Selling an inherited home in Texas: who can sign?
You can usually sell an inherited Texas home once the executor or heirs have legal authority. See the probate paths, deadlines, taxes and first steps.
Updated November 2026
Short answer: yes, you can usually sell an inherited home in Texas, but only the person with legal authority can sign. That is usually the executor, an administrator or the heirs, depending on whether there is a will and how the estate is handled. A probate attorney and a title company can confirm what your sale needs.
| Step | What to do | Why it matters |
|---|---|---|
| 1. First 30 days | Secure the home, call the insurer, keep utilities on | Protects the home and its value |
| 2. Find the will | Search papers, ask their attorney | Decides which legal path comes next |
| 3. Get authority | Choose a probate path with an attorney | A title company won’t close without it |
| 4. Pay the bills | Taxes, insurance and mortgage keep going | Unpaid taxes are a lien on the home |
| 5. Decide | Keep, rent or sell | Every co-owner’s rights count |
| 6. Check taxes and homestead | Stepped-up basis; spouse or minor child rights | Can change the gain and who decides |
Inheriting a house usually comes at a hard time. You can learn your options and what the home is worth now, even before the estate is settled. What takes time is establishing who can sign the sale.
You don’t have to decide anything about selling yet. Keeping the home, renting it and selling it are all real options. The sections below follow the order most families meet them.
What should you do in the first 30 days?
Protect the home and its value while the family decides; nothing here commits you to selling.
| Task | What to do |
|---|---|
| Secure the home | Lock up, collect spare keys, remove valuables and important papers |
| Call the insurer | Say the house is vacant; ask what the policy covers while it’s empty |
| Keep utilities on | At a basic level, so the home can be shown and pipes don’t freeze |
| Handle the mail | Forwarding requires a Post Office visit with proof you are executor or administrator |
| Collect paperwork | Death certificate, will, deed, latest tax statement, mortgage statements |
| Hold off on contracts | Don’t sign a sale contract until you know you have authority |
An insurer can decline to renew a policy on a house that has been vacant for 60 days or more. For forwarding a deceased person’s mail, a death certificate alone is not enough.
How do you find the will?
Look through the person’s papers and ask their attorney, if they had one. If the will may be in a safe deposit box, a probate judge can order the box examined to look for it. Whether there is a will decides which path comes next.
Who has the authority to sign the sale?
It depends on whether there is a will and how the estate is handled. The common Texas paths are below, and a probate attorney will tell you which fits.
| Situation | Typical path | Who signs |
|---|---|---|
| There is a will naming an executor | Probate with independent administration, which Texas courts often allow | The executor, once the court issues letters testamentary |
| There is a will, no debts except those secured by real estate | Will probated as a muniment of title | The heirs named in the will, using the court’s order |
| No will | Heirship determination by the court, or administration | The heirs, as the court or title company requires |
| No will, small and simple estate | Affidavit of heirship or a small estate affidavit approved by the court, where the title company accepts it | The heirs |
If several heirs inherit together, all of them usually need to agree and sign. If one heir wants to keep the house, the others can sell their shares to that heir instead.
What are the probate options if there is a will?
There are three: independent administration, dependent administration and muniment of title.
| Path | How it works | Selling the home |
|---|---|---|
| Independent administration | Executor handles the estate with little court oversight; usually faster and less expensive | An independent executor can generally sell without asking the court first |
| Dependent administration | The court supervises each major step | Generally needs a court order, so a sale takes longer |
| Muniment of title | Court admits the will; its order is the record of ownership; no executor | Heirs named in the will sign, using the court’s order |
A court can allow independent administration when the will says so, or when all the people who inherit agree to it. Muniment of title is available when the estate owes no debts other than those secured by real estate, or the court finds administration is not needed for another reason.
What are the options if there is no will?
The family uses a court heirship determination, an affidavit of heirship, or, for some small estates, a small estate affidavit.
- Heirship determination. A court declares who the heirs are. It can be filed at any time after the death. The court appoints an attorney to represent any heirs who are unknown or can’t be found, and the family history must come from disinterested, credible witnesses.
- Affidavit of heirship. A sworn statement of the family history, recorded in the county deed records. Texas law gives a model form. Once recorded for five years, a court must accept its facts as evidence of who the heirs are, unless someone proves otherwise. Many title companies accept these affidavits, but no law requires them to. Our guide to the affidavit of heirship in Texas covers who signs it and when it isn’t enough.
- Small estate affidavit. It applies only when there is no will, and its $75,000 limit does not count the homestead or other exempt property. A judge must approve it, and at least 30 days must pass after the death. For real estate, it can transfer only a homestead, and only when that is the only real property in the estate. Other limits apply, so check with a probate attorney and the title company early.
What deadlines apply to probate in Texas?
The key one is that a will generally must be offered for probate within four years of the death.
| Rule | Timeline |
|---|---|
| Offer a will for probate | Generally within 4 years of the death |
| Notice to people named in the will | Within 60 days after the will is admitted |
| Inventory of the estate | Within 90 days after the executor or administrator qualifies, unless the court changes it |
| Small estate affidavit | Not before 30 days after the death |
| Affidavit of heirship as evidence | After it has been recorded for 5 years |
| Heirship determination | Any time after the death |
After four years, a court can still admit a will only in limited cases, and it can no longer appoint an executor with letters testamentary. A buyer who purchases in good faith from the heirs after the four years, without knowing of a will, keeps good title against someone named in a will offered later. If time has passed, talk to a probate attorney soon.
Where is probate filed?
If the person lived in Texas, probate is generally filed in the county where they lived. Some larger counties, including Bexar, Collin, Dallas, Denton, Harris, Tarrant and Travis, have statutory probate courts that handle these cases. In most other counties, probate goes to the county court or a county court at law.
The county clerk’s office can tell you where to find filed cases and court records.
Who pays the bills while the estate is open?
Someone needs to keep paying property taxes, insurance and the mortgage, and keep receipts.
| Bill | What to do | Why |
|---|---|---|
| Property taxes and insurance | Keep paying | Unpaid taxes are a lien on the home; penalties and interest add up |
| Mortgage | Call the servicer, report the death, ask how to keep paying | The servicer may ask for the will and death certificate, or an executor’s letter |
| Everything | Track what each person pays | So it can be sorted out when the estate is settled |
Can an heir keep the mortgage?
Often, yes. Federal law bars a lender from calling most home loans due just because the home passed to a relative when the borrower died.
It covers homes with fewer than five units, and under the federal rule the relative lives or will live in the home. Once the servicer confirms you as a “successor in interest,” you generally get the same servicing protections as the original borrower. A reverse mortgage works differently, so ask the servicer about yours.
Should you keep, rent or sell the house?
Any of the three can work; the right one depends on who will live there, manage it or pay for it.
| Option | What it means | Worth asking |
|---|---|---|
| Keep it | An heir lives in the home, or buys out the others | Can the mortgage stay in place? Who pays the taxes and insurance? |
| Rent it | The heirs own it together and lease it out | Who manages it? How are rent and repairs split? |
| Sell it | Everyone with authority signs, and the proceeds are divided | Sell as-is or fix it up? What would we keep after costs? |
What happens when siblings don’t agree?
Co-owners can try to agree on a buyout, a sale or a split, and if talks fail, any co-owner can ask a court to partition the property. Each co-owner can also sell their own share without the others’ consent.
When a court finds a house can’t be divided fairly, it orders it sold and divides the money by ownership share. Court partition is slow and costly.
For inherited property, Texas adds the Uniform Partition of Heirs’ Property Act. When it applies, the other co-owners get the chance to buy out the co-owner who asked for a sale, at a value the court sets, before any sale. A mediator or probate attorney can often help the family settle it first.
Do you owe tax when you sell an inherited home?
Often little federal tax if the home sells soon, because of the stepped-up basis, and Texas has no inheritance tax.
| Rule | What it means |
|---|---|
| Stepped-up basis | Basis is generally fair market value on the date of death, not what the owner paid |
| Long-term treatment | Gain or loss on inherited property is long-term, however long you held it |
| No Texas inheritance tax | Repealed effective September 1, 2015 |
There are basis exceptions, for example when you gave the property to the person who died within a year before the death. In 2025, Texas voters approved a constitutional amendment that bars the state from adopting an inheritance tax. A CPA can tell you what this means for your sale.
Does a surviving spouse have homestead rights?
Yes, a surviving spouse or minor children can have homestead rights that limit a split or forced sale.
- No forced split. The homestead cannot be partitioned among the heirs while the surviving spouse uses or occupies it as a homestead, or while a court lets the guardian of the minor children live there.
- Protection from most debts. When there is a surviving spouse or minor child, the homestead generally can’t be used to pay the estate’s debts. Exceptions include the purchase money, taxes on the home and certain other liens.
These rights can change who decides whether to sell, and when. Ask a probate attorney before anyone makes plans for the home.
Should you sell as-is or fix it up?
It depends on whether the repairs pay for themselves. Many inherited homes have deferred maintenance, and fixing things can raise the price, but it takes money and time while the estate pays the bills.
A local agent can tell you which repairs pay for themselves and what the home would bring as-is. You can compare that with cash offers versus listing.
Who should you call first?
- A probate attorney, to choose the path and get authority to sell.
- A title company, to learn what they will require to close.
- Us, for a price range and both options side by side.
Frequently asked questions
Can I sell an inherited house before probate is finished?
Only someone with legal authority can sign the sale, and a title company will not close until that is clear. An independent executor can generally sell estate property without asking the court first. Under dependent administration, a sale generally needs a court order and takes longer.
Do all the heirs have to sign?
If several heirs inherit together, all of them usually need to agree and sign. If one heir wants to keep the house, the others can sell their shares to that heir instead. If talks fail, any co-owner can ask a court to partition the property.
Is there a deadline to probate a will in Texas?
A will generally must be offered for probate within four years of the death. After that, a court can admit it only in limited cases and can no longer appoint an executor with letters testamentary. If time has passed, talk to a probate attorney soon.
Will I pay capital gains tax on an inherited home?
For federal tax, the basis is generally the home’s fair market value on the date of death, which often means little taxable gain if the home sells soon. Any gain or loss is treated as long-term. Texas has no inheritance tax, and a CPA can tell you what applies to your sale.
Sources
- Independent administration, letters testamentary, muniment of title, determination of heirship, affidavit of heirship and small estate affidavit: Texas State Law Library, Probate: Formal Administration and Probate: Informal Methods.
- Independent administration by agreement of the people who inherit: Texas Estates Code §401.002; an independent executor acts without court orders: §402.002. Court order generally required to sell estate property: §356.001.
- Muniment of title when the estate owes no debts other than those secured by real estate: Texas Estates Code §257.001.
- Heirship proceeding at any time after death: Texas Estates Code §202.0025; attorney ad litem for unknown heirs: §202.009; disinterested, credible witnesses: §202.151.
- Recorded affidavit of heirship as evidence of who the heirs are: Texas Estates Code §203.001 (recorded five years); model form: §203.002. Title companies commonly accept them, and no law requires third parties to: Texas State Law Library, Probate: Informal Methods.
- Small estate affidavit (no will, 30 days after death, $75,000 limit excluding homestead and exempt property, judge’s approval): Texas Estates Code §205.001; homestead only when it is the only real property: §205.006.
- Four-year deadline to probate a will, no letters testamentary after it, and protection for a good-faith buyer from heirs: Texas Estates Code §256.003 (also at texas.public.law).
- Notice to beneficiaries within 60 days: Texas Estates Code §308.002; inventory within 90 days: §309.051.
- Probate filed in the county where the person lived: Texas Estates Code §33.001. Which court hears probate where there is no statutory probate court: §32.002.
- Statutory probate courts: Texas Government Code §25.0451 (Collin), §25.0591 (Dallas), §25.0631 (Denton), §25.2221 (Tarrant), and the probate court provisions for Bexar, Harris and Travis listed in Chapter 25.
- Nonrenewal of a home policy when the house is vacant 60 days or more: Texas Department of Insurance, Home insurance canceled or not renewed.
- Forwarding a deceased person’s mail: U.S. Postal Service, How to stop or forward mail for the deceased.
- Court-ordered examination of a safe deposit box for a will: Texas Estates Code §151.001.
- Tax lien on the home for taxes, penalties and interest: Texas Tax Code §32.01; penalties and interest: §33.01.
- Contacting the mortgage servicer about an inherited home: Consumer Financial Protection Bureau, How do I get mortgage information about a home I inherited?. Confirmed successors in interest get the same servicing protections: CFPB, Consumer Financial Protection Bureau expands foreclosure protections.
- No due-on-sale for a transfer to a relative on the borrower’s death (fewer than five units): 12 U.S.C. §1701j-3(d); occupancy condition: 12 C.F.R. §191.5(b).
- Partition by any co-owner: Texas Property Code §23.001. Sale when the property can’t be divided fairly, and co-owners selling their own shares: Texas A&M Real Estate Research Center, Publication 1815. Heirs’ property and the co-owner buyout: Texas Property Code §23A.002, §23A.003 and §23A.007.
- Basis of inherited property (fair market value at death, exceptions): IRS, Publication 551; basis and long-term treatment: IRS, Publication 559.
- Texas inheritance tax repealed effective September 1, 2015: Texas Comptroller, Texas inheritance tax repealed; Senate Bill 752 (2015). Constitutional ban on state death taxes, on the November 4, 2025 ballot: House Joint Resolution 2 (2025); approved by voters: Ballotpedia.
- Homestead not partitioned during a surviving spouse’s use, or a minor children’s guardian’s court-allowed use: Texas Constitution Art. XVI, §52; Texas Estates Code §102.005. Homestead generally not liable for estate debts when there is a surviving spouse or minor child: §102.004.