Selling an Inherited House in San Antonio (2026): Probate, Taxes and Timeline

By Chris Dudley, San Antonio REALTOR® and founder of Legacy Realty Group, brokered by Real Broker, LLC (TREC #731381). Updated October 2026.

If you've inherited a home in San Antonio, you usually can't sell it until someone has legal authority to sign the deed. In Texas that authority normally comes from probate or, in some cases, from recorded heirship documents. Once that's settled, an inherited home sells like any other. This guide explains the steps. It is general information, not legal or tax advice: talk with a Texas probate attorney and a tax professional about your situation.

Step 1: Figure out who can sign

Common Texas paths (TexasLawHelp.org):

Independent administration. If the will asks for it (or all beneficiaries agree and the judge allows it), the court appoints an independent executor who can usually sell the home with little court involvement. The executor files an inventory or affidavit in lieu of inventory within 90 days.
Dependent administration. Used when there's no valid will, the beneficiaries don't agree, or a beneficiary is under 18. The judge supervises, so a sale needs court approval and takes longer.
Muniment of title. If there's a will and real property mainly needs to be transferred, the judge can admit the will as a muniment of title. The will and order are recorded in the county deed records, and the heirs named in the will then sell.
Small estate affidavit. Only for estates under $75,000 (not counting the home), and it can only transfer a home to a surviving spouse or minor child.
Affidavit of heirship (no will). When there are no debts and only Texas real estate, Bexar County notes an affidavit signed by two disinterested witnesses can be recorded, and title companies often then let the heirs sell. (Bexar County)

Timing: a will generally must be filed for probate within four years of the date of death (Tex. Est. Code 256.003).

Where probate happens in San Antonio

Bexar County has two statutory probate courts at 100 Dolorosa, San Antonio, TX 78205: Probate Court No. 1 (Room 117) and Probate Court No. 2 (Room 123). Bexar County says only a licensed attorney may file an application to probate a will for someone else, and executors must hire counsel; the muniment of title and small estate affidavit are the forms it identifies for people without an attorney. (Bexar County)

Step 2: Protect the house while probate runs

Call the homeowner's insurance company: a vacant home may need a different policy.
Keep utilities on for showings and inspections, and keep the lawn and HVAC maintained.
Check property taxes with the Bexar Appraisal District and Bexar County Tax Assessor-Collector; exemptions in the deceased owner's name may change.
Keep making any mortgage payments and contact the servicer.

Step 3: Understand the taxes

Per the IRS, your basis in inherited property is generally its fair market value on the date of death (the "stepped-up" basis). If you sell for more than your basis, the gain is taxable; if you sell close to the date-of-death value, there may be little or no gain. A date-of-death appraisal or an agent's market analysis helps document that value. (IRS)

Step 4: Decide how to sell

List it as-is and price for the condition.
Make light repairs and clean-out first; this often widens the buyer pool.
Take a cash offer for speed, knowing it is usually below market value.

If several heirs share the home, agree in writing on price and who signs before you list.

Frequently asked questions

Can I sell an inherited house in Texas before probate is finished?

Usually you need someone with legal authority to sign first, such as an executor appointed by the court or heirs named through a muniment of title or a recorded affidavit of heirship. A probate attorney can tell you which path fits.

How long do I have to probate a will in Texas?

Generally four years from the date of death, with very limited exceptions (Tex. Est. Code 256.003).

Do I pay taxes when I sell an inherited house?

Only on the gain above your basis, which the IRS says is generally the home's fair market value on the date of death. Ask a tax professional about your case.

Where are the probate courts in San Antonio?

Bexar County Probate Courts No. 1 and No. 2 are at 100 Dolorosa, San Antonio, TX 78205.

Should I sell an inherited house as-is?

It depends on condition, timeline and how many heirs are involved. A local agent can show what similar homes sold for as-is versus updated.

Talk with a San Antonio listing agent

Chris Dudley, San Antonio REALTOR® with Legacy Realty Group, brokered by Real Broker, LLC, can prepare a market analysis for the estate, coordinate with your attorney and title company, and handle the sale from listing to closing. Call (210) 838-6099 (Mon-Sat, 9 AM-6 PM).