Who can sign the sale
Before an inherited house can be sold, someone has to have the legal authority to sell it. In Texas that usually comes in one of these ways:
- Executor or administrator. A probate court issues letters testamentary or letters of administration, and that person signs for the estate.
- Muniment of title. In some cases a Texas court can probate a will as a muniment of title, which transfers the property to the heirs named in the will without a full administration.
- Affidavit of heirship. When there is no will, heirs may establish ownership with an affidavit of heirship, which a title company will review.
Which route applies depends on the estate. A probate attorney can tell you, and the title company handling the closing will tell you exactly what it needs.
When there are several heirs
Every owner normally needs to agree to the sale and sign at closing. Heirs who live out of state can usually sign remotely or with a mobile notary. A single written offer that everyone can review often makes that conversation easier.
The house and what is in it
You do not need to empty the house, make repairs or stage it. Take the belongings that matter to the family. We handle what is left after closing.
How we can help
- A written offer, with our numbers explained
- No commission or fee charged by us
- No repairs, cleaning or showings
- You choose the closing date
- Closing at a Texas title company
- We tell you in writing if we may assign the contract
This page is general information about Texas, not legal, tax or financial advice. For your situation, talk to an attorney or tax professional.
Frequently asked questions
Can you buy a house that is still in probate?
Often, yes. We can sign a contract once the person with authority to sell is identified, and close when the court and title company have what they need.
Do I have to pay off the mortgage on an inherited house before selling?
Any remaining mortgage is paid from the sale proceeds at closing, like any other sale. The title company handles the payoff.
Are there taxes on selling an inherited house?
Inherited property generally receives a stepped-up tax basis, which can reduce capital gains tax, but your situation may differ. Talk to a tax professional before you sell.