Selling a house when the owner died without a will in PA, NJ, DE or FL
Short answer
You can sell a house when the owner died without a will, but first someone needs legal authority to sign. That usually means applying for letters of administration from the county probate office: the Register of Wills in Pennsylvania and Delaware, the Surrogate in New Jersey, or the circuit court in Florida. State intestacy law decides who inherits and who has priority to serve as administrator, and in some cases every heir has to agree or sign.
Who inherits when there's no will
Dying without a will is called dying intestate. Each state has a statute that names the heirs in order. The table below compresses the main cases; the statutes have more detail for half-siblings, step-children, adopted children and partial wills.
| Family left behind | Pennsylvania | New Jersey | Delaware | Florida |
|---|---|---|---|---|
| Spouse, no children, no parents | Spouse takes all | Spouse takes all | Spouse takes all | Spouse takes all (no descendants) |
| Spouse and parents, no children | Spouse: first $30,000 plus half the rest | Spouse: first 25% (at least $50,000, at most $200,000) plus three-fourths of the rest | Spouse: first $50,000 of personal estate plus half the rest, and a life estate in the real estate | Spouse takes all |
| Spouse and children who are all the spouse's too | Spouse: first $30,000 plus half the rest | Spouse takes all, if the spouse has no other descendants | Spouse: first $50,000 of personal estate plus half the rest, and a life estate in the real estate | Spouse takes all, if the spouse has no other descendants |
| Spouse and a child from another relationship | Spouse: half | Spouse: first 25% (at least $50,000, at most $200,000) plus half the rest | Spouse: half the personal estate, and a life estate in the real estate | Spouse: half |
| No spouse | Children (and grandchildren of a child who died), then parents, then brothers and sisters and their descendants, then more distant relatives in the order each statute sets | |||
| Source | 20 Pa.C.S. §§ 2102, 2103 | N.J.S.A. 3B:5-3, 3B:5-4 | 12 Del. C. §§ 502, 503 | Fla. Stat. 732.102, 732.103 |
A few state details change who has to be involved in a sale:
- Pennsylvania. Section 2103, as amended by Act 50 of 2025, sends an estate with no surviving relatives in the listed classes to an endowed community fund in the decedent's municipality, school district or county, and only then to the Commonwealth (20 Pa.C.S. § 2103(a)(6)).
- New Jersey. The same rules cover a partner in a civil union or a domestic partner. A spouse or partner in a pending divorce or dissolution case, or with a signed settlement or cut-off agreement, doesn't count as a surviving spouse for intestacy (N.J.S.A. 3B:5-3(d)). If no closer relatives survive, step-children can inherit (3B:5-4(f)).
- Delaware. Where there are children or parents, the spouse's share of the real estate is a life estate (12 Del. C. § 502). Property passing to two or more heirs passes to them as tenants in common (§ 503(b)).
- Florida. A homestead is treated differently. If the owner leaves a spouse and descendants, the spouse takes a life estate and the descendants take the remainder; the spouse can instead elect a one-half interest as a tenant in common, within 6 months after the death (Fla. Stat. 732.401).
Getting letters of administration
Letters of administration are the court's document naming the administrator, the person who can collect assets, pay debts and sign for the estate. Each state sets an order of priority.
Pennsylvania
The county Register of Wills grants letters, except for good cause, in this order: the surviving spouse, then those entitled under the intestate law as the Register judges best, with preference by the size of their shares, then principal creditors, then other fit persons. Creditors and other fit persons can't get letters until 30 days after the death unless the family consents (20 Pa.C.S. § 3155(b)–(c)).
In Philadelphia, you file a petition for letters of administration with the Register of Wills, bringing an original death certificate, an estimate of the estate's value and a valid ID. If there are several heirs, they must agree: either renounce in favor of one administrator or act together as co-administrators. If they can't agree, any of them can petition for a hearing (City of Philadelphia).
New Jersey
Administration goes first to the surviving spouse or domestic partner, then to the other heirs. If the heirs don't claim it within 40 days after the death, the court or the Surrogate may grant letters to any fit person (N.J.S.A. 3B:10-2). The Camden County Surrogate explains that someone without first priority must file renunciations from those ahead of them, and that a surety bond may be required, set by the Surrogate once the estate's assets are known (Camden County Surrogate, Administration of an Estate).
Delaware
The Register of Wills in the county where the person lived grants letters. The first class with a living member has priority: spouse; then children; then parents; then brothers and sisters. If everyone in that class renounces, the Register appoints whomever they all agree to in writing. If no petition is filed within 60 days of the death, the Register can appoint someone at its discretion. Administrators give bond (12 Del. C. §§ 1504–1505).
Delaware's small-estate affidavit doesn't help with a house: it can't be used if the person owned Delaware real estate alone or as a tenant in common (12 Del. C. § 2306). See selling an inherited house in Delaware.
Florida
In an intestate estate, the court prefers the surviving spouse, then the person chosen by a majority in interest of the heirs, then the heir nearest in degree (Fla. Stat. 733.301(1)(b)). Smaller estates may qualify for summary administration instead; our Florida inherited-house guide explains the current limit.
Who signs the deed
This is where intestate sales get stuck, so confirm it with the title company before you sign a contract.
- Pennsylvania. The administrator has the right to take possession of and manage the real estate (with an exception for a house an heir was living in with the owner's consent) and can sell real property not specifically devised (20 Pa.C.S. § 3311; § 3351). If the administrator had to post bond, sale proceeds aren't paid over until the court addresses the security (§ 3351).
- New Jersey. Unless the appointing order limits it, a fiduciary has the power to sell estate real property, including the decedent's real estate, at public or private sale (N.J.S.A. 3B:14-23(e)). Before closing, New Jersey's inheritance tax waiver rules also apply; see selling an inherited house in New Jersey.
- Delaware. The heirs take the real estate as tenants in common (12 Del. C. § 503(b)), and a spouse may hold a life estate (§ 502). Separately, if the personal estate isn't enough to pay the debts, the administrator can petition the Court of Chancery to sell real estate, with at least 10 days' written notice to interested parties (12 Del. C. § 2701); a sale under that chapter is by public auction or by private sale approved by the Court (§ 2706).
- Florida. An administrator of an intestate estate may sell real property at public or private sale when it's in the best interest of the estate, but no title passes until the court authorizes or confirms the sale (Fla. Stat. 733.613(1)). Homestead property has its own rules; see our Florida guide.
When heirs disagree or can't be found
A sale is simplest when every heir agrees on the price and the administrator. If they don't, the probate office or court decides who serves (for example, a Philadelphia heir can petition for a hearing), and an heir who owns a share can ask a court to partition the property. Our state guides cover partition: Pennsylvania and Florida. If an heir has died, that heir's share can pass to their own descendants or estate, which can add signers.
Selling the house
- Secure the house. Keep insurance in force, pay utilities and taxes, and keep track of what you spend; an administrator may need to account for it.
- Get letters first. A buyer's title company will ask for them, plus a death certificate and, in some states, tax waivers or releases.
- Collect the mortgage payoff and lien search. Mortgages and other liens are paid at closing from the sale price. See selling a house with liens or judgments, and our reverse mortgage guide if the owner had one.
- Decide how to sell. Many estate houses sell as-is. Estate fiduciaries are exempt from Pennsylvania's seller disclosure statement, and Delaware has a similar exemption; see disclosure when selling as-is.
- Distribute the proceeds. After debts, taxes and costs, the money goes to the heirs in the shares the statute sets.
What our process looks like
We buy inherited houses as-is, including ones full of belongings, and close through a licensed title company once the administrator has authority. We can wait while letters are issued and work with your estate attorney on the closing date. See our local pages for inherited houses in Philadelphia and the state pages for Pennsylvania, New Jersey, Delaware and Florida.
Frequently asked questions
Can you sell a house if the owner died without a will?
Yes. Someone usually has to be appointed administrator first by getting letters of administration from the county probate office. Then the administrator, and in some cases the heirs, sign the deed.
Who has the right to be administrator when there's no will?
The surviving spouse comes first in Pennsylvania, New Jersey, Delaware and Florida. After that, each state turns to the heirs: Delaware lists children, then parents, then siblings, and Florida prefers the person chosen by a majority in interest of the heirs.
Do all the heirs have to agree to sell?
Often, in practice. In Philadelphia, multiple heirs must agree on an administrator or act as co-administrators. In Delaware the heirs take the real estate as tenants in common, so their signatures may be needed, and a spouse may hold a life estate.
Does a surviving spouse get the whole house?
Not always. A spouse takes everything when there are no children or parents in all four states, but the share shrinks when the owner left children from another relationship, and in Delaware the spouse's share of real estate is a life estate when children or parents survive.
Does a Florida sale need court approval if there's no will?
Yes, generally. An administrator of an intestate estate can sell real property, but title doesn't pass until the court authorizes or confirms the sale.
Can I use a small-estate affidavit to sell a Delaware house?
No. Delaware's small-estate affidavit can't be used if the person owned Delaware real estate in their name alone or as a tenant in common.
Sources
- Pennsylvania General Assembly, 20 Pa.C.S. § 2101, § 2102, § 2103 (as amended Nov. 24, 2025, P.L.308, No.50), § 3155, § 3311, § 3351
- City of Philadelphia, Begin the probate process (without a will)
- New Jersey Statutes: 3B:5-3, 3B:5-4, 3B:10-2, 3B:14-23
- Camden County Surrogate's Court, Probate FAQ and Administration of an Estate
- Delaware Code, Title 12: Chapter 5 (§§ 501–503), Chapter 15, Subchapter I (§§ 1504–1505), § 2306, Chapter 27 (§§ 2701, 2706)
- Florida Statutes (2026): 732.101, 732.102, 732.103, 732.401, 733.301, 733.613
This is general information, not legal or tax advice. Intestate estates turn on family facts, such as prior marriages, children from other relationships and heirs who have died. Talk to an estate attorney or the county probate office before you sign a sale contract.