FAQ: How can I buy out my siblings’ shares of a parent’s house in Texas instead of selling it through probate?

Short answer: In Texas you can often buy out co‑owners (your siblings) through a voluntary agreement and deed transfer, or—if they won’t cooperate—you can ask a court for a partition (which may force a sale). Which path you take depends on whether the property is already titled in the parent’s name, whether the parent died with a will, whether probate has been opened, and whether the house has a mortgage or other liens.

Detailed answer — step‑by‑step under Texas law

1. Confirm title, ownership and whether probate is required

First, determine how title was held:

• If the house was held in the parent’s sole name at death, the estate must transfer title. That typically requires some probate process unless a valid nonprobate transfer applies (for example, a transfer‑on‑death deed executed before death).
• If the house was owned jointly with rights of survivorship (joint tenants with right of survivorship), the surviving joint owner(s) become sole owner(s) automatically and probate isn’t needed.
• If a valid Texas Transfer on Death Deed (TODD) was recorded before death, the property passes to the designated beneficiary without probate. See the Texas Estates Code (Transfer on Death Deed rules): Texas Estates Code, Chapter 114.

2. If probate is required, decide which probate path makes sense

Probate routes include full administration, independent administration, or probate as a muniment of title if there is a valid will and no need for administration. If the decedent died intestate (no will), the heirs inherit under Texas intestate succession rules: see Texas Estates Code, Chapter 201 (descent and distribution).

Timing: a typical probate or administration can take months. A muniment of title (when available) is faster because the court enters the will as proof of title without appointing an executor for administration.

3. Voluntary buyout (fastest if everyone agrees)

1. Get an appraisal or market valuation to set a fair buyout price.
2. Draft a written buyout agreement (purchase contract) that states the price, payment terms, and that co‑owners will transfer their interest by deed once paid.
3. Clear any liens or obtain lender consent if there is a mortgage. If the mortgage remains in the deceased parent’s name, the lender may require payoff or refinance before title will fully transfer.
4. Execute deeds transferring each sibling’s fractional interest to you (usually warranty deed or quitclaim deed), and record them in the county real property records.
5. Close the transaction through a title company or attorney to ensure title is clear and recording is handled correctly.

Note: If the estate still controls title (because there has been no probate), the executor or administrator must sign the deeds on behalf of the estate, or the court must authorize transfers. An heir cannot record a deed conveying the decedent’s sole‑owned property until the estate gives authority or title is otherwise passed by probate.

4. Buyout via the estate (if probate is open)

If the estate has an executor/administrator, the estate can sell the property or transfer it subject to court approval or under the administrator’s authority. Heirs can enter into an agreement with the executor for the estate to convey the property to one heir in exchange for payment to the estate (which then distributes proceeds to heirs). The estate representative must follow notice and creditor‑claim procedures before final distribution.

5. If heirs disagree — partition action

If siblings won’t agree to a voluntary buyout, any co‑owner or heir can file a partition suit under Texas law. A court can:

• physically divide the property if feasible, or
• order a sale and split proceeds, or
• order a buyout where one owner purchases the other owners’ shares at a court‑determined value.

Texas law governing partition actions appears in the Texas Property Code: Texas Property Code, Chapter 23 (Partition). Partition suits can be costly and take many months or longer, so they are generally a last resort.

6. Financing the buyout

Common options include:

• paying cash to siblings;
• refinancing the property in your name to pull out funds to pay siblings (lender approval required);
• seller financing where siblings take a promissory note secured by the property; or
• using other personal financing (home equity loan, personal loan) once title issues are cleared.

7. Clear title and recording

After the buyout payment, each selling sibling should execute and properly notarize a deed (usually a warranty deed or quitclaim deed) transferring their interest to you. Record the deed in the county where the property sits. If probate was required and not completed, a title company may insist on a court order, executor deed, or other probate documentation before insuring title.

8. Other important legal issues

• Homestead and family‑use protections can affect the ability to force a sale in some circumstances—discuss with counsel.
• Creditor claims against the estate: the estate typically must satisfy valid creditor claims before distributing net proceeds to heirs.
• Taxes: selling or transferring interests can have federal tax consequences (capital gains, basis). Consult a tax advisor.

Typical timeline and costs

Voluntary buyout (with clear title and no mortgage issues): weeks to a few months (appraisal, negotiation, deed, recording). Probate‑involved transfers: months to over a year. Partition litigation: many months to years and higher legal costs. Budget for appraisal fees, title work and insurance, deed preparation and recording fees, attorney fees, and possible court costs.

When to consult an attorney

Talk to a Texas real estate or probate attorney if:

• you’re unsure whether probate is required;
• the heirs disagree about a buyout;
• there is a mortgage or other liens;
• you need to use a court process (muniment of title, independent administration, or partition); or
• you want to structure financing or protect yourself from future title claims.

Helpful hints

• Start with a title search to see how the property is recorded and to find mortgages, liens, and recorded heirs or deeds.
• Get at least one professional appraisal to support fair market value for buyout negotiations.
• Use written agreements for price, payment schedule, and closing conditions to avoid misunderstandings.
• If the property has a mortgage, speak early with the lender about payoff or refinancing requirements.
• If probate is already open, work with the executor/administrator so transfers are made with proper authority.
• Keep clear records of all payments and signed deeds, and record deeds promptly after closing.
• Consider mediation before filing litigation; it can save time and money and preserve family relationships.

Key Texas statutes for reference:

• Transfer on Death Deed rules: Texas Estates Code, Chapter 114.
• Descent and distribution (intestate succession): Texas Estates Code, Chapter 201.
• Partition actions: Texas Property Code, Chapter 23.

Final note and disclaimer: This article explains general Texas law concepts to help you understand options for buying out co‑heirs. It is not legal advice. Laws change and every situation is different. Consult a licensed Texas attorney for advice tailored to your facts before signing documents or initiating court action.