Texas Executor's Guide to Selling Estate Real Estate: Step by Step

Being named executor of a Texas estate is a responsibility most people haven’t prepared for. You’re managing a legal process, a real estate transaction, family dynamics, and your own grief simultaneously. This guide breaks the executor’s job into clear, sequential steps — focused specifically on real estate, the most valuable and most complicated estate asset in most Texas probates.

Before You Do Anything: Understand Your Authority

As executor, you don’t have authority to act on behalf of the estate until the probate court officially appoints you. Before that moment:

• You cannot legally sell, refinance, or encumber the property
• You cannot execute contracts on behalf of the estate
• You can, however, secure and maintain the property, contact professionals, and begin organizing

The appointment process begins when your attorney files the probate application — typically 1–2 weeks after death if you move promptly.

Step 1: Hire a Texas Probate Attorney (Days 1–7)

This is not optional. Texas probate law requires an attorney for most estate proceedings. More importantly, a probate attorney protects you personally — executors who mishandle estates can face personal liability for losses.

What to bring to the first appointment:

• The original will (courts require the original, not a copy)
• Death certificate (bring 5–10 certified copies — you’ll need them for everything)
• List of known estate assets and debts
• Property deed if you can locate it

What to ask:

• Does this estate qualify for independent administration?
• Are there probate alternatives that apply (muniment of title, small estate affidavit)?
• What is your flat fee for a standard independent administration?
• What is the timeline for getting me appointed?

Most Texas probate attorneys offer flat-fee arrangements for straightforward estates — typically $2,500–$5,000.

Step 2: Secure the Property (Days 1–14)

Immediately after death — before probate is filed — secure the property:

Change the locks. Anyone with a key from before the owner’s death potentially has access. Rekeyingcosts $75–$150 and eliminates this risk.

Contact the homeowner’s insurance carrier. Many homeowner’s policies have vacancy clauses — the policy may be voided or reduced if the property is unoccupied for 30–60 days without notification. Call the carrier immediately, explain the situation, and ask what’s required to maintain coverage on a vacant estate property. You may need a “vacant home” or “estate” policy rider.

Verify utilities are on. Utilities should remain active to prevent property damage (frozen pipes, mold from HVAC failure). However, premium services (cable, streaming) can be cancelled.

Notify the HOA. If the property is in an HOA, notify them of the owner’s death and provide your contact information. HOA violations in an unoccupied property accumulate quickly and can generate fines and liens.

Arrange for ongoing maintenance. Lawn care, trash disposal, and basic upkeep must continue regardless of probate status. A property that violates city code or HOA rules while in probate creates additional legal complications.

Step 3: File the Probate Application (Days 7–14)

Your attorney files the probate application and will with the county probate court where the decedent lived. This triggers the scheduling of a hearing date — typically 3–5 weeks out in most Texas counties.

Which county: File in the Texas county where the decedent was domiciled (lived) at the time of death — not necessarily the county where the property is located.

What happens at the hearing: A brief court appearance (typically 10–15 minutes) where the judge verifies the will is valid, the decedent is deceased, and that you are qualified to serve as executor. Your attorney handles the presentation; you answer a few questions under oath.

Letters Testamentary: Issued at the hearing. This is the critical document — it’s your official authorization to act on behalf of the estate. Request 4–6 certified copies at the courthouse. Cost: $2–5 each. You’ll need them for: the title company, estate bank account, financial institutions, and any institution holding estate assets.

Step 4: Open an Estate Bank Account (Days 14–21)

Bring your Letters Testamentary to a bank and open an estate checking account in the name of the estate (e.g., “Estate of [Decedent’s Name]”). All estate money flows through this account:

• Rent from tenant-occupied properties (if applicable)
• Proceeds from the property sale
• Payment of estate expenses (attorney fees, maintenance, property taxes)

Never commingle estate funds with personal funds. This is both legally required and important protection for you as executor.

Step 5: Engage a Probate Real Estate Specialist (Days 1–30, Parallel)

You can — and should — engage a probate real estate specialist before your court appointment. The specialist can:

• Begin assessing the property and market conditions
• Provide a Comparative Market Analysis (CMA) suitable for the estate inventory (due within 90 days of appointment)
• Coordinate vendor access for cleanout and any needed repairs
• Have the listing agreement and marketing materials ready to go the moment Letters are issued

An initial consultation is free and should happen in the first week after death, not after you’ve received your Letters.

Step 6: File the Estate Inventory (Within 90 Days of Appointment)

Texas law requires the executor to file an inventory, appraisement, and list of claims with the probate court within 90 days of appointment. This document:

• Lists all estate assets (real property, personal property, bank accounts, vehicles, etc.)
• Assigns a fair market value to each asset as of the date of death
• Lists all known claims against the estate (debts, liens, mortgages)

The CMA from your probate real estate specialist provides the real property value for this filing. Calendar this deadline the day you receive your Letters — missing it requires a motion for extension and creates unnecessary court complications.

Step 7: Assess and Prepare the Property (Days 14–60)

With your attorney and real estate specialist advising, assess what the property needs before listing:

Property condition assessment:

• Walk the property thoroughly with your agent
• Identify deferred maintenance, safety issues, and anything requiring immediate attention
• Get contractor estimates for any significant repairs before authorizing work

Repair decision framework: Your agent should advise on which repairs improve net sale price and which don’t. The general principle: cosmetic improvements that cost less than their impact on value are worth doing; structural and mechanical repairs are essential for marketability; renovation projects rarely pay off in probate timelines. As-is sales are viable — and sometimes preferable — especially when the estate needs to close quickly.

Estate cleanout: Personal property must be removed before professional photography and showing. Coordinate with heirs to identify items with sentimental or monetary value. For remaining contents, hire an estate sale company (most work on 25–35% commission with no upfront cost) or a junk removal company. Do not dispose of any documents, financial records, or items of uncertain value without consulting your attorney.

Staging and photography: Once cleaned, professional photography (and sometimes light staging) can significantly impact buyer interest. This is typically a $300–$800 investment that pays back many times over in how quickly the property sells and at what price.

Step 8: List the Property and Review Offers (Days 30–90)

Once the property is ready:

Listing agreement: Signed by you as executor, with your Letters Testamentary referenced. The listing describes you as “Executor of the Estate of [Decedent].”

Pricing: Based on the CMA and your agent’s knowledge of current market conditions. Probate properties do not have to sell at a discount — properly priced and presented Texas probate properties regularly sell at or above market value.

Reviewing offers: Key things to evaluate beyond price:

• Financing type: Cash offers close faster and with fewer conditions. Pre-approved buyer offers are second best.
• Option period: A shorter option period (5–7 days) is better for the estate; buyers will request 7–14 days.
• Closing timeline: Probate sales using executor’s deeds typically take 45–60 days to close due to title work. Set closing date expectations appropriately.
• Contingencies: Fewer contingencies are better. Watch for financing contingencies, inspection contingencies, and sale contingencies (buyer needing to sell their own home first).

Executor authority: Under independent administration, you have full authority to accept an offer and sign the contract without court approval or heir consent (though consulting heirs is good practice when possible).

Step 9: Close the Sale

Texas probate sales close like standard sales, with one key difference: the deed is an executor’s deed, not a standard warranty deed. The title company prepares this; it transfers the property from the estate to the buyer and includes the executor’s legal authority.

What to bring to closing:

• Certified copy of your Letters Testamentary (the title company will have a copy but bring a backup)
• Government ID
• Any other documents your title company requests

Wire instructions for proceeds: Sale proceeds wire to the estate bank account — not your personal account.

Security deposit (if tenant-occupied): If the property had a tenant, the security deposit transfers to the buyer at closing, along with written tenant notification of the new owner’s contact information.

Step 10: Distribute Proceeds and Close the Estate

After closing, the executor:

1. Pays remaining estate debts from the sale proceeds — probate attorney fees, outstanding property taxes (above the closing proration), any creditor claims
2. Distributes the remainder to heirs per the will or intestate succession
3. Files any required final accounting with the probate court (required in dependent administration; optional in most independent administration cases)
4. Formally closes the estate with the court

Your probate attorney guides you through the final accounting and estate closure. In a straightforward independent administration, this process is relatively simple once the property has sold and debts are paid.

Key Deadlines to Track

The Bottom Line for Texas Executors

The executor’s job is to act in the best interest of all heirs — which means maximizing the estate’s value while managing costs and risks. For real estate, that means:

1. Moving quickly to secure the property and engage professionals
2. Meeting the 90-day inventory deadline
3. Preparing the property appropriately for the market
4. Listing and selling without unnecessary delay
5. Distributing proceeds and closing the estate cleanly

You don’t have to do this alone. A probate real estate specialist handles the real estate side so you can focus on the legal and family dimensions of the process.

Need help navigating a Texas probate property sale? Download our Texas Executor Checklist to track every step, or contact us — our initial consultation is free and covers every step of the process.