Selling an Inherited House in San Antonio: Probate Guide (2026)

Inheriting a house in San Antonio means stepping into Texas probate law while managing a property in one of the state's hottest, fastest-growing metros. Between Bexar County's two probate courts, property taxes that never pause, and the reality of keeping a vacant home safe through San Antonio's brutal summers, most families feel overwhelmed before they even start.

This guide walks San Antonio heirs through every step: how probate works in Bexar County, your realistic timeline, tax obligations, the true cost of holding an inherited home, what to do when heirs disagree, and how to sell without leaving money on the table.

How Probate Works in San Antonio

Probate is the court-supervised process of validating a will, settling debts, and transferring property to heirs. In San Antonio, you file in the county where the deceased lived — Bexar County for most SA residents, though surrounding counties like Comal and Guadalupe have their own probate divisions.

Independent vs. Dependent Administration

Texas strongly favors independent administration, and the vast majority of San Antonio estates use it:

• 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. Each property sale, each debt payment, each distribution requires a judge's order. 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 grants legal authority to act on behalf of the estate)

Independent administration is faster and cheaper — it is the path you want. If the will names you as executor and specifies independent administration, the process is relatively straightforward once you get before a Bexar County probate judge.

Bexar County Probate Timeline

Probate in San Antonio takes a minimum of 6 months. Many estates take closer to 12 months, and contested situations stretch well beyond that.

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: Notice to Creditors (4 Months Mandatory)

Texas law requires the executor to publish notice to creditors in a San Antonio-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, manage and insure the property, keep property taxes current, and handle any disputes 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.

Bexar County Probate Courts: What You Need to Know

Bexar County has 2 statutory probate courts — Probate Court No. 1 and Probate Court No. 2. Understanding these courts helps you set realistic expectations for timing and costs.

Filing Fees and Costs

• Court filing fees: $300-$400 for probate applications
• Newspaper publication: Required for creditor notice — must be a San Antonio-area newspaper
• Attorney fees: Typically $3,000-$8,000 for standard probate in Bexar County. Many San Antonio attorneys offer flat-rate probate packages, which makes budgeting easier.

Surrounding Counties

If the deceased lived in the Greater San Antonio area but outside Bexar County, you file in a different court:

• Comal County: Covers New Braunfels and surrounding areas — generally lower volume than Bexar County
• Guadalupe County: Covers Seguin, Schertz — separate probate process with different timelines

A local probate attorney familiar with Bexar County judges can advise on the fastest path and help avoid procedural missteps that cause delays.

Can You Sell Before Probate Is Complete?

Yes — and many San Antonio heirs do exactly this. 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 signs the deed as "Executor of the Estate of [Name]" and proceeds with the sale. Title companies in San Antonio handle probate sales regularly and know this process well.

Dependent Administration: Court Order Required

Under dependent administration, the executor must petition the court for approval before each sale. This adds 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. Market 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 Bexar County probate court
4. A judge reviews and approves the affidavit
5. The approved affidavit transfers property title directly — no full probate needed

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, or the estate has more debts than assets. For more complex situations, ask your attorney about Muniment of Title — if there is a valid will and no outstanding debts, the court can admit the will and transfer property without full probate administration.

Tax Implications of Selling an Inherited SA Home

Texas is one of the most tax-friendly states for inheriting property. But there are still obligations every San Antonio heir needs 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 San Antonio 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 near Alamo Heights for $80,000 in 1990
• At the date of death, the home is worth $250,000
• Your stepped-up basis is $250,000
• You sell for $260,000
• Your taxable capital gain is only $10,000 — not $180,000

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 San Antonio home continue accruing during probate. On a typical SA home, property taxes run approximately $6,768 per year — that is $564 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.

The Hidden Cost of Holding an Inherited San Antonio Home

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

Annual Holding Costs for a Typical Inherited San Antonio Home

• Property taxes: $6,768/year
• Insurance: $4,800/year
• Maintenance and lawn care: $2,500/year
• Utilities: $1,800/year (must keep AC running to prevent heat damage and pest infestations)
• Total: $15,868/year ($1,322/month)

San Antonio's Heat Makes Vacancy Especially Costly

San Antonio's extreme summer heat — regularly exceeding 100 degrees — creates specific problems for vacant inherited homes:

• AC failure: Without running HVAC, interior temperatures can exceed 130 degrees. This warps floors, cracks drywall, and damages appliances.
• Pipe issues: Extreme heat and cold snaps (remember the 2021 freeze) both threaten plumbing in unoccupied homes.
• Pest damage: Termites, scorpions, rodents, and roaches thrive in San Antonio's climate and move into vacant homes quickly.
• Rapid deterioration: UV exposure, heat cycling, and neglect accelerate wear on roofing, siding, and paint far faster than in cooler climates.

What Happens When Heirs Disagree

Multiple heirs inheriting a single San Antonio property is one of the most common — and most contentious — scenarios in probate. All heirs have equal rights to the property unless the will specifies otherwise.

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. Getting competing offers helps establish fair market value through objective market data — 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 and divides proceeds by ownership share. This is expensive, adversarial, and typically results in a lower sale price.

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

Many San Antonio inherited properties go to heirs living in other states — or even other parts of Texas. Managing a vacant home remotely in SA's climate is a recipe for costly problems.

Challenges for Remote Heirs

• Property taxes accruing: Bexar County does not care that you live in another state — pay or face penalties
• Insurance costs more for vacant homes: Standard homeowner's insurance may not cover a vacant property, and vacant home policies cost significantly more
• San Antonio heat causes rapid deterioration: AC failure leads to pipe issues, warped floors, and pest invasions within weeks during summer
• Vandalism and squatter risk: Vacant homes become targets for break-ins, copper theft, and unauthorized occupants
• Lawn and exterior maintenance: San Antonio's HOAs (where applicable) and city code enforcement issue fines for neglected properties

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, and dealing with 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 San Antonio inherited property sales are completed without the heir ever visiting the city.

Your Selling Options for an Inherited SA 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: 55+ days on average in San Antonio (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 $10,000-$40,000+ 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 San Antonio 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. 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

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-$30,000+ on a typical San Antonio inherited home.

Option 4: Keep and Rent

Best for: Heirs with property management experience who understand SA's market

• Potential income: $1,200-$1,800/month gross rent for a typical SA home
• Costs: Renovations, property management fees (8-10%), ongoing maintenance, taxes, insurance
• Effort: High — especially for out-of-state heirs

Inherited homes often need significant renovation before they are rentable. Add San Antonio's property tax burden, insurance costs, 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 Bexar County?

Probate in Bexar County takes a minimum of 6-12 months for independent administration. Bexar County has two statutory probate courts handling high volume, which can cause delays in 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 pay taxes on an inherited house in San Antonio?

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 post-death appreciation. Property taxes continue accruing during probate and must be kept current to avoid penalties.

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 — no one can claim the price is unfair when the market has spoken.

How fast can I sell an inherited San Antonio home?

Through a cash buyer marketplace, you can receive competing offers within 24 hours and close in as few as 7-14 days. The property sells as-is — no repairs, no cleanout, no showings required. The entire process can be handled remotely, which is especially valuable for out-of-state heirs managing a San Antonio property from a distance.

Next Steps: Sell Your Inherited San Antonio 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 Bexar 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: Bexar County 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.