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A guide for Texas families

Inherited a property in Texas? Start here.

We help heirs and executors across all 254 Texas counties navigate probate real estate — calmly, without pressure, and with no upfront fees. Most of what you need to know is on this site for free.

254 Texas counties Free initial consultation No upfront fees 4–6 month typical timeline One business-day response

The process

Selling probate real estate in Texas, in plain English.

Texas probate moves through four predictable steps. We've walked hundreds of families through them. Here's the short version — the long version lives in our step-by-step guide.

  1. File the application

    An attorney files the will (or an Affidavit of Heirship, if there isn't one) with the county probate court. The clerk sets a hearing 10 to 21 days out.

  2. Receive Letters Testamentary

    After the hearing, the court issues Letters Testamentary (or Letters of Administration) — the document that gives you legal authority to sell.

  3. List the property

    You can list earlier, but closing requires the letters. Independent administration lets you sell without going back to court for each step; dependent administration requires court approval.

  4. Close the sale

    Title transfers by executor's deed rather than a standard warranty deed. Proceeds go to the estate account, debts are paid, and the remainder is distributed to heirs.

Where families get stuck: deciding between independent and dependent administration; selling before the letters are issued; and coordinating between heirs who live in different states. We help with all three.

“After my father passed, we had no idea what to do with his house in Round Rock. Texas Probate Process walked us through every step — from the court filing to closing. We sold in 47 days and never felt rushed.”
Sandra M. — Williamson County

Common questions

Texas probate, answered.

Answers to the five questions heirs and executors ask most. Don't see yours? Send it to us.

Do I need a real estate agent to sell a probate property in Texas?
While not legally required, it's strongly advisable. Probate sales require coordination with a probate attorney, specific deed types (executor's or administrator's deed), and awareness of court timing constraints. A specialist experienced in probate avoids the costliest mistakes — sales contingent on letters that aren't issued yet, deeds signed by the wrong person, and disclosure language that triggers liability.
How long before I can sell a Texas probate property?
The typical Texas probate timeline is four to six months to obtain Letters Testamentary or Letters of Administration. You can list the property for sale sooner, but the closing cannot happen until the court appoints an executor or administrator with authority to sign. In practice, most families list 60 to 90 days into probate.
Can I sell a house that is in probate in Texas?
Yes. You can list a Texas property while probate is pending. The sale must be authorized by the appointed executor or administrator. Once Letters Testamentary or Letters of Administration are issued, the closing proceeds like a standard real estate transaction — title is conveyed by an executor's deed rather than a general warranty deed.
What happens if there is no will on a Texas property?
When someone dies without a will in Texas, intestate succession laws determine who inherits. Heirs typically need either an Affidavit of Heirship (for simpler estates where everyone agrees) or a full administration through probate court. Texas community property laws also affect how ownership is split among surviving spouses and children.
How much does it cost to sell probate real estate in Texas?
Costs are similar to a standard sale: real estate commissions (typically 5 to 6%), closing costs (2 to 3% of the sale price), and any outstanding property taxes or liens. There are no extra fees simply because a property is in probate. Our initial consultation is always free, and we never charge upfront.

Free consultation

Tell us about the property.

One short form. We respond within one business day — no obligation, no upfront fees, and no high-pressure follow-up.