Losing a loved one is hard enough without suddenly being responsible for their house. Many DFW families end up with a property they didn't plan for, often along with a mortgage, back taxes, repairs, a house full of belongings, and siblings who don't agree on what to do.
This guide covers how probate works in Texas, how to get the title into the right name, what to protect right away, and your options for the property, whether it's in Dallas, Fort Worth, Arlington, Garland, Mesquite, Plano, Denton, or anywhere in Dallas, Tarrant, Collin, Denton, or Johnson County.
First 30 Days: Protect the Property
Before making any big decisions, secure the house:
- Lock it up and change the locks if other people may have keys.
- Call the homeowner's insurance company. Many policies limit or drop coverage once a home sits vacant for 30–60 days. Ask about a vacant-property policy.
- Keep the utilities on at a minimum level to prevent frozen pipes, mold, and foundation movement. North Texas clay soil needs steady moisture.
- Keep making the mortgage payment if you can, and notify the lender of the death. Federal law generally keeps a lender from calling the loan due just because the home passed to a relative.
- Check the property taxes. Exemptions like the over-65 or homestead exemption may end, and the tax bill can go up the following year.
- Gather documents: the will (if there is one), the death certificate, the deed, mortgage statements, and tax bills.
How Probate Works in Texas
Probate is the court process that confirms who legally owns a person's property after they die. In most cases, you can't sell an inherited house until the title is cleared, and the title company will require one of the routes below.
If There's a Will
- Probate as a Muniment of Title. This is a simple, low-cost option when the estate has no unpaid debts other than debts secured by real estate, such as a mortgage. The court admits the will, and the court order serves as proof of ownership. No executor is appointed.
- Independent Administration. This is the most common route in Texas. The court appoints an executor who can manage and sell the property with limited court supervision.
- Timing matters. In Texas, a will generally has to be filed for probate within 4 years of the death. After that, your options become more limited.
If There's No Will
- Affidavit of Heirship. This is a sworn statement, signed by two disinterested witnesses who knew the family, that identifies the legal heirs. It's recorded in the county property records. Some title companies will accept it for a sale, and others will require more.
- Determination of Heirship. This is a court proceeding that officially declares who the heirs are. It's often needed when the family situation is complicated.
- Small Estate Affidavit. This is for smaller estates, generally under $75,000 not counting the homestead, and in some cases it can transfer the homestead itself.
Other Ways the Title May Pass
- Transfer on Death Deed (TODD). If your loved one recorded one, the property may pass directly to the named beneficiary without probate.
- Joint ownership with right of survivorship or a living trust may also avoid probate.
In DFW, probate cases are handled in each county's statutory probate courts, and Dallas, Tarrant, Collin, and Denton counties all have dedicated ones. A Texas probate attorney can tell you which route fits your situation, often for a flat fee.
Not sure which option fits?
A free, no-pressure call with a local specialist can save you weeks.
Your Options for an Inherited House
1. Move In and Keep It
If you or a family member wants to live there, you'll need to transfer the title, update the insurance, and either keep paying the existing mortgage or pay it off.
2. Rent It Out
Renting can bring in income, but you take on landlord duties, repairs, and vacancies, and you may disagree with co-heirs over how to split the profits and costs.
3. List It With an Agent
Listing can bring top dollar if the house is in good shape. Inherited homes often need updates, a cleanout, and repairs before they're ready, though, and commissions and closing costs typically run 6–10% of the price.
4. One Heir Buys Out the Others
This works when one sibling wants the house and can get financing or pay cash. An appraisal helps keep the price fair for everyone.
5. Sell As-Is for Cash
This is often the simplest path for families who don't live nearby, don't agree, or don't want to manage repairs. There's no cleanout, no repairs, and no showings, and the proceeds are split cleanly at closing.
6. Partition (Last Resort)
If the heirs can't agree, any co-owner can ask a court to divide the property or force a sale. It's expensive and slow, so most families avoid it.
Common Problems We Help Families Solve
- Siblings or heirs who disagree about selling, the price, or the timing
- Heirs who live out of state and can't manage the property
- Back property taxes or a mortgage in default on the inherited home
- A house full of belongings that nobody has time to clear out
- Major repairs to the foundation, roof, plumbing, or outdated systems
- Tenants or family members still living in the home
- Title issues such as missing heirs, old liens, or a co-owner who has also passed away
A Note on Taxes
Inherited property usually gets a "stepped-up" cost basis equal to its value on the date of death. That can greatly reduce capital gains taxes when you sell. Talk to a CPA before you sell so you understand your situation.
How Easy Sell DFW Can Help
We work with heirs, executors, and probate attorneys across Dallas–Fort Worth. When you meet with one of our specialists, we'll:
- Walk through where you are in the probate process and what's needed before you can sell
- Coordinate with your attorney and the title company
- Make a fair, no-obligation cash offer on the property as-is
- Buy the house with the belongings still inside, so you can take what you want and leave the rest
- Close on your timeline, whether that's 10 days from now or after probate wraps up
- Cover the closing costs
There's no pressure. If keeping, renting, or listing is the better move for your family, we'll tell you so.
Frequently Asked Questions
Can I sell a house that is still in probate in Texas?
Often, yes. With independent administration, the executor can usually sell without separate court approval. With other routes, the title has to be cleared first. We can start the process early so you are ready to close when the paperwork is done.
Do all the heirs have to agree to sell?
Generally, yes. Every heir on title must sign, unless an executor has the authority to sell.
What if there is still a mortgage on the inherited house?
The mortgage is paid off from the sale proceeds at closing. Keep payments current if you can to avoid a default.
Do I have to clean out or repair the house before selling?
Not if you sell to us. We buy as-is, including the contents.
Do you buy inherited houses in Fort Worth, Arlington, and Plano?
Yes. We buy across Dallas, Tarrant, Collin, Denton, and Johnson counties.