How to Sell a House in Probate in Texas
Yes, and Texas makes it simpler than most states. Most Texas wills ask for independent administration, which lets the executor sell the house without court approval. If there's no will, the court can appoint an independent administrator and grant a power of sale. Some estates skip administration entirely: a will can be probated as a muniment of title, a transfer on death deed passes the house outside probate, and heirs can sometimes use an affidavit of heirship. The executor publishes notice to creditors within a month, but Texas has no single short claims deadline the way many states do.
Reviewed by Dennis Fassett, founder of Dennis Buys Houses · Updated November 2026
For Texas families with a house in a loved one's estate, including Harris, Travis, Williamson and Bell counties. General information only; confirm the details with a Texas probate attorney.
How the House Passes in Texas
- Transfer on death deedAllowed since 2015. A recorded TODD passes the house to the beneficiary without probate. (Tex. Est. Code ch. 114)
- Right of survivorshipOnly if there's a written survivorship agreement, including for community property between spouses. (Tex. Est. Code § 111.001)
- TrustThe trustee sells under the trust.
- Everything elseThe house passes under the will or Texas heirship law, through one of the paths below.
Four Ways a Texas Estate Gets to a Closing
Independent Administration
The most common route. An independent executor acts with very little court supervision and can usually sell estate real estate without asking the judge. If the will doesn't grant a power of sale, the court can include one when it appoints an independent administrator.
Dependent Administration
Used when the will requires it or the heirs can't agree. The court has to approve the sale, which adds an application, an order and a report of sale.
Muniment of Title
When there's a will and no unpaid debts other than a mortgage, the court can admit the will as a muniment of title. No executor is appointed; the will itself transfers title, and the beneficiaries sign the deed.
Affidavit of Heirship
Without a will, title companies sometimes accept an affidavit of heirship, signed by people who knew the family, to show who the heirs are. Every heir then signs. Whether a title company will insure it depends on the facts.
In Texas, the path matters more than the court. An independent executor can usually close a sale in weeks; a dependent administration takes longer.
Want a Number to Compare Against?
Give me the address and a quick picture of where the estate stands. You'll get an as-is offer the family and your attorney can weigh against listing, and I'll tell you straight if listing comes out ahead.
Notice to Creditors
Within a month after receiving letters, the personal representative publishes a notice to creditors. Known secured creditors get notice within two months. (Tex. Est. Code § 308.051) Unsecured creditors can be sent an optional notice that bars their claim if it isn't presented within 120 days of receiving it. (Tex. Est. Code § 308.054) Otherwise, ordinary limitations periods apply. Ask your attorney how much to hold back from the proceeds.
How Texas Families Usually Handle the House
One Heir Keeps It
A buyout or a distribution of the house to one beneficiary.
List It
The best price when the house is in good shape and the estate can wait. Texas requires a seller's disclosure notice in most home sales, including flood questions, but sales by a personal representative in the course of an estate are generally exempt. (Tex. Prop. Code § 5.008)
Sell As-Is
When the house needs foundation work, a new roof or a full update, or the heirs are spread across the country, an as-is sale lets the estate skip the project. If you'd rather skip the whole production, sell it as-is to a real estate investor: no open houses, no repair negotiations after inspection, no hauling furniture in the Texas heat, and a closing date you set. Sell to Dennis Buys Houses and the clean-out is our problem, not yours. Take what you want and leave everything else. If we run across anything personal or valuable, we'll make sure it gets back to you.
The investor builds the repairs and risk into the price; the estate gets a firm date and almost nothing to manage.
Don't Rush the Belongings
Families clearing a parent's house are exhausted, and that's exactly when the irreplaceable things get thrown out. At one house I bought, a basement box the family had written off held a handmade album: a mother's record of her daughter's entire life, which the daughter had never seen. I go through what's left in every house, and personal or valuable things go back to the family. (The full story is on my About page.)
Keep the Bills Current
Texas property taxes are due by January 31, and penalties climb fast after that. (See Selling a House With Delinquent Property Taxes in Texas.) A mortgage in default can go to a first-Tuesday foreclosure sale in under two months. (See Selling a House in Foreclosure in Texas.) An empty house needs the right insurance, especially in hurricane and freeze season. (See Selling a Vacant House in Texas.)
Someone Still Living There
A lease survives the owner's death, and a relative who won't leave may need an eviction in justice court. (See Selling a House With Bad Tenants in Texas.)
Running a Texas Estate From Elsewhere
A nonresident can serve as a Texas executor but has to appoint a resident agent for service. Your attorney handles the court filings, and Texas title companies arrange remote and mail-away closings regularly.
Where the Proceeds Go
Mortgage, back taxes and liens are paid at closing. The rest pays claims and expenses, then goes to the beneficiaries or heirs. Texas has no inheritance tax, no estate tax and no state income tax, and heirs generally get a stepped-up basis.
When the Family Disagrees
Disagreement is what pushes many Texas estates into dependent administration. When heirs inherit the house together and can't agree, any of them can file a partition suit. A neutral as-is number sometimes settles things before the lawyers do.
I've Been the Executor, Too
After my mother spent her last months in our home, I was the one who settled her estate. I'm not an attorney and I won't give you legal advice. What I can give you is a straight conversation about the house from someone who's handled one while grieving, including telling you when listing with an agent makes more sense. (More on my About page.)
Texas Probate Mistakes
- Missing the four-year window to probate a will in most cases.
- Assuming survivorship without a written agreement.
- Overlooking a recorded transfer on death deed.
- Choosing dependent administration when independent would work.
- Letting the January 31 tax deadline pass.
- Leaving an empty house without freeze or storm protection.
Where I Fit, and Where I Don't
Texas estates usually call me when the house has foundation or roof issues, decades of belongings, a long stretch of sitting empty, or heirs who've scattered across the country.
There's no need to empty the house for Dennis Buys Houses, either. Leave what you don't want and we'll handle it.
If the house is updated and the estate has time for a financed buyer, a Realtor will likely net more, and I'll say that to the family.
Whatever the situation, I'll be upfront about whether I'm a good fit for it.
One Family's Review
“Dennis – thank you for helping us with our Mom’s home. This was a very traumatic experience for us, and we appreciated your patience with all the emotions we experienced during the process. You were really patient and understanding with us during the sale process, and we’re sure that Mom’s home will be in good hands. God Bless.”
Read more reviews from homeowners I've worked with
Frequently Asked Questions
Usually, in an independent administration. Dependent administrations need the court's approval.
A way to probate a will without appointing an executor, when the only debt is a mortgage. The will itself transfers title.
No. With an as-is sale, take what you'd like to keep; Dennis Buys Houses handles what's left.
Yes, since 2015. A recorded TODD passes the house outside probate.
No. Texas has no inheritance tax, estate tax or state income tax.
There's no single short deadline. Notice is published within a month, and an optional notice can give unsecured creditors 120 days.
Your county probate court or county court at law handles estates. Key law: Tex. Est. Code § 308.051 (creditor notice), Tex. Est. Code ch. 114 (TODDs) and Tex. Est. Code § 111.001 (survivorship).
Texas Selling Guides
- Selling an Inherited House in Texas
- Selling a Vacant House in Texas
- Selling a House With Bad Tenants in Texas
- Selling a House in Foreclosure in Texas
- Selling a House With Delinquent Property Taxes in Texas
Know the As-Is Number Before You Decide
Share the address and the estate's status. I'm not your lawyer, but I'll tell you what it brings as-is, how a sale fits your administration, and whether listing would leave the heirs more.