Rows of brick houses under mature maple trees on a historic Columbus, Ohio residential street with the downtown skyline on the horizon

Selling an Inherited House in Columbus, Ohio

For a house in probate, Franklin County Probate Court usually issues Letters of Authority within a few weeks with clean paperwork — months if contested — before the sale can move forward.

See Your Options for Selling in Columbus

Confirming Authority to Sell an Inherited House

When an inherited house in Columbus is part of a probate estate, someone has to hold legal authority over that estate before the house can be listed or sold. (Houses that passed outside probate — through a Transfer-on-Death Designation Affidavit, for example — follow a different, shorter path covered at the end of this page.) In Franklin County, that authority comes from the Franklin County Court of Common Pleas, Probate Division, presided over by Judge Jeffrey D. Mackey, who has served on the bench since 2021. E-filing is mandatory for probate filings in Franklin County, and the court revised many of its local forms in early 2026 — executors and heirs should pull current forms from the court portal rather than relying on older templates. For background on the broader process, see how a probate house sale works in Ohio.

Once an application is filed, Franklin County typically issues Letters of Authority within a few weeks when the paperwork is clean and any required waivers are signed. A contested appointment, missing waivers, or a dispute among heirs can stretch that timeline into months. In a probate administration, nothing involving the house — listing it, signing a contract, or closing a sale — can move forward until Letters of Authority are in hand.

Who Actually Has the Power to Sell

Ohio law gives an executor three possible paths to a valid sale. If the will grants a testamentary power of sale, the executor can sell the house at public or private sale without going back to court for approval on that transaction. Without that power, the executor generally needs either the written consent of the surviving spouse and all legatees, devisees, and heirs, filed with the probate court, or a formal Land Sale Action — an adversarial case inside the probate court that names heirs and lienholders as defendants. A land sale action is typically the route when the estate must liquidate the house to pay debts, or when at least one heir refuses or is unable to consent.

Most Columbus-area houses land in full administration rather than a simplified release from administration: the release thresholds ($35,000, or $100,000 when a surviving spouse inherits everything) apply to the estate's gross value, and almost any home held in fee simple exceeds them.

Certified Letters of Authority are not just a formality for the court file. In a fiduciary probate sale, nearly every later step — from ordering the inventory valuation to closing with a title company — depends on producing that document, so most executors treat obtaining it as the true starting line rather than a bureaucratic side task.

Making the House Sellable: Inventory and Valuation

Alongside confirming authority, the executor has to establish what the house is worth for the estate's records. Ohio law requires the inventory to be filed within three months of appointment (ORC 2115.02), and the house is listed at its date-of-death value rather than a later asking price.

For that valuation, the executor may use the county auditor's tax valuation instead of hiring a private appraiser (ORC 2115.06). It is usually the faster and cheaper option, but it carries a downstream risk worth flagging early.

If the auditor's valuation runs high and the estate later needs a court-supervised land sale, Ohio law bars selling below 80% of the appraised value without further court permission (ORC 2127.22). An inflated starting value can make that floor harder to clear if the market softens or a quick sale becomes necessary.

Order or pull the county auditor valuation early, before deciding whether a private appraisal is worth the cost.
Keep the inventory filing on schedule — the three-month window runs from the date of appointment, not the date of death.
If a land sale action is a realistic possibility, remember the 80% floor is set against the appraised value (ORC 2127.22) — an inflated valuation makes that floor harder to clear.

Ohio probate home sale — Making the House Sellable: Inventory and Valuation

The Columbus Market for an Inherited House

Inherited houses in Columbus commonly sell as-is. Executors frequently list the property in its current condition rather than spend limited estate funds on repairs or a renovation before closing.

Market conditions still matter for setting expectations. Using Redfin's data for the city of Columbus in mid-2026, the median sale price was approximately $304,000, with homes selling in roughly 39 days on average. Those figures describe the broader city market rather than probate or as-is sales specifically, and an inherited house in original condition commonly prices below the median for its area.

Cash investors who buy inherited houses as-is typically discount their offers by roughly 10–30% depending on condition — an industry estimate, not a fixed rate. The size of the discount usually tracks how much repair and clean-out work the buyer expects to absorb.

A roughly 39-day average time on market is a citywide figure, not a promise for any particular listing. A house that needs visible work, or one that carries probate-specific closing requirements, can sit longer while buyers line up financing and title companies complete their review — factors covered in more detail below.

Choosing How to Sell: Open Market vs. Cash Investor

Executors weighing how to sell generally choose between an open-market listing and a direct sale to a cash investor. Each path trades price against speed and certainty, and the right choice often depends on the house's condition and how quickly the estate needs to close.

Factor	Open-Market Listing	Cash Investor Sale
Typical sale price	Closer to market value, especially after repairs	Often discounted, roughly 10-30% depending on condition
Repairs and cleanout	Often handled before listing	Commonly waived, sold as-is
Timeline to closing	Depends on local market conditions and buyer financing	Often faster, since there is no financing contingency to wait on
Buyer pool	Owner-occupants and traditional buyers	Investors and rehab buyers
Probate documentation	Same requirements apply	Same requirements apply
Marketing effort	Listing, showings, and negotiation over weeks	Direct offer process, minimal showings

Neither path removes the underlying probate requirements. Letters of Authority, proper consents or court authority to sell, and title company review apply the same way whether the buyer is a family moving in or an investor closing in cash. The decision mostly comes down to whether the estate can wait for a market-value sale or needs speed and certainty more than top dollar, and whether the heirs have the time and appetite to manage showings during an already difficult period.

Ohio probate home sale — Choosing How to Sell: Open Market vs. Cash Investor

What Columbus Title Companies Require to Close

Title companies in the Columbus area gatekeep probate sales closely. Before insuring a transaction, they typically require certified Letters of Authority, the death certificate, and either a Certificate of Transfer or the court order or filed consents that authorized the sale, plus confirmation that debts and liens against the estate are handled.

Certified Letters of Authority from the Franklin County Probate Court
Certified copy of the death certificate
A Certificate of Transfer, or the court order or filed heir and spouse consents authorizing the sale
Confirmation that known debts and liens are paid or otherwise addressed

Timing adds another layer. General creditors have six months from the date of death to present claims against the estate (ORC 2117.06), and distributing sale proceeds before that window closes can expose the executor to personal liability. Closing before the six-month mark commonly requires a surety bond, a heir indemnity agreement, or an escrow holdback of proceeds until the window runs — title agencies routinely ask for one of the three before releasing funds early.

Where the Sale Proceeds Go

Proceeds from selling the house do not go directly to heirs. They land in the estate account and stay there until debts are settled and the probate court approves a final distribution.

Executor Commission on a House Sale

Ohio calculates executor and administrator commission on a tiered scale (ORC 2113.35): 4% of the first $100,000, 3% of the next $300,000, and 2% above $400,000, applied to personal property, income, and the gross proceeds of real estate that is actually sold. Real estate that passes to heirs in kind, rather than being sold, earns a flat 1% of its appraised value instead. As a worked example, a house sold for $350,000 with no other estate assets produces an $11,500 statutory commission ($4,000 plus $7,500). Family members serving as executor often waive the commission, since it counts as taxable income while an inheritance generally does not.

Medicaid Estate Recovery Can Outlast the Creditor Window

If the deceased was 55 or older and received Medicaid, Ohio's expanded estate recovery program (ORC 5162.21) has its own claim on the proceeds. The executor must send the Medicaid recovery notice within 30 days of appointment (ORC 2117.061), and the program then has 90 days from that notice or one year from the date of death — whichever is later — to respond. That window can run longer than the general six-month creditor bar, so distributions commonly stay frozen until the Department of Medicaid releases its claim or issues a demand.

Ohio probate home sale — Where the Sale Proceeds Go

Step-by-Step Checklist: From Death to Closing

The sequence below draws together the steps covered above into the order they typically happen. Smaller estates should also check whether the release from administration thresholds apply before assuming full administration is required.

Obtain certified copies of the death certificate.
File for Letters of Authority with the Franklin County Probate Court (e-filing is mandatory) and wait the typical few weeks, longer if contested.
File the estate inventory within three months of appointment, using either a county auditor valuation or a private appraisal.
Confirm the authority to sell: a testamentary power of sale, filed consents from the surviving spouse and all legatees, devisees, and heirs, or a Land Sale Action if consent is not possible.
List the house or accept an investor offer, commonly as-is.
Take the sale through title company review: certified Letters of Authority, death certificate, Certificate of Transfer or court order/consents, and proof debts and liens are addressed.
If closing before the six-month creditor window ends, be ready for the title agency's usual demand: a surety bond, a heir indemnity agreement, or an escrow holdback.
Close, and deposit proceeds into the estate account.
Settle creditor claims, resolve any Medicaid estate recovery notice, and calculate or waive executor commission.
Obtain the probate court's approval of the final distribution before proceeds reach heirs.

Frequently Asked Questions

Can I sell the house before probate closes in Franklin County?

Often, yes. A house can be listed and sold while the probate case is still open, as long as the executor holds a valid power of sale, filed consents, or land sale authority. Sale proceeds go into the estate account and stay there until debts are settled and the court approves distribution — the sale itself does not have to wait for the case to close.

What happens if a sibling or co-heir refuses to sell?

Without unanimous consent, the executor generally cannot complete a simple consent sale. The usual next step is a Land Sale Action under ORC Chapter 2127, an adversarial case inside the probate court that names heirs and lienholders as defendants. Ohio law allows the court to order a sale when it is necessary, or when at least half of the interested parties consent and the sale serves the estate's best interest (ORC 2127.04).

Does the executor need a court order to sell if the will grants a power of sale?

Generally no. A testamentary power of sale in the will lets the executor sell the house at public or private sale without a separate court order for that transaction. Title companies will still want to see certified Letters of Authority and confirmation that the will's language grants that power.

How is executor commission calculated on a house that gets sold?

Ohio uses a tiered statutory scale (ORC 2113.35): 4% of the first $100,000, 3% of the next $300,000, and 2% above $400,000, applied to personal property, income, and the gross proceeds of real estate actually sold. A $350,000 house sale with no other assets produces roughly $11,500 in commission. Family executors often waive it, since the commission counts as taxable income.

Does Medicaid estate recovery affect the timeline?

It can, if the deceased was 55 or older and received Medicaid. Ohio's expanded recovery program (ORC 5162.21) gives the Department of Medicaid 90 days from the recovery notice, or one year from the date of death, whichever is later, to act — a window that can outlast the general six-month creditor period. Distributions commonly stay frozen until that claim is released or resolved.

How long does it typically take to get Letters of Authority in Franklin County?

With clean paperwork and signed waivers, Franklin County typically issues Letters of Authority within a few weeks. A contested appointment or missing waivers can stretch the process into months. E-filing is mandatory, and using current forms from the court portal — the court revised many local forms in early 2026 — helps avoid delays.

What if the house was already covered by a Transfer-on-Death Designation Affidavit?

If the deceased recorded a Transfer-on-Death Designation Affidavit (ORC 5302.22) before death, the house generally passes directly to the named beneficiaries once they record an Affidavit of Confirmation (ORC 5302.222(B)) along with the death certificate. Title passes by operation of law and never enters the probate estate, so there is no six-month creditor wait and no executor commission on the house — most of the steps described above for full administration simply do not apply in that situation.

Ready to learn more?

Get in touch for more information about probate home sale in Ohio.

See Your Options for Selling in Columbus