Do All Heirs Have to Agree to Sell a Property?

Do all heirs have to agree to sell a property? No, but it helps to at least have a majority on your side. If you want to sell but don’t have full consensus or a Will, you can file a lawsuit in probate court.

When a family member or loved one dies, dividing assets is an emotional, draining process. When a property comes into play, some family members may prefer to hold onto the property for its emotional significance. That’s entirely understandable, but it complicates things when others want to sell it and divide those assets. 

So, do all heirs have to agree to sell a property? What happens when the beneficiaries struggle to reach an agreement? Or, what if the executor of the Will has a good reason to sell it? 

Ultimately, it depends on whether the executor transfers ownership to the beneficiaries or the property is in probate. Below, we take a look at this situation and try to break it down. 

Pulling Off the Bandaid to Sell

For some of the heirs, it may make more sense to pull the bandaid off quickly, sell the property, divide the assets, and move on. If that situation makes sense to everyone, a property buyer can move that process along quickly without it dragging on for months. 

Inherited Estates in Texas

Upon death, the title to property owned by the deceased passes to the heirs immediately. However, there is necessary administration to document this transfer of the title. 

In Texas, there are two situations in which state law mandates how the estate passes. The law is “Intestate Succession,” which comes into play when a Will isn’t probated. This is because the Will has no power until someone submits it to probate. 

Secondly, Intestate Succession occurs when someone passes without a Will. Unfortunately, numerous people in Texas do not have a Will, which can cause issues among heirs.

Does Every Heir Have to Agree to the Sale?

No, all heirs do not have to agree to sell a property. In fact, whether or not they have to agree depends on two factors: 

• Who owns the property 
• Whether the property is in probate

A House in Probate

First, what is probate? It’s a legal process that transfers the ownership of a property through court. In certain cases, courts facilitate this transfer. 

However, most Wills go through probate even if the deceased names a beneficiary. When someone doesn’t name an heir, the probate court has the power to determine who inherits the property. 

Then, the court appoints an executor, who is in charge of administering the estate. This person either transfers ownership or sells the house outright. Typically, that decision depends on the level of debt the deceased had. 

When there’s a higher level of debt than the value of other assets, selling the property may be the only choice regardless of what the heirs think. If you are a beneficiary, the executor will send a notice about the sale. However, federal law does not require that all heirs agree to sell the property. 

Ultimately, they have the power to sell the house even when someone objects. But, best practice is for the executor to discuss the decision with the heirs first. Approval from the beneficiaries helps them avoid complex legal battles. 

Home Without Probate

Homes without probate can transfer to heirs without the court involved. Once they complete the transfers, the heirs are the legal owners of the home. If you are the sole heir, you have control over whether you sell the house. 

However, if there are multiple heirs to the property, you need the input of the other heirs in order to sell the house. Still, a motivated individual without consensus can force a sale. Legally, the heirs do not have to agree. 

It just makes the process more complex and often requires an attorney. 

When Someone Dies, What Happens to Real Estate?

What happens to real estate when someone dies? A deceased person’s name cannot stay on the title of a house. Ownership has to transfer to another person. 

Who that person is and how it transfers, that’s not so easy to answer. Here are a few different situations to consider. 

• They had a Will, so the house passes to the heir or heirs named in the document. 
• If there isn’t a Will, the court distributes the property according to the intestate succession laws mentioned above. 
• If there’s a beneficiary deed or trust, it transfers to the person named in that document. 

Inheriting a home involves a lot of emotion, and it can be a difficult process. When there are multiple heirs, it’s not always easy to reach a consensus on what to do with the property. 

Final Thoughts

So, do all heirs have to agree to sell a property? Not necessarily, but it makes the process much easier.

The process of selling inherited property in Texas doesn’t have to a complex. For an heir to sell an inherited house, it’s possible to reach an agreement without legal action. Talking to the other heirs during the probate process or after execution of the Will can help.

When you want to learn more about the value of the property, you don’t need to wait for a real estate agent to find a buyer. Often, a property buyer in your area, like Third Coast Home Buyers, can help you sell quickly and painlessly.