Selling A Home In Boerne After An Inheritance

Losing someone you love is hard enough without the pressure of figuring out what to do with their home. If you recently inherited a property in Boerne, you might be wondering who can sign, what steps come first, and how long this will take. You deserve a clear, calm plan that respects your timeline and protects the estate’s value. In this guide, you’ll learn how title passes in Texas, what paperwork buyers and title companies will expect, how to prepare the home for market, and what to watch for with taxes and timelines. Let’s dive in.

First, confirm how the property passed

Not every inherited home has to go through probate. Your path determines who signs the listing and sales contract, which disclosures apply, and how long a sale might take.

Was a Transfer-on-Death Deed recorded?

If the prior owner recorded a valid Texas Transfer-on-Death Deed, the named beneficiary becomes owner at death, and the property usually bypasses probate. That beneficiary can sell like any owner, subject to existing liens. See Texas Estates Code rules on beneficiary deeds to understand how a TOD deed works and its requirements in Texas in the state’s chapter on Transfer-on-Death deeds.

Was the home in a trust?

If a revocable trust owned the property, the trustee follows the trust document to transfer or sell. The trust may allow the trustee to sell without opening probate. Local counsel can confirm whether any court action is needed based on the trust terms.

Is the home part of a probate estate?

If the property is part of the probate estate, the personal representative will list and sell under the authority granted by the will and the court. Kendall County’s probate page explains where filings and hearings happen at the Boerne courthouse. You can review local contact details on the Kendall County Probate page.

If probate applies: who signs and what authority you need

Texas recognizes independent administration. If the will or court order grants a power of sale, an independent executor or administrator usually may sell without getting a separate order for each sale. See the Estates Code provisions on independent administration and purchaser protections in the Texas Estates Code chapter on independent administration.

If the estate is under court supervision and does not include a power of sale, the representative must apply to the court for an order to sell and later obtain confirmation. The sequence includes application, notice, sale process, report, and a confirmation order. Those court documents become part of the property’s title history. You can review the court-sale framework in Chapter 356 on sales of estate property.

Texas also offers a small estate affidavit procedure for certain intestate estates. One key rule is timing. The affidavit may be filed only after at least 30 days have passed since the date of death, and eligibility requirements must be met. Read the statute in the Small Estate Affidavit chapter.

When planning your sale, coordinate with the probate attorney around creditor notices. Under Texas rules, if an unsecured creditor receives a permissive notice and does not present a claim within 121 days, that claim can be barred. This 121-day window can affect when you feel confident closing and distributing proceeds. See the 121-day creditor presentation rule for details.

A practical step-by-step plan in Boerne

Use this workflow to keep your sale on track. Your attorney and your listing agent should coordinate at each step.

1. Gather documents. Collect the death certificate, original will or trust, recorded deeds, mortgage statements, HOA info, insurance, tax bills, and any mineral-rights paperwork.

2. Confirm the path. Ask a Texas probate attorney if you should use a small estate affidavit, probate the will and obtain Letters Testamentary or Letters of Administration, or proceed under a TOD deed or trust.

3. Start probate if needed. File in Kendall County and work with the clerk to schedule any required hearings. The county probate office in Boerne is your local hub for filings and scheduling.

4. Verify authority to sell. Confirm whether you have independent administration with a power of sale. If not, the representative will need to request a court order and follow the Chapter 356 sale process.

5. Establish value. Order an appraisal or broker price opinion. This helps set a listing price and supports tax reporting and beneficiary distributions.

6. Clear title issues. Identify mortgage payoffs, property taxes, HOA assessments, or mechanic’s liens early. Partner with a title company experienced in probate sales.

7. Secure and prepare the property. Maintain insurance and utilities, change or control access to keys, and decide whether basic repairs or an as-is sale makes sense. For Hill Country properties, check septic, well, groundwater district, or MUD and WCID details that can influence buyer interest.

8. Choose your listing strategy. If speed is the priority, consider an as-is cash sale to investors. If maximizing price is the goal, complete light updates, staging, and retail marketing to reach San Antonio commuters, Hill Country buyers, and local move-up buyers.

9. List, negotiate, and close. Keep your probate attorney, title company, and agent aligned on disclosure status, closing timelines, and authority documents for signatures.

Timeline: what to expect in Texas

Every estate is different, but here are conservative guideposts to set expectations.

• Small estate affidavit route. If eligible, this can be the fastest. The statute requires at least 30 days after death before you can file, then you wait for court review and approval. See the Small Estate Affidavit statute.
• Independent administration. With a power of sale and no disputes, many sales proceed on a normal listing timeline once letters are issued. You still need to manage creditor notices and practical steps.
• Dependent administration or confirmed sales. Court-ordered or court-confirmed sales take longer because of application, notice, reporting, and confirmation.

A simple path can take weeks to a few months. A typical probate sale runs 3 to 12 months or longer if there are objections or creditor issues. Always coordinate closing with your attorney around the 121-day creditor presentation rule.

Money matters for heirs

Understanding taxes and costs helps you plan net proceeds and distribution timing.

• Step-up in basis. In most cases, an inherited home receives a new tax basis equal to fair market value at the date of death. If you sell soon after, capital gains may be limited. Review the federal rule on basis under IRC 1014 in this plain-language explainer on the step-up in basis concept. Consult a CPA for your situation.
• Federal estate tax threshold. For 2026, the basic exclusion amount was set at 15,000,000, indexed for inflation going forward, with guidance in IRS Rev. Proc. 2025-32. Large estates should evaluate filing requirements with a tax professional. See the IRS guidance in Rev. Proc. 2025-32.
• No Texas inheritance tax. Texas does not impose a state inheritance or estate tax. If the estate includes property in another state, check that state’s rules. A helpful overview is available in this article on state inheritance and estate taxes.
• Property taxes and prorations. Confirm values and exemptions with the Kendall Appraisal District, and handle prorations at closing. Review exemptions or changes after the owner’s passing to avoid surprises by visiting the Kendall Appraisal District resources.

Marketing the home in today’s Boerne market

Estate sellers often have to balance speed and certainty against price. You can market as-is to reduce repairs and contingencies, or complete light updates and staging for a broader buyer pool.

• Know your buyer pool. In Boerne, typical interest comes from San Antonio commuters, Hill Country lifestyle buyers, retirees, and local investors. Your agent can quantify demand using the local MLS.
• Disclosures for estate sellers. Texas requires a Seller’s Disclosure Notice for most single-family resales, but there are statutory exemptions for fiduciaries acting in that role or for court-ordered sales. Even if exempt, you must be honest about known material facts. Review Texas Property Code §5.008 on the Seller’s Disclosure statute and exemptions.
• Court-confirmed sales. If your sale requires court confirmation, expect added timing steps that can reduce buyer urgency. When possible, many representatives pursue independent administration or obtain orders allowing a private sale to maintain momentum. See the court-sale framework in Chapter 356.

Avoid common pitfalls

• Listing before authority is clear. Title companies usually require proof of authority, such as letters or a recorded affidavit where applicable. Confirm with your attorney before going live.
• Missing creditor windows. Do not distribute proceeds too early. The 121-day creditor rule can affect timing and peace of mind.
• Overlooking homestead or spouse rights. These protections can affect whether and when a sale is permitted. Ask your attorney to review.
• Forgetting minerals. In Texas, minerals can be separate from surface rights and may affect value. Identify ownership before pricing.

Quick checklists

First two weeks

• Secure the property, mail, and utilities.
• Order certified death certificates.
• Locate the will, trust, and most recent recorded deed.
• Notify the mortgage servicer and insurers.
• Contact a Texas probate attorney and review Kendall County’s filing steps on the county probate page.

If you plan to sell

• Get a broker price opinion or appraisal.
• Gather HOA docs, utility history, and any permits or septic/well records.
• Identify known liens and plan payoffs.
• Confirm if a statutory disclosure exemption applies and document the basis with your attorney.
• Choose your strategy: as-is cash sale or retail listing with light updates and staging.

If time is critical

• Consider investor offers for faster, simpler closings.
• Compare net proceeds from cash offers versus a traditional listing.
• Keep your attorney, title company, and agent aligned to streamline closing.

Selling an inherited home is both a legal process and a life transition. You deserve patient guidance, clear timelines, and a steady hand on the details. If you are weighing an as-is sale versus preparing for the retail market, or you want help coordinating vendors and timelines in Kendall County, connect with a local team that handles estate and probate sales with care. For trusted, end-to-end support in Boerne, reach out to Joanie Rish for a free valuation and a personalized transition plan.

FAQs

Who can sign the listing and sales contract for an inherited Boerne home?

• The person or entity with legal authority signs, which depends on how title passed. That could be the TOD deed beneficiary, the trustee, or the probate personal representative with a power of sale or a court order.

Do estate sellers in Texas have to complete the Seller’s Disclosure Notice?

• Fiduciaries acting in that role or court-ordered sales may be exempt under Texas Property Code §5.008, but you must still disclose known material facts honestly.

How long does it take to sell if probate is required in Kendall County?

• Simple paths can take weeks to a few months. A typical probate sale runs 3 to 12 months or longer, especially if the court must confirm the sale or if there are creditor or beneficiary issues.

What tax issues should heirs expect when selling?

• Most inherited homes get a step-up in basis to fair market value at death. Texas has no state inheritance tax, and the 2026 federal estate tax exclusion is 15,000,000 subject to inflation adjustments. Consult a CPA for your return.

Can we close before the creditor period ends?

• Work closely with your attorney. Texas law allows a permissive notice to unsecured creditors, and claims not presented within 121 days can be barred. Coordinate closing and distributions around that window.

Can I sell an inherited home as-is in Boerne?

• Yes. Many estate sellers market as-is to limit repairs. Your agent can compare net proceeds for an investor sale versus light updates and retail listing so you can choose based on timing and value.