Why the order decides everything

There is one irreversible act in this whole process and it is the first one most families perform: putting things in a van before anyone has written down what was there. Everything else can be undone. A decision to keep can be reversed next year. A decision to sell can be regretted and lived with. An empty house cannot be un-emptied, and the record that should have been made in it cannot be made afterwards.

Three separate things depend on that record, and they surface at three different times. The estate's accounting needs it now. The tax basis of anything an heir keeps needs it whenever that heir eventually sells, which may be a decade away. And a family disagreement needs it at the moment somebody asks a question nobody can now answer.Source 1Source 4

If you are the executor or administrator, this is not tidiness. You are personally accountable for what left the house and what it was worth, and the person you will be accounting to may be a sibling, a creditor or a court.

The good news is the part nobody says out loud: there is no deadline. Nothing in the law requires a house to be emptied by a date. The deadlines families feel are real but they belong to somebody else — a sale that has been agreed, a lease that ends, a mortgage still accruing, a reverse mortgage on a regulated clock. If none of those applies to you, the correct pace is slower than the one you are being pushed into.

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Keep, sell, donate, discard — and what actually decides

Every object in the house is going to one of four places, and families lose weeks because they try to decide all four at once for every object. Sort into the four first and refine later; a wrong call in the sell pile can be pulled back out, a wrong call in the discard pile cannot.

What decides is rarely money. It is worth saying plainly, because a valuation exercise makes everything look like a financial decision and most of this is not one. Keep is for the things somebody actually wants — and the test is whether a named person wants it, not whether it seems a shame to let it go. Sell is for things with a market: furniture in current styles, tools, machinery, jewellery, anything collected deliberately. Donate is for things with use but no market, which is most of a house. Discard is for the rest, and there is more of it than anybody expects.

The single most useful question, and the one that ends most arguments: is there a named person who wants this? Not "would somebody want this" — a named person. Almost nothing survives it, and what does survive it is the part of the house that mattered.

Two traps are worth naming. The first is the assumption that old means valuable; most household furniture from the second half of the twentieth century has almost no resale market and a family that stores it for a year has paid more than it will ever fetch. The second is the opposite error — clearing something genuinely valuable because it did not look it. That is what the valuation step is for, and it comes first for that reason.

What it is worth, and when somebody else has to say so

Fair market value has a definition and it is not the one families use. It is what a member of the public would pay at retail for the item or a comparable one — expressly not a forced-sale price, and expressly not the price in a market other than the one the item is most commonly sold in to the public. What an estate-sale company will clear a house for is therefore not the measure, and neither is what a dealer would offer.Source 2

The date is fixed and it is the date of death. That single day sets both the estate's position and what the property cost the person who inherits it, which is why writing it down now is worth more than it looks: appreciation during the deceased person's lifetime is not taxed to the heir, and only movement after that date is a gain.Source 1Source 4

How much formality the contents actually need is more forgiving than most people fear, until one threshold is crossed. A room-by-room itemization is what the regulation asks for, and things in the same room worth under a hundred dollars each may be grouped rather than listed individually. But where the articles of marked artistic or intrinsic value come to more than three thousand dollars in total — the regulation names jewellery, furs, silverware, paintings, antiques, books, oriental rugs, coin and stamp collections — an expert appraisal under oath is required. The threshold is aggregate, not per item, which is the part families get wrong.Source 3

If you sell something inherited soon after the death, the gain is still taxed at long-term rates. A family selling quickly is not penalized for it.Source 5

For most estates the practical answer is a phone camera and an afternoon: photograph each room in sequence, open the drawers and photograph those too, and write a list with a value beside each line. That is a defensible record. Bring in an appraiser where the three-thousand-dollar line is anywhere near, where a single object might be worth several thousand, or where an heir has said out loud that they doubt a number.

Donating, and what a deduction actually requires

Start with the part nobody selling you a cleanout will mention: most families emptying a house will take the standard deduction and get precisely nothing for the donation. That does not make donating wrong — it is the right destination for most of a house — but it makes the paperwork pointless for the majority, and worth doing exactly right for the minority who will itemize.

For anyone who will itemize, the requirements are procedural rather than financial and they are easy to fail after the fact. A donation of two hundred and fifty dollars or more buys no deduction at all without a written acknowledgment from the charity — and it must be obtained before the return is filed or its due date, whichever is earlier. Chasing a receipt in March for a van-load given away in July is usually too late.Source 6

The charity describes what it received. It does not value it. A receipt with a number the charity wrote is not evidence of that number — putting a value on the sofa is the donor's job.Source 6

Above five hundred dollars of donated property the return has to describe it. Above five thousand a qualified appraisal is required, and above five hundred thousand the appraisal itself is attached. The thresholds are on the deduction claimed rather than on any single object — which is exactly the case when a household of ordinary furniture goes in one trip, and is why the total is worth knowing before the van leaves rather than after.Source 7

One practical note that saves a repeat trip: many charities will not take upholstered furniture, mattresses, cots, or anything with a fabric surface they cannot certify, and most will not take opened food, medicines or chemicals at all. Ask before loading rather than after.

What must not be thrown away

A house being cleared is a frequent place an estate loses something it cannot replace. None of the following is obvious in a skip: the original will, if it has not already been found; deeds and title documents; vehicle titles; insurance policies, including small paid-up policies bought decades ago; savings bonds and share certificates; military discharge papers, which unlock burial benefits; and the last several years of tax returns, which the final return and any estate return both lean on.Source 8

Then there is the category that is not a document at all: anything with an account number on it. A statement from a bank nobody knew about, a policy schedule, a pension letter, a membership card — these are how a family finds the accounts that will otherwise sit unclaimed for years. Keep every piece of paper with a company name and a number on it until somebody has worked through them.

The paper you throw away is also the paper somebody else can use. A cleared house generates kerbside rubbish full of account numbers and a Social Security number, at exactly the moment the death has been published and the person can no longer notice. Shred rather than bin, and do it before the clearance rather than during it.

Firearms are their own problem and not a household object at all: an ordinary handover to the wrong person can be a federal offense, and the page on that is linked below. Prescription medicines have their own disposal route and should not go in a bin either. Neither is a clearance company's job.

What to do, in order

Three phases, and only the boundary between the first and the second matters much. Nothing here is on a clock unless somebody else has set one.

Before anything leaves the house

However long it takes — there is no legal deadline

The only phase that is genuinely irreversible if skipped. Everything in it is free and needs nobody's permission.

  1. Change the locks and check who has a key

    Deaths are published, empty houses are known about, and the people most likely to arrive are the ones who already have a key. This is the cheapest step here and the one most often left until after something has gone.

    A loss at this stage is invisible: nobody yet has a list of what was there.

  2. Photograph every room, and inside the drawers

    In sequence, on a phone, before anything is moved. Ten minutes a room. This is the record that answers a question asked in a year's time, and it costs nothing.

    Do after: secure

  3. Collect the paper before the clearance, not during it

    Every document, every statement, every envelope with a company name on it, into one box. Sort later. This is where the unknown life policy and the forgotten pension are found.
    • Look in the places paper accumulates rather than where it belongs: the back of a wardrobe, a biscuit tin, the drawer under the phone, the inside cover of a book.
    • A safe-deposit box has its own rules about who may open it and when — that is a separate topic.

    Do after: secure

  4. Write the list, with a value beside each line

    Room by room. Things in the same room worth under a hundred dollars each may be grouped rather than named individually. Where the valuable articles together exceed three thousand dollars, an expert appraisal under oath is required.
    • Value is what a member of the public would pay at retail, as at the date of death — not what a dealer offers and not what a clearance would fetch.

    Do after: photograph

Deciding

Weeks, and it is normal for it to take them

  1. Find out what a named person actually wants

    Ask everyone at once rather than one at a time, and ask for specific objects rather than categories. Two people wanting the same thing is a conversation; two people discovering later that a third took it is a rift.

    Do after: inventory

  2. Check whether a document already decides any of it

    A will may leave contents to somebody outright, and many wills refer to a separate list of personal items. Whether that list binds anyone depends on the state and on whether the will actually refers to it.

    Do after: inventory

  3. Sort into keep, sell, donate, discard

    Coarse first. A wrong call in the sell pile can be pulled back; a wrong call in the discard pile cannot.

    Do after: named wants, check the will

Emptying

Days, once the decisions are made

  1. Shred what is not being kept

    Before the clearance rather than during it. Anything with an account number, a date of birth or a Social Security number on it.

    Do after: sort

  2. Move what people are keeping, and record who took what

    One line per object and per person. This is the record that protects whoever is administering the estate, and it takes about the same time as not making it.

    Do after: sort

  3. Sell and donate

    Collect the charity's written acknowledgment on the day for anything that will be claimed as a deduction — it cannot be obtained after the return is filed.

    Do after: sort

  4. Clear the rest

    The last step, and the only one worth paying for in most houses. By this point the record exists, the paper is out, and nothing left in the building is anything anybody wanted.

    Do after: shred, distribute, sell donate

Questions people ask about this

  • How quickly do we have to empty the house?

    Almost certainly not as fast as it feels. No law sets a deadline for clearing a home. The deadlines that do exist belong to somebody else: an agreed sale, a tenancy that ends, a mortgage still accruing, or a reverse mortgage on its own regulated timetable. If none of those applies, the pace is yours — and doing it slowly and once is faster than doing it quickly and twice.
  • Should we put it all in storage until we decide?

    Sometimes, and it is worth being honest about which. Storage is the right answer when the decision is genuinely blocked on something external — heirs in other states who cannot travel yet, a sale completing before probate, a dispute that has to be resolved. It is the wrong answer, and an expensive one, when it is standing in for a decision nobody wants to make. Most of what families store is worth less than a year of storing it. If you do take a unit, set the date you will empty it before you sign, and put it in a calendar.
  • Is an estate sale worth it?

    It depends almost entirely on what is in the house, not on how much is in it. An estate sale company generally takes a percentage of gross, and the percentage is negotiable and varies widely; against that, they price, stage, staff and advertise, which is real work a family cannot usually do. Where there is genuine collectible or antique material the commission usually pays for itself in the price achieved. Where the contents are ordinary furniture and household goods the gross may not cover the effort for either side, and several companies will decline the job for that reason. Ask what the minimum is before you ask what the rate is.
  • Is it better to donate or to sell?

    For most households, donate — but not for the tax reason people give. Most families emptying a house take the standard deduction and get nothing at all for the donation, so the argument is practical rather than financial: donation collects at the door, sale does not, and the resale value of ordinary furniture is close to nothing once you have paid to move it. Sell where there is a real market — tools, machinery, jewellery, anything collected deliberately. Donate the rest.Source 6
  • Can we start before probate is granted?

    You can secure the house, photograph it, make the inventory and collect the paperwork before anybody is appointed, and all of that is the sensible use of the waiting time. What you should not do before appointment is distribute or dispose of anything of value. Whoever is eventually appointed inherits responsibility for what happened in the meantime, and an heir who took something early is in a worse position than one who waited.
  • What if a sibling says something is missing?

    This is the argument the photographs prevent and cannot settle afterwards. If the record exists, it usually ends there. If it does not, the honest position is that nobody can now prove either way — which is worth saying out loud early rather than letting a suspicion sit. Where the disagreement is really about the value of something rather than its disappearance, an independent appraisal is cheaper than the argument and both sides tend to accept it.
  • What should we ask a clearance company?

    Four things, and the first is the one that gets forgotten. What happens to what you take — landfill, donation, resale — and will you itemize it. Is the quote for the volume or for the hours. Are you insured, and for what. And will you handle the things you are not being asked to handle: most will not take paint, chemicals, medicines or anything with fuel in it, and none of them should be taking firearms.

Where this sits in the process

Before this

These produce something this topic needs.

  • Personal propertywho is entitled to which objects, before you decide where any of them go
  • Being an executorwhether you are the person who may lawfully dispose of any of it yet

Related

  • Firearmsthe one household object where an ordinary handover can be a federal offense
  • Identity theftwhy the paper leaving the house matters as much as the furniture
  • Taxeswhere the valuation and the donation records are eventually used
  • Inheriting a mortgaged homeif a loan is setting the timetable you are working to
  • Safe-deposit boxesthe one container in the house with its own rules about who may open it
  • Estate sale feeswhat a sale actually costs, and what the contract does with what does not sell
  • An empty house after a deathclearing the contents is what can move a house from unoccupied to vacant under its own policy

Sources

The valuation standard, the household-effects regulation and the donation substantiation rules, each quoted from the Code or the regulation that sets it.

  1. 26 U.S.C. §2031 — definition of gross estate (opens in a new tab)

    Why the date of death is the only valuation date that matters.

    uscode.house.gov Checked 2026-08-13

  2. 26 C.F.R. §20.2031-1 — definition of gross estate; valuation of property (opens in a new tab)

    What fair market value means, and the two shortcuts it rules out.

    ecfr.gov Checked 2026-08-13

  3. 26 C.F.R. §20.2031-6 — valuation of household and personal effects (opens in a new tab)

    Room-by-room itemization, the hundred-dollar grouping rule, and the three-thousand-dollar appraisal trigger.

    ecfr.gov Checked 2026-08-13

  4. 26 U.S.C. §1014 (Basis of property acquired from a decedent) — Legal Information Institute (opens in a new tab)

    Why the number written down now is the number an heir subtracts later.

    law.cornell.edu Checked 2026-08-12

  5. 26 U.S.C. §1223(9) (Holding period of property acquired from a decedent) — Legal Information Institute (opens in a new tab)

    Why selling inherited property quickly is not penalized.

    law.cornell.edu Checked 2026-08-12

  6. 26 U.S.C. 170(f)(8) — substantiation requirement for contributions of $250 or more (opens in a new tab)

    The written acknowledgment, what it must contain, and why it cannot be obtained late.

    uscode.house.gov Checked 2026-08-19

  7. 26 U.S.C. 170(f)(11) — qualified appraisal and documentation for contributions of property (opens in a new tab)

    The $500, $5,000 and $500,000 thresholds for donated property.

    uscode.house.gov Checked 2026-08-19

  8. IRS Publication 559 — Survivors, Executors, and Administrators (opens in a new tab)

    The final return, which the collected paperwork feeds.

    irs.gov Checked 2026-08-12

Sources last reviewed 2026-08-19. Where a source is marked pending re-verification, the page says so wherever the claim appears.

The valuation and donation rules on this page are quoted from the Internal Revenue Code and the estate tax regulations and apply wherever the house is. What is not covered: estate-sale and auctioneer licensing, which is a state matter and varies; what a particular charity will accept, which is that charity's own rule; and the disputed-valuation procedure, which is a tax controversy and needs a professional. Sahvelo does not value property and does not recommend a valuation.