When someone passes away and leaves a house behind, the family usually wants to know one thing first: can we sell it, and how? In Texas, the answer depends mostly on whether there was a will and who needs to sign.
This is general information, not legal advice. Probate rules are detailed, and a Texas probate attorney can tell you which option fits your family's situation. Many will do a first consultation at low or no cost.
Step 1: Figure out who has the authority to sell
A title company won't close a sale until it's clear who owns the house now. There are a few common ways that gets established in Texas.
If there's a will
- Independent administration. This is the most common route. The court appoints an executor, who can usually sell the house without further court approval. Texas is known for making this process fairly streamlined.
- Muniment of title. If the estate has no unpaid debts other than debts secured by real estate, like a mortgage, a court can simply admit the will as proof of who inherits. It's often faster and cheaper, but there's no executor, so all the heirs named in the will typically sign the deed.
If there's no will
- Affidavit of heirship. This is a sworn statement, usually signed by people who knew the family but don't inherit, that lists the deceased's heirs. Once it's recorded, the heirs can often sell together. Title companies have their own requirements, so ask early whether they'll accept one for your situation.
- Small estate affidavit. For smaller estates that meet the statute's requirements, this can be an option. It's limited in how it applies to real estate, so check with an attorney before relying on it.
- Court-supervised administration. If heirs disagree or the estate is complicated, a court process may be needed.
Step 2: Protect the house while you sort things out
- Insurance. Call the insurance company. Many standard policies change coverage once a house is vacant for a period of time, so you may need vacant-property coverage.
- Keep paying the essentials. Mortgage, property taxes and basic utilities keep the house from sliding into bigger problems.
- Secure it. Change the locks, stop mail delivery if needed, and check on it regularly. Vacant houses attract break-ins.
Step 3: Get everyone on the same page
When several siblings inherit, they own the house together, and usually everyone has to agree to sell. Common sticking points are whether to fix it up first, whether one sibling wants to buy the others out, and how to split costs until it sells. Getting a real number early, like a listing estimate and a cash offer side by side, helps turn an emotional conversation into a practical one.
Step 4: Understand the mortgage and taxes
- An existing mortgage doesn't block a sale. The loan is paid off at closing from the proceeds. Federal law generally protects family members who inherit a home from the lender demanding immediate payment just because the owner died.
- Capital gains are often lower than people expect. Under federal tax rules, inherited property usually gets a "stepped-up" basis equal to its value at the date of death. If you sell soon after inheriting, the taxable gain is often small. Confirm with a tax professional.
- Back taxes and liens are paid at closing, too.
Step 5: Decide how to sell
If the house is updated and everyone has time, listing it can bring the highest price. But many inherited homes need a lot of work, are full of belongings, or are far from where the heirs live. In those cases, a cash sale lets the family skip the repairs, cleanout and showings, and split the proceeds in weeks instead of months.
We buy inherited houses as-is, including everything left inside, and we're used to working alongside executors, attorneys and title companies. If you're not sure where your family is in the process, call us. We'll help you figure out the next step, even if it's not selling to us.
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