Inherited a property (sole heir PR) and haven't transferred deed into my name. When property is sold, is it taxed on deceased or as an inheritance?

[GrilledTaxes2024]

Hello, Inherited a property and haven't transferred deed into my name (sole heir).  I am the appointed Personal Rep.; lawyer said that to transfer into my name would take a year on a deed of distribution, but house can be sold out of the estate since I'm PR.  My prior experience with this situation was that a property had been put in my name at sale thus qualified on the tax basis inheritance guidelines.   Selling direct from the estate, does the sale still follow an inheritance guidelines or would the sale be taxed on the deceased estate as an asset?  Thx.

[Anonymous_]

The basis is the fair market value on the date of death of the decedent. 

It makes no difference as to when the property is re-titled or sold.

[Mike9241]

the estate can sell the property. if there is a gain the trustee can decide to distribute the gain to you the sole beneficiary who would then pay taxes on the gain or let the estate pay any income taxes in which case distribution of the proceeds to you would be tax free.

[Hal_Al]

Q. When property is sold, is it taxed on deceased or as an inheritance?

A. As an inheritance.  That is, the cost basis steps up to the fair market value on the date of death.

Q.  Selling direct from the estate, does the sale still follow an inheritance guidelines or would the sale be taxed on the deceased estate as an asset?

A. Both. That is, the estate would report the sale on the estate tax return (it does not go on the decedent's final individual tax return).  But, it is still treated as an inherited asset (it gets the stepped up cost basis). 

[Anonymous_]

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@GrilledTaxes2024 wrote:

Selling direct from the estate, does the sale still follow an inheritance guidelines or would the sale be taxed on the deceased estate as an asset?  Thx.

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In order to make this scenario as simple as possible, the estate would take a stepped up basis in the asset if the asset were sold out of the estate.