Selling an Inherited House in Texas
Yes. An inherited Texas house can be sold once it's clear who has the right to sign. A transfer on death deed or a written survivorship agreement may already have put it in your name. Otherwise an independent executor can usually sell without court approval, the beneficiaries can sign under a will probated as a muniment of title, or the heirs can sign together using an affidavit of heirship if a title company will insure it. Then come the Texas-sized questions: the foundation, the roof, flood history, the tax bill and what everyone wants.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Texas heirs in Houston, Austin, Round Rock, Killeen and everywhere in between. General information, not legal or tax advice.
Who Can Sign the Deed?
- TODD beneficiaryOwns the house once the death is documented. (Tex. Est. Code ch. 114)
- Survivor under a written agreementIncluding spouses who signed a community property survivorship agreement. (Tex. Est. Code § 111.001)
- Independent executorCan usually sell without court approval. (See How to Sell a House in Probate in Texas.)
- Beneficiaries under a muniment of titleSign together under the probated will.
- The heirs, with an affidavit of heirshipEvery heir signs, if the title company accepts it.
Community Property Wrinkles
When a married Texan dies without a will, the surviving spouse's share of community property depends on whether all the children are also the spouse's children. If there are children from another relationship, they may inherit the deceased spouse's half. That can leave a stepparent and stepchildren co-owning the house, which is one of the most common reasons I hear from Texas families.
First Things First
- Get the homeowner's policy into the right name.
- Find the mortgage, tax and HOA statements.
- Figure out which path to title fits.
- Keep the AC running and the house secure.
- Talk honestly with every heir.
Want a Number to Compare Against?
Fill me in on the house and the family members who have a stake. I'll put a firm as-is offer in writing and tell you candidly if a listing would do better.
Four Ways to Go
Move In
The homestead exemption, and any over-65 or disability freeze, belonged to the person who died. Apply for your own with the county appraisal district.
Rent It
Texas eviction rules changed in 2026, and rental demand near Fort Hood and in the big metros is steady. (See Selling a House With Bad Tenants in Texas.)
Fix and List
The best price when the family agrees on a budget and someone can manage contractors.
Sell As-Is
When the foundation, roof or plumbing needs real money, or the house is still full, an as-is sale lets you skip it. If you'd rather skip the whole production, sell it as-is to a real estate investor: no open houses, no repair negotiations after inspection, no hauling furniture in the Texas heat, and a closing date you set. Sell to Dennis Buys Houses and the clean-out is our problem, not yours. Take what you want and leave everything else. If we run across anything personal or valuable, we'll make sure it gets back to you.
What It's Actually Worth
The appraisal district's value is for taxes, and it's often out of date. Look at recent comparable sales, then factor in the foundation (expansive clay is common in Central Texas and Houston), roof and hail history, HVAC, plumbing and any flood damage. In Austin and Williamson County, the lot itself can carry much of the value.
What You Have to Tell a Buyer
Texas requires a seller's disclosure notice, with flood questions, in most single-family sales. Some sellers are exempt, including personal representatives in an estate. If the heirs sell after taking title, ask whether you need to complete it. (Tex. Prop. Code § 5.008)
The Contents
Find the papers, photos, jewelry and keepsakes first. The rest can go to family, an estate sale, donation, or simply stay in an as-is sale.
Siblings and Stepfamilies
- Sell togetherAgree in writing on price, who decides and how expenses come out.
- A buyoutBase it on an appraisal or agreed figure.
- One relative living thereSettle expenses and an end date; a surviving spouse may have homestead rights to stay.
- No agreementAny co-owner can file a partition suit, which often ends in a sale.
The Clocks That Keep Running
Texas property taxes are due by January 31, with penalties starting February 1. (See Selling a House With Delinquent Property Taxes in Texas.) An unpaid mortgage can go to a first-Tuesday foreclosure sale quickly. (See Selling a House in Foreclosure in Texas.) An empty house has its own risks. (See Selling a Vacant House in Texas.)
Taxes on the Sale
Heirs generally take a stepped-up basis at the value on the date of death, so a quick sale often shows little gain. Texas has no inheritance tax and no state income tax, so the main question is federal.
Selling From Another State
Texas title companies close remotely all the time. The hard part is protecting the house from summer heat, hail and the occasional hard freeze from far away.
When Getting It Done Was Worth More
A seller living out of state called me after his father died. The house was older but sound, and I told him more than once that he'd probably net more by listing. He still chose me, because being finished mattered more than the difference, and he never flew in; his proceeds were wired. You'll always see both options from me. (The whole story is on my About page.)
Mistakes Texas Heirs Make
- Assuming the surviving spouse owns everything.
- Missing a recorded TODD.
- Trying to sell without every heir's signature or proper authority.
- Losing the homestead exemption without reapplying.
- Ignoring foundation movement until the buyer's inspection.
- Letting the January 31 tax deadline pass.
Where I Fit, and Where I Don't
Texas heirs usually reach out when the house needs foundation, roof or flood repairs, is still packed, involves a stepfamily or title tangle, or sits hundreds of miles from where they live.
There's no need to empty the house for Dennis Buys Houses, either. Leave what you don't want and we'll handle it.
When the house is in decent shape and everyone wants to list, an agent generally beats my price, and I'll tell you that.
Whatever the situation, I'll be upfront about whether I'm a good fit for it.
Words From a Seller
“Thanks for buying my Mom’s house. I didn’t know what to do after three real estate agents told me they wouldn’t list it in the condition it was in. I appreciate you being flexible with me and giving me time to remove the pictures and other valuables that my Mom had. Thanks also for not pressuring me to sell like some of the other guys that sent letters. The process was stressful enough without being pressured to sign a contract.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Sometimes. A TODD, a written survivorship agreement or an affidavit of heirship may avoid a full administration.
Not always. If the deceased had children from another relationship, they may inherit part of the community property.
No. Keep the keepsakes; with an as-is sale, Dennis Buys Houses handles what's left.
Often very little federally on a prompt sale because of the stepped-up basis. Texas has no inheritance or income tax.
Usually, unless you're exempt, such as a personal representative selling for the estate.
Any co-owner can file a partition suit, though most families settle before trial.
Your county clerk, appraisal district and probate court have the key records. Key law: Tex. Est. Code ch. 114, Tex. Est. Code § 111.001 and Tex. Prop. Code § 5.008.
Texas Selling Guides
- How to Sell a House in Probate in Texas
- Selling a Vacant House in Texas
- Selling a House With Bad Tenants in Texas
- Selling a House in Foreclosure in Texas
- Selling a House With Delinquent Property Taxes in Texas
Inherited a Texas House You Don't Want to Hold?
Send the address and a word about the family. I'll come back with an honest as-is figure, or point you toward a buyout or listing if either fits better.