Can an executor sell a house without beneficiaries approving it in Texas?
Does the executor have the final say about selling an inherited house in San Antonio?
A question that sometimes comes up when taking care of the business of an inherited house is “Can an executor sell a house without the heir’s approval?” The answer is “no.” The executor is charged with managing the deceased’s estate and following the wishes laid out in the will. If there’s no will, the executor must follow local and federal law to decide who inherits what.
Although the executor deals with putting the house on the market, the beneficiaries of the will need to agree about selling the house. If the heirs can’t agree, mediation is recommended, and if that fails, a court will have to decide what to do with the inherited house.
What is probate?
Probate is a legal process that takes place after someone passes away. According to Investopedia, “Probate is the general administration of a deceased person's will or the estate of a deceased person without a will.” Inheriting a house in Texas can be complicated or simple, depending upon the situation.
What is the probate process in San Antonio?
If there is a will, it must be filed and confirmed by a probate court. In Texas, the will must be filed 4 years from the date of death or earlier. There’s a 2-week waiting period, then there’s a hearing before the San Antonio Probate Judge to confirm the will and make certain that the executor is qualified for the position. After this process, the executor can start dealing with the deceased’s real estate and assets.
If there isn’t a will, it’s advised to talk with an attorney and file an application for Determination of Heirship. The court will decide how to split the estate. The heirs may be able to bypass probate by filing an Affidavit of Heirship in the property deeds records where the deceased’s real estate is located. This can only be accomplished if the deceased owes no debts. A form for the affidavit can be found in Section 203.002 of the Texas Estates Code.
After the Texas Probate Court gives the go-ahead, the executor can take care of the business of selling the house. The executor is also responsible for settling the deceased’s debts and distributing other assets.
Can you sell an inherited house without probate in San Antonio?
In Texas, you can avoid probate in a few different ways:
- Small Estate Affidavit: If an inherited estate is worth under $75,000, you may be eligible for this process. All heirs must sign it, and it can be used when there isn’t a will.
- Lady Bird Deed (Enhanced Life Estate Deed): This deed specifies a beneficiary who will automatically inherit the property upon your death, without probate.
- Living Trust: Transfer your real estate and assets into a trust, and it will pass directly to your named beneficiaries when you pass on.
- Transfer on Death Deed (TODD): If the deceased has filed a Transfer on Death Deed (TODD) in the county where the real estate is located, the deed can be transferred directly to the beneficiary upon death.
If these methods are used, probate can be avoided and the house can be sold once ownership is transferred.
What are the benefits of selling a house without probate?
The advantages of selling a house without probate include avoiding paying court costs and filing charges, as well as going through a sometimes-lengthy probate process. If the inherited house is to be sold, the sooner the better to avoid paying maintenance costs such as taxes, utility bills, and insurance.
How to sell your inherited house fast in San Antonio
If it’s time to sell your inherited house, a hassle-free and quick way to do it is to sell to We Buy Ugly Houses®. We can typically close faster than selling the traditional way through a real estate agent. Also, you don’t have to make repairs and updates, and you can leave unwanted items in the house for us to take care of.
Simply contact us for a free, no-obligation, in-person consultation at your inherited house. Our experienced, friendly, San Antonio property buyers will personally tour your property and answer your questions. Following the consultation, we may present an offer for your property. If you accept, we can sometimes close in as little as 3 weeks, and we will work with you to determine a closing date that works for you.
We Buy Ugly Houses is a network of experienced, local off-market home buyers. With a 95%* customer satisfaction rating nationwide and excellent reviews, we’re a great option for selling your inherited house without hassles.
This blog is for informational purposes only and should not be considered legal advice.
