OfferIQ
Inherited house

Inherited a house you cannot keep? We work with the estate.

Probate open, family in three cities, a house costing money every month. Enter the address and see what it is worth, what it costs to hold, and your number. Nothing has to be cleared out first.

See my number

Two questions about your situation, then your address. Nothing is signed by looking.

A brick house with a lawn on a clear day
  • 5 yearsbefore a recorded heirship affidavit becomes evidence on its ownEstates Code 203.001
  • $75,000the small estate affidavit ceiling, excluding homestead and exempt property205.001
  • 30 daysafter a death before a small estate affidavit can be filed205.001
  • No debtsthe condition for probating a will as a muniment of title, other than liens on real estate257.001

The clock you are on

LettersOnce the court issues letters, the executor can sell. Your page shows the case stage from the record.
Carrying costTaxes, insurance and upkeep every month it sits. Your page adds it up.
The closingWithin 21 days of signing, with the title company handling the estate paperwork.

What we do about it

Plain terms. The same ones on every page and in the agreement.

  1. 1
    We do not ask for probate documents. The title company collects what the estate requires.
  2. 2
    Heirs in different cities can each read the page. One person signs for the estate.
  3. 3
    A listing may net more if the family can wait and fund repairs. Your page says so plainly.

How we help with this specifically

We work with the estate, not around itPlaceholder. Replace with the number of estate closings and the title companies that handled them.
Nothing has to be cleared outLeave the furniture, the paperwork, the garage. Clearing the house is ours after closing.
One number for every heir to look atThe same page, the same arithmetic, so nobody is negotiating against family.

An inherited house cannot be sold until somebody can prove they have the authority to sell it. That is not a formality invented by buyers. It is what the title company has to establish before it will insure the sale.

Texas gives families several routes, and which one fits depends on whether there was a will, whether there are debts, and how much everyone agrees.

Why the title company cares who owns it

Title insurance protects the new owner against somebody turning up later with a better claim. With an estate, the risk is an heir nobody mentioned, so the title company asks for proof of who inherited and who may sign.

Getting that proof in order early is usually the longest part of selling an inherited house, and it can run alongside everything else.

Probate of a will as a muniment of title

If there is a will and the estate has no unpaid debts other than debts secured by liens on real estate, a court can admit the will as a muniment of title under Estates Code section 257.001. No executor is appointed and no administration is opened.

A person who takes property under a will admitted that way is entitled to treat the property as if the record of title were already in their name. For a clean estate with a house and no creditors, this is often the shortest road.

The affidavit of heirship, and its limits

When there is no will, families often record a sworn statement of the family history and who the heirs are. Under Estates Code section 203.001 that statement becomes prima facie evidence of the facts in it once it has been on record for five years in the county where the land sits.

Before five years it is still useful, and many title companies will accept one with supporting affidavits from people who knew the family. But the statute is explicit that an heirship affidavit does not affect the rights of an omitted heir or a creditor, so it is evidence rather than a shield.

The small estate affidavit

For an intestate estate, Estates Code section 205.001 allows a small estate affidavit when at least 30 days have passed since the death, no personal representative has been appointed or applied for, and the estate assets, excluding the homestead and exempt property, do not exceed seventy five thousand dollars. A judge has to approve it.

It is narrow, and it does not fit every estate with a house in it. Where it does fit, it is far lighter than an administration.

What the house costs while the family decides

Taxes, insurance and upkeep continue every month whether anybody lives there or not, and a vacant house is harder to insure than an occupied one. Your page adds the monthly figure up from the county record so the cost of waiting is a number rather than a feeling.

An empty house also attracts the problems empty houses attract: a pipe that bursts unnoticed, copper stolen, code letters from the city.

Selling with heirs in three cities

Nothing has to be cleared out first. Leave the furniture, the paperwork and the garage as they are. What stays behind becomes ours after closing.

Every heir sees the same page with the same arithmetic, which keeps a family from negotiating against itself. Signing can be done remotely, and the title company handles the estate paperwork it needs.

Written from the statutes themselves: Estates Code chapter 203, chapter 205, chapter 257. We are not lawyers and this is not advice about your own case.

Questions people ask

Can you sell a house that is in probate in Texas?

Yes, once somebody has the authority to sign. That can come from an executor or administrator appointed by the court, from a will admitted as a muniment of title, or in some estates from heirship documents the title company accepts.

What is an affidavit of heirship?

A sworn statement of the family history and who the heirs are, recorded in the county where the land sits. Under Estates Code section 203.001 it becomes prima facie evidence of those facts once it has been on record for five years, and it does not cut off an omitted heir or a creditor.

What is muniment of title?

A short route for an estate with a will and no unpaid debts other than liens on real estate. The court admits the will as evidence of title without appointing anyone, and the person taking under the will can treat the property as if title were already in their name.

What is a small estate affidavit?

For an intestate estate where 30 days have passed, nobody has been appointed, and the assets excluding the homestead and exempt property do not exceed seventy five thousand dollars. A judge approves it.

Do all the heirs have to agree to sell?

Everyone with an interest has to sign. That is why families who agree get through this in weeks and families who do not can take much longer. We will not lean on anybody who does not want to sell.

Does the house have to be cleared out?

No. Leave the furniture, the paperwork, the garage. Clearing it becomes ours after closing.

What if there is still a mortgage on it?

It is paid off out of the proceeds at closing like any other loan. If the payments have fallen behind during probate, say so, because the timing then matters.

Can we sell before probate closes?

Usually, once letters are issued. A muniment of title or an affidavit of heirship can work in other cases. The title company advises; we do not give legal advice.

The house is full of belongings.

Leave what you do not want. We buy as it stands.

What if the inspection finds something?

If the house matches your photos, nothing changes. If something material was not disclosed, we send the documented repair cost in writing and you choose: adjust by that amount, or walk away with your earnest money back.

Do I have to talk to anyone?

No. Most owners go from address to signed agreement without a call. A person is available on every screen, and we do not call unless you ask.

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About five minutes. No name, phone or email to see your page. No obligation.

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