Key Takeaways

Key Takeaways Texas offers multiple probate options: Independent administration is fastest, small estate affidavits work for estates under $75,000, and affidavit of heirship can clear title without formal probate Intestate succession follows specific rules: When there's no will, Texas law determines who inherits based on family relationships, with different rules for separate vs. community property Inherited properties come with inherited problems: Back taxes, code violations, and maintenance issues transfer with the property, requiring immediate attention from heirs Multiple heirs create complications: When several people inherit the same property, disagreements are common and any heir can force a court-ordered sale through partition proceedings

Texas Inherited Property Laws: What Heirs Need to Know About Probate in 2026

Look, I get calls every week from folks who've inherited property in Texas and have no idea what to do next. Just last Tuesday, I talked to a woman in Houston whose grandmother left her a house with $30,000 in back taxes and foundation problems. She was overwhelmed, didn't know where to start, and was scared she'd be stuck with a financial nightmare.

Here's the deal: Texas has some unique laws when it comes to inherited property, and understanding them can save you thousands of dollars and months of headaches. Whether you're dealing with a smooth probate situation or a messy heir property dispute, I'm going to walk you through everything you need to know.

How Texas Probate Works for Real Estate

Texas probate isn't as scary as people think, but it's definitely different from other states. The Lone Star State actually has some of the most straightforward probate processes in the country, especially if the deceased left a will.

When someone dies owning real estate in Texas, that property typically has to go through probate before it can be transferred to heirs. But here's where Texas gets interesting — they have several different types of probate proceedings, and some are much faster and cheaper than others.

Independent Administration vs. Dependent Administration

Most Texas probate cases use what's called "independent administration." This means the executor can handle most of the probate work without constantly going back to court for permission. It's faster, cheaper, and way less of a headache.

Dependent administration requires court approval for every little thing the executor wants to do. It takes longer and costs more. The good news? Most Texas wills include language that allows for independent administration.

Small Estate Affidavit (Affidavit of Heirship)

If the estate is worth less than $75,000 (not counting homestead property), Texas allows you to skip formal probate altogether. You can use a Small Estate Affidavit to transfer property directly to heirs. This is huge for families dealing with modest estates.

I've helped dozens of families use this process at HOMESELL USA. It's clean, it's fast, and it saves everyone money.

When There's No Will: Intestate Succession in Texas

About 60% of Americans die without a will, and Texas has specific laws about what happens to their property. This is called "intestate succession," and it can get complicated fast.

Here's how Texas divides property when there's no will:

• Married with children: Spouse gets 1/3, children get 2/3
• Married, no children: Spouse gets everything
• Single with children: Children get everything equally
• Single, no children: Parents get everything, or siblings if parents are deceased

But here's where it gets tricky — Texas recognizes both separate property and community property. Community property (acquired during marriage) follows different rules than separate property (owned before marriage or inherited).

The Reality of Heir Property Disputes

I had a family contact me last month from Dallas where four siblings inherited their parents' house. Two wanted to keep it, one wanted to sell, and one lived across the country and just wanted out. Nobody could agree on anything.

This is heir property in action, and it's more common than you think. When multiple people inherit the same property, you become "tenants in common." Each person owns a percentage, but nobody can force a sale without going to court.

Affidavit of Heirship: Texas's Unique Solution

Texas has something called an Affidavit of Heirship that's incredibly useful for real estate. This document establishes who the heirs are when someone dies without a will, and it can clear up title issues on property.

Here's what makes it powerful: after an Affidavit of Heirship is filed and sits on record for five years, it becomes conclusive evidence of heirship. Title companies will accept it to transfer property without formal probate.

The catch? It has to be signed by two disinterested witnesses who knew the deceased and the family situation for at least ten years. These witnesses have to swear under oath about the family history, marriages, divorces, children — everything.

When Affidavit of Heirship Makes Sense

I see this work best in situations where:

• The property has been in the family for years
• There's no dispute about who the heirs are
• Formal probate would be expensive compared to the property value
• The family can wait five years for clear title

Common Problems with Inherited Property in Texas

Look, I've been buying inherited properties through HOMESELL USA for years, and I see the same problems over and over again. Let me save you some trouble by telling you what to watch out for.

Tax Problems

Property taxes don't stop when someone dies. If the deceased was behind on taxes, that debt stays with the property. Texas property tax liens are serious business — the county can eventually foreclose and sell the property at auction.

The good news is that heirs often qualify for payment plans or even reductions if they can show financial hardship. But you have to act fast.

Maintenance and Code Issues

I can't tell you how many inherited houses I've seen where the previous owner let maintenance slide in their final years. Roofs leak, foundations settle, and code violations pile up. City code enforcement doesn't care that you just inherited the property — those violations are now your problem.

Multiple Heirs, Different Goals

This is the big one. When three siblings inherit a house and one wants to keep it as a rental, one wants to move in, and one needs cash immediately, there's going to be conflict. Texas law allows any heir to force a partition sale through the courts, but that's expensive and time-consuming.

Your Options When You Inherit Texas Property

Whether you're dealing with a pristine property in a great neighborhood or a fixer-upper with problems, you've got several options. The key is understanding what each one really means.

Keep the Property

This works great if you want to live in it or can afford to maintain it as a rental. But remember — you're inheriting more than just a house. You're inheriting the taxes, insurance, maintenance, and any existing problems.

Sell Through a Realtor

If the property is in good condition and you're not in a hurry, a traditional sale might get you top dollar. But remember, you'll pay commissions, closing costs, and you might need to make repairs first.

Sell to a Cash Buyer

This is where companies like HOMESELL USA come in. We buy inherited properties as-is, handle all the paperwork complications, and close fast. No repairs, no staging, no dealing with showings while you're grieving.

I had a family in Austin last year who inherited a house with foundation problems and a leaky roof. The estimated repair costs were $40,000, and they just wanted to be done with it. We bought it cash, closed in two weeks, and they walked away with a check instead of a headache.

The Bottom Line on Texas Inherited Property

Texas law is generally friendly to heirs, but inherited property always comes with complications. The key is understanding your options and not rushing into decisions while you're dealing with grief and family dynamics.

Whether you end up keeping the property, selling it traditionally, or working with a cash buyer like HOMESELL USA, make sure you understand the probate requirements, tax implications, and your rights as an heir.

Most importantly, don't let family disagreements drag on for years. I've seen too many inherited properties sit empty, accumulating taxes and code violations, while heirs argue about what to do. That helps nobody.

If you've inherited property in Texas and you're not sure what your next step should be, give Uncle Charles a call. I've helped thousands of families navigate these exact situations, and I can give you straight answers about your options. No pressure, no judgment — just honest guidance from someone who's seen it all.

Frequently Asked Questions

Frequently Asked Questions

How long does probate take in Texas?

Independent administration in Texas typically takes 6-12 months, while dependent administration can take 12-24 months or longer. Small estate affidavits can transfer property in just a few weeks if the estate qualifies.

Do I have to pay the deceased person's debts if I inherit their house?

You're not personally responsible for the deceased's debts, but those debts must be paid from the estate before property can be distributed. Property taxes and liens stay with the property regardless of who owns it.

Can I sell inherited property before probate is complete?

Generally no, you cannot sell inherited property until the probate court has officially transferred title to you as the heir. However, some cash buyers like HOMESELL USA can work with executors during probate to expedite the process.

What happens if multiple heirs can't agree on selling inherited property?

Any heir can file a partition lawsuit in Texas court to force the sale of inherited property. The court will order the property sold and divide the proceeds among the heirs according to their ownership percentages.

How much does probate cost in Texas?

Texas probate costs typically range from $3,000-$10,000 for straightforward cases, including court fees, attorney fees, and other expenses. Small estate affidavits cost much less, usually under $1,000 total.