Kaplan RomanoVENTURES

Selling

How Do You Sell an Inherited House in Texas?

Short answer

To sell an inherited house in Texas, someone must first have legal authority to sell it: an executor or administrator appointed by the probate court, heirs named through a will probated as a muniment of title, or heirs established by an affidavit of heirship. Once that is in place, the house can be sold like any other, and the title company will confirm what it needs.

Steps

  1. Find the will, if there is one.
  2. Decide the route with a probate attorney: administration, muniment of title, small estate affidavit or affidavit of heirship.
  3. Agree among the heirs whether to keep, rent or sell.
  4. Sell. List it, or sell it directly as-is.

Taxes

Inherited property generally gets a stepped-up basis to its value at the date of death, which can reduce capital gains tax if it is sold soon after. Property taxes keep accruing during probate. Speak to a tax professional.

General information, not legal, tax or financial advice. Laws and figures change; check the specifics for your situation.

Frequently asked questions

Do all heirs have to agree to sell?

Generally, all owners must sign. If heirs cannot agree, a court may be asked to order a partition. That is a matter for an attorney.

Kaplan Romano Ventures

Thinking about selling?

Get a written, no-obligation offer on your property.