Inherited Land
Sell inherited land or property in Texas for cash.
Inheriting land can mean taxes, upkeep and family members who each want something different. We buy inherited land directly, as-is, and we work through the paperwork with a licensed title company.
- We pay cash
- No agent commission
- Sell it as-is
- A written offer, no obligation
- You pick the closing date
What to know
How it usually works
Most inherited land we see has the same problems: the owner passed away, the deed is still in their name, there are several heirs, some live out of state, and nobody wants to keep paying taxes on land they don't use. None of that stops a sale. It just means the title company needs to confirm who owns the land now before anyone can sell it.
- Find out how the land passed. Was there a will? Was it probated? Is the deed still in the late owner's name? The answers decide what paperwork the title company needs.
- Get the heirs on the same page. In most cases every owner has to sign. If one heir doesn't want to sell, talk with an attorney about your options before you do anything else.
- Let the title company sort out the paperwork. Depending on the facts, that can mean an affidavit of heirship recorded in the county records, probating a will, or a court proceeding. The title company tells you what it will accept.
- Get a written offer and pick your closing date. Back taxes and liens are normally paid from the sale at closing. The money left over is split the way the owners are entitled to it.
Taxes when you sell
What about capital gains on inherited land?
For federal income tax, the IRS says your starting value in inherited property (called your “basis”) is generally its fair market value on the date the owner died (IRS Publication 551). Capital gains are figured on the difference between what you sell for and that basis, so selling soon after you inherit can mean a small taxable gain. There are exceptions, for example when an estate tax return used a different value. Texas has no state personal income tax.
This is general information, not tax advice. Ask a CPA or tax attorney about your situation before you sell.
Questions
Common questions
Can I sell land if the deed is still in my parent's name?
Often, yes. The title company first has to confirm who inherited it. That might be done with a recorded affidavit of heirship, by probating a will, or through a court proceeding, depending on the facts.
What if one of the heirs won't sign?
Usually every owner has to sign to sell the whole property. If an heir won't cooperate, talk with a Texas attorney about your options. We can still make an offer so everyone knows what the land is worth to a buyer.
Do heirs who live out of state have to come to Texas?
Usually not. Title companies can often handle signing by mail or with a mobile notary where the heir lives.
Can the small estate affidavit transfer land?
Only in a narrow case. Under the Texas Estates Code, a small estate affidavit can transfer real property only if the late owner's homestead is the only real property in the estate. Other land usually needs a different route.
This page is general information, not legal or tax advice. Every family and every property is different. For your situation, talk to a Texas attorney. Apex Freedom Fund buys land; we are not attorneys and we don’t represent sellers.
Other situations we buy in
- Probate
- Divorce
- Back Taxes
- Foreclosure
- Liens & Title Problems
- Out-of-State Owners
- Landlocked Land
- Heirs' Property
- Ag Exemption Land
- Minerals & Water
- Floodplain Land
- Unwanted Land
Where we buy
We buy land all over Texas, with a focus on these areas: Houston & Gulf Coast · DFW & North Texas · Austin–San Antonio · Central Texas I-35 · Lubbock & South Plains · West Texas & Permian Basin · South Texas & the Valley.