Inheriting a House in Houston: Probate and Sale Options
You just lost someone important. Now there is a house in Houston, a set of keys, and a growing stack of mail with legal words you do not use every day.
People are asking what you plan to do with the property. You might not even be sure whose name it is legally in right now.
This guide walks you through what really happens when you inherit a house in Houston, how probate fits in, and what your options look like if you want to sell without turning it into a full time job.
If you would rather talk this through with a real person, you can always call 832-500-8246 or grab a time on our live calendar so we can walk through your situation together.
What really happens when you inherit a house in Houston
Common inheritance situations Houston families face
In real life, inherited houses rarely feel simple. Some of the most common situations I see are:
A parent passes away and their adult children inherit the Houston house.
A surviving spouse is in the home, but there are children from a prior marriage.
A son or daughter lives out of state and suddenly owns a property in Houston they cannot easily manage.
A sibling has been “taking care of things,” but nothing is actually in writing.
Each of these can be worked through, but the steps are different depending on how the house was owned and whether there is a valid will.
Who actually owns the house after a death
A big point of confusion is the difference between:
Being “in the will,” and
Being on the deed as an owner.
When someone passes away, the deed in county records does not instantly jump to the next person. The house often stays in the deceased person’s name until certain legal steps are taken.
In Texas, the people who have a legal right to inherit are called heirs. The person the court authorizes to handle the estate is called an executor (if there is a will) or an administrator (if there is no will).
Until the court or a valid non probate transfer says otherwise, title is in limbo. That is why most title companies want to see proof that the right person is signing before they close a sale.
If you want a deeper breakdown of what happens when a home turns vacant because of life events, you may find our vacant homeowner checklist for Houston owners helpful as a companion guide.
Do you need probate to sell an inherited house in Houston
Quick overview of probate in Texas
In simple terms, probate is the court process that:
Confirms a will is valid, or decides who the heirs are if there is no will.
Appoints someone with legal authority to act for the estate.
Gives that person the power to sign documents, pay approved debts, and distribute assets.
Probate is not always as scary as people think, but it is still a legal process. For specific advice about your case, you should speak with a licensed Texas probate attorney. What you are reading here is education only, not legal advice.
If you want to read a neutral explanation of probate and related options, the Texas State Law Library and TexasLawHelp have solid guides, including one on transferring the deceased’s property without going to court.
When full probate is usually required to sell
You will often need a standard probate case when:
There is a valid will that needs to be probated, and it names who should receive the house.
The house is in the deceased person’s name and there are no transfer on death deeds or trusts in place.
The title company will not insure a sale until someone has letters testamentary or letters of administration from the court.
Those “letters” are what tell everyone that the person signing the sales contract and deed actually has the authority to do it.
When there may be other paths besides full probate
Texas allows some shortcuts in the right situations. For example:
A small estate affidavit can sometimes be used when the estate is modest, there is no will, and certain requirements are met.
An affidavit of heirship can sometimes be recorded to show who the heirs are and allow title to transfer without a full court case, especially when everyone agrees and there are no big disputes.
Some people set up living trusts or transfer on death deeds while they are alive, which can move the property outside of probate.
Local courts can have their own rules, so it is smart to double check directly with Harris County. The Harris County Probate Courts post helpful guidelines and resources on their website that explain when there is no will, heirship, and small estate affidavits.
Each of these paths has limits. A Texas probate attorney can tell you which one, if any, fits your situation.
Step by step, from probate questions to getting the house ready to sell
Step 1 – Secure the house and protect the asset
Before you worry about paperwork, make sure the property itself is safe:
Change the locks if needed.
Check the water, electricity, and gas.
Make sure mail is not piling up where strangers can see it.
Let a trusted neighbor know how to reach you in an emergency.
Call the insurance company to confirm coverage, especially if the home is now vacant.
Vacant homes can attract break ins, squatters, or silent problems like leaks and mold. If the property sits empty for a while, our vacant homeowner checklist for Houston owners walks through how to secure and maintain it so you do not lose value while you sort out paperwork.
Step 2 – Gather key documents
Next, pull together the information that every attorney, title company, and serious buyer will ask for:
Death certificate.
Any will or trust documents.
Mortgage statements or payoff information.
Property tax statements.
HOA letters and contact details, if there is an association.
Insurance policy details.
Utility account info.
You do not need everything on day one, but the more you have in one place, the easier each conversation becomes.
Step 3 – Speak with a Texas probate attorney
Even if the case seems simple, a quick conversation with a Texas probate attorney can save you from surprises later.
You can ask questions like:
Do we need full probate, or can a small estate affidavit or affidavit of heirship work here?
Who needs to be involved and sign if we decide to sell?
What order should things happen in so we do not waste time?
Amroc Homes does not give legal advice. We work alongside attorneys, not instead of them. Our role is to help you understand what selling could look like once you have the legal pieces in place.
Step 4 – Get on the same page with other heirs
If there are multiple heirs, the emotional side of this can be harder than the legal side.
Some common patterns:
One heir wants to keep the house for memories, another needs their share of the money.
Out of state heirs are tired and just want a clean exit, while a local heir wants time.
One person has been paying expenses and feels taken advantage of.
It can help to:
Have a calm meeting or call where everyone is heard.
Talk through the real numbers: what the house is worth, what it needs, and what it costs to hold.
Put any agreement in writing so expectations are clear.
If you want a neutral third party to walk through holding versus selling, that is a conversation I have often with families. A short call can help everyone see the same picture.
Step 5 – Decide how you want to sell in Houston
Once you know:
Who has legal authority, and
What the heirs generally want,
you can pick a path forward. The main options are listing with an agent, selling to a local buyer such as Amroc, or keeping the property as a rental.
If you are stuck between choices, call 832-500-8246 or set a time on our live calendar
We can talk through timelines, repairs, and numbers so you can decide what fits your family.
Your main options for selling an inherited house in Houston
Option 1 – List the house with a real estate agent
Listing on the open market usually makes the most sense when:
The house is in good or easily improved condition.
You have the time and emotional bandwidth for showings, negotiations, and repairs.
All heirs are aligned and willing to wait for a buyer.
Pros
Higher retail price potential.
Wide exposure to buyers through the MLS.
Cons
Showings, repairs, inspections, and possible buyer fall through.
Agent commissions and closing costs.
Harder to coordinate if you live out of state or the home is full of belongings.
Option 2 – Sell to a local home buyer like Amroc Homes
Selling directly to a local buyer like Amroc Homes can be a better fit when:
The house needs work you do not want to take on.
Heirs are out of state or very busy.
You want a simple timeline that can line up with probate, not fight against it.
Pros
Sell as is, without making repairs.
Flexible closing dates so you can coordinate with court orders and family needs.
Less back and forth with showings and multiple buyers.
Cons
Offer may be below top retail price in exchange for speed, certainty, and no repair headaches.
Our role is to show you how the numbers look both ways so you can decide what matters most right now.
Option 3 – Keep the house as a rental or second home
Some families decide to hold on to an inherited home and turn it into:
A rental property, or
A second home for visits back to Houston.
This can work well if:
Someone is ready to handle landlord duties and repairs, or you are comfortable hiring a property manager.
The numbers support the rent covering taxes, insurance, and upkeep.
If you go this route, revisit the plan at least once a year. Life changes, and a home that made sense to keep in year one may be better to sell later, especially if carrying it starts to feel heavy.
How to choose the best path for your family
A few simple questions can help you choose:
How fast do we actually need to be done with this house?
What condition is it in, honestly, not just emotionally?
How far away are the people responsible for managing it?
Is everyone aligned on the plan, or is someone going along just to avoid conflict?
If you want help walking through these questions with real numbers, you can call 832-500-8246 or schedule a time on our calendar
For more context on how timing and legal processes interact, our Texas foreclosure timeline article shows how missed payments and legal notices work in Texas when loans are involved.
Avoiding common mistakes and scams with inherited property in Houston
Letting the house sit empty for too long
A vacant home can shift from “we are thinking about it” to “we have a serious problem” faster than most people expect.
Risks include:
Break ins and vandalism.
Squatters, especially when neighbors see long term vacancy.
Water leaks, roof issues, or A/C problems that get worse with time.
City code violations or notices from the HOA.
Treat the house like a valuable asset, even if you are not emotionally ready to decide yet. Our vacant homeowner checklist for Houston owners can help you set up a basic protection plan.
Falling behind on taxes, HOA, or mortgage
Even while probate is happening, someone has to keep up with:
Property taxes.
HOA dues, if there is an association.
Mortgage payments, if there is still a loan.
If these fall behind, you can end up dealing with tax suits, HOA liens, or foreclosure on top of probate. That is a stress stack you do not need.
If foreclosure is already a concern, our guide on three ways to stop a Texas foreclosure sale explains the main tools families use when the clock is ticking.
Signing the first offer without understanding your options
Grief plus pressure is a bad mix. Some investors count on that. You may get:
Door hangers and mail that sound urgent.
Aggressive calls promising “cash in seven days” before anyone checks the title.
Contracts that look simple but commit you to more than you realize.
Slow down long enough to understand the big picture. Getting a second opinion does not cost much, and it can protect a lifetime worth of equity.
Deed fraud and fake “we bought your house” notices
Unfortunately, heirs and vacant homes are targets for scams. Red flags include:
Surprise notices claiming your property has already been transferred.
People asking you to sign “just a simple form” to help with paperwork.
Offers to “take care of taxes” in exchange for signing over ownership.
If something feels off, check with:
The county records to see what has actually been filed.
A probate or real estate attorney you trust.
If you receive a notice and you are not sure if it is real, you can always reach out to us. We can at least help you read it in plain language so you know which questions to ask your attorney.
How Amroc Homes helps Houston families with inherited houses
Real conversations, not pressure sales calls
When you call 832-500-8246, you are not dropped into a hard sales script.
We start by asking:
What happened.
Who is involved.
Where things stand with probate and paperwork.
What you and your family want the outcome to be.
Then we walk through what your options look like, including paths where you do not sell to us at all.
Working alongside your attorney or probate process
If you already have an attorney, that is a plus. Our job is to:
Coordinate with your attorney’s timeline, not fight against it.
Make sure any offer we discuss lines up with what the court is likely to approve.
Help you prepare for the title company’s requirements so closing is smooth.
We respect that legal advice comes from your lawyer. We fill the gap on the practical side of selling a real property in Houston.
Flexible solutions for complex family situations
Every family has its own history. We regularly help with:
Multiple heirs who live in different cities or states.
Properties that need repairs or clean out before anyone would want to live there.
Cases where one heir needs cash sooner and others need time.
We can structure closing dates, possession timelines, and even help coordinate clean out so you are not left to handle it alone.
If you are at the stage of “we need to do something, we just do not know what,” that is exactly when a conversation can help. Call 832-500-8246 or pick a time on the live calendar
To understand more about how we work with homeowners who are behind on payments, you can also review our Second Chance Program, which focuses on stopping Texas foreclosures and protecting equity where possible.
FAQs, inheriting a house and probate in Houston, Texas
Q: Do I have to go through probate to sell an inherited house in Houston
A: Not always, but often you will need some form of probate or official paperwork. A full probate case is common when there is a will or when the house is in the deceased person’s name and no other transfer tools were used.
Shortcuts like small estate affidavits or affidavits of heirship are sometimes available, but they have limits and specific requirements. A Texas probate attorney can tell you which path fits your situation.
Q: How long does probate usually take in Texas before we can sell
A: Probate timing varies. Simple cases with a clear will and cooperative heirs can often move faster than estates with disputes or missing information. Some families are able to go under contract before probate fully closes, as long as the closing lines up with the court’s orders and the title company approves the structure.
If timing is tight, talk with your attorney and any buyer early so everyone can plan around the same timeline.
Q: What if there is no will for the house in Texas
A: When there is no will, Texas intestacy laws decide who the heirs are. The court may need to hold an heirship proceeding or approve other tools before a sale can happen.
A small estate affidavit or affidavit of heirship might be possible in some no will situations, but you need to confirm that with a Texas lawyer who can look at the full picture.
Q: What if some heirs want to sell and others do not
A: That situation is more common than people think. The court and title company usually want all owners or authorized representatives to sign off before a sale closes.
In many families, a straightforward conversation about timelines, numbers, and what holding the house really involves can bring people closer together. In tougher cases, mediators or attorneys may need to help reach a solution.
If you want a neutral breakdown of the options from a real estate standpoint, we can walk through that with you on a call.
Q: Can I sell an inherited house if I live out of state
A: Yes. Heirs who live out of state sell Houston houses all the time. The key is to:
Have proper legal authority to sign.
Work with local professionals who can coordinate inspections, access, and closing.
Use secure electronic signatures and a title company comfortable with out of state signers.
We often help out of state heirs coordinate everything on the ground so they do not have to fly in for every step.
Q: Can Amroc Homes help if the house still needs probate work
A: In many cases, yes. We can:
Talk through where you are in the process.
Coordinate with your attorney about what needs to be in place before closing.
Build a plan that lines up with the court’s timeline, not against it.
The earlier you bring us into the conversation, the more options you usually have.
Ready for help with an inherited house in the Houston are?
Inheriting a house is not just about a building. It is about memories, family, and a lot of moving parts that do not always line up neatly.
You do not have to figure this out by yourself. There are clear steps, real options, and people who do this every day.
If you are ready to talk through what comes next, you can:
Call 832-500-8246, or
Even if you are early in the process and “just have questions,” that is exactly when a calm, clear conversation can help the most.
Disclaimer
This article is for general educational purposes only and is based on public information about probate and inherited property in Houston and the state of Texas. It is not legal advice, tax advice, financial advice, or a substitute for talking with a licensed professional who can review your specific situation.
Amroc Homes, LLC is a real estate investment company, not a law firm, CPA firm, or real estate brokerage. Reading this article, contacting us, or speaking with us does not create an attorney client, tax advisor client, or real estate broker client relationship. Laws, procedures, and court practices can change, and different counties or courts may handle similar cases in different ways.
Before you make any decision about probate, heirs, or selling an inherited house, you should consult with a qualified Texas probate or real estate attorney and, when needed, a tax professional who can give you advice tailored to your case. Amroc Homes does not guarantee any specific outcome, approval, timeline, or sale price.
