Selling a house in probate in Texas

First: was there a will?

In Texas, how you sell an inherited house depends mostly on two things — whether your loved one left a will, and whether the estate owes debts other than a mortgage.

With a will: the will usually goes to probate court, and the judge either appoints an executor or accepts the will as a "muniment of title" (explained below).

Without a will: the heirs are set by Texas law. Families commonly use an affidavit of heirship, a small estate affidavit, or a court-appointed administrator.

When there's a will: executor or muniment of title

If the will names an executor and the court appoints them, the executor signs the sale on behalf of the estate. In most Texas estates the executor is "independent," which means they can usually sell without asking the court again — but the will and the court's order control, so the title company will check.

If the estate owes no debts except loans secured by real estate (like a mortgage), a judge can probate the will as a muniment of title. No executor is appointed; the court's order works as proof of who now owns the house, and those people sign the sale.

Texas expects a will to be filed for probate within four years of death. After that, it can generally only be used as a muniment of title, and it gets more complicated — another reason not to wait.

When there's no will: affidavit of heirship

An affidavit of heirship is a sworn statement of the family facts — who died, who their spouse and children were — signed in front of a notary and recorded in the county property records.

Texas law doesn't require witnesses, but in practice title companies usually ask for two (sometimes three) people who knew the family and won't inherit, plus a death certificate and signatures from the adult heirs. Each title company sets its own requirements, so we check with ours before you gather anything.

Once it's accepted, all the heirs sign the deed together and the proceeds are split at closing.

Small estates (under $75,000)

If there was no will and the estate's assets — not counting the homestead and certain exempt property — are worth $75,000 or less, the heirs may be able to use a small estate affidavit approved by a judge, at least 30 days after the death.

It can pass the family home (the homestead), but not other real estate. If your loved one owned a rental or land as well, a different path is needed.

Probate in Harris County

Harris County has five statutory probate courts. Estates in Fort Bend, Montgomery, Brazoria and other counties go through that county's court. An attorney files the case; once the court has acted, the title company takes it from there.

We don't give legal advice and we're not a law firm. If you don't have a probate attorney, the State Bar of Texas runs a lawyer referral service, and the title company can usually suggest attorneys who handle these regularly.

Medicaid and the family home

If your loved one was 55 or older and received Medicaid long-term care (such as nursing home care), Texas's Medicaid Estate Recovery Program may file a claim against the probate estate.

No claim is made while there's a surviving spouse, a child under 21, or a child who is blind or disabled, and there are hardship exemptions for lower-value homes and lower-income heirs. If this might apply, raise it with the attorney early — it affects how the sale proceeds are paid out.

How we buy a house in probate

We make a written offer you can share with the family.

We can sign while the estate is still being settled and close once the executor or the heirs can sell.

Everyone signs at a licensed title company (or by mail); everyone is paid at closing.

Take the photos and keepsakes first. Leave everything else — the clean-out is on us.