It depends on whether probate is open. While an estate is being administered, the executor has the right to possess estate property and may rent it out. Once the siblings own the house together, each can live there, and disputes over rent, expenses or a sale end in an agreement or a partition case.
It is one of the most common inheritance fights: a parent dies, one sibling stays in the house, and the others are left paying their share of taxes and insurance on a place they cannot use. Texas law gives the other heirs some tools, but which ones depend on a single question. Is an estate still being administered, or do the siblings already own the house outright?
This guide covers the statewide rules. For the appraisal districts, courts and local offices involved in Tarrant, Dallas, Collin and Denton counties, read our DFW guide to a sibling living in an inherited house.
First question: is there an open estate?
If a court has appointed an executor or administrator, that person, not the siblings individually, controls the house for now. Estates Code Sec. 101.003 says that once letters are issued, the executor or administrator has the right to possession of the estate as it existed at the death, and must recover possession and hold the estate in trust to be handled according to law.
If no one was appointed, or the estate has closed, the heirs or will beneficiaries simply own the house together. Each holds an undivided share of the whole. That changes the options a great deal, so the sections below take each situation in turn.
While the estate is open: the executor's tools
An executor has three duties that bear directly on a sibling living in the house:
- Possession. Sec. 101.003 gives the executor the right to possess estate property. Where the estate owns the house together with someone else, Sec. 351.103 gives the executor possession in common with the other owners, the same way co-owners share possession.
- Care. Sec. 351.101 requires the executor to take care of estate property as a prudent person would and to keep buildings in good repair.
- Renting. Under Sec. 357.001, a personal representative may rent estate property for one year or less without a court order, at public auction or privately, as is in the estate's best interest. Renting for more than a year requires a written application to the court (Sec. 357.002).
In practice, an executor can ask the sibling to sign a lease at a fair rent, to cover the carrying costs, or to move out so the house can be sold. If the executor is the sibling living in the house, that is a conflict the other heirs should raise with the estate's attorney.
A tool in court-supervised estates: Estates Code Sec. 357.005 lets any person interested in an estate file a written, sworn complaint asking the court to make the personal representative appear and explain why estate property was not rented. After a hearing, the court issues whatever order appears to be in the estate's best interest. In an independent administration, ask a probate attorney what remedies apply.
After the estate closes: co-owners with equal rights
Once the house belongs to the siblings together, they share possession as co-owners. Estates Code Sec. 351.103 borrows that same shared-possession idea for executors. No Texas statute sets a rent that a co-owner living in the house must pay the others. Whether the others can recover money for that use depends on the facts and on Texas court decisions, which a real estate or probate attorney can apply to your situation.
What owners can control is the paper. A short written agreement often settles more than a lawsuit would. It can cover:
- whether the occupying sibling pays rent, and how much,
- who pays property taxes, insurance, utilities and any mortgage,
- who handles and pays for repairs,
- how long the arrangement lasts and what triggers a sale,
- whether the occupying sibling has a right to buy the others out, and at what price.
Why an ordinary eviction usually does not fit
Many heirs assume they can file an eviction. The Texas forcible detainer statute, Property Code Sec. 24.002, covers a person who refuses to give up possession after a written demand and who is a tenant holding over, a tenant at will or by sufferance, or a tenant of someone who took possession by force. A sibling who inherited a share is an owner, not a tenant. A sibling who signed a lease with the executor is in a different position. Because the right answer turns on title and on any lease, talk to an attorney before sending a notice to vacate.
Who pays the property taxes
Tax Code Sec. 32.07 makes property taxes the personal obligation of whoever owns the property on January 1 of the tax year. When siblings inherit together, that means all of them. If the sibling in the house stops paying and nobody else steps in, the tax debt grows for everyone.
The sibling in the house can at least lower the bill. Under Tax Code Sec. 1.04, heir property is real property acquired by will, transfer on death deed or intestacy where at least one owner claims it as a homestead. Sec. 11.43(o) lets that heir apply without a deed in their own name, using an affidavit of ownership, the prior owner's death certificate and the latest utility bill. Sec. 11.41 treats that heir as the sole owner for the exemption, and Sec. 11.49 confirms the exemption does not change legal title. The other siblings keep their shares.
Partition: the last resort
When talks fail, any joint owner of Texas real estate may compel a partition (Property Code Sec. 23.001). In the case, the court determines each owner's share and all questions of law or equity affecting the title (Texas Rules of Civil Procedure, Rule 760). If the house cannot be fairly divided, the court orders it sold and divides the proceeds by each owner's interest (Rule 770).
If the court finds the house is heirs' property, Chapter 23A adds protections. One is directly about the sibling in the house. When the court weighs whether to divide the property or sell it, Sec. 23A.009 lists factors that include the lawful use a co-owner is making of the property and how much that owner would be harmed by losing it, along with how much each owner contributed to taxes, insurance, upkeep and improvements. Our guides on forcing the sale of inherited property and on a sibling who will not sell walk through the full process.
An executor has a parallel tool inside probate. Under Estates Code Sec. 405.008, if the will does not distribute the whole estate or provide a means for partition, or there was no will, an independent executor may ask the probate court to partition and distribute the estate or to order a sale of property that cannot be fairly divided.
Keep a record of what everyone pays
Whether the dispute settles at the kitchen table or in court, receipts matter. Keep copies of every tax payment, insurance premium, mortgage payment and repair bill, along with who paid it. Those figures shape a buyout price, a settlement, and, under Chapter 23A, the factors a court weighs.
This page explains Texas statutes. It is not legal advice. A probate or real estate attorney can tell you which tools fit your family's facts.
When the family decides to sell
Many of these standoffs end with a sale and a clean split of the proceeds. If every owner, or the executor with authority to sell, is ready, Cash Home Advisors can help. We are based in Fort Worth, we can close in 7–14 days, and we pay all closing costs. Every seller sees the closing statement before signing, so each sibling can check their share.
Read about selling an inherited house in Texas, see how our process works, or request a cash offer. More estate guides are in our inherited property category.
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Frequently asked questions
Can I make my sibling pay rent on the house we inherited in Texas?
No Texas statute sets a rent that a co-owner living in an inherited house must pay the others. If an estate is open, the executor controls possession and can rent estate property. Once the siblings own it outright, the usual tools are a written agreement or a partition case, where the court decides questions of law and equity affecting the title.
Can I evict my brother or sister from the inherited house?
Usually not through an ordinary eviction. The Texas forcible detainer statute is written for tenants, tenants at will or by sufferance and similar occupants. A sibling who owns a share is an owner. An executor's right to possession or a partition case are the usual routes, and both call for an attorney.
Who pays the property taxes if one sibling lives in the inherited house?
Texas makes property taxes the personal obligation of whoever owns the property on January 1. That includes every co-owner. Siblings often agree that the one living there pays the taxes, but that is a private agreement, not a rule.
Can my sibling get a homestead exemption on a house we all inherited?
Yes, if the sibling lives there as a principal residence. The Tax Code lets an heir property owner claim the exemption with an affidavit, the prior owner's death certificate and a recent utility bill. Granting the exemption does not change who owns the house.
Sources
- Texas Estates Code, Chapter 101 (Sec. 101.003 executor's right to possession)
- Texas Estates Code, Chapter 351 (Secs. 351.101 and 351.103)
- Texas Estates Code, Chapter 357 (renting estate property)
- Texas Estates Code, Chapter 405 (Sec. 405.008)
- Texas Property Code, Chapter 23 (Sec. 23.001 partition)
- Texas Property Code, Chapter 23A (Sec. 23A.009 partition factors)
- Texas Property Code, Chapter 24 (Sec. 24.002 forcible detainer)
- Texas Rules of Civil Procedure (Rules 760 and 770, partition)
- Texas Tax Code, Chapter 32 (Sec. 32.07 personal liability for tax)
- Texas Tax Code, Chapter 1 (Sec. 1.04 heir property definitions)
- Texas Tax Code, Chapter 11 (Secs. 11.41, 11.43 and 11.49 heir property homestead)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.