Sell an Inherited House in Houston: A Guide for Heirs

What this means for you

This page is general information, not legal advice. HTX Sell My House is not a law firm and does not prepare affidavits of heirship or court papers. A probate attorney tells you what you must file; see where to find a lawyer.

Most inherited sales come down to three questions, in this order:

1. Who can sign the deed? It depends on how the house passes: an executor or administrator the court appointed, the people a probated will names, or the heirs. The sections below show each route, and the title company says who it needs to sign.
2. Will a title company insure the sale? Call one early. Its answer sets your timeline more than any buyer can.
3. Do the heirs agree? If they do, the sale is a paperwork question. If they do not, see siblings who disagree.

Who buys inherited houses in Houston as-is

You have more than one buyer, and you can ask any of them for a number.

• HTX Sell My House, in two ways. We buy it: if the house is in the Houston ZIP codes we work in, tell us what is wrong with it, and we say whether a buyer will take it as it stands; if we buy it, we make an offer and close the purchase with you once the title company can insure the sale. No repair is needed to get a number from HTX Sell My House. We take it to the builders for you: for an older house on a good lot, we bring it to the builders buying in that area and you take the best offer, with one contract. Either way you pay nothing to talk to us, and you see the buyer's name in writing before you sign.
• A listing agent. A house can be listed as it stands. An agent can give you a price estimate from recent sales nearby, which is a good number to compare any cash offer against.
• Other cash buyers and online instant-offer companies. Each states its own terms, fees and repair deductions. Read them and compare the amount you would actually receive.

If a listing would net you more than our number, we tell you so.

How to check any cash buyer

In its advice on mortgage relief scams, the FTC warns about people who trick owners into selling for cash for much lower than the selling price of similar homes nearby, or who ask the owner to sign over the deed before a sale (FTC, Mortgage Relief Scams, read 2026-10-21). In its advice to home buyers, the Texas Attorney General says to always use a title company, because title companies confirm who the legal owner is and what liens exist (Texas Attorney General, Home Buying and Moving, read 2026-10-21). The same caution works for sellers. Before you sign with anyone, including us:

• get the buyer's legal name and the offer in writing;
• close through an independent title company you can call yourself;
• never sign over the deed, or pay anything up front, before closing;
• compare the offer with a listing agent's estimate;
• look the company up on BBB.org, and report a deceptive offer to the Texas Attorney General.

Selling while probate or the affidavit is still pending

What the title company needs depends on how the house passes. These are the common routes in Texas.

• There is a will and an independent executor. An independent executor has the power to sell estate property without court approval, unless the will limits it (Texas Estates Code §402.052, read 2026-10-21). The executor signs; the title company will ask for the letters the court issued.
• The administration is court-supervised (dependent). Estate property may not be sold without a court order authorizing the sale, unless the will authorizes the executor to sell; even then, any directions in the will about the sale are followed unless a court order annuls or suspends them (Texas Estates Code §356.001 and §356.002, read 2026-10-21). With a court order, the contract is reported to the court within 30 days, and the court approves the sale before the representative conveys it (Texas Estates Code §356.551 and §356.556, read 2026-10-21). Expect the court's schedule to set the closing date.
• There is a will, but no administration is needed. A will probated as a muniment of title lets the people it names deal with the property as if title were in their names (Texas Estates Code §257.102, read 2026-10-21). It must be applied for within four years of the death (Texas Estates Code §257.054, read 2026-10-21).
• There is no will. The heirs may be able to sell with a recorded affidavit of heirship, if the title company accepts it. Read selling an inherited house with an affidavit of heirship for when that works, the Harris County recording steps and fees, and the court routes when it does not.

Ask the title company how it will need the sale handled before you sign a purchase contract. The routes differ in who signs and how long the paperwork takes.

What each heir walks away with

At closing, the title company's settlement statement shows the sale price, what is paid off from it (any mortgage, unpaid property taxes or other liens), the closing costs, and what is left for the sellers. When several heirs own the house, ask the title company to show each heir's share on the statement before closing, so everyone sees the same numbers.

Taxes and insurance keep running while a house waits to sell. The costs of waiting section on our home page lists the public figures for both.

Siblings who disagree: buyout or partition

Heirs who inherit a house together each own a share. When they do not agree on selling, there are three common ways forward.

One heir buys the others out. The heirs agree on a value, often from an appraisal, and one heir pays the others for their shares. Ask a title company to handle the transfer.

Everyone sells together. The house is sold, and the proceeds are split at closing.

A court partition. A joint owner of real property may compel a partition among the owners, in a district court of a county where the property is (Texas Property Code §23.001 and §23.002, read 2026-10-21). When the court finds the house is heirs' property, the Uniform Partition of Heirs' Property Act applies (Texas Property Code §23A.003, read 2026-10-21). The court then, in this order (Texas Property Code §23A.006 to §23A.010, read 2026-10-21):

1. sets the fair market value, usually through a disinterested appraiser;
2. if a co-owner asked for a sale, lets the co-owners who did not ask buy out those who did, at that value times their share, with 45 days after notice to elect;
3. divides the property in kind unless that would substantially prejudice the co-owners as a group;
4. if it does not divide it, orders a sale only when a co-owner asked for one (otherwise it dismisses the case), and that sale is an open-market sale through a broker unless sealed bids or an auction would serve the co-owners better.

One limit applies to a family home: the homestead may not be partitioned among the heirs while the surviving spouse elects to use or occupy it as a homestead, or while a court order lets the guardian of the decedent's minor children use and occupy it (Texas Estates Code §102.005, read 2026-10-21).

A partition suit is a lawsuit. Talk to a lawyer before anyone files one; the lawyer referral options give referrals for free.

Heirs who live out of state

You do not have to come back to Houston to sell.

• Signing. Outside Texas but inside the United States, a notary public can take your acknowledgment of a written instrument (Texas Civil Practice and Remedies Code §121.001, read 2026-10-21). Ask the title company how it handles signing for sellers who live elsewhere.
• The house. Tell us who has the keys. No repair is needed to get a number from HTX Sell My House. Tell us what is wrong with the house, and we say whether a buyer will take it as it stands.
• One point of contact. When several heirs are selling, pick one person to talk with the title company and with us, and keep everyone copied on the written offer.

Questions people ask