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Selling an inherited house in Texas.
Inheriting a home in Texas usually comes with paperwork more than tax bills. Here is how title reaches heirs and what changes for property taxes.
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Inherited house · Texas
How it works in Texas.
Texas does not charge a state inheritance tax. The tax was formally repealed by the Legislature in 2015, after changes to federal law meant it had not been collected for years. That means the questions Texas heirs face are usually practical ones: who holds title now, whether probate is needed, and how the property tax picture changes once the person who lived in the home has passed away.
Before an inherited house can be sold, a title company needs to see a clear path from the person who died to the people selling. In Texas that path might be a probate case with letters testamentary, a will admitted as a muniment of title, a recorded transfer on death deed, or an affidavit of heirship filed with the county clerk. Each works differently, and a Texas probate attorney can confirm which one fits your family.
Texas specifics
What to know in Texas.
No Texas inheritance tax
The Texas Legislature repealed the state inheritance tax in Senate Bill 752, effective September 1, 2015. It had been tied to a federal credit that no longer exists, so it had not been collected for years before the repeal. Federal tax rules are separate, and a tax professional can confirm whether anything applies to your estate.
Transfer on death deeds
If the owner recorded a transfer on death deed in the county deed records before passing away, the property generally goes straight to the named beneficiary without probate. Texas Estates Code Chapter 114 governs these deeds, and a deed that was never recorded during the owner's life does not qualify.
Affidavit of heirship
When there is no will and no probate, Texas families sometimes use an affidavit of heirship, a sworn statement about the family history signed by someone who knew the person who died. It is recorded with the county clerk where the property sits. Title companies commonly accept it for real estate, but no law requires them to.
Homestead exemption follows the occupant
A Texas residence homestead exemption belongs to an owner who lives in the home as a principal residence. When the owner passes away, heirs who do not live there generally cannot keep that exemption, so the tax bill may change. Your local appraisal district can explain the timing for your property.
Heir property homestead
Texas lets an heir who lives in an inherited home claim the homestead exemption as heir property, even without a deed in their own name. The appraisal district may ask for an ownership affidavit, the prior owner's death certificate, a recent utility bill, and affidavits from other heirs living there.
This is general information, not legal or tax advice. Rules can change and every situation is different, so confirm the details for your case with a Texas attorney or the appropriate office.
Your options
There is more than one path.
Keep or rent the home
Keeping the house can preserve a family place or provide rental income. It also means ongoing costs, maintenance and, for a rental, the responsibilities of being a landlord. If siblings share ownership, one heir may be able to buy out the others.
List with a real estate agent
Listing on the open market reaches the widest pool of buyers and is often the clearest way to learn what the home is worth. It usually involves preparing the house, showings and agent commissions. It can take longer if the home needs work or is still full of belongings.
Explore offers from investors and professionals
Some heirs prefer a simpler path, especially when the home needs repairs or they live far away. Through a platform like Doorbloom, you can share details about the house and hear from independent investors and professionals who may buy it as-is. Offers may be lower than what a fully prepared listing could bring, so it is worth comparing.
How it works
Three clear steps.
- 1
Tell us about your home
Share the address, condition and your timeline. It takes about a minute, and we only ask what is needed for the next step.
- 2
Review who is interested
Real estate investors and professionals review your home. You see who they are before anyone gets your contact details.
- 3
Choose your next step
Talk to the people you want, compare your options, or decide not to sell. There is no pressure and no obligation.
Questions
Questions from Texas homeowners.
Does Texas have an inheritance tax?
No. Texas repealed its inheritance tax effective September 1, 2015, and it had not been collected for years before that. Federal estate tax rules are separate, so a tax professional can confirm whether anything applies to a larger estate.
Do I need probate to sell an inherited house in Texas?
Not always. If the owner recorded a transfer on death deed, or the family can use a muniment of title or an affidavit of heirship, a full administration may not be needed. The title company handling the sale decides what it will accept, so an attorney can help you choose the right route.
What happens to the homestead exemption on an inherited house in Texas?
The exemption is tied to an owner who lives in the home as a principal residence. If no heir moves in, the exemption usually does not carry over, which can change the tax bill. An heir who does live there may be able to apply as an heir property owner through the local appraisal district.
Can one Texas heir sell an inherited house alone?
Usually every person who holds an ownership interest has to sign, unless a court-appointed executor or administrator has authority to sell for the estate. Family situations vary, so a Texas probate attorney can confirm who needs to sign in your case.
Is Doorbloom buying my house?
No. Doorbloom is a platform that connects Texas homeowners with real estate investors and professionals. Any offer comes from them, and nothing is binding until you sign a purchase agreement.
What does it cost?
Creating an account and telling us about your home is free for homeowners.
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