Losing a loved one is emotionally exhausting, and the prospect of dealing with their property often feels like a second, heavier burden. If you have been named the executor or administrator of an estate in Texas, you might be looking at a house full of memories and a stack of legal documents, wondering where to even start.
Selling a house in probate is not the same as a standard real estate transaction. The timelines are different, the paperwork is thicker, and the court is watching. However, Texas law is actually somewhat unique—and often more favorable to executors than other states—thanks to a system that offers different “pathways” for probate.
The goal of this checklist is to cut through the legal jargon and give you a clear, streamlined roadmap. Whether you are dealing with a straightforward will or a more complex situation, here is how to navigate the sale legally and efficiently.
Disclaimer: I am a real estate professional, not an attorney. This article is for informational purposes only. Texas probate laws are complex, and you should always consult with a qualified probate attorney regarding your specific situation.
Step 1: Determine Your Authority and Probate Type
Before you can put a “For Sale” sign in the yard, you must have the legal authority to sign the listing agreement. In Texas, you cannot simply sell the home because you are the oldest child or named in the will; the court has to officially appoint you first.
The ease of your sale depends entirely on which type of administration the court grants you:
- Independent Administration: This is the “golden ticket” of Texas probate. If the will allows for this (or if all heirs agree to it), the executor has significant autonomy. You can list, market, and sell the property without asking the court for permission at every single step.
- Dependent Administration: This is much more restrictive. It usually happens when there is no will, or if there is fighting among the heirs. In this scenario, the court must supervise everything. You will need permission to list the home, and you will need court confirmation to accept an offer.
- Muniment of Title: This is a “fast-track” option used when there is a valid will and the estate has no unsecured debts (Medicaid claims or credit cards). Instead of appointing an executor, the judge simply signs an order that transfers the title directly to the beneficiaries. In this case, the heirs sell the home themselves, not the estate.
Action Item: Your first milestone is obtaining your Letters Testamentary (if there is a will) or Letters of Administration (if there is no will). These are the certified documents that prove to buyers and title companies that you have the power to sell.
Step 2: Assemble Your Professional Team
Because Texas probate involves specific statutes, you need a team that speaks the language. Trying to DIY this process often leads to delays that cost the estate money in carrying costs.
- Probate Attorney: You generally cannot navigate Texas probate courts without one. Your attorney files the application to get your Letters Testamentary and ensures you don’t accidentally breach your fiduciary duties.
- Real Estate Agent (Probate Specialist): It is vital to hire an agent who understands the nuances of selling an inherited house in Texas. A standard agent may not know about the specific disclosure exemptions you are entitled to or the strict appraisal rules in a Dependent Administration. You want someone who knows how to write “subject to court approval” into a contract correctly.
Step 3: Secure and Manage the Property
As the executor, you have a “fiduciary duty” to protect the assets of the estate. The moment you take charge, the house becomes your responsibility.
- Secure the Premises: Change the locks immediately. You need to know exactly who has access to the property.
- Manage Expenses: Keep the utilities on (especially electricity for A/C to prevent mold) and ensure the mortgage and insurance are paid from estate funds.
- Check the Insurance: This is a common trap. Most standard homeowner policies have a clause that voids coverage if the home is vacant for more than 30 days. You will likely need to switch to a “vacant home” or “unoccupied dwelling” policy to ensure the asset is protected against fire or storm damage.
- The 90-Day Deadline: In most Texas probate cases, you are required to file an Inventory, Appraisement, and List of Claims with the court within 90 days of being appointed. This inventory must accurately list the real estate and its value.
Step 4: Prepare Disclosures and List the Home
Once you have your Letters Testamentary and the house is secure, you can move to the marketing phase. This is where Texas law gives executors a break.
Most probate properties are sold “as-is.” The estate usually doesn’t have the cash (or the desire) to renovate a kitchen from 1985. The goal is to liquidate the asset for fair market value.
The Seller’s Disclosure Exemption In a standard sale, the seller must fill out a massive grid detailing the condition of the property. However, under Texas Property Code Section 5.008(e), an executor or administrator is generally exempt from providing this notice, provided they are not the ones who recently lived there.
- The Caveat: This exemption does not let you hide the truth. If you know the roof leaks or the foundation is shifting, you are legally required to disclose those known defects. You just don’t have to fill out the standard form guessing about the age of the HVAC system.
Pricing is also critical here. Your agent should provide a Comparative Market Analysis (CMA) or, in the case of Dependent Administration, you will rely on the court-appointed appraiser’s value.
Step 5: Negotiating Offers and Court Approval
This is the stage where the difference between “Independent” and “Dependent” administration becomes incredibly important.
If you have Independent Administration: You can breathe easy. You can review offers, negotiate the price, and sign a contract just like any private seller. You do not need to call the judge to ask if the price is okay.
If you have Dependent Administration: The process is much stricter to protect the heirs and creditors:
- The 90% Rule: Generally, you cannot sell the property for less than 90% of its appraised value (as determined by the court-appointed appraiser, not just a market CMA).
- Court Confirmation: Once you accept an offer, it is technically “conditional.” Your lawyer must report the sale to the court.
- The Wait: The court will issue a decree confirming the sale. This adds time to the closing process, so your buyer needs to be patient.
Step 6: Closing and Distributing Proceeds
We are at the finish line. The closing process for a probate home looks similar to a standard sale, but the paperwork is different.
The title company will require a certified copy of your Letters Testamentary and potentially a copy of the Will. Instead of a General Warranty Deed, you will likely sign an Executor’s Deed (or Administrator’s Deed). This deed transfers the property but offers slightly different warranties than a standard deed.
Where does the money go? When the deal closes, the title company will cut a check (or wire funds) to the estate account, not to you personally or the other heirs. Before you can split that money, you must settle the estate’s debts. This includes paying off the mortgage, covering closing costs in Texas, paying the attorney, and satisfying any Medicaid recovery claims or credit card debts. Only after the debts are cleared can the remaining proceeds be distributed to the beneficiaries.
Texas Probate Home Sale Timeline
How long does this all take? It varies, but setting realistic expectations is key to managing stress.
- Muniment of Title: fastest route, often 3–4 months.
- Independent Administration: Typically 6 months, assuming the market cooperates.
- Dependent Administration: Can take 9–12 months or longer due to court hearings and strict oversight.
Remember, notice must be given to unsecured creditors to allow them to file claims, which is a statutory waiting period that cannot be skipped.
Frequently Asked Questions
It is extremely difficult and rarely allowed. Because an executor represents the interests of third parties (heirs and creditors), Texas judges almost universally require the executor to be represented by a licensed attorney.
No, most probate homes are sold “as-is” to preserve the estate’s cash. While you can choose to make repairs to increase the sale price, you are generally not required to fix cosmetic issues, though you must disclose known serious defects.
If you have Independent Administration, you have the discretion to sell for market value even if it’s lower than the appraisal. If you are in a Dependent Administration, the court generally forbids selling the home for less than 90% of the court-ordered appraised value without special proceedings.
This is considered “self-dealing” and is heavily scrutinized. In Texas, an executor generally cannot buy the property from the estate unless the will explicitly allows it, or unless they get written consent from all beneficiaries and approval from the court to avoid a breach of fiduciary duty.
