Selling a home you inherited in Texas

The court appoints a personal representative who can sign for the estate. It is the path when there are unpaid debts other than mortgage liens, disagreements, or several assets to manage. It takes the longest but gives the title company a single signer with court authority.

Under Estates Code 257.001, a court can admit a will to probate as a muniment of title, with no administration, when the estate owes no unpaid debt other than debt secured by a lien on real estate, or when there is otherwise no need for administration. The court order and will become the record of who owns the house. The law also limits timing: a will generally cannot be admitted to probate after the fourth anniversary of death unless the applicant was not in default (Estates Code 256.003).

When there is no will, family history can be sworn in an affidavit before a notary and recorded in the county deed records. Estates Code 203.001 makes such an affidavit prima facie evidence of heirship once it has been of record for five years. Many title companies will consider one sooner, under their own requirements, so ask the title company what it needs before relying on this path.

If the person died without a will and the estate's assets, excluding the homestead and exempt property, are worth $75,000 or less, Estates Code 205.001 allows a small estate affidavit approved by the judge. If the homestead is the only real property, Section 205.006 allows title to it to pass under a recorded affidavit.

When the family history is complicated or an heir is missing, a court can declare heirship. Estates Code 202.0025 says that proceeding may be brought at any time after death, so an old estate can still be cleaned up.

Change the locks, keep the utilities on and call the homeowner's insurance company right away. The Texas Department of Insurance notes that most companies stop coverage if a house is vacant 60 days or more, and many policies exclude losses after the vacancy period in the policy.

Locate the will, the deed, the last mortgage statement, the property tax account and any HOA contact. These decide which legal path is possible.

Every heir who owns a share will usually need to sign. Agree in writing on price expectations, who pays carrying costs, and how proceeds are split. If co-owners cannot agree, Texas Property Code 23.001 lets any joint owner ask a court for partition, and Chapter 23A adds special procedures for heirs' property. A negotiated plan is almost always cheaper.

With an attorney, choose probate, muniment of title, or an heirship affidavit, and confirm with a title company that it will insure a sale on that basis.

Clear personal property, fix what affects safety or financing, and price from recent nearby sales. The heirs give the Seller's Disclosure Notice from what they know; Texas Property Code 5.008 includes a box for a seller who is not occupying the property.

The title company pays off any mortgage, taxes and costs, then disburses the rest as the estate documents direct.