How to Sell a House With and Without a Will in El Paso

Illustration of a family consulting with We Buy Casa in El Paso about selling an inherited house. The image includes legal documents labeled 'Will & Affidavit of Heirship,' a house with a 'For Sale' sign, and a title company office, representing the process of selling a house with and without a will.

Selling a House When a Will Exists

If a valid will exists, it generally must be executed and probated in court before the house can be sold. The probate process ensures that all of the deceased's property is accounted for, debts are paid, and the remaining assets are distributed according to the will.

Steps to Selling a House Through Probate

  1. File the Will with the Probate Court – The executor named in the will must initiate probate by filing the necessary documents with the county probate court.
  2. Attend a Probate Hearing – The court will validate the will and officially appoint the executor to oversee the estate.
  3. Inventory and Pay Off Debts – All debts, including mortgages, taxes, and other obligations, must be cleared before assets are distributed.
  4. Obtain Court Approval to Sell the Property – The executor may need to request court approval before listing and selling the house.
  5. List the Property and Sell – Once approved, the house can be sold like a traditional real estate transaction.
  6. Finalize the Sale – The probate court must approve the sale before closing.

This process generally takes about 30 days, assuming there are no disputes over the will or the distribution of assets. If a dispute arises, probate can take significantly longer.

Selling a House Without a Will

If no will exists, the property falls under Texas intestate succession laws, meaning it is distributed to the deceased's closest living relatives. Before selling the house, the heirs must establish legal ownership.

Affidavit of Heirship: An Alternative to Probate

If all heirs agree to sell the property and split the proceeds equally, probate may not be necessary. Instead, an Affidavit of Heirship can be used to establish rightful ownership and transfer the title.

How the Affidavit of Heirship Works:

  1. Establish Heirs – A complete family tree is prepared to confirm who the rightful heirs are and their relationship to the deceased.
  2. Secure Witness Signatures – The document must be signed by an heir and two unrelated witnesses who knew the deceased for at least 10 years in the presence of a notary.
  3. File the Affidavit – The document is recorded with the county where the property is located.
  4. Prepare a Warranty Deed – An attorney drafts a new deed transferring ownership to the rightful heirs.
  5. Sell the House – Once these steps are completed, the heirs can proceed with the sale.

This method is especially effective when the deceased did not have extensive property holdings, multiple marriages, or a complicated family structure. It provides a quicker and less costly alternative to probate.

When Probate is Necessary

If heirs cannot agree on selling the house or on how to divide proceeds, probate will be required. In such cases:

  • The probate court will appoint an administrator to oversee the estate.
  • A legal judgment must be filed to determine property ownership and distribution.
  • The sales contract must be approved by the court before closing.

Working with an attorney experienced in probate law ensures the process is handled correctly and efficiently, preventing delays or legal issues down the line.

Other Alternatives to Probate

In addition to the Affidavit of Heirship, there are other legal tools that may help bypass probate:

Muniment of Title

If the deceased had a will and no outstanding debts, the will may be probated as a muniment of title, allowing the estate’s property to be transferred without going through full probate.

Transfer on Death Deeds (TODD)

A Transfer on Death Deed allows a homeowner to name a beneficiary who will inherit the property automatically upon their death, avoiding probate entirely.

Small Estate Affidavit

If the estate (excluding real estate) is valued at less than $75,000, heirs can file a Small Estate Affidavit to claim assets without undergoing a full probate process.

How We Buy Casa Can Help

We’ve helped many homeowners in El Paso sell inherited houses quickly using the Affidavit of Heirship and probate processes. If all heirs are in agreement, we can work with a title company to expedite the sale and eliminate unnecessary legal steps. Our team ensures a smooth, hassle-free process by handling all the necessary paperwork.

If you need to sell an inherited house in El Paso, contact us and fill out our form to learn how we can help.


Final Thoughts

Selling a house with or without a will requires different legal steps. If a will exists, probate is typically required before the sale. If no will exists, an Affidavit of Heirship may be used if all heirs agree. When disputes arise, probate and court approval will be necessary.

Understanding your options and working with an experienced team can simplify the process and help you close the sale faster. If you need guidance, reach out to us today for expert assistance.

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Evan Karam

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