New Jersey estate facts · Selling the house
Does an inherited New Jersey house need a tax waiver before it can be sold?
The short answer
Usually, yes. New Jersey real estate generally needs an inheritance tax waiver from the Division of Taxation before it can be transferred.
The details
Tax waivers are generally required to transfer New Jersey real property out of a decedent's name. Only the Inheritance Tax Branch of the NJ Division of Taxation issues them.
When every beneficiary is Class A, a short affidavit can often be used for the real estate waiver instead of a full return. If any beneficiary is Class C or D, a full inheritance tax return is filed first.
A common exception: when a house was owned by a married couple as tenants by the entirety, it passes to the surviving spouse and a waiver isn't needed.
Related estate facts
Other questions families ask.
Do children pay New Jersey inheritance tax?
No. Children are Class A beneficiaries, and Class A beneficiaries owe no New Jersey inheritance tax, however large the inheritance.
Read the answer → TaxesDo siblings pay New Jersey inheritance tax?
Yes, above $25,000. Brothers and sisters are Class C beneficiaries: the first $25,000 is exempt, and the rest is taxed at 11% to 16%.
Read the answer → TaxesDoes New Jersey still have an estate tax?
No. New Jersey's estate tax was repealed for deaths on or after January 1, 2018. The state's inheritance tax still applies.
Read the answer →Talk to a real person
Tell us what's holding the property up.
One short call. We'll tell you plainly whether we can help, and what it would look like — no pressure and no cost.