You can’t sell an inherited house until someone has the legal right to sign for it, and in Texas that usually means a step at the county probate court first. While that’s underway, the mortgage, taxes and insurance keep running. Here’s what to expect in Plano, Collin County and Dallas County, what it costs, and how to decide whether to list, sell as-is, or hold.
Who’s writing this: Integrity Equity Solutions is a marketing company in Plano that works with real estate investors. We’re not attorneys, tax professionals, licensed real estate agents or brokers, financial advisors or estate planners, and we don’t claim to be an authority on Texas probate. This page is general information, pulled from the county, state and federal pages linked throughout, as they read on September 28, 2026. Laws, fees and procedures change. Every estate is different. Check anything that matters to yours with the court, the county clerk, the appraisal district, a Texas probate attorney or a CPA before you act on it.
The short version
- Someone has to get the authority to sell. That comes from the probate court in the county where the person lived. For most estates, that means hiring a probate attorney.
- The house costs money while you wait. Mortgage, property taxes, insurance and utilities don’t pause. That’s usually more than the court costs.
- Then pick how to sell: list with an agent, or sell as-is to an investor like us. We’ll tell you plainly when the agent is the better call.
Step one: who can sign?
A will doesn’t prove ownership by itself. Texas law says a will “is not effective to prove title to, or the right to possession of, any property disposed of by the will until the will is admitted to probate” (Estates Code §256.001). Without a will, a court usually has to confirm who the heirs are. Either way, a title company won’t close a sale if the chain of ownership stops at someone who has died. So the first job is getting the paperwork a title company will accept, and that comes from the court.
Where to start. Probate is filed in the county where the person lived, not where the house is (Estates Code §33.001). So a Plano resident’s estate goes to Collin County even if the house is in Dallas County.
- Collin County: the County Clerk’s probate page explains filing. The court is in the Russell A. Steindam Courts Building, 2100 Bloomdale Rd., McKinney. The clerk’s page also says that Texas law requires an executor or administrator to be represented by a licensed attorney.
- Dallas County: the County Clerk’s Probate Courts Division is in the George Allen Courts Building, 600 Commerce St., 7th floor, Dallas. Its Know Before You Come page lists what to bring.
When you need an attorney. If the estate needs an executor or administrator appointed, both counties’ pages point to the Texas rule that they must have one. There are a few lighter paths for small or simple estates, and some property (a house in a trust, or with a recorded transfer-on-death deed) can pass without probate at all. Which one fits yours depends on the will, the debts and the family, and that’s exactly the question to bring to a Texas probate attorney. The Texas State Law Library’s probate guide is a good free read before that meeting.
One deadline to know. A will generally can’t be admitted to probate more than four years after the death, unless the person applying wasn’t at fault for the delay (Estates Code §256.003). If a parent died years ago and nobody probated the will, tell the attorney that first.
How long it takes
We’re not going to give you a number we can’t back up. What we can say: the court’s calendar, the paperwork and the title company’s review set the pace, and none of those are fixed by law.
The practical point: once the court has issued the executor or administrator their letters, the house can usually be listed or put under contract, and closing follows the title company’s review. The rest of the estate can stay open while the house sells. Ask the attorney and the title company what they need before you set a date.
What it costs
Court filing fees. Collin County’s clerk lists $393 to apply to probate a will or open an administration, and $476 for a determination of heirship (fee schedule dated January 1, 2022 — confirm the current amount with the clerk). Dallas County’s clerk lists $360 for each, effective January 1, 2026, plus posting and citation fees ($20 posted notice, $8 per citation, $65 if citation by publication is needed) (fee schedule).
Attorney’s fees. Separate from the court’s fees, and they vary by firm and by how much work the estate needs. We don’t have a figure to give you. Ask for a written fee agreement before you hire anyone.
While you wait. The mortgage, property taxes, insurance and utilities keep running. Those usually cost more than the court does. The next sections cover each one.
When you sell. If you list with an agent, expect commission and the seller’s share of closing costs. If you sell to us, how we buy houses explains how our offers work.
The mortgage
The loan doesn’t die with the borrower, and it doesn’t come due just because the house was inherited. Federal law stops a lender from calling the loan on “a transfer to a relative resulting from the death of a borrower” (12 U.S.C. §1701j-3(d)). Under the CFPB’s mortgage servicing rules, the person who inherits is a “successor in interest,” and once the servicer confirms that, it has to treat them like the original borrower: give loan information, take payments, and consider them for help if the loan is behind.
What to do: send the servicer the death certificate and whatever proof of inheritance it asks for, keep a copy, and keep paying if you can. When the house sells, the mortgage is paid off from the sale money at closing, the same as in any sale with a loan on the house.
If payments have already been missed, read stopping a foreclosure in Texas — the timelines are short.
Property taxes and the homestead exemption
This is the part most heirs find out about late. The homestead exemption belonged to the person who lived there. It doesn’t automatically carry to the heirs.
- If an heir lives in the house, apply for the heir-property homestead exemption. Both Collin CAD and Dallas CAD list what they need: an affidavit of ownership (Comptroller Form 50-114-A), the prior owner’s death certificate, a recent utility bill, and any court record about ownership if there is one.
- A surviving spouse 55 or older can keep the over-65 exemption. Collin CAD asks the spouse to contact them.
- If nobody lives there, the house isn’t anyone’s homestead. Taxes are still due on the usual schedule, and they attach to the property. Budget for the next bill before you decide how long to hold the house.
Dallas CAD asks you to allow 45 to 90 days after a deed is recorded before the ownership record updates.
Insurance while it’s empty
The Texas Department of Insurance says most companies stop coverage if a house is vacant for 60 days or more, though they usually don’t stop liability coverage. Call the insurer in the first week, tell them the owner has died and whether anyone is living there, and ask what a vacancy endorsement or a vacant-home policy costs. Do this before a pipe bursts, not after.
A house full of belongings
You don’t have to empty the house to sell it. You do have to know who has the right to decide, because the belongings are part of the estate too. Before anything leaves: photograph the rooms, pull out papers (the will, deed, policies, statements, tax records), and give family a set window to claim what matters to them.
If you list with an agent, the house usually has to be cleared. If you sell to us, in most cases we can take the house with contents left in it; what stays and what goes is written into the contract.
Repairs
Don’t start a renovation on an estate house before someone has the authority to spend the money and the heirs agree on the plan. Money spent on the house before the estate is settled is estate business, so the executor or administrator should clear it with their attorney first. Get a written estimate, then decide between “fix and list” and “sell as-is.” The next section is about that decision.
When several heirs don’t agree
When a house passes to several people, nobody can sell the whole house without the others. If the family can’t agree, Texas law lets a co-owner ask a court to divide or sell the property, and there are special rules for inherited property that give the heirs who want to keep it a chance to buy the others out (Property Code ch. 23 and 23A). That’s a slow and expensive route, and it’s an attorney’s job to explain how it would apply to your family. Most families settle it around a kitchen table first.
What helps in practice: agree in writing who pays what while the house is held, keep every receipt, and get one written valuation everyone can look at. If one heir is living in the house, put the rent-or-no-rent question on the table early.
Sell to an investor, or list with an agent?
Both are real options. Here’s the honest version.
List with an agent when: the house is in decent shape or the estate can fund the repairs, the heirs agree and can wait, and the goal is the highest price. A listing puts the house in front of every buyer in the market, and that competition is what gets you the top number. If that’s your situation, interview two or three agents who’ve sold estate homes in your part of Collin or Dallas County. You’ll pay commission and seller closing costs, and you’ll do the cleanout, showings and repairs the buyer’s lender wants. For most families with a sound house and time, this is the better financial outcome, and we’ll say so when we see it.
Sell to an investor when: the house needs more work than the estate can pay for, the heirs live out of state, the family is worn out, the house is full, or the mortgage is behind and the clock is running. An as-is sale trades some price for no repairs, no showings, no cleanout and a closing date you choose. The price will be below what a renovated house would list for. That’s the deal, and any investor who tells you otherwise isn’t being straight.
Hold it (keep it, or rent it out) is the third option. It fits when the heirs agree, someone can manage it, and the numbers work after taxes and insurance without the exemption. We walk through that decision in keep, rent or sell an inherited house in North Texas.
Questions to ask any investor, including us:
- Who exactly is the buyer on the contract, and will you assign it to someone else?
- Can you show proof of funds?
- How long is your inspection period, and can the price change after it?
- What’s deducted at closing — liens, taxes, fees?
- Does the house have to be empty, and when does the family’s access end?
- What happens if you don’t close?
Ask for the answers in writing. Compare the net you’d walk away with under each route, not the top-line number.
Taxes when you sell
Texas repealed its inheritance tax effective September 1, 2015, so there’s no state tax on inheriting the house. Federal tax can still apply when you sell. The IRS says the basis of inherited property is generally “the fair market value (FMV) of the property on the date of the decedent’s death.” In plain terms: if the house was worth $X on the date of death and you sell for about $X, there’s usually little or no gain. Keep a date-of-death valuation. Ask a CPA to run your actual numbers — we don’t do tax work.
What we do
We’re Integrity Equity Solutions, a Plano marketing company that works with real estate investors. We serve Collin County, Dallas County and the wider DFW area. You can read about our company and how we buy houses. If the house is in Dallas, we’ve written about selling a house in Dallas too.
One thing we’d rather say here than have you find out at closing: the offer comes from us. The buyer named on the contract may be us, a company we own, a partner, or another investor we assign the contract to; it depends on the house. We put that in writing before you sign. That’s why “who is the buyer on the contract?” is the first question on our list above. Ask it of everyone, including us.
If you’re not sure which route fits, contact us and tell us where the estate stands. If a listing is the better choice, we’ll say so. If an as-is sale makes sense, you can ask us for a cash offer with no obligation, and we can work around the probate timeline rather than against it.
A reminder of who we are: Integrity Equity Solutions is a marketing company that works with real estate investors. We are not attorneys, tax professionals, licensed real estate agents or brokers, financial advisors or estate planners, and nothing on this page is legal, tax, financial or investment advice. We don’t claim to be an authority on any of it. We’ve linked the source behind each point so you can read it yourself; those were read on September 28, 2026, and laws, fees and procedures change. Before you rely on anything here, check it with the probate court, the county clerk, the appraisal district, a Texas probate attorney or a CPA. If you talk to us about the house, that’s a business conversation, not advice.
Frequently asked questions
Do I have to go through probate to sell an inherited house in Texas?
Usually something has to happen at the county probate court before a title company will close. A will has to be admitted to probate to prove title (Estates Code §256.001), and without a will the heirs usually have to be confirmed by the court. Some property, like a house in a trust or with a recorded transfer-on-death deed, can pass outside probate. A Texas probate attorney can tell you which applies to yours.
Can we sell the house before probate is finished?
Often, yes. The executor or administrator can typically put the house under contract and close once the court has issued their letters; the estate can stay open for other business. Ask the attorney and the title company what they need to see.
How much does probate cost in Collin County or Dallas County?
The court filing fee is a few hundred dollars: Collin County’s clerk lists $393 for a will or administration and $476 for an heirship determination (schedule dated 2022); Dallas County’s clerk lists $360 for each, effective January 1, 2026, plus small citation fees. Attorney’s fees are separate and vary.
How long does it take?
It depends on the court’s calendar, the paperwork and whether anyone contests. There’s no fixed number.
What happens to the mortgage on an inherited house?
It stays on the house. Federal law prevents the lender from calling the loan because the home passed to a relative on the borrower’s death, and the servicer has to work with the confirmed heir as if they were the borrower. Keep paying if you can, send the servicer the proof it asks for, and the loan gets paid off from the sale proceeds at closing.
Does the homestead exemption carry over?
Not automatically. If an heir lives in the house, they can apply for the heir-property homestead exemption with an affidavit, the death certificate and a utility bill. A surviving spouse 55 or older can keep the over-65 exemption. If the house is empty, it isn’t anyone’s homestead.
Will I owe taxes when I sell?
There’s no Texas inheritance tax. For federal purposes, your basis is generally the home’s value on the date of death, so selling near that value usually means little or no taxable gain. Have a CPA confirm it.
Is selling to an investor the right move for an inherited house?
Sometimes. If the house is sound and the family can wait, a listing usually nets more. If the house needs work, is full, or the family needs it done, an as-is sale is a fair trade of price for certainty. We’ll tell you which we think you’re looking at.