Gather the ownership history first
- The last recorded deed and legal description.
- Death certificates and any will, court orders, or estate appointment documents.
- Names of possible heirs, co-owners, and estate representatives.
- Existing surveys, mortgages, tax bills, and recorded restrictions.
Ask who has authority to sell
Give the documents to the title company and an estate attorney. Ask whether a representative, heirs, trustees, or other owners must sign, and what evidence is required. Do not promise that an affidavit alone will solve the file or that probate can always be avoided.
Texas starting point
The Texas State Law Library maintains probate resources, including information about wills and transferring property after death. Use these to frame questions for counsel, rather than to select an estate procedure yourself. Texas State Law Library: probate.
A seller who lives elsewhere may still need Texas-specific advice for Texas land. Disclose unresolved estates and deceased owners at the start of the buyer review so the timeline is based on the real title file.
Align the owners before negotiating
Confirm what is being sold, who can approve terms, and how proceeds will be handled. If family members disagree or an ownership interest is uncertain, resolve that with counsel before giving a buyer an unconditional closing promise.
Compare the offer after the estate costs
Ask the closing professional which title, estate, tax, and recording costs affect the transaction. Compare the net result across options. A cash offer may simplify financing questions, but it does not create missing authority to convey.
Sources and further reading
Tell us about your land
Send the county, parcel ID, ownership information, and any known tax or title issues. We will review whether the property fits our current acquisition criteria. An inquiry is not a binding offer or a promise to purchase.
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