You cannot sign a deed to a San Antonio house unless you are the record owner or Texas law gives you authority to sign. If a parent who died is still on the deed, the tools are a muniment of title, a small-estate affidavit, a court determination of heirship, or an affidavit of heirship. This is not legal advice.
Not legal advice. Texas title and probate rules depend on the will, the debts, the other heirs, and the county. Talk to a Texas probate or real estate attorney before you sign a deed, an affidavit, or a contract. Home Pros buys houses. We do not represent you as your lawyer.
Can you sell a Texas house that is not in your name?
Only if you have authority to convey it. The Bexar County deed records show the last person who took title. If that name is not yours, a warranty deed you sign does not, by itself, put the buyer in the chain of title. Title companies insure what the records and the curative documents support. They do not insure a family understanding that "everyone knows it was supposed to be mine."
The reason the name is missing decides the tool. A living co-owner, including a sibling or an ex who never signed a deed, still owns the share the deed gave them. They sign a deed, or a court orders the transfer. A spouse who is not on a homestead deed may still have to join under Texas Family Code Section 5.001, which says neither spouse may sell or encumber the homestead without the other spouse, whether the home is separate or community property. The statute is in the Texas Family Code. A parent who has died is a different problem, covered below, because the law then looks at the will or the heirs, not at a signature the decedent can no longer give.
San Antonio houses in this spot are usually in Bexar County deed records. The same Estates Code applies in other Texas counties. Our Texas seller page and San Antonio page are where a cash offer starts once someone with authority can sign. If you are also on a military clock, read selling around PCS orders. Orders do not replace a deed.
What if a deceased parent is still on the deed?
The house is still in the estate until a Texas procedure moves title to the heirs or the will beneficiaries. Paying the taxes, living in the house, or being the only child does not change the name on the deed. Buyers and title companies need a recorded path from the parent to the person signing the new deed.
Which path fits depends on three facts an attorney will ask first. Did the parent leave a will? Are there unpaid debts other than a mortgage on the house? Is the house the only real estate, and are the other estate assets small enough for Chapter 205? If there is a will and the court finds no need for administration, a muniment of title is often the shorter probate. If there is no will, the heirs use a small-estate affidavit when it fits, or a court determination of heirship when it does not. An affidavit of heirship can sit in the deed records as evidence either way. It is not a substitute for those court papers when the title company requires them.
We already have a shorter note on the San Antonio inherited sale at sell an inherited house in San Antonio without probate delays. The service pages are sell an inherited house and sell a probate house. This guide is the title-curative detail those pages point at. Houston and Dallas families hit the same Estates Code. The county of the records is what changes.
When does a Texas small-estate affidavit work?
Estates Code Section 205.001 lets the distributees of someone who died without a will take the estate without a personal representative when all of these are true. Thirty days have passed since the death. No petition for a personal representative is pending or has been granted. The value of the estate assets, excluding homestead and exempt property, does not exceed $75,000. The heirs file an affidavit that meets Section 205.002 with the clerk of the court that has jurisdiction and venue. A judge approves it under Section 205.003. The distributees then comply with Section 205.004. The statute is Estates Code Chapter 205. The $75,000 cap is the figure in the current statute, amended in 2017.
Real estate is the part people miss. Section 205.006 says title to the homestead may be transferred under the affidavit only if the homestead is the only real property in the estate. The affidavit used for that transfer must be recorded in the deed records of a county where the homestead is located. A Bexar County house plus a vacant lot, or a house that was never the decedent's homestead, does not fit that sentence. A bona fide purchaser who takes without notice of an heir left off the recorded affidavit can take free of that heir's interest, and still takes subject to creditor claims the law preserves. If another affidavit or a judgment in the chain of title names the missing heir, the buyer has constructive notice.
A judge has to approve the affidavit. Recording a form you downloaded, with no court approval, is not a Chapter 205 transfer. Heirs who disagree, a missing heir, or debts larger than the non-exempt assets are reasons the affidavit gets refused. That refusal is a reason to open a heirship proceeding, not a reason to sign a deed anyway.
What does an affidavit of heirship actually do?
Chapter 203 is titled nonjudicial evidence of heirship. Section 203.001 says a court shall accept a statement of family history, genealogy, marital status, or the identity of heirs as prima facie evidence in an heirship proceeding or a suit over title, if two things are true. The statement is in a proper affidavit or a court judgment. And the affidavit has been of record for five years or more in the deed records of the county where the property is located, or of the county where the decedent lived at death. Anyone can still prove that a statement in the affidavit is wrong. The section does not affect the rights of an omitted heir or a creditor. The text is Estates Code Chapter 203.
Read that timing literally. Five years of being on record is what makes the affidavit prima facie evidence in a lawsuit. It is not a rule that you own the house the day you record the form, and it is not a rule that a title company must insure a sale in week one. Some title companies will insure earlier with the affidavit, extra affidavits from disinterested witnesses, and indemnity. Some will not, and will ask for a judgment. Home Pros does not control that underwriting decision. We can review the file and make an offer while a lawyer prepares the curative documents. We close when the title company will insure.
Section 203.002 gives a statutory form. Use it only with a Texas attorney who has seen the deed and the family tree. A wrong affidavit that leaves out a child, a spouse, or a parent creates the omitted-heir problem the statute says it does not erase. Two disinterested witnesses are the usual practice for the family history. "Disinterested" means they do not inherit.
When is a muniment of title the probate path?
If the parent left a valid will, the court may admit it to probate as a muniment of title. Section 257.001 says the court may do that when it is satisfied the will should be probated and either the estate owes no unpaid debt other than debt secured by a lien on real estate, or the court finds for another reason that there is no need for administration. A mortgage on the San Antonio house does not, by that sentence, block a muniment. Credit-card debt or a Medicaid estate-recovery claim might. The lawyer and the court make that call. The statute is Estates Code Chapter 257.
Once the order is signed, Section 257.102 says a person entitled to property under the will may deal with it as if record title were in that person's name. That is the sentence title companies rely on when the will beneficiary signs the deed to us or to a retail buyer. Section 257.103 generally requires the applicant to file a sworn affidavit within 180 days stating which terms of the will have been fulfilled, unless the court waives the affidavit or extends the time. Failure to file that affidavit does not, under the statute, undo title that passed under the will. Ask the attorney whether this court wants the affidavit anyway before you schedule a closing.
A muniment is still a court filing. It is not "selling without probate" in the sense of skipping the courthouse. It is probate without a full dependent administration. Our San Antonio inherited note uses the phrase "without probate delays" for families who want the shorter path. The statute, not a marketing line, decides whether you qualify.
When do you need a court determination of heirship?
You need a judgment when there is no will, or the will does not dispose of the house, and a small-estate affidavit does not fit. Estates Code Chapter 202 is the proceeding to declare heirship. Section 202.151 says testimony about the heirs and family history must generally come from two disinterested, credible witnesses in open court. If the court is satisfied that a diligent search found only one such witness, that one witness can testify. A recorded affidavit that meets Section 203.001 can also be part of the evidence. The chapter is Estates Code Chapter 202.
The judgment names the heirs and their shares. After it is signed and recorded, those heirs can deed their shares. If three siblings each take a third, all three sign, or the ones who will not sign have to be handled by a later deed or a court order. One sibling cannot sell the whole house because they have the key. For a Bexar County decedent, the filing is in the probate court with venue under the Estates Code. Bring the death certificate, the deed, and a list of every child, spouse, and parent, including people the family does not get along with. Leaving someone off is how these files get reopened.
A living owner's name is not fixed by Chapter 202. Heirship is for a decedent. If the deed is in a sibling's name and that sibling is alive, you need their deed. If the house went through a divorce and the decree awarded it but nobody recorded a deed, the title company will ask for the decree and usually a deed that matches it. That is curative title work. It is ordinary. It is also specific enough that a blog should not tell you which document wins in your file.
Can a cash buyer close while title is still being cured?
We can offer before the curative work is finished. We cannot close a sale the title company will not insure. Home Pros (Balint Holdings, LLC) buys houses as-is, charges $0 seller fees, covers standard closing costs, and typically closes in about 7 to 30 days after acceptance when title is clear. A clouded deed can take longer than that range because the court, not the buyer, sets the hearing. Tell us the title problem on the form. An offer that pretends the deed is clean helps no one.
The offer formula is on how we calculate your offer. Title risk can pause an offer until the attorney says which procedure applies. Net proceeds, including any probate costs you pay, belong on the same sheet as commission and repairs. Use the cash versus listing calculator for the sale costs, and read what it costs to sell in San Antonio for the Texas lines that are not a transfer tax. Attorney fees and filing fees for a muniment or heirship are extra. Get those from the lawyer, not from us.
You can ask for the offer at the form or at (830) 510-1597. Related reading: we buy houses, sell my house fast, and how to verify a cash buyer before you sign with anyone, including Home Pros. We are veteran-owned, BBB accredited, and rated 4.9 on Google from 98 reviews.
| Situation | Texas tool | What it does not do |
|---|---|---|
| Living person is on the deed | That person signs a deed, or a court orders the transfer | An heirship affidavit does not remove a living owner |
| Will, and no need for full administration | Muniment of title, Estates Code Chapter 257 | It is still a court probate. Unpaid unsecured debts can block it |
| No will, homestead is the only real estate, other assets at or under $75,000 excluding homestead and exempt property | Small-estate affidavit, Chapter 205, judge approval, then record it | It does not fit if there is another piece of real estate or a will |
| No will, and Chapter 205 does not fit | Determination of heirship, Chapter 202, generally two disinterested witnesses | One heir's signature does not sell the other heirs' shares |
| Family history needs to be in the deed records | Affidavit of heirship, Chapter 203 | Prima facie effect in a title suit waits five years, and omitted heirs and creditors keep their rights |
Frequently asked questions
Can I sell a San Antonio house if my name is not on the deed?
Not by signing a deed in your own name alone. You need to be the record owner, or you need authority from a Texas statute or a court order, such as a muniment of title, an approved small-estate affidavit, or a judgment declaring heirship. A family agreement that is not in the deed records is not that authority. This is not legal advice. Ask a Texas attorney which path fits the deed you have.
My parent died and the house is still in their name. What are the options?
If there is a will and the court finds no need for administration, a muniment of title under Estates Code Chapter 257 lets the beneficiary deal with the house. If there is no will, a Chapter 205 small-estate affidavit can transfer a homestead that is the only real property when other non-exempt assets do not exceed $75,000, after a judge approves it. Larger intestate estates use a Chapter 202 heirship judgment. An affidavit of heirship is evidence, not a deed.
Does an affidavit of heirship clear title the day I record it?
No. Estates Code Section 203.001 makes a proper affidavit prima facie evidence in an heirship case or a title suit after it has been of record for five years. It does not cut off an omitted heir or a creditor. A title company may still require a court order before it insures a buyer. Recording the statutory form is a step a lawyer may recommend. It is not, by itself, a completed sale.
What is the $75,000 limit on a Texas small estate?
Section 205.001 says the estate assets, excluding homestead and exempt property, must not exceed $75,000. The homestead can be worth more and still sit outside that cap. Section 205.006 lets the affidavit transfer the homestead only when it is the only real property, and only after the affidavit is recorded in the deed records. The decedent died without a will, 30 days have passed, and a judge must approve it.
Can one sibling sell the house if the others will not sign?
A sibling can sell only the share the will or the heirship judgment gives them, and a buyer may not want a fraction. Selling the whole house takes every owner's deed, or a court process that deals with the holdout. Do not sign a contract promising the entire house until the attorney confirms you control every share. A cash buyer can still look at a partial interest, but the title company has to insure what you actually own.
Will Home Pros buy a house with a title problem?
We will review it and can make an offer while the curative work is pending. Closing happens when title is insurable. We buy as-is, charge $0 seller fees, and cover standard closing costs. A clear file often closes in about 7 to 30 days. A file that still needs a hearing closes on the court's schedule, not on a 7-day slogan. Put the title facts in the form so the offer matches them.
Is this legal advice?
No. This page explains public Texas statutes for sellers who are trying to understand the vocabulary. It is not a legal opinion on your deed, your family, or your debts. Hire a Texas attorney to choose the procedure, prepare the affidavit or the application, and tell you who must sign. Home Pros is a buyer, not your lawyer.
Where are the related Home Pros pages?
Read the San Antonio inherited-house note, sell an inherited house, and sell a probate house. For the dollars, use San Antonio selling costs and the net proceeds calculator. The offer form is at the bottom of this page and at the homepage form.
Sources
These are the Texas statutes cited above. Read the current text, and have a Texas attorney apply it to your deed.
- Texas Estates Code Chapter 202, determination of heirship
- Texas Estates Code Chapter 203, affidavit of heirship as evidence
- Texas Estates Code Chapter 205, small-estate affidavit and the $75,000 cap
- Texas Estates Code Chapter 257, muniment of title
- Texas Family Code Section 5.001, both spouses must join a homestead sale
Not legal advice. Statutes change, and your deed, will, debts, and family tree control the outcome. Confirm every step with a Texas attorney and with the title company that will insure the sale before you sign anything.