Selling an inherited house in Houston: what probate means for the sale.

First, who has the legal right to sell?

When a homeowner dies, the house passes under their will or, if there is no will, under Texas law. Whether you need a court's authority to sell, and what kind, depends on the situation: whether there is a will, whether there are debts, and whether all the heirs agree. A Texas probate attorney can usually answer that in one conversation, so it is the best first call.

The four-year rule for probating a will

Under Texas Estates Code section 256.003, a will cannot be admitted to probate after the fourth anniversary of the person's death unless the applicant shows they were not in default in failing to file on time. Whether a delay counts as default is decided by the court case by case, so treat four years as a deadline, not as a plan.

Disclosure when an estate sells

Texas sellers of residential property generally have to give the buyer a seller's disclosure notice (Property Code section 5.008). Transfers by a fiduciary in the course of administering a decedent's estate are among the exemptions listed in summaries of that law. Exemptions are narrow, so confirm yours with your attorney before relying on one.

A short checklist for heirs

• Find the will and get certified copies of the death certificate.
• List every heir and ask whether everyone agrees on selling.
• Keep property taxes, insurance and utilities current while you decide.
• Ask your insurer whether the policy still covers a vacant house.
• Photograph the house, secure it, and keep receipts for any money you spend on it.

Selling an inherited house as-is

Inherited houses often need clearing out, repairs or updates. We buy houses as-is, so you do not need to fix or empty anything first, and you choose the closing date. You can read more on our inherited and probate house page.