Selling a house when one owner is deceased texas

Though the death of a person you loved so dearly such as your parents happens to be so overwhelming, the need of you standing up, stumbling your feet and taking charge of life as it has come in the new dimension will arise since life has to move on. Death is one of the life’s biggest challenges since without mercy or second thoughts, it does takes away anything or everything one had or possessed.

Other reasons apart from paying bills that can compel you to sell your house without probating a will:

1) You having your own home and family and you don’t need a second house.

2) The fear of thieves vandalizing you parents home and stealing things since no one lives there.

3) They could have given you a house as a gift and then you get a family which happens to grow so fast hence making the house become too small for you and them.

In this article, lets discuss, get to think and know if its possible for you to sell a house before probate especially in Texas.

Probate Process

A probate is a judicial certificate that tends to recognize how genuine a will is and then goes ahead to confer powers to the executors to administer the estate and properties. The probate is highly required since mostly, it happens to outline the wishes of the deceased. The probate process begins when the executor who could have been chosen by the descendant in the last will decides to submit the will for probate in the courthouse where the deceased happened to live.

Courthouse

A probate court’s work is to carry out the probate in the house. In a death condition, the deceased may have left a will or not. If a will exists, the probate court gives direction and authority to the executor or inheritor. Where there is no will, Heir-ship affidavit should be prepared. The applicant of administration or probate should prepare and provide rightfully, the complete names of the beneficiaries and the relationship they had with the deceased. The probate court then goes ahead then and gives authority to the applicant only and only if all people related to the deceased especially the beneficiaries and close family members have come in to an agreement.

The probate process undergoes four steps.

File a Petition

You will be required to file a petition in a court and also give notice to the heirs and beneficiaries. This is mainly so as to appoint an executor if there is a will and if no will exist, an administrator of the estate to be appointed. All the descendants’ heirs and beneficiaries must be provided the notice to the court hearing. In case there is an objection about the petition by the beneficiaries, the court will grant them the opportunity to speak. Other people such as creditors to the descendants will be notified about the court hearing through the local newspaper.

Notify Creditors

The second step requires the personal representative to give notice to all creditors of the estate and also go ahead and take the inventory of the estate property. This is to give the creditors to make their claims on the assets within a certain time span. The deceased property such as stocks and bonds, business interests and real property is taken by a court appointed appraiser. Non-cash assets can be taken by an independent appraiser who could be hired by the estate.

Pay the Funeral Expenses, Taxes and Debts

Legitimate creditor’s claims are determined by the personal representative and he / she goes ahead and pays them off.

Transfer to Beneficiaries

After all, has been settled such as all claims paid, the personal representative or administrator then files a petition to the court to be given the powers to transfer the now remaining assets to the beneficiaries in accordance to the deceased will.

Without completion of the probate process, selling your house in San Antonio become tricky even in other cities. Let’s not deny that the probate process can be seen to be so tedious and costly since it involves you going to the court every time and you will have to at least wait for thirty days till the court grants you the authority over the estate. If by any chance you get a good lawyer, you’ll be lucky since you’ll be able to complete all that probate process in a short period of time.

Can you sell a house without going through probate in Texas? The answer is Yes. Texas happens to have exceptions in its probate processes.

Muniment of Title.

The Affidavit of Heirship.

Can you sell a house without probating a will or a house without a will? We’ve purchased many houses in Texas from homeowners that inherited a home yet there was no will (owner died intestate) & we’ve also bought homes where the seller died with a will (testate), yet the title company only needed notarized affidavits of heirships to complete the sale of the house.

Unlike the Muniment of Title, this is mostly used in cases where there happens to be no will but can also be used in cases where the heir doesn’t wish to probate a will at all and bypass/avoid probate all together. If you are an heir, and you want to speed up the settlement, you should go for this option. It is considered fast since you won’t have to go through the probate court. The beneficiaries will have the advantage of establishing the ownership of the personal property. Not withstanding the case of no will, it can also be used in the cases where there is a will. It will easily be processed when you come into an agreement about the distribution and disbursement of the deceased properties with the other heirs. You will also easily use the document to gain access to funds in the bank accounts and also other properties. The process will only require two individuals who are non-beneficiaries of the estate to sign the affidavit and then properties will easily be transferred.

In conclusion, we can see that it’s not a requirement for you to go through the probate process in order for you to sell a house.

Are you located in San Antonio Texas and willing to sell that house and avoid probate? Give us a call today at (210) 547-7505.

We have fair offers and we purchase in cash. Don’t mind about having a timeline as we do complete our deals very fast. We are also very flexible as we can go by our clients’ timeline.

Every day in Texas, families are faced with the difficult decisions that come with the loss of a loved one. Among the most challenging and time-consuming is navigating the murky waters of probate, when the departed family member has left behind a home that they owned. The family may be left wondering if they can sell the house in probate in Texas.

In this guide, we want to help you better understand the process of selling an inherited house out of probate in Texas. We will review the laws and regulations that dictate what needs to be done, and walk you through the steps you’ll need to take. Our goal is to help you make the process of selling a Texas house out of probate as simple as possible.

As with any situation involving property and the courts, you may want to consult an attorney. The State Bar of Texas offers an online lawyer directory; find a link at the bottom of this article.

With that in mind, let’s take a look at the probate real estate-selling process, and what you’ll need to know.

What is Probate?

Probate is the American legal process designed to ensure that the property of a person who has died is distributed fairly.

To put it another way: “probate” refers to the court system that settles the estate of the person who died.

In Texas, probate is handled by a court system. There are 18 statutory probate courts statewide, with nearly half of those in the Dallas / Fort Worth area alone. However, each of Texas’ 254 counties has its own County Clerk that can assist with probate claims. You can find your Texas county clerk’s office here.

A common probate situation is when a single or widowed person passes on, and their children or siblings are their heirs. Heirship can be determined in advance, typically by a written will or living trust.

When it comes to real estate, probate is often necessary to ensure the title is legally transferred to the heir, even when there is a written will leaving the house to that person.

How Much Does Probate Cost?

This is a tricky question to answer, because it depends on many factors.

For example, a basic estate with a written will, no outstanding debts, and no disputes: the only cost might be a probate application filing fee. In Dallas County, this is $266.

But costs can add up quickly. If there’s no will, you may need to file an Application to Determine Heirship. Using Dallas County’s fee schedule, that’s another $311, plus a $400 deposit for a court-appointed attorney. If the estate includes a house that you wish to sell right away, you can throw in another $242 for an Application for Sale of Real Property.

Some estimates find probate in Texas costs about $1,500, on average. Your actual costs could be lower – or much higher, if you need to hire an attorney.

On top of that, there are also holding and carrying costs to consider when a house is in probate. As the executor or beneficiary, you may be financially responsible for the costs of keeping the house. That would include property taxes, property insurance, landscaping, basic maintenance and repairs, and, if no one is living in the house, security to prevent burglary and theft. Because probate can take anywhere from six months to two years, those costs can really add up.

If the person who died was your spouse, and you both lived in Texas at the time of their death, you probably won’t need to worry about probate. Because Texas is a community property state, the surviving spouse will automatically take ownership of the deceased’s estate, unless otherwise specified in a will or the property deed / title. Talk to an attorney if you have questions.

What is the Probate Process in Texas?

If you want to sell a probate house in Texas, you’ll need to know how probate works. It is a crucial step in selling the property, and will be useful for settling any and all matters related to property left behind by the deceased.

Step 1: Apply for Probate

You’ll need to first file an application or petition for probate. You can do this at the office of the County Clerk in the county where the property owner lived at the time of death.

This can be complicated by various factors, such as multiple marriages and children, or having no spouse or children at all. If you believe you may be facing a contentious situation or dispute over heirship, you should consult an attorney.

Step 2: Public Notice

Once you’ve filed for probate, the court will schedule a hearing. For two weeks before the hearing, the court will post public notices online and at the courthouse about the probate application. This is to notify anyone who might wish to contest the will, or make a claim against the estate. (Again, if you learn the estate is being contested, you should seriously consider hiring an attorney.)

Step 3: The Hearing

A probate judge will preside at the hearing on the scheduled date. He or she will determine whether the person who died left a valid will. Then, the judge will approve of the executor named in the will, or appoint an administrator if there is no will, or if the named executor is unable to fulfill their duties.

Step 4: Listing the Estate’s Assets

The executor or court-appointed administrator has 90 days after the hearing to report all of the estate assets to the County Clerk. This is known as an Inventory, Appraisement, and List of Claims. Basically, the executor will create a written list of the personal property left by the deceased: real estate, vehicles, antiques, personal belongings, and so on. For certain assets, like real estate, the executor must provide an estimated value. (Yet again, if you’re dealing with a large or complicated estate – especially worth $1 million or more – you should talk to an attorney.)

Step 5: Identify the Heirs and Beneficiaries

This job is made so much easier for everyone involved if the departed left a valid will. In the absence of a will, the court will need to determine who gets what. (And in that case, what did we say about an attorney…?)

If the person who died had any outstanding debt – a mortgage, medical bills, a car loan, etc. – the executor must notify each lender / creditor. Those creditors can then file claims against the estate, to recover any money owed to them.

Step 7: Claims, Grievances, and Legal Disputes

In Texas, anyone can contest a will up to two years after it goes into probate. Hopefully, this won’t be an issue for you. However, if any family members or other possible beneficiaries decide to contest a will, you’ll need to prepare for a difficult and possibly drawn-out legal dispute. You know the drill by now: consult an attorney in this situation.

If you’ve made it through Steps 1 through 6 and managed to avoid (or prevail in) Step 7, probate is concluded and the remaining assets are distributed to heirs / beneficiaries after any debt claims are paid.

If you inherit real estate with an outstanding mortgage, you may worry that you won’t be able to keep making payments, especially if you already own a home of your own.

Here’s some reassuring news: Local Cash Buyers can buy your inherited house fast, for cash – even if there is a mortgage. We can buy even if the payments are behind, because no one was making them after the homeowner died. Contact us today for a free, no-obligation consultation.

Can I sell an Inherited House Without Going Through Probate?

Suppose your loved one left behind a clear and simple will, leaving their house to you and you alone. You might be asking, “Can I sell my inherited house before probate?”

In Texas, with or without a will, you generally cannot handle inheritance of property without involvement of the court system. Attempting to do so can potentially expose you to tax penalties or legal trouble. When in doubt, contact an attorney.

Even if you’re the sole heir and executor of an estate, it’s a good idea to file the will with your county probate court. If you don’t, others who believe they are entitled to a share of the estate could sue you.

There is one method that somewhat bypasses the probate process: a Muniment of Title.

What is a Muniment of Title Probate?

If the deceased had a will, and a relatively basic estate, you might be able to simplify the probate process with a Muniment of Title.

With a Muniment of Title, there is no executor. Instead, all beneficiaries will fill out and sign paperwork stating that they agree with the will and its instructions. Once the court approves the will and determines there are no claims against it or other challenges, you can use a Muniment of Title to pass the ownership title of the house onto the appropriate heir or heirs.

Texas law allows the family to use a Muniment of Title Probate if these conditions are met:

• The deceased left a written, valid will
• The estate is only cash accounts, personal items, and real property (land and structures, such as a house)
• The estate does not include stocks, bonds, 401(k), or other investments
• The deceased had no outstanding debt or other liabilities
• There are no disputes over heirship / contests of the will

If you’re uncertain whether your situation allows for a Muniment of Title, contact your county clerk or a probate attorney.

Who Is Responsible for the House During Probate?

Ultimately, the executor or primary heir would assume responsibility for the house and its upkeep.

As we noted earlier, there are a number of costs associated with the house’s care during probate:

• Removal of personal property
• Cleaning
• Property taxes
• Property Insurance
• Supplemental insurance for a vacant / unoccupied home
• Utilities
• Lawn care / landscaping
• Basic maintenance / repairs

Who pays for it? Again, that could be determined by the executor or presumed heir, depending on who is expected to take ownership of the house.

Often, the family will want to sell the house. This could be because nobody wants to live in it, or because an agreement is reached for the house to be sold and proceeds divided among heirs. You might also need to use the proceeds to pay off debt claims against the estate.

In those scenarios, the family may want to sell the house quickly. Local Cash Buyers can help – we pay cash, full-price, for houses in probate. You do not need an appraisal, and no banks or lenders are involved. Please contact us today for a free, no-obligation consultation.

Can I Sell a House During Probate?

Generally, yes – you can sell a Texas house in probate, though it can take quite a bit longer than a traditional sale.

For the most part, this happens when there is a valid will that names an executor and specifies who receives the house.

It is possible to sell a house in probate without a will; we’ve provided details here.

When there is a will, the executor is responsible for selling the house, with the approval of the heirs. The executor may recruit a real estate agent or broker experienced in probate law to help with the sale. A formal appraisal may also be necessary.

The selling process isn’t quite like a traditional house sale. Offers must meet certain requirements, and be approved by the court:

• The final sale price must be at least 90% of the appraised value
• The buyer must pay a 10% deposit if their offer is accepted*
• A Notice of Proposed Action must be mailed to all heirs or claimants, informing them of the terms of the sale
• Anyone wishing to contest the terms of the sale has 15 days to do so

*Note: You will need to refund the deposit if you end up accepting a higher offer. The estate keeps the deposit if the buyer backs out for any other reason.

Once all those requirements are met, the executor or estate’s attorney applies for a court hearing. It will take place 30 to 45 days after application. During that time, the real estate agent can continue to show the home and try to get a better offer.

If you decide to go it alone and list a house in probate without an agent, you’ll need to let all prospective buyers know that any sale will be subject to probate court approval. And, unless you want to spend your own money on repairs, you’ll be selling the house “as-is.” It’s possible all this could scare off some would-be buyers who are in a hurry or just don’t want to deal with extra legal layers. The process could take up to six months to complete.

Alternatively, you can sell your house in probate to an all-cash investor like Local Cash Buyers. There are no fees, and we can close in as few as 7 days after you accept our offer. We can buy your house as-is, even if major repairs are needed! Contact us today to reserve your free, zero-obligation consultation.

The day of the hearing is something like an auction. Anyone from the general public can attend the hearing and attempt to out-bid the offer already accepted by the estate. That’s right: a bidder may offer a better price during the court confirmation hearing. New bids must be at least 5 percent plus $500 over the original offer.

If another buyer makes a qualified offer at the hearing, they will need to provide a cashier’s check for at least 10 percent of the new price, or 10 percent of the first $10,000, plus 5 percent of the balance.

The court must accept the highest valid bid. Once that happens, escrow begins, and closing will take place about a month to 45 days later.

Because probate sales can be time-consuming, and because the house is generally being sold as-is without repairs or upgrades, it can be challenging to find a willing buyer. Most home-shoppers are looking to move in right away, and may not be willing to wait the many weeks or months it can take for a probate sale to complete. They may also be hesitant to make an offer, knowing someone can out-bid them at the last minute in the confirmation hearing. That’s why cash buyers and investors are often interested in buying homes in probate.

What Happens to the House if There is No Will?

Sadly, this is a common and complicated situation that families find themselves in every day. 

Fortunately, Texas law is well-equipped to handle a no-will situation. It is very likely you will need to consult an attorney for help with an estate that has no will. Here is some of what you can expect:

First, you should know an estate without a will is definitely going to probate court. All the rules are set by the Texas Probate Code.

With concern to real estate, the title can be transferred to heirs through an Affidavit of Heirship.

Each heir should fill out the affidavit and have it signed and sworn by a notary public, in the presence of a witness who knew the deceased and who is not a family member. (In some cases, a family member can act as a witness if he or she does not stand to benefit from the estate and won’t be contesting it.)

The Affidavit(s) of Heirship must then be filed with the County Clerk where the deceased lived. 

Even after you’ve filed it, the Affidavit of Heirship doesn’t finalize the transfer of the title. Instead, it is used as evidence in probate court, to determine who is entitled to the real estate in question. 

Note: many title companies will not approve the transfer of title, even with a court-approved affidavit of heirship, until at least six months have passed following the death of the property owner.

If all of the above is confusing, it’s another great example of why you should consult a lawyer if there is no will.

Conclusion

Selling an inherited house during or after probate can add a lot of stress to an already difficult situation. We hope this guide has made things easier for you to understand, and better prepared you for the task at hand.

If you are thinking about selling your inherited house in Texas, we invite you to contact us for a free, no-pressure, no-obligation consultation. We buy homes in probate, even with an outstanding mortgage or lien, and even if the house is in need of major repairs.

Please note: this is a guide, not a substitute for legal advice. We are not attorneys and cannot offer legal advice of any kind. If you have questions, we encourage you to contact a probate attorney using the link below.

Resources and Further Reading

Texas State Bar Association – Find a Lawyer 
Texas Estates Code
Texas Probate Guide
The Steps to Probating a Will in Texas
Dying Without a Will in Texas

Frequently Asked Questions

What is probate?

Probate is the legal process that ensures the property of a person who has died is distributed fairly. In general, any estate with real property – such as real estate – must go through probate after the owner dies.

How does probate work in Texas?

There are 18 statutory probate courts in Texas, mostly in large cities; about half are in the Dallas / Fort Worth area. However, every Texas county has its own County Clerk that can assist you with probate claims.

How much does probate cost?

Some estimates find probate in Texas costs about $1,500, on average. Costs can be much lower if there is a valid will, no outstanding debt, and no disputes over the will or heirship. Probate can cost much more if there is no will, or if you need to hire an attorney.

Will my house go into probate if my spouse died?

If your spouse dies, and you both lived in Texas at the time of their death, you shouldn’t need to worry about probate. Because Texas is a community property state, the surviving spouse will automatically take ownership of the estate, unless otherwise specified in a will or if the property had another co-owner.

How do I start the probate process in Texas?

You will need to file an application or petition for probate. You can do this at the County Clerk in the county where the property owner lived at their time of death.

How long does probate take?

This depends on two major factors: whether the deceased left a valid will, and the size of their estate. For a small estate (less than $75,000) with a will, it could take a few months. For larger estates with a contested will or no will, probate can take a year or longer.

Can I sell an inherited house without going through probate?

In most cases, you must file for probate in order to sell an inherited house, even if there is a will and you are the sole heir. Contact a probate attorney if you need guidance.

What is a Muniment of Title Probate?

A Muniment of Title is a document that expedites the probate process. It can be used if the deceased left a written, valid will; if the estate is only cash accounts, personal items, and real property; if the estate does not include investments; if there are no outstanding debts or liabilities; and if the will is not contested.

Who takes care of the house during probate?

The executor of the will, or the primary heir, would be responsible for caring for a house during the probate process. If neither the executor nor an heir is able to care for the house, the probate court may appoint a caretaker.

Can I sell a house during probate in Texas?

Yes. However, this must be done with the oversight and approval of the probate court. The entire process can take up to six months to complete.

Can I sell a house in probate without a real estate agent in Texas?

Yes, but you will need to let all prospective buyers know that any sale will be subject to probate court approval.

Can I sell a deceased family member’s house without a will?

Yes, but you will likely need to consult an attorney for help. You will also need to file an Affidavit of Heirship with the County Clerk where the deceased lived.