How to Sell a House in Texas With an Affidavit of Heirship

🏠Want to Sell an Inherited House Without Probate? An Affidavit of Heirship May Help

If you’ve inherited a home in Texas, you may be wondering: do I have to go through probate to sell it?

The answer is: not always.

If your loved one passed away without a will — or if probate was not started — in many cases, an affidavit of heirship can help you legally transfer the property — and sell it — without going through a lengthy probate process.

We’re Love Investors, and we’ve helped many Texas heirs use affidavits of heirship to quickly sell inherited homes — even if the property wasn’t part of a formal estate plan.

In this guide, you’ll learn:

🔑What an affidavit of heirship is
🔑When you can use one to sell a house
🔑How the process works in Texas
🔑How Love Investors can help you sell as-is — fast and simple

👉 Click here to see how we help Texans sell inherited property — with or without probate.

What Is an Affidavit of Heirship?

An affidavit of heirship is a legal document used in Texas to declare who the rightful heirs of a deceased person’s property are.

It allows you to transfer real estate into the names of the heirs — without opening probate — when certain conditions are met.

The affidavit is typically signed by:

Two disinterested witnesses (people who knew the deceased, can verify the family tree, are not heirs and will not benefit from the estate)
One or more heirs

Once recorded with the county clerk, the affidavit can serve as proof of ownership — allowing the property to be sold or refinanced.

🔑When Can You Use an Affidavit of Heirship in Texas?

You MAY be able to use an affidavit of heirship to sell an inherited property if:

✅The estate qualifies as a “small estate”
✅The property is the primary remaining asset
✅The will was not probated within 4 years of death
✅The deceased person did not have a will (intestate)
✅ The heirs agree on the distribution of the property
✅There are no debts or claims against the estate that require probate

⚠️ Important: If there are disputes among heirs, unresolved debts, or other complex issues, probate may still be required.

But in many simple cases — especially when only a house is involved — an affidavit of heirship can help you avoid the probate process and sell the property more quickly.

How the Process Works: Using an Affidavit of Heirship to Sell an Inherited House

Here’s how the process typically works:

The heirs (with or without an attorney) complete an affidavit of heirship form
Two disinterested witnesses sign the affidavit
The affidavit is notarized and recorded with the county clerk where the property is located
The county records the affidavit, updating the public record
The heirs can now transfer title or sell the property

⚠️ Note: Some title companies may require a “seasoning” period (30–90 days after filing the affidavit) before they will insure a sale — but at Love Investors, we can often help work around this delay by coordinating with experienced title partners.

Benefits of Using an Affidavit of Heirship

For many Texas families, using an affidavit of heirship offers major benefits:

Faster than probate — can often be completed in a few weeks
Less expensive than going through probate court
Allows you to sell the property “as-is” — no repairs or prep needed
Avoids court fees and legal delays
Helps settle the estate and distribute proceeds faster

At Love Investors, we frequently help heirs use this process — and we can even connect you with trusted local resources to prepare the affidavit properly.

✨Why Texas Families Trust Love Investors

We know that handling an inherited property can be emotionally and financially stressful.

That’s why we work with Texas heirs to:

💜Provide fair offers and flexible timelines
💜We buy even if there are complex family situations
💜Help heirs sell quickly using an Affidavit of Heirship
💜Buy properties even if probate hasn’t been completed
💜We move fast — often closing in 7–14 days after title clear
💜Buy inherited homes as-is — no clean-out, clean up, or repairs required
💜We provide compassionate support — we know this process can be emotional
💜Coordinate with title companies and attorneys to make the Affidavit of Heirship process smooth

We’ve helped many Texas families turn inherited homes into cash — and move forward with peace of mind.

Ready to Explore Your Options?

If you’re considering selling an inherited house and want to explore whether an affidavit of heirship will work in your situation, we’re here to help.

We can:

Explain your options in plain language
Connect you with trusted affidavit resources
Make you a fair cash offer — with no pressure or obligation

👉 Click here to get started with Love Investors today.
Or call/text us directly at 817-751-7476 — we’re happy to help.