Selling an inherited house in Texas
How Texas handles an inherited house, from muniment of title to full probate, what it costs to sell, and how to sell as-is in Houston, Dallas-Fort Worth, Austin or San Antonio.
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Can you sell an inherited house in Texas without full probate?
Often, yes. Texas has more shortcuts than most states. If there’s a will and no unpaid debts other than the mortgage, a court can admit it as a muniment of title, which transfers the house to the heirs in a single hearing with no executor. If the house had a recorded transfer on death deed, the beneficiary can sell without court at all. When those don’t fit, an independent administration lets an executor sell, usually without the court approving the sale.
One deadline matters more than the rest: a will generally has to be filed for probate within four years of the death. Miss it, and transferring the house gets harder and more expensive.
Find the right path for the house
The route depends on how the house was owned, whether there’s a will, and whether the estate owes money. Here are the common Texas options.
| Situation | Usual path | Who signs to sell |
|---|---|---|
| Recorded transfer on death deed | No probate. Record the death certificate and an affidavit | The named beneficiary |
| Living trust | No probate | The successor trustee |
| Will, no unpaid debts except liens on real estate | Muniment of title (one hearing, no executor) | The heirs named in the will |
| Will, with debts or more to manage | Independent administration | The independent executor |
| No will | Administration, or a heirship determination | The administrator or the heirs |
Texas also has a small estate affidavit (for estates up to $75,000, not counting the homestead and exempt property, when there’s no will) and an affidavit of heirship. They help in some cases, but the small estate affidavit can only pass the homestead to a surviving spouse or minor children, and some title companies won’t insure a sale based on an affidavit of heirship alone.
How Texas probate works for a house
- File in the right county. The application goes to the county where the person lived. Harris, Dallas, Tarrant, Travis and Bexar counties each have dedicated probate courts.
- Wait for the hearing. Notice has to be posted first, so the hearing is usually a few weeks after filing.
- Get letters, or a muniment order. With independent administration, the executor gets letters testamentary. With a muniment of title, the court order and will are recorded with the county clerk, and the heirs own the house.
- Notify creditors. An executor publishes notice to creditors within about a month of getting letters and files an inventory within 90 days.
- Sell the house. An independent executor can usually sell real estate without asking the court. Under dependent administration, the court has to approve the sale.
Many independent administrations wrap up in 6 to 12 months, and the house can often be sold in the first couple of months. Busy county dockets can add time.
Good to know
- Texas is a community property state, so a surviving spouse may already own half
- Out-of-state heirs can usually sign remotely
- A beneficiary on a transfer on death deed must outlive the owner by 120 hours
- A probate attorney is worth having if heirs disagree
New to probate?
Our guide to selling a probate property walks through the basics, and inherited a house? what to do next covers the first few weeks.
What it costs to sell an inherited house in Texas
Texas is one of the cheaper states to sell in. There’s no state, county or city real estate transfer tax.
| Cost | In Texas |
|---|---|
| Transfer taxes | None |
| Owner’s title policy | Usually paid by the seller. Premiums are set by the state |
| Escrow and closing fees | Often split between buyer and seller |
| Prorated property taxes | Texas bills taxes at the end of the year, so the seller usually credits the buyer for the months owned |
| Probate costs | Court filing fees and attorney fees, which vary by county and path |
Taxes heirs ask about
- No inheritance or estate tax. Texas has neither.
- Capital gains. Inherited property usually gets a “stepped-up” basis to its value on the date of death, so selling soon after often means little or no gain.
- Property taxes. Texas property taxes are high, often around 2% of value a year in the big metros, so carrying an empty house adds up. A homestead exemption usually stays in place for the rest of the year of death. Heirs who move in may be able to claim it as heir property, so check with the county appraisal district.
If the house is in one of our Texas metros
The rules are statewide, but each area has its quirks.
Houston
Harris County probate is handled by its statutory probate courts downtown. Check whether the house is in a flood zone or has flooded before, since buyers will ask and flood insurance costs affect what they’ll pay.
Dallas-Fort Worth
Dallas and Tarrant counties each have their own probate courts. Many inherited homes are 1950s to 1970s ranches on clay soil, so foundation movement is a common issue buyers flag.
Austin
Travis County probate cases go through its dedicated probate court. Rising values mean the stepped-up basis matters even more, so ask a tax pro before you sell.
San Antonio
Bexar County has its own probate courts. Older homes in the urban core often have original plumbing and wiring that lenders and inspectors flag. If the house is in Schertz, part of that city sits in Guadalupe and Comal counties, so see our Schertz page for which court applies.
Keep, rent, list or sell for cash?
There’s no wrong answer, just the one that fits your family. Here’s how they compare for an inherited Texas house.
Keep it
Works if someone wants to live there and can keep up with Texas property taxes, insurance and upkeep.
Rent it out
Brings in income, but older homes often need updates first, and insurance on rentals has gotten expensive.
List with an agent
Usually the highest price if the house is in good shape and the heirs can clean it out, fix it up and wait.
Sell for cash
Fastest and simplest: sold as-is, with no cleanout or repairs, closing when the estate is ready. Get an offer →
Comparing a cash offer with listing? Our cash buyer vs. realtor guide shows how to compare the two fairly.
Selling the house to BAM
- Tell us about the house. We can make an offer before the hearing, so the family knows the number.
- Get a fair cash offer in 24 hours. We show you the math behind it.
- Close when the estate is ready. We work with your probate attorney and a Texas title company, and you pick the date.
- Leave what you don’t want. Take the keepsakes. We handle the rest after closing.
Why heirs call us
- 20+ years and 500+ houses bought
- No commissions or fees
- We pay all closing costs
- Back taxes and liens paid at closing
- Close in as little as 2–3 weeks, or on your timeline
Texas inherited house questions
Do I need probate to sell an inherited house in Texas?
Not always. A recorded transfer on death deed or a living trust avoids probate. If there’s a will and no unpaid debts except liens on real estate, a muniment of title transfers the house in one hearing. Otherwise, an independent administration is the usual route.
What is a muniment of title?
It’s a Texas shortcut where the court admits the will and that order, recorded with the county clerk, transfers the property to the heirs. There’s no executor and no full administration. It generally only works when the estate owes no debts other than liens on real estate.
Is there a deadline to probate a will in Texas?
Generally, yes. A will usually has to be offered for probate within four years of the death. After that, the options narrow and clearing title often takes more time and money.
Do heirs pay inheritance or transfer taxes in Texas?
No. Texas has no inheritance tax, no estate tax and no real estate transfer tax. Federal capital gains rules can still apply, but the stepped-up basis on inherited property usually keeps that small.
Can an executor sell without court approval?
Under independent administration, which most Texas estates use, an executor can usually sell without a court order. Under dependent administration, the court must approve the sale.
The house needs a lot of work. Will you still buy it?
Yes. Take what you want and leave the rest. We buy inherited houses as-is, including ones with foundation issues, old plumbing or years of deferred maintenance.
General information, not legal or tax advice. Probate and tax rules change and every estate is different, so check with a Texas probate attorney or tax professional. Current as of October 2026.
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