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# Selling an inherited property

Selling a parent's or relative's home is a big job at a hard time. Here's what's different about listing a deceased estate with us, and the one tax rule nearly everyone asks about.

### Who can list

The executor named in the will, or the administrator appointed by the court if there's no will, has the authority to sell. Until probate or letters of administration are granted you can usually still prepare and advertise, but you can't complete a sale, and your solicitor will tell you when exchange can happen in your state.

### What we'll need from you

* **Proof of ownership:** a recent rates notice is fine even though it's in the deceased's name.
* **Your authority to sell:** the grant of probate or letters of administration if you have it, or a copy of the will naming you as executor while you wait. If there are several executors, each needs to sign our authority to list.
* **Photo ID** and a selfie holding it for the executor who holds the account, plus photo ID for any other executors.

Upload what you have and tell us it's an estate; our team will confirm anything else needed. See [What documents do I need for proof of ownership and ID?](https://help.propertynow.com.au/en/article/what-documents-do-i-need-for-proof-of-ownership-and-id-6ca33r/).

### The capital gains tax question

If the home was the deceased's main residence and wasn't being rented out when they died, or they bought it before 20 September 1985, the sale is generally free of capital gains tax provided it settles within two years of the date of death. Sell later than that and the gain since the date of death is usually taxable, although the ATO can extend the two years in some circumstances. Different rules apply if the property was an investment. This is general information only; your accountant or the ATO's page on inherited dwellings will confirm how it applies to the estate.

### Practical tips

* Check your state's pre-contract paperwork. Queensland sellers, for example, must give buyers a completed Seller Disclosure Statement (Form 2) before they sign; it's included if you add our [Contract Preparation](https://help.propertynow.com.au/en/article/conveyancing-and-contract-preparation-timing-costs-and-services-16cvnep/) add-on. NSW and the ACT need the contract prepared before advertising. Your conveyancer will know what applies.
* Get a conveyancer or solicitor involved early; estates have extra steps at exchange and settlement. Our contract preparation partner handles estate sales regularly. See [Conveyancing and Contract Preparation](https://help.propertynow.com.au/en/article/conveyancing-and-contract-preparation-timing-costs-and-services-16cvnep/).
* Decide who answers enquiries. Our enquiry system can send them to one executor's phone and email, so pick a point person.
* If the home is tenanted, the lease continues through the sale; see our rental articles for notice rules in your state.