Texas probate is actually one of the better systems
Most states have slow, expensive probate. Texas is different. The Texas Estates Code allows for independent administration — one of the fastest and most streamlined probate processes in the country.
How it typically works:
- File the will (if any) and an application with the appropriate probate court (Bexar County Probate Court 1 or 2 for SA properties, or the County Court at Law in smaller counties).
- Hearing scheduled — typically 30-45 days out.
- Letters Testamentary or Letters of Administration issued — this is what title companies and we need to see before closing.
- From filing to Letters: typically 30-60 days in uncontested cases. That’s much faster than judicial-state probate.
Small Estate Affidavit option
If the estate has under $75,000 in non-real-estate personal property and meets a few other criteria, Texas allows a Small Estate Affidavit under Texas Estates Code Chapter 205. Real property can be transferred this way only if it’s the homestead and there’s a surviving spouse or minor children. Talk to a Texas probate attorney to see if this applies.
Affidavit of Heirship for older deaths
For properties where the owner died 4+ years ago and no probate was opened, Texas allows an Affidavit of Heirship to be recorded establishing ownership. This is common for inherited properties that have been sitting for years. We’ve closed many of these.
How we help
We’re comfortable working with you and your Texas probate attorney through any of the above paths. We can:
- Sign a purchase contract during probate (subject to the personal representative receiving Letters)
- Coordinate the closing date around when Letters are expected to issue
- Work directly with your attorney to ensure title can convey cleanly
- Handle remote closings via mobile notary if you live out of state
- Take the property with all the contents — you don’t need to clean it out
Common inherited-house situations we buy
- Out-of-state heir who inherited an SA property and doesn’t want to fly down repeatedly
- Multiple heirs who all want their share in cash with minimal back-and-forth
- Properties full of stuff — furniture, paperwork, decades of accumulation. Leave it. We’ll handle cleanout.
- Older homes with deferred maintenance — foundation issues, dated electrical, roof past its life
- Properties that have been vacant for months or years
- Estate situations with HOA arrears or back property taxes — we settle these at closing from the proceeds
- Affidavit of Heirship situations where probate was never opened
Texas independent administration vs dependent
Most Texas wills name an executor and provide for independent administration — meaning the executor doesn’t need court approval for every routine sale or transfer. This makes selling inherited Texas property fast. If the will doesn’t provide for independent administration, or there’s no will and the heirs don’t all consent, you may be in dependent administration, which requires court approval for sales and takes longer. We work with either.
Tax considerations
Inherited property gets a stepped-up basis to fair market value at the date of death. That means if you sell soon after inheriting, capital gains exposure is usually minimal — you’re only taxed on appreciation between the date of death and the sale date. This is general information, not tax advice; talk to a CPA.
Get a fair cash offer on the inherited property
Call (830) 590-1105 or use the contact form. We’ll work with you and your attorney to structure a clean Texas closing on a timeline that matches your probate process.