Selling an Inherited House in Texas: A Plain-English Guide

Inheriting a house usually arrives at the hardest possible time. You are grieving, there are a hundred decisions to make, and now there is a property that needs looking after, sometimes in a city you no longer live in. This guide walks through the main steps of selling an inherited house in Texas in plain English.

It is general information, not legal advice. Every estate is different, so talk to a Texas probate attorney about your situation before you sign anything.

Step 1: Find out who has the right to sell

A house does not pass to the heirs in a form a buyer’s title company will accept just because someone has died. Before the house can be sold, someone needs legal authority to sign. In Texas that usually comes one of these ways:

• Probate with an executor or administrator. If the court appoints an executor (when there is a will) or an administrator, that person can usually sign for the estate.
• Muniment of title. In some cases with a will and no unpaid debts other than those secured by real estate, a Texas court can admit the will as a muniment of title, which can transfer the property without a full administration.
• Affidavit of heirship. When there is no will, heirs sometimes use an affidavit of heirship filed in the county records. Whether a title company will accept it depends on the situation.

A probate attorney can tell you which route fits your family. A good title company will also tell you early what it needs to insure the sale, which saves surprises later.

Step 2: Protect the house while you decide

The costs of a house keep running while the estate is sorted out, and someone has to keep paying them:

• Mortgage. If there is a loan, the payments are still due. Contact the servicer, tell them the borrower has passed away, and ask what they need from the family.
• Insurance. Call the insurer. Many policies limit coverage once a house sits empty for a while, so ask what applies and whether you need a vacancy policy.
• Property taxes. Texas property taxes are due by January 31 for the year before. Late taxes add penalties and interest.
• Utilities and upkeep. Keep the lawn mowed and the house secure. An empty house attracts attention, and in Texas a burst pipe in a cold snap can do serious damage.

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Step 3: Decide whether to keep, rent or sell

Families keep inherited houses, rent them out or sell them. If several heirs share the house, they all need to agree, and selling is often the simplest way to divide it fairly. Questions worth asking together:

• Does anyone want to live in it, and can they buy the others out?
• Does anyone have the time to manage repairs, tenants or a listing?
• How much will the house need before it would sell at full price, and who pays for that?
• How long can the estate keep paying the mortgage, insurance and taxes?

Step 4: Choose how to sell

An inherited house can be listed with an agent or sold directly to a buyer. Listing usually brings the highest price for a house in good condition, but it can take months, and older houses often need repairs and a full clean-out first. A direct sale is usually faster and simpler: the buyer takes the house as it is, with the furniture and belongings you do not want, and you choose the closing date.

Selling from out of state

Many heirs live far away. You can usually sign closing documents with a mobile notary or a remote closing arranged through the title company, so you do not have to fly back to Texas. One of our sellers inherited her mother’s house in Burleson while living in Colorado, and we handled it with her from there.

How we help families with inherited houses

Mercy Property Solutions, also known as Savanna Buys Houses, buys inherited and probate houses as-is in Fort Worth and across Texas. You pay no fees or commissions, we cover the normal closing costs, and you can leave behind anything you do not want. We work alongside your attorney and the title company, and we close on the date that fits the estate.

Want to know what your house would bring as it stands? See how we work, or call or text Savanna at 682-321-9138. There is no obligation, and if selling to us is not your best move, we will tell you what we would do instead.

About the author

Savanna Kwieran

Savanna Kwieran owns Mercy Property Solutions and buys houses in and around Fort Worth directly from homeowners. Every guide here comes from real sales, not theory.