How to Sell an Inherited Home in Texas Without Going through Probate
January 12, 2022 Mark MacFarlane

How to Sell an Inherited Home in Texas Without Going through Probate

Posted in Home Selling, Inherit

How to Sell an Inherited Home in Texas Without Going through Probate

Two Ways to Achieve the Same Goal

In accordance with Texas inheritance laws, there are two ways to sell an inherited home in Texas.

One option is to probate the estate in the county where the deceased lived. This is a court case that is filed on behalf of the heirs usually by an attorney who specializes in probate law. The purpose of a probate case is to provide notice to the public concerning the estate, allow potential heirs to file claims against their interest in the estate, and have the court determine who are the rightful heirs. Once the court determines who are the rightful heirs or executors of the estate they will issue a court order allowing Letters of Testamentary or Letters of Administration to be issued appointing the heirs or executor to govern the affairs of the estate and disburse assets.

The second way to sell an inherited home ion Texas is to work with a professional title company or attorney, provide them with the necessary documents, and complete affidavits of heirship. An affidavit of heirship is a process in which the heirs work with a title company or attorney to provide detailed affidavits about the deceased, family history, heirs, and family friends who will affirm the information concerning the deceased.

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Purpose of Affidavit of Heirship

The purpose of the affidavit of heirship is to describe and verify your relationship with the deceased and establish who are the rightful heirs of the estate.

The affidavit of heirship will describe the deceased, the family of the deceased, potential heirs, who are the rightful heirs, the rights and obligations of the heirs, and who has the legal right to sell the home of the deceased. The affidavit will include a detailed description of the property to be similar to those contained on the deed for the property.

Are Affidavits of Heirship Required

To get title insurance, which is typically required to sell a home, you must satisfy the legal department at the title insurance company that the seller (heirs) are the rightful owners. The affidavit of heirship is the legal document that the title insurance company will rely upon to establish that the legal right of title to the home has been properly transferred from the deceased to the rightful heirs.

Generally, the process of transferring a home using an affidavit of heirship can only be used when no one is expected to object to the sale of the house or the transfer of the assets to the heir.

Who Provides Affidavits of Heirship?

Two groups are required to provide affidavits of heirship.

  1. The heirs and potential heirs of the deceased. This generally includes living children, spouse, previous spouse, and the direct descendent(s) which may include grandchildren.
  2. Friends or community members. This will be uninterested non-family witnesses who knew the deceased and their family well. This may be a religious leader, a family friend, business associate, or coworker.

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The witnesses must attest to the following:

  • They were familiar with the deceased.
  • They have knowledge of the decedent’s debts.
  • The known identity of the heirs and family members.
  • The circumstances surrounding the person passing including the date and location.
  • The witness will receive no benefit or compensation from the estate.

The witness must affirm that they are providing the affidavit of their own free will, are not being compensated for providing the affidavit, and that they will not receive any benefit from the estate.

Why Use Affidavits of Heirship

Whenever someone passes away and the estate consists primarily of the real property named in the deceased’s name, an affidavit of heirship might be utilized to speed up the process of transferring the ownership of the property. Even if the deceased left a will specifying how a property should be distributed after passing, many people prefer to use the option of an affidavit of heirship.

Since this involves real estate, attorneys, and recording documents a professional title company is ideally suited to help the heirs with this process. It also makes sense since the title insurance company must review and accept the affidavits of heirship before they will issue a title policy.

Selling the Home Using Affidavits of Heirship

The process of selling a home using affidavits of heirship is the same as selling any other home. As the heirs, you can decide to engage a realtor, do for sale by owner, or sell to a home cash buyer. The only difference is the need to get the title company involved first versus after you have a buyer who has signed the purchase contract. That way when you have a willing purchaser, you are in a position to immediately transfer the home to them and receive your inheritance.

Brought to You by OutFactors

This information is provided by OutFactors, a home cash buyer. At OutFactors, we buy inherited houses as-is for cash and close quickly. Our relationships with title companies and probate attorneys make the process of selling an inherited home using affidavits or going through probate fast and hassle-free – all at no cost to you. We will pay all of the fees required to get the home transferred into the name of the heirs!

The process is extremely simple and you can get an offer on your inherited home in about 2 minutes and personal information is NOT required. Yes, that is correct! No email address, no telephone number – not even your name. All you need to do is enter the address of the inherited home and answer a few questions about the house.  A few seconds later our sophisticated house evaluation system will generate an offer. If you like the offer, great, your inherited home is sold and we will handle all of the paperwork.  If not, just “X” out and go enjoy the rest of your day. To get a great cash offer click here!

For those who prefer a personal touch, we invite you to call us at 800-420-7030 to speak with our friendly and helpful customer advocates. We are here to help!

539 West Commerce Street
Suite 1205
Dallas, Texas 75208
(800) 420-7030

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Notice and Disclaimer

This article has been prepared for informational purposes only. We are not attorneys or legal professionals and this is not legal advice. You are strongly urged to discuss all legal, inheritance, and probate matters with an attorney of your choosing.

How to Sell Inherited Home Texas | Avoid Probate | OutFactors – Dallas Fort Worth, Texas