Selling an Inherited House in Houston: Probate Guide (2026)

Inheriting a house in Houston means navigating Texas probate law while managing a property vulnerable to Houston's heat, humidity, flooding, and the relentless costs that come with all of it. Between Harris County's four probate courts, property taxes that never stop accruing, and potential disputes among heirs, the process overwhelms most families.

This guide covers everything Houston heirs need to know: how probate works in Harris County, your timeline, tax obligations, the true cost of holding an inherited home, what to do when heirs disagree, and how to sell an inherited property fast without leaving money on the table.

How Probate Works in Houston

Probate is the court-supervised process of validating a will, settling debts, and transferring property to heirs. In Houston, you file in the county where the deceased lived — Harris County for most Houston residents, though surrounding counties like Fort Bend, Montgomery, and Galveston each have their own probate divisions.

Independent vs. Dependent Administration

Texas strongly favors independent administration, and this is a major advantage for Houston heirs:

• Independent administration (most common): The executor manages the estate without constant court oversight. They can sell property, pay debts, and distribute assets without needing a judge's approval for each action. Most Texas wills specify independent administration, and even without a will, all heirs can agree to it.
• Dependent administration: The court supervises every action the executor takes. Each property sale, each debt payment, each distribution requires a judge's approval. This is 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 the executor is appointed — this document gives you legal authority to act on behalf of the estate)

File your application with the probate court in the county where the deceased lived. Most Houston estates go through Harris County Probate Courts, but if the deceased lived in Sugar Land, file in Fort Bend County. The Woodlands goes to Montgomery County. Clear Lake may fall in either Harris or Galveston County depending on the exact address.

Houston Probate Timeline: What to Expect

Probate in Houston takes a minimum of 6 months. Many estates take closer to 12 months, and complex situations stretch well beyond that. 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. In Harris County, high case volume can push this initial hearing out slightly longer than smaller surrounding counties.

Stage 2: Notice to Creditors (4 Months Mandatory)

Texas law requires the executor to publish notice to creditors in a newspaper in the county where the estate is being administered. For Harris County, this means a Houston-area newspaper. Creditors then have 4 months to file claims against the estate. This waiting period cannot be shortened — it runs regardless of how simple the estate is.

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

During this phase, the executor must:

• File an inventory of all estate assets (due within 90 days of appointment)
• Pay valid creditor claims from estate funds
• Manage, maintain, and insure the property
• Keep property taxes current
• Handle any disputes that arise among heirs

Stage 4: 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.

Harris County Probate Courts: What You Need to Know

Harris County has 4 statutory probate courts — among the busiest in the entire state of Texas. Understanding how these courts operate helps set realistic expectations.

High Volume Means Potential Backlogs

Harris County is the third-most populous county in the United States. Its probate courts handle an enormous volume of cases, which can mean:

• Longer waits for hearing dates compared to smaller counties
• More time between filing and the initial hearing
• Slower processing on contested matters

Filing Fees and Costs

• Court filing fees: $300-$400 for probate applications
• Newspaper publication: Required for creditor notice — must be a Houston-area newspaper
• Attorney fees: Typically $3,000-$10,000 for standard probate in Harris County, significantly more for contested estates

Surrounding Counties

If the deceased lived in the Greater Houston area but outside Harris County, you may file in a different court system:

• Fort Bend County: Covers Sugar Land, Missouri City, Richmond — has its own probate division with different processing times
• Montgomery County: Covers The Woodlands, Conroe — generally lower volume than Harris County
• Galveston County: Covers parts of Clear Lake, League City, Galveston — separate probate courts

A local probate attorney will know the specific preferences of judges in your county and can advise on the fastest path.

Can You Sell Before Probate Is Complete?

Yes — and many Houston 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. This is the key advantage of independent administration. The executor simply signs the deed as "Executor of the Estate of [Name]" and proceeds with the sale. Title companies in Houston handle probate sales regularly and know the process.

Dependent Administration: Court Order Required

Under dependent administration, the executor must petition the court for approval before each sale. This adds 4-6 weeks per approval and additional attorney fees, 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. List the property or request cash offers while the creditor period runs
4. Close the sale — proceeds go to the estate account
5. Distribute proceeds to heirs per the will or intestacy rules 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 value in some cases)
• At least 30 days have passed since the date of death
• All distributees (heirs) must sign the affidavit
• The estate's assets exceed its liabilities
• No petition for probate is currently pending

How It Works

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

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 or cannot be located
• The will is contested
• The estate has more debts than assets
• The situation is complex with multiple creditor claims

Another shortcut to know about: Muniment of Title. If there is a valid will and no outstanding debts, the court can admit the will as a muniment of title — which transfers property without full probate administration. This is faster and cheaper than standard probate but requires a valid will and a clean debt situation.

Tax Implications of Selling an Inherited Houston 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 Houston 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 — not on the gains from the deceased's lifetime of ownership.

Example:

• Deceased bought a home in Spring Branch for $95,000 in 1995
• At the date of death, the home is worth $280,000
• Your stepped-up basis is $280,000
• You sell for $290,000
• Your taxable capital gain is only $10,000 — not $195,000

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

Property Taxes Continue During Probate

Property taxes on your inherited Houston home continue accruing during probate. No one gets a break because the owner died. On a typical Houston home, property taxes run approximately $8,050 per year — that is $671 per month the estate must pay regardless of whether anyone lives in the home.

If the deceased had a homestead exemption, that exemption is lost after their death unless a surviving spouse or heir claims it within 1 year. Losing the homestead exemption can increase the annual tax bill by $1,000 or more.

The Hidden Cost of Holding an Inherited Houston Home

The real financial drain of an inherited Houston home is not the probate process itself — it is the cost of holding the property while probate crawls forward.

Annual Holding Costs for a Typical Inherited Houston Home

• Property taxes: $8,050/year
• Insurance: $6,610/year (Houston's high premiums due to hurricane and flood risk)
• Maintenance and lawn care: $3,000/year
• Utilities: $2,400/year (must keep running to prevent mold and pipe damage)
• Total: $20,060/year ($1,672/month)

Houston's Climate Makes Vacancy Especially Dangerous

Houston's heat and humidity create specific problems for vacant inherited homes:

• Mold: Houston's humidity means mold can spread through a vacant home in weeks, especially without running HVAC. Remediation costs $2,000-$15,000+.
• Pest damage: Termites, roaches, and rodents move into unoccupied homes fast in Houston's climate.
• Plumbing issues: Pipes in unoccupied Houston homes can develop problems without regular use, and a single burst pipe causes catastrophic water damage.
• Flood risk: Houston is one of the most flood-prone cities in the country. A vacant home with no one monitoring it during storm season is a disaster waiting to happen. If the home is in a flood zone, you need flood insurance on top of standard coverage — another $1,500-$3,000/year the estate must pay.

Every month of delay costs the estate $1,672 or more, and the risk of a major damage event grows with each passing storm season.

What Happens When Heirs Disagree

Multiple heirs inheriting a single Houston 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. All heirs have equal rights to the property unless the will specifies otherwise.

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. Getting competing offers helps because the marketplace establishes fair market value — not any single heir's opinion. This satisfies fiduciary duty and prevents disputes over what constitutes a "fair price."
3. Partition action: Any heir can petition the court to force a sale. The court orders the property sold and divides proceeds by ownership share. This is expensive, adversarial, and typically results in a lower sale price for everyone.

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

Many Houston inherited properties go to heirs living in other states. Houston's sheer size — the metro stretches over 10,000 square miles — makes remote management especially difficult, even for heirs within Texas.

Challenges for Remote Heirs

• Property taxes accruing: You must keep paying Harris County or face penalties — the county does not care that you live in another state
• Insurance requirements: Standard homeowner's insurance may not cover a vacant property. Vacant home policies cost significantly more, and Houston's hurricane and flood exposure makes this non-negotiable.
• Flood risk: Who monitors the property during hurricane season? A single storm can cause tens of thousands in damage to a vacant, unmonitored home. Houston's history of catastrophic flooding (Harvey, Imelda, and ongoing flash floods) makes this a very real threat.
• Vandalism and squatter risk: Vacant Houston homes, especially in certain neighborhoods, become targets for break-ins, copper theft, and unauthorized occupants
• Maintenance in Houston's climate: Lawns grow year-round, HVAC must run to prevent mold, and the heat accelerates deterioration of an unoccupied property

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, checking on the property after storms, and dealing with any emergencies.

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 Houston inherited property sales are completed without the heir ever visiting Texas.

Your Selling Options for an Inherited Houston 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 locally

• Potential price: Highest possible gross sale price
• Timeline: 3-4 months on average in Houston (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 or decades. You may need to invest $15,000-$50,000+ in repairs, clean out a lifetime of belongings, and coordinate everything while managing probate. For out-of-state heirs, this is an enormous burden.

Option 2: Cash Buyer Marketplace (Propcash)

Best for: Inherited properties — speed plus fair price through competition

• Potential price: 10-20% more than single-buyer offers thanks to competing bids from Houston 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, no flood remediation. The entire process can be handled remotely. When multiple heirs are involved, objective competing offers take the emotion out of pricing decisions and satisfy fiduciary duty.

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 Houston inherited home.

Option 4: Keep and Rent

Best for: Heirs with property management experience who understand Houston's specific risks

• Potential income: $1,200-$2,000/month gross rent for a typical Houston home (varies widely)
• Timeline: Ongoing commitment
• Costs: Renovations, property management fees (8-10%), ongoing maintenance, taxes, insurance, potential flood insurance
• Effort: High — especially for out-of-state heirs inheriting a property in Houston's flood-prone, high-maintenance environment

Inherited homes often need significant renovation before they are rentable. Add Houston's property tax burden, expensive insurance, flood risk, and the reality of managing a rental from another state, and this option is impractical for most heirs.

Frequently Asked Questions

How long does probate take in Harris County?

Probate in Harris County takes a minimum of 6-12 months for independent administration. Harris County has four statutory probate courts handling extremely high volume, which can cause backlogs and extend hearing timelines. Complex or contested estates can take 1-3 years. The mandatory creditor notification period alone is 4 months, and that clock does not start until after the first hearing.

Can I sell an inherited house without probate in Texas?

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. Muniment of Title is another shortcut when there is a valid will and no outstanding debts — the court admits the will and transfers property without full administration. Properties held in a living trust or with a Transfer-on-Death Deed also skip probate.

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 federal 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 — you only pay tax on appreciation after you inherit. Property taxes continue accruing during probate and must be kept current.

What if multiple heirs can't agree on selling?

Any heir can petition the court for a partition action, which forces a sale of the property. Proceeds are divided by ownership share. A less adversarial approach is to get competing cash offers through a marketplace. Objective market data established through investor competition often breaks the logjam because all parties can see fair market value for themselves — no one can claim the price is unfair when the market has spoken.

Can I sell an inherited Houston house that has flood damage?

Yes. Cash investors regularly purchase inherited properties in any condition, including homes with flood damage — a common situation in Houston. Through a cash buyer marketplace, multiple investors compete for your property as-is. No repairs, no remediation, no cleanout required. Investors who specialize in Houston properties already account for flood history and repair costs in their offers.

Next Steps: Sell Your Inherited Houston 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 Harris 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 and insurance: Houston penalties for tax delinquency are severe, and letting insurance lapse on a vacant home is dangerous.
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.