Inherited a house in the Black Hills? You can sell it without clearing it out or flying back

Updated October 10, 2026.

The short answer

You don't have to decide anything this month. First, find out who has authority to sell. That's usually a personal representative appointed in probate (SDCL 29A-3-711), or, if the person's South Dakota real estate is worth $50,000 or less, the heirs by affidavit 60 days after death (SDCL 29A-3-1203). Meanwhile, keep the insurance, utilities and property taxes current. Then choose between keeping, renting, listing and selling as-is. The belongings can stay until you've decided.

Want a cash offer? You'll have it in 24 to 48 hours.

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What should you do first with an inherited house?

Before anything about selling:

Secure the house. Lock it, change the locks if keys are unaccounted for, and stop the mail.
Call the insurance company. Tell them the owner has died and the house may sit empty. A policy written for an occupied home may not cover a vacant one, so ask.
Keep the utilities on, at least the heat. A Black Hills winter in an empty house with the heat off ends in burst pipes.
Find the paperwork: the will if there is one, the deed, the latest property tax bill, and any mortgage statement.
Talk to a South Dakota probate attorney about whether you need probate at all. How probate and the affidavit shortcuts work.

Who has the right to sell it?

Nobody, until one of two things happens:

A personal representative is appointed in probate. From then on, that person can sell the house without a separate court order, unless the will or the court restricts it (SDCL 29A-3-711, 29A-3-715).
The heirs file a real-property affidavit, if the person’s interest in all South Dakota real estate is $50,000 or less and 60 days have passed. Every heir claiming the property signs it (SDCL 29A-3-1203).

For a house that isn’t agricultural land, that $50,000 test can use the county’s assessed value for the year of death (SDCL 29A-3-1203), so check the tax bill before assuming you need full probate.

What are your options?

Keep it. One heir lives in it or keeps it, and buys out the others or takes it as their share.
Rent it. It brings in income, but someone has to be the landlord, and every heir carries the repair bills and the risk.
List it with an agent. Usually nets the most if the house is in good shape and the family can carry it, cleared out and cleaned, through the sale. See the costs.
Sell it as-is. No cleanout, no repairs, no showings, one closing date. Usually nets less than a listing, and it’s often the right call when the house needs work or the heirs live far away.

Get a cash offer before you decide, even if you plan to list. It gives the family a floor to compare against.

How it works with us

Once the heirs agree to sell, everyone who needs to sign does, and we take it from there. We take a quick look at the house, belongings and all, and send a written offer in 24 to 48 hours. Closing usually takes about 30 days, we pay all the closing costs, and anything you leave behind stays with the house.

Questions people ask

Do I have to clean out an inherited house before selling it?

Not if you sell it as-is. A cash buyer can take the house with the furniture, the garage and the basement still full; you take what matters to you and leave the rest. If you list it, plan on clearing it out and cleaning before showings, which is often the hardest part for families.

Can I sell an inherited house in South Dakota if I live in another state?

Yes. If the person who died lived in South Dakota, the estate is opened in the county where they lived, wherever the heirs are (SDCL 29A-3-201). Much of the process can be handled by phone and mail with the estate's attorney, and the walk-through can happen with a neighbor or relative who has a key. We regularly buy houses from owners who live out of state.

Who pays the property taxes on an inherited house while it's being sold?

The estate, from estate funds if it has them, or whoever is handling things for the family. Keep them current. Unpaid South Dakota property taxes become delinquent May 1 and November 1 and start collecting monthly interest (SDCL 10-21-23). See what happens if taxes fall behind.

My siblings and I can't agree on what to do with the house. Now what?

When several heirs share the same right to serve as personal representative and don't agree on who applies, the appointment has to go through a formal court proceeding (SDCL 29A-3-203), which is slower and costs more. Before it gets there, it often helps to get a written number for each option (keep, rent, list, sell as-is) so the discussion is about numbers rather than feelings. We send the same written offer to every heir at once.