First question: who has the legal right to sell it
There is no rush from us. But a few things about Texas probate are worth knowing early, because they decide what is even possible, and because guessing at them costs months.
A house does not transfer just because someone has died and the family agrees on what should happen. Until a person has legal authority over that property, no title company will insure the sale — which means we cannot buy it.
We say that up front because not everyone does. Nobody can shortcut probate for you. Any buyer who suggests otherwise is telling you something that isn't true, and it will cost you time you don't have.
What we can do is start now: look at the house, put a real number on it in writing, and be ready the day the authority is in place. Most of the time those two tracks run in parallel, which is the actual way to save weeks.
The routes Texas gives you
Texas is one of the friendlier states for this. There is usually more than one road, and the cheap ones are real.
With a will and no unpaid debts: muniment of title
This is the Texas shortcut almost nobody explains, and it fits more often than families expect.
If there is a valid will and the estate has no debts other than debts secured by real estate — a mortgage counts as secured, so a mortgage does not disqualify you — the court can admit the will as a muniment of title instead of opening an administration. No executor is appointed. No estate gets administered. The court’s order and a copy of the will are filed with the county clerk where the property sits, and that filing becomes the link in the chain of title. It is commonly used exactly when the main asset is a house. (Texas Estates Code Ch. 257.)
It is the fastest and cheapest route Texas offers when it fits. Whether it fits your estate is a question for a probate attorney, not for us — and the four-year deadline below applies to it.
With a will: independent administration
If the will provides for it — or, where it does not, if all the distributees agree and the court approves (Texas Estates Code § 401.002) — the estate can be administered independently. That means the representative handles the estate, including selling real property, without going back to the judge for permission at each step. It is the reason Texas probate has a reputation for being less expensive than most states’.
Without a will: affidavit of heirship, with an honest asterisk
When there is no will, families often record an affidavit of heirship — a sworn statement, signed before a notary by someone who knew your parent and the family history, setting out who the heirs are. It is cheap and it is everywhere in El Paso. Two things about it get glossed over constantly.
No judge reviews it. Under Texas Estates Code § 203.001, a recorded affidavit becomes prima facie evidence of what it says only after it has been on file in the property records for five years.
And no law requires anyone to accept it. The Texas State Law Library says it plainly: title companies sometimes accept affidavits of heirship; banks generally do not.
So it may or may not be enough to close a sale. That depends on the title company underwriting the deal — which is a question to ask them early, and one we cannot answer for you.
When the court has to be more involved
If there is no will and the heirs are not in agreement, or a title company will not rely on an affidavit, the next step is usually a determination of heirship (Texas Estates Code Ch. 202), where the court identifies the heirs by order. If an administration is also needed and nobody has independent authority, it becomes a dependent administration — the representative needs court approval for significant actions, including selling the house. It is slower and it costs more. It is also sometimes simply the right answer.
Two things worth checking before assuming probate is needed
A transfer on death deed. If your parent recorded one before they died (Texas Estates Code Ch. 114), the house may pass outside probate entirely. Check the deed records first — it takes one phone call.
A small estate affidavit is usually the wrong tool here. It comes up constantly and it rarely helps with a sale. It requires no will and a small estate, and Texas Estates Code § 205.006 allows it to transfer a homestead only when that homestead is the only real property in the estate — if there is any other property, this route closes entirely. Separate provisions (§ 205.009 with § 353.051) effectively limit it to a surviving spouse or minor children, which leaves out most adult children inheriting a parent’s house.
The four-year clock on a will
Texas gives four years from the date of death to file a will for probate. After that, the will may be treated as invalid and the property distributed as if there had never been one — which is frequently not what the will said. (Texas Estates Code § 256.003.) There is a narrow exception, and whether it applies to a particular family is exactly the kind of question a probate attorney should answer.
If a will is sitting in a drawer and the date of death was a while ago, that is the one thing on this page worth handling this week.
Where this happens in El Paso
El Paso County has two statutory probate courts — Probate Court No. 1 and Probate Court No. 2 — both at the county courthouse, 500 E. San Antonio, El Paso, TX 79901. Filings go through the El Paso County Clerk’s Probate-Civil Division, same building, Suite 105.
We are not going to hand you a timeline for your case. It depends on which route fits, the court’s calendar, and whether anyone contests anything — and anyone quoting you a number of weeks without knowing those three things is guessing at your expense.
What a cash sale actually solves in this situation
Nobody has to empty the house
Decades of a life are in there — photo albums, tools, a closet nobody has opened. Take what matters to your family, on whatever schedule your family needs. Whatever is left, we handle. Nobody should be making decisions about a parent’s belongings against a buyer’s deadline.
Several heirs, one closing
Estates get spread out — a brother with PCS orders, a sister in Phoenix, a cousin in Juárez. One sale, one closing date, and the title company disburses according to whatever the estate or the heirs’ written agreement directs. Ask the title company early how heirs out of state or out of the country can sign; on this border it is a routine question, but every case has its own requirements.
The house sells as it sits
Estate houses in El Paso are often 1960s–1980s homes — an evaporative cooler that is original to the house, a roof that is overdue, foundation movement that is normal for the Lower Valley. As-is means as-is. No repairs, no staging, no keeping it presentable for weekend showings.
The carrying costs stop
County property taxes keep running whether anyone lives there or not, insurance on a vacant house gets harder and pricier, and a mortgage keeps accruing. Worth asking the El Paso Central Appraisal District what happens to the exemptions your parent had — it changes the bill.
And if an heir is living in the house, Texas lets an heir property owner claim the homestead exemption even without a recorded deed, using an affidavit of ownership interest, the death certificate, and a recent utility bill.
A mortgage or reverse mortgage does not stop a sale
But it does set the clock. A reverse mortgage generally becomes due after the borrower’s death, and the servicer’s rules drive the timeline. Call the servicer early rather than late; it is the single most common thing families find out about too slowly.
The honest part
We pay less than the house would bring listed, repaired, and on the open market. That is the trade, and that is the whole trade. We are buying condition, speed, and certainty, and we have to make money on the other end.
If the house is in decent shape, the title is clean, the heirs agree, and nobody needs the money soon — list it with an agent. The estate will very likely net more, and we will tell you that on the phone rather than after you have signed something. Where we are actually worth calling is when the house needs work nobody wants to fund, when the heirs are scattered, when carrying costs are bleeding the estate every month, or when the family just wants it finished.
Our offer comes in writing with the math shown — what comparable El Paso houses actually closed at, what the repairs price out to, what our costs and margin are. Take it to the estate’s attorney before deciding anything. We would rather you did.
If you need a lawyer and are not sure where to start
This page tells you to see a probate attorney more than once, so here is how to actually reach one. If one of these solves your situation and you never call us, that is a good outcome. Genuinely.
State Bar of Texas Lawyer Referral Service
A short, low-cost consultation with a vetted attorney.
Texas RioGrande Legal Aid
Serves El Paso, free for those who qualify, and bilingual.
Plain-language articles and free forms, with Spanish versions.
Filings go through the County Clerk's Probate-Civil Division, 500 E. San Antonio, Suite 105.
FAQ
Can an inherited house be sold before probate is finished?
Sometimes — it depends entirely on the route and on who has authority to convey title. What can happen right away is everything short of closing: we look at the house, agree on price and terms in writing, and close when the authority is in place. What cannot happen is closing before someone can legally sign the deed. Anyone promising otherwise is not being straight with you.
What happens when the heirs don't all agree?
Generally every heir with an interest has to sign. When one won't, the realistic options are negotiating, buying out that person's share, or a partition action in court — which is slow, expensive, and hard on a family. We don't buy into family disagreements and we won't pressure anyone toward a signature. If the family isn't in agreement, there's nothing for us to close.
When there's no will, who ends up owning the house?
Texas law decides, and the common result is several people owning it together. Putting that on paper is either an affidavit of heirship or a court determination of heirship — and which one works depends on what the title company will accept. That is the first call to make.
Are there taxes on selling an inherited house in Texas?
Texas charges no state inheritance tax and no state estate tax; federal estate tax only applies to very large estates. On the sale itself, inherited property generally gets a cost basis "stepped up" to its value at the date of death, so any taxable gain is measured from that value rather than from what your parent paid decades ago — which is why the tax bill is often smaller than people brace for. We are not accountants. Run your numbers past a CPA before you rely on any of that.
Does the house have to be cleaned out or repaired before selling it this way?
No. Take what your family wants and leave the rest, including furniture, appliances, and anything in the garage. We buy it as it sits, in whatever condition it is in.
We are not attorneys and this page is not legal advice. The Texas probate rules summarized here come from the Texas State Law Library, TexasLawHelp and the Texas Estates Code; your family’s facts decide what actually applies. For your situation, talk to an El Paso probate attorney — some of the routes above genuinely require one. Tax questions belong with a CPA.
