Frequently asked
How long does probate take in Texas?
Quick answer
Muniment of title, when it applies, can sometimes be completed in a matter of weeks. Independent administration with a will typically takes a few months from filing to the executor having full authority to sell, though estates with complications (creditor claims, disputes among heirs, out-of-state property) take longer. Estates without a will generally take longer still, since the court must first formally determine the heirs. A probate attorney can give a realistic timeline once they've reviewed the specific estate.
Related questions
Do I have to go through probate to sell an inherited house in Texas?
In almost all cases, yes — a title company will not insure a sale until the estate's legal status is resolved and clear title can be established. The specific process depends on whether there's a valid will: independent administration or muniment of title are typically faster and less expensive options when a will exists and names an executor. Without a will, Texas intestacy law requires a court proceeding to formally establish the heirs before a sale can close. An initial consultation with a probate attorney is the right first step if you're unsure which process applies.
Do I pay capital gains tax on an inherited house in Texas?
Often little or none, because of a federal rule called stepped-up basis — your taxable gain is generally calculated from the property's value on the date of death, not what the original owner paid for it. If you sell close to that value, taxable gain is usually small. Texas also has no state income or capital gains tax, so any tax exposure is a federal question only. Confirm your specific numbers with a CPA before assuming any outcome.
What if my siblings and I don't agree on selling?
Start with an independent, third-party valuation so everyone is working from the same facts rather than differing assumptions about what the home is worth. Put any agreement about tasks, costs, and proceeds in writing, even informally. If one heir wants to keep the property, a buyout based on an independent valuation is a common solution. If heirs genuinely cannot reach agreement, Texas law allows a partition action through the courts, but that's a slower, more expensive last resort — worth avoiding if a direct agreement is possible.
Can I sell an inherited house as-is in New Braunfels?
Yes. As-is sales are common for inherited property, particularly when the home needs work that heirs don't want to fund or manage from out of town. Whether as-is is actually the better financial choice compared to making targeted repairs first depends on the specific home and market conditions — see Repair or Sell As-Is in New Braunfels for that breakdown.
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