B. Moss

Sell Inherited Land In Texas

February 24, 2025

Selling land in Texas can be of great benefit but also can be a challenge. While it offers potential financial benefits, it also comes with responsibilities and decisions to make. If you’ve recently inherited land in the Lone Star State and are considering selling, this guide will walk you through the process, considerations, and steps to take.

 

Understanding Your Inherited Land

Before deciding to sell, it’s crucial to understand what you’ve inherited:

Property Details: Gather all available information about the land, including its size, location, and any structures or natural resources on it.

Legal Status: Ensure the property has been properly transferred to you through the probate process.

Tax Implications: Consult with a tax professional to understand any potential capital gains taxes or other tax consequences of selling inherited land.

Current Use: Determine if the land is being used for agricultural purposes, leased, or if it has any ongoing contracts associated with it.

Zoning and Restrictions: Check local zoning laws and any deed restrictions that might affect the land’s use or value.

 

Reasons to Sell Inherited Land

There are various reasons why you might choose to sell inherited land in Texas:

Financial Needs: You may need the money for other purposes, such as paying off debts or funding education.

Distance: If you live far from the property, managing it might be impractical.

Maintenance Costs: Keeping the land might involve ongoing expenses you’re not prepared to handle.

Multiple Heirs: If the land was inherited by multiple people, selling might be the easiest way to divide the asset.

Investment Opportunity: The current real estate market might make it an ideal time to sell and invest the proceeds elsewhere.

No Personal Use: If you don’t have plans to use the land yourself, selling could be the most practical option.

 

Steps to Sell Inherited Land in Texas

Confirm Ownership
Ensure that the property has been legally transferred to you through the probate process. This typically involves:
• Filing the will with the probate court
• Obtaining a court order recognizing you as the rightful heir
• Receiving the deed that transfers ownership to you

Assess the Property’s Value
To price your land accurately, consider:
• Getting a professional appraisal
• Researching comparable land sales in the area
• Consulting with local real estate agents familiar with land sales

Prepare the Land for Sale
While vacant land doesn’t require as much preparation as a house, you should:
• Clear any debris or overgrowth
• Ensure property lines are clearly marked
• Address any environmental issues

Decide on a Selling Method
You have several options for selling your inherited land:
• List with a real estate agent
• Sell directly to a land-buying company
• Auction the property
• Sell it yourself (For Sale By Owner)
Each method has its pros and cons, so consider your timeline, desire for involvement, and potential returns.

Market the Property
If you’re not selling to a land-buying company, you’ll need to market the property:
• Create a compelling listing with high-quality photos and detailed information
• Use online platforms specializing in land sales
• Leverage social media and local advertising
• Network with potential buyers like developers, farmers, or ranchers

Navigate Offers and Negotiations
When you receive offers:
• Review them carefully, considering not just the price but also terms and contingencies
• Be prepared to negotiate
• Consult with a real estate attorney if needed

Complete the Sale
Once you’ve accepted an offer:
• Work with a title company to handle the closing process
• Prepare necessary documents, including a deed transfer
• Settle any outstanding taxes or liens on the property

 

Legal Considerations When Selling Inherited Land in Texas

Texas has specific laws and regulations that affect the sale of inherited land:

Probate Process: Ensure the probate process is complete before attempting to sell. Texas offers several probate options, including independent administration, which can simplify the process.

Mineral Rights: In Texas, surface rights and mineral rights can be separated. Confirm whether you’ve inherited both, as this can significantly affect the property’s value.

Water Rights: Similarly, water rights in Texas can be complex. Understand what water rights, if any, come with the land.

Agricultural Tax Exemptions: If the land has been under agricultural use, it may have tax exemptions. Selling could trigger a tax rollback, which the new owner typically assumes but should be disclosed.

Capital Gains Tax: While inherited property often benefits from a “stepped-up basis” for capital gains tax purposes, consult a tax professional to understand your specific situation.

 

Challenges of Selling Inherited Land in Texas

Selling inherited land can present unique challenges:

Emotional Attachment: You may have sentimental ties to the land, making it difficult to sell.

Market Conditions: The land market can be less liquid than the housing market, potentially leading to longer selling times.

Property Condition: Neglected land may require work to make it attractive to buyers.

Multiple Heirs: If multiple people inherited the land, getting everyone to agree on selling terms can be challenging.

Zoning Changes: The land’s permitted uses may have changed since it was originally acquired, affecting its value or appeal.

 

Maximizing the Value of Your Inherited Texas Land

To get the best price for your inherited land:

Understand Its Potential: Research possible uses for the land based on its location, zoning, and characteristics.

Highlight Unique Features: Emphasize any valuable aspects like water sources, mineral rights, or development potential.

Consider Improvements: Simple enhancements like clearing brush or improving access could significantly increase value.

Timing: Be aware of local market trends and consider timing your sale accordingly.

Explore All Options: Don’t limit yourself to traditional buyers. Developers, conservationists, or neighboring landowners might see unique value in your property.

 

Alternative Options to Selling

Before committing to selling, consider these alternatives:

Leasing: You could generate income by leasing the land for agriculture, hunting, or other purposes.

Partial Sale: If the property is large, you might sell a portion while retaining the rest.

Conservation Easement: This can provide tax benefits while preserving the land.

Development: Depending on location and zoning, developing the land yourself could yield higher returns.

 

Working with Professionals

Selling inherited land often requires expert assistance:

Real Estate Agent: Look for an agent with experience in land sales in your specific area of Texas.

Land Surveyor: A current survey can prevent disputes and clarify what’s being sold.

Tax Professional: They can help you understand and plan for tax implications.

Real Estate Attorney: Legal guidance is crucial, especially with the complexities of inherited property.

Appraiser: A professional appraisal provides a solid basis for pricing your land.

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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