Selling an Inherited House in Dallas-Fort Worth: Complete Probate Guide (2026)

Inheriting a house in the Dallas-Fort Worth metroplex means navigating Texas probate law while managing a property that may be across town or across the country. Between Dallas County and Tarrant County courts, property taxes that never stop accruing, and potential disputes among heirs, the process can feel overwhelming.

This guide covers everything DFW heirs need to know: how probate works in Dallas and Tarrant counties, your timeline, tax obligations, what to do when heirs disagree, and how to sell an inherited property fast without leaving money on the table.

How Probate Works in Dallas-Fort Worth

Probate is the court-supervised process of validating a will, settling debts, and transferring property to heirs. You file in the county where the deceased lived — Dallas County or Tarrant County for most metroplex residents.

Independent vs. Dependent Administration

Texas strongly favors independent administration, which is a major advantage for DFW heirs:

• Independent administration (most common): The executor manages the estate without constant court oversight. They can sell property, pay debts, and distribute assets without a judge's approval for each action. Most Texas wills specify this, and even without a will, heirs can agree to it.
• Dependent administration: The executor needs court approval for nearly every action. Slower, more expensive, and only used when the will requires it or heirs cannot agree on independent administration.

Documents You Will Need

• Original will (if one exists)
• Certified death certificate (at least 3 copies recommended)
• Property deed (showing the deceased as owner)
• Letters Testamentary (issued by the court after appointment — this gives you authority to act)

File your application with the probate court in the county where the deceased lived. Arlington or anywhere in Tarrant County goes to Tarrant County courts. Dallas, Plano, or Irving goes to Dallas County.

DFW Probate Timeline: What to Expect

Probate in the DFW metroplex takes a minimum of 6 months. Here is what each stage looks like:

Stage 1: Filing and First Hearing (2-4 Weeks)

File the application for probate, along with the will and death certificate. The court schedules a hearing, typically 2-4 weeks out. At this hearing, the judge validates the will and appoints the executor. You receive Letters Testamentary, which grant legal authority over the estate.

Stage 2: Inventory and Administration (3-6 Months)

The longest phase. The executor must:

• Publish notice to creditors in a local newspaper
• Wait the mandatory 4-month creditor claim period
• File an inventory of estate assets (within 90 days of appointment)
• Pay valid debts from estate funds
• Manage and maintain the property

Stage 3: Final Accounting and Closing (1-3 Months)

After debts are paid and the creditor period closes, the executor files a final accounting, distributes remaining assets to heirs, and petitions the court to close the estate.

Dallas County vs. Tarrant County Probate Courts

Where you file matters. Dallas and Tarrant counties handle probate differently in practice, even though they follow the same Texas Estates Code.

Dallas County Probate Courts

Dallas County has multiple statutory probate courts handling a high volume of cases. This means:

• Higher caseload can mean longer waits for hearing dates (2-4 weeks longer than smaller counties)
• Filing fees typically run $300-$400
• Requires publication of notice to creditors in a Dallas County newspaper
• Judges generally prefer independent administration when the will allows it

Tarrant County Probate Courts

Tarrant County also has dedicated probate courts but handles somewhat lower volume than Dallas:

• Hearing dates may be scheduled slightly faster than Dallas County
• Filing fees are comparable, typically $280-$380
• Also requires publication of notice to creditors in a Tarrant County newspaper
• Judges similarly favor independent administration

Both counties follow the same Texas Estates Code. The practical differences come down to volume and scheduling. A local probate attorney will know the specific preferences of judges in your county.

Can You Sell Before Probate Is Complete?

Yes — and many DFW heirs do. You do not have to wait until the estate is fully closed to sell the inherited property.

Independent Administration: Sell Without Further Court Approval

Under independent administration, the executor can sell the property without additional court approval once they have Letters Testamentary. The executor simply signs the deed as "Executor of the Estate of [Name]" and proceeds with the sale.

Dependent Administration: Court Order Required

Under dependent administration, the executor must petition the court for each sale. This adds 4-6 weeks per approval, but the sale can still happen before the estate closes.

Practical Steps to Sell During Probate

1. Get appointed as executor and receive Letters Testamentary
2. Confirm the administration type (independent vs. dependent)
3. Get the property appraised to establish date-of-death value
4. List the property or request cash offers while the creditor period runs
5. Close the sale — proceeds go to the estate account for distribution after probate closes

Selling during probate stops the bleeding on property taxes, insurance, and maintenance costs while you wait for the estate to finalize.

The Small Estate Affidavit Shortcut

If the estate is small enough, you can skip probate entirely using a Small Estate Affidavit under Texas Estates Code Chapter 205.

Requirements

• Total estate value is under $75,000 (excluding homestead and exempt property)
• At least 30 days have passed since the date of death
• All heirs must sign the affidavit
• The estate's assets exceed its liabilities (debts don't exceed value)
• No petition for probate is currently pending

How It Works

1. Prepare the Small Estate Affidavit listing all assets, debts, and heirs
2. All heirs sign the affidavit (must be notarized)
3. File the affidavit with the probate court in Dallas or Tarrant County
4. A judge reviews and approves the affidavit
5. The approved affidavit can be used to transfer property title

When It Does Not Work

The Small Estate Affidavit will not help if:

• The estate exceeds $75,000 in non-exempt assets
• Any heir refuses to sign
• There is a pending probate application
• The estate has more debts than assets

For many DFW properties, the home value alone exceeds $75,000, so this shortcut only works when the property was the homestead (excluded from the calculation) or the estate has minimal other assets. Consult a probate attorney to determine if you qualify.

Tax Implications of Selling an Inherited DFW Home

Texas is one of the most tax-friendly states for inheriting property. But there are still obligations you need to understand.

No Texas Inheritance Tax, No Texas Estate Tax

Texas does not levy any state inheritance tax or state estate tax. The state will not tax you for inheriting property, regardless of the value or your relationship to the deceased.

Federal Estate Tax (Probably Does Not Apply)

The federal estate tax only applies if the total estate exceeds $13.61 million (2026 threshold). For married couples using portability, the effective exemption is roughly $27 million. The vast majority of DFW families will never owe federal estate tax.

Capital Gains Tax and the Stepped-Up Basis

When you sell an inherited property, you may owe federal capital gains tax. But the stepped-up basis rule works heavily in your favor.

Your cost basis "steps up" to the fair market value at the date of death. You only pay capital gains on appreciation that happens after you inherit.

Example:

• Deceased bought a home in Garland for $120,000 in 1998
• At the date of death, the home is worth $310,000
• Your stepped-up basis is $310,000
• You sell for $318,000
• Your taxable capital gain is only $8,000 — not $198,000

Selling quickly after inheriting locks in a value close to your stepped-up basis, minimizing tax liability.

Keep Paying Property Taxes During Probate

On a $350,000 DFW home, property taxes run $7,000-$9,000 per year depending on the taxing jurisdiction — $580-$750 per month that someone must pay while the estate holds the property. Failing to pay triggers penalties that compound quickly.

What Happens When Heirs Disagree

Multiple heirs inheriting a single DFW property is one of the most common — and most contentious — scenarios in probate.

When Heirs Agree

If all heirs agree to sell, the process is straightforward. The executor lists or sells the property, and proceeds are split according to the will or Texas intestacy rules. Everyone signs off, and the sale closes.

When Heirs Disagree

If one sibling wants to sell and another wants to keep the property, there are three paths:

1. Buyout: One heir purchases the others' shares at fair market value. Requires agreement on price and the buying heir having access to funds.
2. Negotiated sale: Heirs agree to sell and split proceeds, even if some would prefer to keep the property. An objective process like getting competing offers helps because the market establishes value — not any single heir's opinion.
3. Partition action: Any heir can petition the court to force a sale. The court orders the property sold (usually at auction or through a court-appointed receiver) and divides proceeds by ownership share. This is expensive, adversarial, and typically results in a lower sale price.

Out-of-State Heirs: Managing a DFW Property Remotely

Many DFW inherited properties go to heirs living in California, New York, or other states. Managing a property from across the country creates real problems.

Challenges for Remote Heirs

• Property taxes accruing: You must keep paying or face penalties — Dallas and Tarrant County do not care that you live out of state
• Maintenance costs: Lawn care, basic upkeep, and emergency repairs on a vacant home add up fast
• Insurance requirements: Standard homeowner's insurance may not cover a vacant property — you often need a separate (more expensive) vacant home policy
• Vacancy risks: Vandalism, squatters, and pipe bursts in unoccupied DFW homes are more common than most heirs expect

Solutions for Remote Management

If you must hold the property during probate, grant power of attorney to a trusted local person who can handle day-to-day issues: paying bills, coordinating maintenance, and checking on the property.

But the simplest solution is selling quickly. A cash buyer marketplace handles everything remotely — no showings, no repairs, no property management. Submit property details online, review competing offers, pick the best one, and close through a title company. Many DFW inherited property sales are completed without the heir ever visiting Texas.

Your Selling Options for an Inherited DFW Home

Once you have legal authority to sell, you need to choose how. Each option has different tradeoffs for inherited properties.

Option 1: Traditional Agent Listing

Best for: Properties in good condition when you have time and live nearby

• Potential price: Highest possible gross sale price
• Timeline: 3-4 months on average in DFW (listing to closing)
• Costs: 5-6% agent commission, plus repairs, staging, cleaning out, and closing costs
• Effort: High — inherited homes usually need significant work to be MLS-ready

The challenge: most inherited homes have not been updated in years. You may need to invest $15,000-$50,000+ in repairs, clean out decades of belongings, and coordinate everything remotely. For out-of-state heirs, this is a major burden.

Option 2: Cash Buyer Marketplace (Propcash)

Best for: Speed plus fair price through competition — especially for inherited properties

• Potential price: 10-20% more than single-buyer offers thanks to competing bids from DFW investors
• Timeline: 7-14 days to close
• Costs: $0 — no commissions, no fees, no repairs
• Effort: Minimal — submit property details, review offers, pick the best one

Multiple investors compete for your property, driving up offers. You sell completely as-is — no cleanout, no repairs, no showings. The entire process can be handled remotely, and when multiple heirs are involved, objective competing offers take the emotion out of pricing decisions.

Option 3: Single Cash Buyer ("We Buy Houses")

Best for: When speed is the only priority and price does not matter

• Potential price: Typically 50-70% of market value (single lowball offer, no competition)
• Timeline: 7-14 days
• Costs: $0 upfront, but the low offer IS the cost
• Effort: Minimal

With no competition, there is no incentive to offer fair value. The price gap between a single buyer and a marketplace of competing buyers can be $20,000-$40,000 or more on a typical DFW inherited home.

Option 4: Keep and Rent

Best for: Heirs with property management experience or willingness to hire a manager

• Potential income: $1,200-$2,200/month gross rent for a typical DFW home (varies widely by area and condition)
• Timeline: Ongoing commitment
• Costs: Renovations to make rentable, property management fees (8-10%), ongoing maintenance, taxes, insurance
• Effort: High — especially for out-of-state heirs or those inheriting a property that needs work

Inherited homes often need significant renovation before they are rentable. Add property management costs, ongoing maintenance, and the reality of being a landlord from another state, and this option is impractical for most heirs.

Frequently Asked Questions

How long does probate take in Dallas County?

Probate in Dallas County takes a minimum of 6 months for independent administration. The higher volume of cases in Dallas County can add 2-4 weeks to initial hearing dates compared to smaller surrounding counties. Complex or contested estates can take 1-3 years. The mandatory creditor notification period alone is 4 months.

Can I sell an inherited house in Texas without going through probate?

In some cases, yes. If the estate is valued under $75,000 (excluding homestead), you may qualify for a Small Estate Affidavit, which bypasses probate entirely. Properties held in a living trust or with a Transfer-on-Death Deed also skip probate. Muniment of Title is another shortcut when there is a valid will and no outstanding debts.

Do I have to pay taxes on an inherited house in Texas?

Texas has no state inheritance tax or estate tax. Federal estate tax only applies to estates exceeding $13.61 million. You may owe capital gains tax if you sell above the date-of-death value, but the stepped-up basis protects you from gains during the deceased's lifetime. Property taxes continue accruing and must be paid during probate.

What if multiple heirs can't agree on selling the inherited house?

Any heir can petition the court for a partition action, which forces a sale. Proceeds are divided by ownership share. A less adversarial approach: get competing cash offers through a marketplace, where objective market data breaks the logjam and removes emotion from the decision.

Can I sell an inherited DFW house that needs major repairs?

Yes. Cash investors regularly purchase inherited properties in any condition — foundation issues, roof damage, outdated systems, or full cleanout needs. Through a cash buyer marketplace, multiple investors compete for your property as-is. Inherited homes that need work are exactly what these investors specialize in.

Next Steps: Sell Your Inherited DFW Home

Here is how to move forward:

1. Determine your probate path: Can you use a Small Estate Affidavit or Muniment of Title? Consult a Dallas or Tarrant County probate attorney to find the fastest route.
2. Get a date-of-death appraisal: This establishes your stepped-up basis and protects you at tax time.
3. Align with co-heirs: If applicable, agree on a selling method before emotions escalate.
4. Keep paying property taxes: DFW penalties for delinquency are severe and accrue fast.
5. Get competing cash offers: Know what the market will pay today so you can make an informed decision — whether you sell now or later.

Disclaimer: This article is for informational purposes only and does not constitute legal, tax, or financial advice. Probate laws, tax rules, and real estate regulations vary by situation. Consult with a Texas probate attorney, tax professional, or real estate attorney for advice specific to your circumstances.