To inherit a house, first confirm legal heir status by reviewing a will or state intestacy laws if no will exists. Locate the original will or a certified copy, then file a petition with the probate court to establish inheritance rights. The court will issue an inheritance letter, which is required to transfer ownership. If multiple heirs exist, they must agree on the property’s distribution or follow probate court guidelines. For tax purposes, report the inheritance to the IRS and settle any estate taxes or inheritance taxes due. If the house is sold, the proceeds are distributed according to the will or state laws.

The probate process ensures legal ownership transfer and prevents disputes by formalizing heirship. In the U.S., probate typically takes 6–12 months and costs 3–7% of the estate, as reported by the National Association of Probate Judges. State intestacy laws, which apply to 60% of estates without a will, determine heirs based on familial relationships, as noted in a 2023 American Bar Association study. Estate taxes apply only if the net estate exceeds $13.61 million (2024 federal threshold), but inheritance taxes vary by state, affecting heirs’ final proceeds. Legal documentation and court oversight mitigate risks of fraud or mismanagement, safeguarding assets for beneficiaries. Proper adherence to these steps avoids delays, tax penalties, and ownership challenges, ensuring a smooth transition.