Inheriting a home in Boerne means two jobs at once: grieving a loved one and managing a major asset. Texas law, the county court, and the IRS each play a role, and the order of the steps decides how smoothly the sale goes. A sale without proper legal authority stalls at the title company. A family that skips the date-of-death appraisal risks paying more tax than the law requires. This guide walks you through selling an inherited home in Boerne and Fair Oaks Ranch in the right order: who has authority to sign, how probate works in Kendall County, what the tax picture looks like, and how to price and list the home for the strongest result.
Step 1: Confirm Who Has Legal Authority to Sell
A title company closes a sale only when the person signing the deed holds legal authority. In Texas, that authority comes from one of three places.
If There Is a Will and the Estate Has Debts or Other Assets
The court appoints an executor and issues Letters Testamentary. An independent executor with Letters Testamentary can sell estate real property without further court orders.
If There Is a Will and the Estate Owes Nothing Beyond the Home Loan
Texas Estates Code Section 257.001 allows a court to admit a will as a muniment of title when the estate owes no unpaid debt other than debt secured by a lien on real estate, or when administration is otherwise unnecessary. The order transfers the home to the beneficiaries named in the will, and those beneficiaries then sell as owners. Confirm the title company’s requirements first, because some title companies ask for Letters Testamentary instead.
If There Is No Will
The court identifies the legal heirs under Texas law before the home can sell. Your attorney guides that process and tells you which paperwork the title company will accept.
Can I sell an inherited house in Texas before probate is finished?
No. A sale cannot close until someone with legal authority signs the deed, such as an executor with Letters Testamentary, beneficiaries under a muniment of title order, or heirs the court has identified. You can prepare the home and choose a listing agent while probate moves forward.
Step 2: Start Probate in Kendall County
Probate in Kendall County runs through the Kendall County Clerk’s office in downtown Boerne, and your Texas probate attorney files the application there. Bring the original will, the death certificate, and the mortgage and lien details for the home. Start early, because every later step depends on this one.
How long do you have to probate a will in Texas?
Texas sets a four-year deadline from the date of death to probate a will. A muniment of title can still be accepted after four years when the applicant shows a valid excuse and serves the other heirs or obtains their waivers. File as early as possible, because delay complicates title.
Step 3: Secure, Insure, and Document the Home
An empty home carries risk. Call the insurance carrier, report that the owner has died and the home sits vacant, and ask what coverage applies. Keep utilities on, keep mortgage payments current, and check the property weekly. Photograph every room and list the contents before anyone removes items, so the estate has a clear record.
Step 4: Understand the Taxes on an Inherited Home
Texas Has No Inheritance Tax
Texas charges no state inheritance tax, no state estate tax, and no state income tax. For a person who dies in 2026, the federal estate tax applies only to estates worth more than $15,000,000. Large lifetime gifts count toward that amount. When an estate files a federal estate tax return, the executor gives each beneficiary a Schedule A that reports the value to use as basis.
Is there an inheritance tax in Texas?
No. Texas has no state inheritance tax and no state estate tax. The federal estate tax applies only to estates above $15,000,000 for a 2026 death, and beneficiaries do not owe income tax on the inheritance itself.
Stepped-Up Basis Shrinks the Capital Gains Bill
The IRS sets your basis in an inherited home at its fair market value on the date of death, not at the price the original owner paid. You owe capital gains tax only on the gain between that basis and your net sale price. A home that sells close to its date-of-death value produces little or no taxable gain, and the IRS treats the sale as long-term no matter how long you held the home.
Texas is a community property state. When a spouse dies, the full value of the community property home becomes the new basis, including the surviving spouse’s half, as long as at least half the value is includible in the decedent’s gross estate.
Order a date-of-death appraisal from a licensed Texas appraiser. That document protects your basis if the IRS asks, and it costs far less than a disputed tax bill. Share the appraisal with your CPA before you list.
Step 5: Prepare, Price, and List the Home
Luxury estates in Fair Oaks Ranch, Cordillera Ranch, and Esperanza carry details that need early attention: acreage surveys, wells, septic systems, outbuildings, and custom features. Gather those records while probate proceeds so the listing launches with answers instead of questions.
With more than 20 years in Hill Country real estate, we price inherited homes from current local sales, not from emotion or a decades-old purchase price. Every co-owner signs the deed, so agree in writing before listing on who decides price, counteroffers, and the closing date. Hold the estate sale of contents before photography, and remove family items so the home shows clean and open.
Do I need to make repairs before selling an inherited home?
No. Executors and heirs can sell an inherited home as-is. Compare the net proceeds of an as-is sale against a refreshed listing after you account for repair costs and time, then choose the path that nets more.
What Sellers Must Disclose on an Inherited Home
Texas Property Code Section 5.008 exempts a fiduciary who administers an estate, so an executor or administrator does not complete the seller’s disclosure notice. Heirs and beneficiaries who sell in their own names, such as after a muniment of title, do complete the notice. Share every known issue with your agent and attorney early, because an inspection will find the rest.
Does an executor have to complete a seller’s disclosure in Texas?
No. A fiduciary administering a decedent’s estate is exempt from the seller’s disclosure requirement under the Texas Property Code. Heirs and beneficiaries who sell in their own names complete the notice.
Selling an Inherited Home in Boerne: The Steps in Order
- Locate the will and death certificates, and hire a Texas probate attorney.
- Establish authority through Letters Testamentary, a muniment of title order, or a court determination of heirs.
- Secure the home, notify the insurer, and keep utilities and mortgage payments current.
- Order a date-of-death appraisal and meet with a CPA about basis and any estate tax filing.
- Clear the home, hold the estate sale of contents, and gather survey, well, and septic records.
- Price the home from a local market analysis and list it.
- Review offers with your attorney and close with the title company.
- Distribute the proceeds under the will or the court’s order, and keep every record for the final tax returns.
Frequently Asked Questions
Do I pay capital gains tax on an inherited house in Texas?
You pay federal capital gains tax only on the gain above the home’s value on the date of the owner’s death. A home that sells near that value produces little or no gain. Texas has no state income tax, so no state capital gains tax applies.
How long does it take to sell an inherited home in Boerne?
The timeline depends on the probate path. An uncontested will probated as a muniment of title can finish in about four to six weeks, while an independent administration takes longer because the court appoints and qualifies an executor first. Once authority is in place, the home lists, goes under contract, and closes like any other sale.
Do all heirs have to agree to sell an inherited house in Texas?
Yes. Heirs who inherit together hold undivided interests, and the title company needs a signature from every owner. When heirs disagree, any co-owner can ask a court to order a partition, which can force a sale.
What documents does a title company need to close on an inherited home?
The title company requires proof of authority and the death certificate. That proof is Letters Testamentary for an executor sale, a recorded muniment of title order when beneficiaries sell, or a court-recognized determination of heirs when no will exists. Your attorney provides these documents before closing.
An inherited home sells best when the paperwork, the tax record, and the pricing plan are settled before the first showing. Your probate attorney and CPA confirm the legal and tax details for your estate, and we handle everything from pricing to closing. If you are ready to sell an inherited home in Boerne or Fair Oaks Ranch, contact Alexis Weigand Real Estate. Call 210.987.8801.
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