Selling an Inherited Home in Houston

Who has the authority to sell

Before a buyer can close, the title company has to be satisfied that the people signing have the legal right to sell. How that is shown depends on whether there is a will and whether there is a probate case.

• Ownership passes at death, subject to debts. Under Texas law, a person's property passes to the people named in their will, or to their legal heirs if there is no will, immediately at death. That transfer is subject to the person's debts, which is one reason the paperwork still matters before a sale. Texas Estates Code §§ 101.001, 101.051
• A will alone does not prove title. A will does not prove anyone's right to the property it leaves until a court admits the will to probate. Having the original will in hand is a starting point, not authority to sell. Texas Estates Code § 256.001
• Letters are the executor's proof of authority. Letters are the court document that gives someone authority to act for the estate. An executor named in a will receives letters testamentary; a court-appointed administrator receives letters of administration. TexasLawHelp.org, Probate Court Basics (legal review Jan 6, 2025)
• Independent vs. dependent administration. Independent administration runs with limited court supervision; it can be requested in the will or, if all beneficiaries agree, set up by the judge. In a dependent administration the judge oversees the administrator, who posts a bond and files accounts, and the judge requires it when beneficiaries do not agree or a beneficiary is a minor. TexasLawHelp.org, Probate Court Basics (legal review Jan 6, 2025)
• Independent executors can sell without a court order. Unless the will limits it, an independent executor or independent administrator has the same power to sell estate property that a court-supervised representative has, but without needing court approval of the sale. Texas Estates Code §§ 402.002, 402.052
• Court-supervised estates need court approval to sell. In a court-supervised (dependent) administration, estate property generally may not be sold without a court order authorizing the sale, and a sale of real property is reported to the court, which approves it if it finds the price fair and the sale proper. Texas Estates Code §§ 356.001, 356.556
• Transfer on death deeds skip probate for the house. A Texas transfer on death deed passes real estate to the named beneficiary at the owner's death without probate. It only works if it was signed, acknowledged and recorded in the county deed records before the owner died, and a will cannot revoke it. Texas Estates Code §§ 114.055, 114.057(b); TexasLawHelp.org, Transfer on Death Deed (TODD) Information and Answers
• What a TODD beneficiary receives. The beneficiary must survive the owner by 120 hours. They take the property subject to any mortgage, liens and other interests on it at the owner's death, and the deed carries no warranty of title. For two years after the death, the property can be reached for estate debts if the probate estate is not enough. Texas Estates Code §§ 114.103, 114.104, 114.106; Estates Code § 114.057(d)

Probate and the other ways title passes

• Most probate cases need a lawyer. TexasLawHelp.org says almost all probate cases require a lawyer. The main exception it lists is the small estate affidavit, which in most Texas counties can be filed without one. TexasLawHelp.org, Probate Court Basics (legal review Jan 6, 2025)
• The four-year window to probate a will. A will generally cannot be admitted to probate after the fourth anniversary of the person's death unless the applicant proves they were not in default for the delay. The State Law Library notes that otherwise property may pass as if there were no will. Texas Estates Code § 256.003(a); Texas State Law Library, Probating a Will
• No executor letters after four years, with narrow exceptions. An application for letters testamentary or of administration generally must be filed by the fourth anniversary of the death. If a will is admitted after four years, letters testamentary are not issued unless the probate application itself was filed within the four years. Texas Estates Code §§ 301.002, 256.003(b)
• Muniment of title: probate without an executor. A court may admit a will to probate as a muniment of title when the estate owes no unpaid debts other than debts secured by real estate liens (such as a mortgage), or when there is another reason administration is not needed. Texas Estates Code § 257.001
• How a muniment of title transfers a house. With a muniment of title, the judge signs an order admitting the will and no executor is appointed. To transfer real property, the court order and a copy of the will are filed in the deed records of the county where the property is located. Texas State Law Library, Real Property Deeds; TexasLawHelp.org, Probate Court Basics
• What the muniment order allows. A person who receives property under a will probated as a muniment of title may deal with that property as if the record title were in their name, and people who deal with the estate in reliance on the order are protected. Texas Estates Code § 257.102
• Small estate affidavit: the basic conditions. A small estate affidavit is for a person who died without a will. At least 30 days must have passed, no application for a personal representative can be pending or granted, estate assets other than the homestead and exempt property cannot exceed $75,000, and the judge must approve the affidavit. Texas Estates Code § 205.001
• Small estate affidavits and real estate. A small estate affidavit can transfer title to the decedent's homestead only when the homestead is the only real property in the estate, and the approved affidavit must be recorded in the deed records of the county where the home is. Otherwise the affidavit does not transfer title to real property. Texas Estates Code §§ 205.006, 205.008
• Whose home counts as a 'homestead' here. For small estate affidavits, 'homestead' means a homestead that could be set aside for the surviving spouse and minor children. TexasLawHelp.org puts it simply: a small estate affidavit can only be used to transfer a home to a surviving spouse or minor child. Ask an attorney whether your family's situation fits. Texas Estates Code §§ 205.009, 353.051; TexasLawHelp.org, Probate Court Basics
• Buyers can rely on a recorded small estate affidavit. A buyer who pays value in good faith may rely on a recorded small estate affidavit for a homestead and takes title free of an heir the affidavit left out, unless the buyer knew of that heir or the deed records identified them. The buyer still takes subject to the decedent's creditors' claims, and the omitted heir can recover from the heirs who were paid. Texas Estates Code § 205.006(b)-(c)
• Determination of heirship: a court names the heirs. A determination of heirship is a court proceeding, used mostly when there is no will, in which the judge declares who the heirs are and each heir's share. To transfer real property, a copy of the court's orders is filed in the property records of the county where the property is located. Texas State Law Library, Informal Methods; Texas Estates Code §§ 202.002, 202.201
• Heirship cases in Harris County. Harris County Probate Court No. 4 asks that its heirship hearing paperwork include the attorney ad litem's answer, proof that citation was served, and a proposed judgment declaring heirship signed by both the attorney of record and the attorney ad litem before a hearing is requested. Harris County Probate Court No. 4, Heirship Hearing settings
• Affidavit of heirship: a sworn family history. An affidavit of heirship is a sworn statement, signed by someone who knows the family history, listing the decedent's heirs. A court does not verify it, and for real property it is filed with the county clerk where the property is located. Texas State Law Library, Informal Methods
• How buyers and title companies treat heirship affidavits. The State Law Library says real estate buyers and title companies commonly accept affidavits of heirship as proof of title, though this involves some risk to the buyer. No law requires anyone to accept one, and banks usually do not. Whether a given title company will insure a sale on one is its decision. Texas State Law Library, Informal Methods and Real Property Deeds
• Recorded heirship affidavits gain weight after five years. Once an affidavit of heirship has been recorded in the county deed records for five years or more, a court must accept its statements as prima facie evidence of the family facts in a heirship or title case. It does not cut off the rights of an omitted heir or a creditor. Texas Estates Code § 203.001

Documents to gather

• TODD paperwork after the owner dies. The beneficiary should record an affidavit of death in the county deed records to show clear title; TexasLawHelp.org recommends it. The State Law Library lists an affidavit of death and a copy of the death certificate, and a title company will want proof of death before a sale. TexasLawHelp.org, Transfer on Death Deed (TODD) Information and Answers; Texas State Law Library, Real Property Deeds
• The county won't put your name on the old deed. The county cannot add an heir's name to the old deed or issue a new deed. New ownership is shown by the existing deed plus the supporting documents filed with the county clerk, which together build the chain of title a buyer's title company reviews. Texas State Law Library, Real Property Deeds
• Institutions ask to see recent letters. Most financial institutions ask to see letters testamentary or letters of administration before acting, and the State Law Library notes some require letters issued within the last 60 days. Texas State Law Library, Formal Administration
• HOA resale certificate timing. In a subdivision with a property owners' association, the association must deliver the resale certificate and subdivision information within 10 business days after it receives a written request from the owner, the owner's agent, the buyer or the title company, along with proof of the requester's authority. Texas Property Code § 207.003

If there is a mortgage

• The lender generally can't call the loan just because of the death. The federal Garn-St Germain Act generally stops a lender from enforcing a due-on-sale clause for certain transfers, including many transfers to a relative when the borrower dies. An heir is not personally liable on the loan unless they take it on, and the lender may agree to add them as a borrower. Consumer Financial Protection Bureau, interpretive rule on successors in interest (2014)
• Ask the servicer to confirm you as successor in interest. If you write to the mortgage servicer saying you may be a successor in interest, and give the deceased borrower's name and enough information to identify the loan, the servicer must reply in writing with the documents it needs to confirm your identity and ownership and a phone number for help. CFPB, Regulation X § 1024.36(i)

Property taxes and exemptions

• When a homestead exemption ends. Once allowed, a homestead exemption stays on the property until ownership changes or the owner's qualification changes. A person who no longer qualifies must notify the appraisal district in writing before May 1 after their entitlement ends. Ask HCAD (713-957-7800) how a death in the family affects the exemption. Tax Code § 11.43(c), (g)
• Surviving spouses 55 and older. A surviving spouse age 55 or older may be eligible to keep the deceased spouse's age 65 or older exemption, if the spouse died in a year they qualified and the survivor lives in the home as their primary residence. Texas Comptroller, Property Tax Exemptions
• Heirs who live in the home. An heir who lives in an inherited home but is not on a recorded deed can apply for the homestead exemption with an ownership affidavit, the prior owner's death certificate, a recent utility bill and any court record. Other heirs living there sign an affidavit authorizing the application. Texas Comptroller, Property Tax Exemptions (heir property)
• Texas has no inheritance tax. Texas repealed its inheritance tax (Tax Code chapter 211) effective September 1, 2015. The bill analysis says the tax had not been collected for nearly a decade because it was tied to a federal credit that no longer exists. Federal tax rules still apply. Texas Legislature, Bill Analysis for S.B. 752 (84th Legislature)

Insurance on a vacant home

• Empty homes and homeowners insurance. TDI says most homeowners policies don't cover losses that happen after a house has been vacant for the number of days in the policy, and that a company may nonrenew if a house is vacant 60 days or more. Most companies stop property coverage after that long, though usually not liability coverage. Texas Department of Insurance, Home insurance guide (updated 6/1/2026)
• Talk to the insurance company early. TDI's advice for a home that will sit empty for an extended time is to talk to the insurance company to make sure coverage continues, and to report any claim as soon as possible because most companies have filing deadlines. Texas Department of Insurance, Home insurance guide (updated 6/1/2026)

Securing and caring for a vacant home

• General advice, not a legal requirement: change or rekey the locks once the family has the keys it needs, and keep a written list of who has access.
• General advice: keep electricity and water on while the home is being prepared and shown so inspections, appraisals and showings can happen; ask the utility how to move the account into the estate's or an heir's name.
• General advice: in winter, keep the thermostat at a safe minimum and know where the water shutoff is; in summer, keep the A/C running enough to control humidity.
• General advice: arrange regular visits, lawn care and mail forwarding or pickup so the home does not look empty.
• General advice: photograph each room and the exterior before anything is moved or removed, and keep valuables and important papers out of the house.
• General advice: keep paying the mortgage, property taxes, insurance and HOA dues while the estate is open unless the attorney says otherwise, and keep receipts for every estate expense.

The seller’s disclosure

• The seller's disclosure notice. Texas generally requires the seller of a single-family home to give the buyer a written seller's disclosure notice about the property's condition. TREC's Seller's Disclosure Notice (form 55-1) became effective May 28, 2026. Texas Property Code § 5.008(a); TREC, Seller's Disclosure Notice (55-1)
• Estate fiduciaries are exempt from the notice. The disclosure requirement does not apply to a transfer by a fiduciary in the course of administering a decedent's estate, or to a court-ordered transfer. Heirs selling in their own names may not fall under that exemption, so ask the estate's attorney. Being exempt from the form does not erase other duties about known defects. Texas Property Code § 5.008(e)(1), (e)(5)

Federal taxes

• Inherited basis is usually date-of-death value. The IRS says the basis of inherited property is generally its fair market value on the date of death, or on the alternate valuation date if the estate files an estate tax return and elects it. If you sell for more than your basis, the difference is a taxable gain. IRS Publication 551 (12/2025), Inherited Property; IRS FAQ, Gifts and Inheritances
• Texas community property and basis. Texas is a community property state. When a spouse dies, the IRS says the total value of community property, including the surviving spouse's half, generally becomes the basis of the entire property, if at least half is includible in the decedent's estate. A CPA can confirm how this applies. IRS Publication 551 (12/2025), Community Property
• When the estate files an estate tax return. If the estate is required to file a federal estate tax return (Form 706), beneficiaries generally receive a Schedule A (Form 8971) showing the estate tax value of what they inherited, and some beneficiaries must use that value as their starting basis. IRS Publication 551 (12/2025), Inherited Property
• Inherited property counts as held long term. The IRS treats inherited property as held for more than one year, no matter how long you actually owned it. When a sale must be reported, it goes on Schedule D and/or Form 8949. Talk to a CPA before and after the sale. IRS Publication 544 (2025), Holding Period; IRS FAQ, Gifts and Inheritances

Facts checked Oct. 27, 2026. Each item links to its source.