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What are the rules for selling inherited real estate?
Knowledge
November 13 2025
Selling inherited real estate requires a specific approach, combining inheritance law, taxes, and practical matters. You have to deal with heirs who need to reach an agreement, tax obligations that need to be settled, and administrative steps before you can even sell. This article answers the most important questions about the process of selling an inherited property, so you know what to expect and what steps to take.
Who decides what happens to an inherited home?
The decision regarding an inherited property lies with all heirs jointly, unless the will stipulates otherwise. If there are multiple heirs, you must jointly agree on the sale or retention of the property. In a will, the deceased may have specified specific wishes regarding the distribution or intended use of the property.
Without a will it applies statutory inheritance law, where the home is part of the estate, which is divided according to fixed rules. Spouses and children are usually the heirs. If there are multiple heirs, the home becomes jointly owned. This means that no one can decide independently to sell.
Experience shows that not all heirs always have the same wishes. One might want to sell quickly, while another wants to keep the property or live in it themselves. In such a situation, consultation is important. Sometimes it helps to have an independent appraisal done so everyone knows the property's value. If you really can't reach an agreement, an heir can consider a buyout or request a division from the subdistrict court.
With a will containing a survivorship clause, the home often remains with the surviving spouse, even if the children are legal heirs. The home is only actually divided after the death of both parents. Note that some wills contain specific conditions regarding sale, such as the home first being offered to certain family members.
What taxes do you pay when selling inherited real estate?
With inherited real estate you pay inheritance tax The value of the home at the time of death. The amount depends on your relationship to the deceased and the total value of the inheritance. Partners have an exemption of approximately €680.000, children approximately €21.000, and other heirs only €2.000. Inheritance tax must be paid within eight months of death.
During the inheritance, the property falls under Box 3 if you don't live in it yourself. You then pay wealth tax on the value. If you sell it within the estate, you don't have to pay income tax, because the sale of a privately owned home is tax-free. This also applies to inherited properties that you sell.
The timing of the sale does make a difference to your tax position. If you sell the property quickly, you only pay inheritance tax on the value at the time of your death. If you wait longer, you also pay wealth tax for the period you own the property. The situation changes for rentals: rental income is taxed in box 1, and if you sell it later, there may be a taxable transfer price if the value has increased.
A practical tip: the sales price you receive within a reasonable time after the death can often be used as proof of the value at death. This can be useful for filing inheritance tax returns. Keep all documents in good order, as the Tax and Customs Administration may request substantiation.
What do you need to arrange before you can sell an inherited home?
Before you can sell an inherited home, you need a declaration of inheritance This document proves that you (and any co-heirs) are the rightful owners. You can request this declaration from a notary, which usually takes a few weeks. Without this declaration, you cannot arrange a transfer of ownership with the notary.
After the declaration of inheritance, you must register the property with the Land Registry in the name of the heirs. This takes time and money, but is necessary to become the legal owner. Only then can you actually sell the property. If there are multiple heirs, you must all agree to the sale and the terms and conditions.
Practical matters that need to be arranged:
- Pay off or take over any mortgage (the mortgage is not automatically transferred to heirs)
- Inventory and settle the deceased's debts
- Empty the home and distribute or store personal belongings
- Cancel utilities or transfer them to the heirs' name
- Check and adjust insurance
- Inventory any deferred maintenance
Emptying a home often takes more time than you think, especially if there are a lot of belongings. Take your time and discuss with your heirs who wants to keep what. Before selling, it's important that the home is empty and clean, unless you decide to sell it furnished or unfurnished.
How do you determine the sales price of an inherited home?
The selling price of an inherited home is determined by a professional appraisal, not by the WOZ value. The WOZ value provides an indication, but is often not up-to-date enough to determine a realistic selling price. A real estate agent or appraiser will consider comparable homes in the neighborhood, their state of repair, and the current market situation.
De state of maintenance plays a major role in determining the price. A home that has been occupied for years by an older owner often has deferred maintenance. Think of outdated central heating systems, old window frames, or a dated bathroom. This lowers the selling price, unless you choose to renovate first. It's often smarter to sell at a discount than to invest in renovations yourself.
Emotional value versus market value is a key consideration when it comes to inherited real estate. The property may hold a lot of meaning for you, but buyers will only consider its market value. Try to stay realistic and listen to the advice of a real estate agent who knows the local market. In popular areas like Amsterdam and Het Gooi, the market value may be higher than you expect, but even there, the condition of the property will determine the final price.
Hiring a real estate agent is worthwhile when dealing with inherited real estate. You often have to deal with multiple heirs who need to reach an agreement, emotional aspects, and practical matters. A real estate agent provides objective advice on the selling price and helps you market the property effectively. This prevents you from bidding too low or too high.
How Your Home Makelaars helps with the sale of inherited real estate
We understand that selling an inherited property requires more than just buying or selling a house. It's often an emotional time where you have to make practical decisions. That's why we offer guidance that goes beyond standard real estate services.
Our support in inheritance matters:
- Professional valuation that you can use for both inheritance tax and sales price
- Advice on the best sales strategy, tailored to your situation and the condition of the property
- Guidance in complex inheritance situations involving multiple parties
- Practical help with emptying and presenting the house
- Transparent communication with all heirs, so that everyone stays informed
- Local market knowledge of Amsterdam and Het Gooi for realistic pricing
We take the time to understand your situation and help you determine the best approach. Whether you want to sell quickly or prefer to wait and see, we ensure the process runs smoothly. Our experience with inherited properties helps you make the right choices and achieve a good price.
Would you like to know more about how we can help you sell inherited real estate? Then please contact us. contact Contact us for a no-obligation consultation. We're happy to discuss your situation and advise you on the options available. You can also find more information about our services if you want to buy a house in Amsterdam or Het Gooi yourself after the sale.
FAQ
What happens if heirs cannot agree on the sale?
If heirs cannot reach an agreement, you can consider a buyout arrangement in which one heir buys out the others based on an independent appraisal. If that fails, an heir can petition the subdistrict court judge to order a division. The judge can then order the property to be sold and the proceeds to be divided. This is a last resort that takes time and money, so first try to reach an agreement through mediation or a notary.
Can I move into an inherited home instead of selling it?
Yes, that's possible, but you'll then have to buy out the other heirs for their share of the property's value. You'll often need a mortgage for this, and the bank will assess whether you have sufficient income to support it. Discuss this with the other heirs in a timely manner and have an official appraisal done to determine a fair buyout price. You'll also need to consider any inheritance tax you may have to pay.
How long does the entire process from inheritance to sale take on average?
The entire process takes an average of 6 to 12 months, depending on the complexity of the inheritance and how quickly the heirs reach an agreement. Applying for the certificate of inheritance usually takes 2-6 weeks, and the land registry registration another 2-4 weeks. This is followed by clearing the property and the actual sale, which can take 2-6 months depending on the market. For complex inheritances involving multiple parties or disputes, it may take longer.
Do I have to renovate the inherited home before selling it?
In most cases, it's financially more advantageous to sell the property in its current condition with a lower asking price, unless there are small, cost-effective improvements like painting or a thorough cleaning. Buyers of inherited homes often expect work to be done and factor this into their offers. Major renovations are time-consuming and expensive, and you rarely recoup this in the selling price. Discuss with your real estate agent what's worthwhile and what's not.
What if there is still a mortgage on the inherited home?
A mortgage doesn't automatically pass to heirs, but it must be repaid from the estate. Usually, the mortgage is repaid from the proceeds of the property's sale. Check whether the deceased had life insurance that (partially) covered the mortgage. Contact the mortgage lender to discuss the situation and prevent unnecessary interest from accruing. The notary will arrange the repayment upon the transfer of ownership.
Can I defer inheritance tax until after the sale of the property?
Yes, you can request a deferral of inheritance tax payments from the Dutch Tax and Customs Administration if you don't have sufficient liquid assets. You must apply for this within the standard eight-month filing period. The Dutch Tax and Customs Administration can grant a deferral for up to four years, but interest will be charged on the outstanding amount. This is especially useful if the majority of the inheritance consists of real estate and you need time to sell the property.
Are there additional costs associated with selling inherited real estate?
Yes, in addition to standard selling costs such as real estate agent fees (average 1-2% of the sale price), you'll also face specific inheritance costs. These include notary fees for the declaration of inheritance (€500-€1000), land registry fees (approximately €150), any costs for clearing and cleaning the property, and possibly appraisal fees (€400-€800). You also need to factor in ongoing costs such as energy bills, municipal taxes, and insurance until the sale is final.
