Inherited & probate houses · Texas guide

Inherited a house in Texas? Here is how a sale can work.

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You can ask for an as-is review before the house is cleaned out or repaired. Before anyone signs, the right people need the legal power to sell. This guide explains the common Texas paths, with links to the law.

No cleanout to start · No obligation · General information, not legal advice

Step 1

Find out who can sign the deed

A buyer and a title company need to know who owns the house now. In Texas that depends on whether there was a will and what has been filed. Find the line that fits your family.

There is a will, and the court named an executor

The executor or administrator usually signs the deed for the estate. Ask the estate's attorney whether the sale also needs a court order. Read more: Texas State Law Library, deeds after a death.

There is a will, and no debts except the mortgage

A court may admit the will as a "muniment of title." No executor is appointed. The court order and the will are recorded in the county deed records, so the people named in the will can sign. See Texas Estates Code ch. 257.

There is no will

Texas law decides who the heirs are. Families often record an affidavit of heirship in the county deed records (Estates Code ch. 203), or ask a court to declare the heirs. Many title companies accept an affidavit of heirship for a sale, but no law makes them. Ask yours early.

It is a small estate

If there is no will, at least 30 days have passed, and the estate is worth $75,000 or less without counting the homestead and exempt property, a judge may approve a small estate affidavit. It passes title to a house only when the homestead is the only real estate. See Estates Code ch. 205.

The owner signed a transfer on death deed

If that deed was recorded before the owner died, the house goes to the person it names without probate. That person usually records an affidavit of death and the death certificate. See Estates Code ch. 114.

Step 2

Texas deadlines and facts to know

Four years to probate a will

In general, a will must be filed with the court within four years after the death. After that, the court cannot appoint an executor, and a late will is accepted only in limited cases (Estates Code §256.003). If four years have passed, talk to a probate attorney before you sign a sale contract.

Five years on record

An affidavit of heirship that has been in the deed records for five years or more counts as prima facie evidence of the family facts it states (Estates Code §203.001). It does not cut off the rights of an heir who was left out.

Every owner usually signs

When several heirs own the house together, each owner usually needs to agree and sign. If someone disagrees, get legal advice before anyone signs.

The mortgage and taxes stay with the house

Loans, property taxes, and liens are paid from the sale. Ask the lender and the title company for payoff amounts so you can compare what you would actually receive.

Step 3

Compare a direct sale

Selling to Polus is one option. You can also list the house with an agent or keep it. Here is what a direct sale looks like. Compare your estimated net.

Start before the paperwork is done

Request a review now. We can plan a date around the probate or heirship steps. Closing waits until the right people can sign and the title company can insure the sale.

No cleanout to start

You do not need to empty or repair the house to request a review. The written offer says which belongings can stay.

Heirs in other states

Heirs who live far away can request a review. Ask the title company how each person can sign.

Clear costs

No agent commissions or listing fees. We cover standard closing costs as specified in the offer. Required payoffs may reduce what you receive.

FAQ

Selling an inherited house in Texas

Can I sell an inherited house before probate is finished in Texas?

Often you can request an offer and agree on terms early. The closing still needs someone with legal power to sign the deed and a title company willing to insure the sale. Your probate attorney and the title company can tell you when that will be.

Do I have to clean out the house first?

No. A review can start without a cleanout or repairs. The written offer says which belongings may be left behind.

What if one heir does not want to sell?

Usually every owner must agree and sign. A buyer cannot settle a family disagreement. Talk to a probate attorney before anyone signs a contract.

How long do I have to probate a will in Texas?

In general, four years from the date of death (Texas Estates Code §256.003). After that, the court cannot appoint an executor, and the options are narrower. Ask an attorney if you are close to that date.

Does Polus charge fees or commissions?

No agent commissions or listing fees. We cover standard closing costs as specified in the offer. Mortgage, tax, and lien payoffs may reduce what you receive.

Is this page legal advice?

No. Polus Acquisitions Group buys houses; it is not a law firm. This page is general information about Texas law. Talk to a Texas probate attorney about your situation.

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Sources

Checked November 11, 2026. This page is general information, not legal advice. Polus Acquisitions Group buys houses; it is not a law firm. Talk to a Texas probate attorney about your situation. More reading: ways to sell an inherited house.

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