B. Moss

Quick Guide: Selling Your Inherited Land in Texas Without Any Hassle

February 25, 2025

Inheriting land in Texas can be a bittersweet experience. While you may feel fortunate to receive such a valuable asset, the process of selling inherited land can often be complex and overwhelming, especially if you’re unfamiliar with the legal procedures involved. However, with the right guidance and preparation, you can navigate this process smoothly and sell your inherited land without hassle.

Land In Texas

Understanding the Legal Requirements

Before you sell your inherited land, you must first establish your legal ownership. In Texas, the transfer of property ownership upon someone’s death is governed by the state’s probate laws. If the deceased left a valid will, the property will be distributed according to the instructions outlined in the will. If there is no will, the property will be distributed according to Texas’ intestate succession laws.

It’s essential to have the appropriate legal documents in order, such as a deed, which officially transfers ownership to you. If the deceased owned the property outright, you may only need to file an Affidavit of Heirship and have it recorded in the county where the land is located. However, if the property was part of a probated estate, you’ll need to obtain a Muniment of Title or a Decree of Transfer from the probate court.

Dealing with Multiple Heirs

In many cases, inherited land is jointly owned by multiple heirs. This can complicate the selling process, as all parties involved must agree on the sale and the terms. It’s crucial to establish clear communication and cooperation among the co-owners from the outset.

If one or more heirs are unwilling to sell, you may need to explore legal options, such as a partition action, which can force the sale of the property and divide the proceeds among the owners. Alternatively, you could consider buying out the other heirs’ shares, allowing you to become the sole owner and proceed with the sale as you see fit.

Determining the Value of Your Selling Inherited Land

Before listing your inherited land for sale, it’s essential to have a clear understanding of its value. This will not only help you set an appropriate asking price but also ensure that you receive a fair deal.

You can hire a professional appraiser who specializes in land valuation to provide an accurate assessment of your property’s worth. They will consider factors such as location, zoning laws, potential development opportunities, and comparable sales in the area.

Alternatively, you can research recent sales of similar properties in the vicinity to get a general idea of the current market value. However, keep in mind that factors such as access to utilities, topography, and environmental considerations can significantly impact the value of your land.

Preparing the Land for Sale

Once you have a clear understanding of the legal requirements and the property’s value, it’s time to prepare the land for sale. This may involve addressing any outstanding issues or encumbrances that could potentially hinder the sale process.

If there are any outstanding liens, mortgages, or taxes on the property, you’ll need to settle these before proceeding with the sale. Additionally, you may need to obtain surveys, title insurance, or other documentation to ensure a smooth transaction.

If the land has any structures or improvements, such as fences, barns, or wells, you’ll need to determine whether these will be included in the sale or removed beforehand. Consulting with a real estate attorney or a knowledgeable real estate professional can help you navigate these issues and ensure compliance with all applicable laws and regulations.

Marketing Your Inherited Land

With the legal and preparatory work complete, you’re now ready to market your inherited land for sale. There are several options available, each with its advantages and disadvantages.

1. Work With a Land Buying Company: When you work with a land buying company you will be sure to get your property sold quickly. Typically in 30 days or less. They also typically specialize in handling such inherited properties. However, it should be understood that you won’t get top dollar for your property compared to if you list on the open market for 4-12 months.

2. Work with a Real Estate Agent: Hiring a licensed real estate agent who specializes in land sales can be highly beneficial, especially if you’re unfamiliar with the local market. They can help you price the property accurately, market it effectively, and navigate the complexities of the sale process. However, you’ll need to factor in their commission fees which can range from 5% to 20% of the sale price, closing costs which are typically 2%, and time on market which can be a couple of months to a couple of years.

3. For Sale by Owner (FSBO): If you prefer to avoid paying real estate commissions, you can choose to sell the property yourself. This approach can save you money, but it also requires more time and effort on your part. You’ll need to handle all aspects of the marketing, showings, negotiations, and paperwork yourself.

4. Land Auctions: Selling inherited land at a public auction can be a quick and efficient way to find a buyer. However, you’ll need to factor in the auctioneer’s fees, which can be substantial, and you may not receive the full market value for your property.

5. Online Listings: Listing your property on popular real estate websites or land-specific platforms can be an effective way to reach a broad audience of potential buyers. However, you’ll need to ensure that your listing stands out with high-quality photos, detailed descriptions, and accurate pricing.

No matter which marketing approach you choose, it’s essential to be patient and prepared for the process to take some time. Land sales can often move slower than residential property transactions, and finding the right buyer may require perseverance.

Negotiating and Closing the Sale

Once you’ve received an offer on your inherited land, it’s time to negotiate the terms of the sale. This may involve back-and-forth discussions regarding the purchase price, closing date, contingencies, and any special provisions or considerations.

It’s advisable to have an experienced real estate attorney review the sales contract and ensure that your interests are protected. They can also guide you through the closing process, which involves transferring ownership, paying any outstanding fees or taxes, and finalizing the necessary documentation.

During the closing process, you’ll need to provide the buyer with various documents, such as the deed, title insurance policy, and any required disclosures or surveys. It’s essential to be transparent and provide accurate information to avoid any potential legal issues or disputes down the line.

Conclusion

Selling inherited land in Texas can be a complex and daunting task, but with proper planning and guidance, you can navigate the process smoothly and avoid unnecessary hassles. By understanding the legal requirements, determining the property’s value, preparing the land for sale, and effectively marketing it, you can increase your chances of a successful and profitable transaction.

Table of Contents

Selling Concerns

What is the process for selling my land?

Our process is simple and easy. Just fill out our online form or give us a call. We will then schedule a time to view your property and make you an offer.

How much can I sell my land for?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer.

How long does it take to sell my land to you?

The value of your land will depend on a number of factors such as its size, location, and condition. We will take careful consideration taking into account the market, location and features to provide a fair offer. We can typically close on a deal within 30 days of receiving your signed contract.

Legal Concerns

What if one of the owners are deceased?

No worries. We are in the business of solving problems. We have worked with this issue on several occasions. Give us a call and we will work closely with you to fill in the appropriate documents to legally sell.

What if I owe a LOT of back taxes or have a lien on my property?

Not an issue. There is still value in your land. We will make you an offer and you will still leave the closing table with funds in your pocket. 

What if I don't have a copy of the deed?

This is not a concern. A deed is a legally recorded document. As long as the property was properly purchased, we can acquire a copy of the deed in the county records.

Closing Concerns

What is a title search and why is it important?

A title search is a process of investigating the ownership history of a property to identify any potential title defects. A title search is important to ensure that the seller has a clear title to the property and can legally sell the land. 

How much will I have to come out of pocket?

You will only leave the closing table with payment for your property. You will not pay for a survey (if one is required) and you will not be responsible for closing costs, which typically is required in a standard sale. We have you covered.

Do I need to be physically present in the city of the property to sell my property?

No, you have the option for an in person closing or a remote closing. You can come in person to the title office to sign the deed and receive payment directly or you can handle the closing remotely in which you will travel to a certified notary to sign necessary documents.

Yes! I'm Ready to Sell My Land

⚠︎ DISCLAIMER:

The contents of this blog are for informational purposes only and should not be taken as legal or tax advice. You should consult a licensed professional for advise on your specific situation. The information in this blog may be changed without notice and is not guaranteed to be complete, correct, or up-to-date. This blog is not intended to be a substitute for professional advice

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