Can a Co‑Heir Be Required to Reimburse an Appraisal Before an Estate Buyout? (Texas)

Short answer: Usually no—unless you have an agreement, a court order, or a specific probate rule that says otherwise. In Texas, the party who arranges and pays for a private appraisal generally bears that cost unless the co‑heir agrees to share it or a court allocates costs in a partition or probate proceeding. If the appraisal was ordered or required by the probate court or is part of court‑supervised administration, the estate or the court may allocate the expense.

Detailed Answer

Start with these basic legal principles:

• Contract freedom: Parties can agree who pays appraisal and closing/buyout costs. A written buyout agreement or signed email that assigns costs controls between the heirs.
• No automatic statutory right: Texas statutes do not give a co‑heir an automatic right to force another co‑heir to reimburse a privately obtained appraisal before completing a buyout.
• Court allocation: If you involve the court—through a probate administration or a partition action—the judge can allocate costs (including appraisal, valuation or commissioner fees) among the parties based on fairness or statute.

How that applies in common scenarios:

1) Private buyout negotiation between heirs

If you hired and paid for an appraisal to set a buyout number, you cannot unilaterally force the other heir to reimburse you before closing unless they agreed in writing. The practical options are:

• Present the appraisal and request reimbursement or an offset in the buyout price.
• Make reimbursement a condition of the buyout in a written agreement or promissory note.
• Split costs by mutual agreement (common approach: each heir pays half).

2) Probate administration

When an estate is being administered, an executor or administrator must provide inventories and appraisals in some cases. Appraisal expenses tied to court‑ordered inventory, appraisement, or sale may be paid from estate funds or allocated by the court. See Texas Estates Code, Inventory and Appraisement rules: Tex. Est. Code, Ch. 309. If the court orders a valuation or sale and assigns costs, that order controls distribution of reimbursement.

3) Partition action (disputes over jointly owned property)

If heirs cannot agree, either can file a partition action to force sale or division. The Texas Property Code governs partition actions; the court may appoint commissioners to value property and can allocate costs among the parties. See Texas Property Code Chapter 23 (Partition): Tex. Prop. Code, Ch. 23. A court order can require a co‑owner to share valuation costs or reimburse the requesting party.

4) Practical enforcement options if the co‑heir refuses

• Negotiate: Offer an offset or structure the buyout so the appraisal cost is credited against the buyer’s or seller’s share.
• Mediation: Use a mediator to split appraisal and closing costs fairly.
• Court relief: File for partition or ask the probate court for an order allocating appraisal expenses. Judges may assign costs to reflect equities.
• Contract claim: If you had a prior agreement (written or credible oral agreement) promising reimbursement, you may sue to enforce it.

Relevant Texas Statutes and Where They Matter

• Probate inventory and appraisement: Texas Estates Code — Inventory and Appraisement (see chapter on inventory/appraisement): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.309.htm
• Partition of real property and court procedures: Texas Property Code — Chapter 23 (Partition): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm

What you should do next

1. Gather any written communications that mention who will pay appraisal and closing costs.
2. Propose a clear written agreement allocating the appraisal cost (e.g., split, charge to buyer, credit against buyout price).
3. If probate is open, ask the executor or attorney whether the estate will cover appraisal costs or whether the court should decide. Cite the probate inventory rules to the attorney if needed.
4. If you and the co‑heir cannot agree, consider mediation or consult an attorney about a partition action or petition in probate court to allocate costs.

Helpful Hints

• Get agreements in writing. A written buyout agreement that assigns appraisal costs avoids most disputes.
• Ask for a neutral appraiser. A shared, neutral appraiser reduces objections to value and makes it easier to split the cost.
• Consider an offset. If the buyer pays the appraisal, give the seller a dollar credit equal to the appraisal cost at closing.
• If the estate is in probate, involve the executor early. Court procedures may control valuation and payment of expenses.
• Keep communications civil and document offers. Courts favor parties who show reasonable negotiation attempts.
• Get legal advice when stakes are high. An attorney can draft a binding agreement or file the correct petition with the probate or district court.

Disclaimer: This article explains Texas law in general terms and is not legal advice. It cannot replace a consultation with a licensed attorney who can analyze your specific facts and represent your interests.