How probate works in Texas
Probate is the legal way of administering the property of a deceased person (decedent) if the person never left a will or if the will had specific instructions on how his or her property was to be administered after they past away. These proceedings take place in probate courts. It is the same in Galveston TX as it is in the woodland TX. So if you have a probate house in Texas this information will help.
How to begin the probate process for a house in Texas
Lets start with the two very different types of probates. There is a Independent and dependent and both are very specific on how they work. Here is the difference between both.
If the deceased ( the person who has passed away) leaves a will and the will names an estate executor (person to make the decisions on behalf of the estate), the estate is subject to independent probate administration. Like the dependent probate administrator, an independent probate administrator must collect assets, pay off debts and distribute all assets according to the wishes given in the last will and testament of the deceased. However, once an executor is declared independent, the court is no longer in control over estate administration unless there are problems. An independent executor does not have to obtain the court’s approval in order to fulfill his duties. This can speed up the probate process and save both time and money to the estate.
If the deceased does not leave a will, the seller (The Executor) is expected to inform the court, which appoints an attorney to take care of the sale. Once this is done, the attorney advertises the property just like other real estate properties. The price is based on the agent’s suggestion and also from an independent appraisal ordered by the probate court. Note: It is important for the seller or Executor to familiarize himself or herself with the property to avoid being short-changed. This can be avoided by choosing the right partner in Houston or all over Texas and that would be us, The Aida Group.
Okay, my property is on the market, now what?
Now, after the property is advertised on the market then it is up to the seller to wait for the buyers to make offers on the property. Once this process is completed, the final decision is made by the executor or the probate court on who should buy the property based on an auction if there was more than one interested buyer…. In this case, we would suggest you choose The Aida Group to purchase your property because as you can see from our website we buy probate property in Texas! So we can get you through this without the hassle that normally comes with a death in the family.
We have been in this industry for years and our reputation speaks for itself. If you are interested in choosing us as your partner in Houston or all over Texas, you are always free to contact us through our website form, our social media pages, as well as giving us a call at 832-210-3088. For immediate assistance, you can leave an email message on our site and we shall call you within the shortest possible time. In addition, you can leave a text message and we shall respond, as soon one of our real estate agents is free.
Tax consequences when selling a house inherited in Texas
Inheriting a home is a pretty sweet experience, yet bitter at the same time… You are left with great property value you can use to improve your life, but you are still mourning the loss of a loved one. So you may tend to ask yourself at this point “what are the tax consequences when selling a house I inherited in Texas?” The tax laws have been designed in a way they will not add any more burden unto you upon inheriting the property. This implies that the financial consequences are less daunting than what you would expect, which is good news for you.
Tax Consequences when selling a house inherited in Texas
Calculation of basis
In order to comprehend how you’ll be taxed having inherited a home, you need to know how basis is calculated. Basis, in this case, refers to the asset cost for purpose of the calculation of capital gains along with other taxes. When a person dies, the value or basis of their property in Houston is increased to the market value as at the time of their death. For instance, if a person purchased a home 20 years ago for $25,000 but it was worth $100,000 at the time of their death, that property would be valued at the latter amount for the purpose of calculating capital gains.
Taxation of gains/losses
Capital gains or losses refer to what you earn from selling property that you use for either personal or investment purposes. Such can be houses, furniture, and many more things. If you decide to sell an inherited home in Houston, that sale is regarded as capital gain or loss for the purpose of income tax. In most cases, for you to qualify for lower rates of long-term capital gains, you are required to have held that property for at least a year. However long the duration you have been in the ownership of an inherited home, any gain or loss will still be treated as long-term.
Reporting the sale
Upon selling an inherited home, you have to report it for the income tax purposes. You should first calculate your capital gain or loss. This is done by subtracting the basis from the sale amount. You should then report that amount to the necessary authorities.
Having an inherited home can be stressing given the fact that you have a new property to take care of and pay taxes for it at the same time… You should go through the probate process in Houston as the first step to selling your home. The court will then authorize you to proceed as you wish. If there are any other individuals involved in the inheritance, you should first agree with each other on that decision. You can then file a petition requesting the court to allow you to sell the property.
You should then consider how much tax you are to pay. This will be paid against the capital gains or losses resulting from the sale of the house. You can call The Aida Group now at (832) 210-3088 to undertake a smooth and legitimate sale of your home. We are local here in Houston Texas and we know the market here better than anyone else. If you are still asking yourself what are the tax consequences when selling a house I inherited in Houston, then we would be happy to discuss it with you in more detail.
Selling an inherited house can relieve you of quite a burden. In addition to that, selling the property to an investor is a basic simple and fast process. Contact us for inquiries on how to go about things when selling your home in Houston and we will be glad to help you.