your state] probate code” and “[your state] probate court self-help” for the exact law and forms
Content last reviewed June 2026. If you notice outdated information, please contact us.
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Informational only — not legal or tax advice. Wills Probate Guide is an independent educational resource, not a law firm, tax advisor, or financial planner, and this page does not provide legal or tax advice. Estate, probate, and tax rules vary by state and change over time, so always verify the exact rule with your state’s probate code, your local probate court’s self-help portal, or a licensed attorney. For urgent matters like an active probate or a tax deadline, contact a licensed attorney in your state right away.