In most cases you can’t sell the home or sign a valid sales contract until the probate court, or its equivalent shortcut, clears title.
A buyer’s title company will demand proof that the estate, or an heir legally authorized to sell the property, has the right to convey the deed.
Why Selling a House Without Probate Is Hard
Real property held solely in a deceased person’s name becomes a probate asset, which means it’s frozen until a judge confirms who may act for the estate.
Title companies, lenders, and county clerks won’t record a deed signed by someone who lacks that court-backed authority. In short, you generally must go through probate before you can sell the property.
How Title Actually Moves After Someone Dies
When a parent passes and the home sits only in that parent’s name, probate steps in immediately. The executor now acts for the estate, following Texas statutes line-by-line before title can change hands.
If the home was jointly owned with rights of survivorship
- The surviving owner inherits automatically.
- Once a certified death certificate is recorded, that owner can list or refinance without court approval.
If the home sits inside a living trust
- The successor trustee records a trustee’s affidavit with the county.
- No probate case is needed, so the house can be marketed right away.
If there is no will and the parent was the sole owner
- The family must open probate to establish legal heirs.
- A judge confirms who inherits before any sale can move forward.
Across all scenarios, the personal representative (executor or trustee) must:
- Keep mortgage payments current.
- Pay property taxes and clear any liens.
- Obtain title company sign-off so sale proceeds can be released.
A seasoned probate attorney plus a real-estate agent who understands court timelines can keep the process on track and make sure every legal box is checked before the keys change hands.
Situations Where You Can Avoid Probate
- Transfer-on-Death (TOD) Deed
Texas recognizes beneficiary deeds. If your parents recorded one, ownership shifts to the named beneficiary once a certified death certificate is filed, allowing you to sell the home immediately. - Community Property With Right of Survivorship
Married couples in Texas can sign a survivorship agreement. The surviving spouse then owns 100 % of the homestead, so no probate is needed to sell. - Joint Tenancy With Right of Survivorship
If both parents (or a parent and child) held title as joint tenants, the surviving co-owner files a death certificate, becomes sole owner, and can sell the property without probate. - Living Trust
A house funded into a revocable living trust is owned by the trust, not the estate. The successor trustee may sell under the trust’s terms with no court filings. - Small-Estate Affidavit
If the countable probate estate (excluding the homestead) is ≤ $75,000 in Texas, heirs may record a small-estate affidavit and deed the property without opening full probate, subject to creditor clearance.
When Probate Is Still Required
If none of the above apply, you’ll need to enter the probate process and obtain either:
- Letters Testamentary / Letters of Administration – the executor or administrator lists and sells the house, then deposits proceeds in the estate account, or
- Heirship Proceeding – a streamlined Texas process that establishes who inherits when there’s no will.
Trying to sell before these letters issue can void the deal and frustrate the title company.
Steps to Sell After You Have Inherited Authority
- Secure the property (insurance, locks, utilities).
- Hire a real-estate agent familiar with estate sales and Austin’s probate quirks.
- Get a market valuation to satisfy the court that price is fair.
- Provide buyers a copy of your letters or affidavit so their closing attorney can clear title.
- Deposit proceeds in the estate account until the judge signs a final order or heirs record their deed.
Risks of Skipping Probate
Selling without proper authority can:
- Cloud title, blocking refinance or resale.
- Trigger personal liability for unauthorized signers.
- Delay distribution when the court later demands corrections.
Selling an Intestate Home Without Probate
When a parent dies intestate in Texas, the probate court determines heirs under intestate succession rules. Until the judge signs that order, no heir has the right to sell the owned property.
Faster options that often avoid court:
- Transfer on Death deed already recorded
- Title held with right of survivorship by the surviving spouse
- Estate small enough for a small-estate affidavit (usually closes in 45 to 60 days)
If none of these apply, formal probate is required. The personal representative must notify each creditor, pay debts, meet all legal requirements, and work under court supervision while marketing the house to potential buyers. Full probate sales typically take six to nine months.
FAQs about the probate process
No. TOD deeds, survivorship community property, funded trusts, and small-estate affidavits can let you avoid probate.
Yes, once letters are issued, but proceeds stay in the estate until the judge approves distribution.
The loan survives the borrower. Heirs or the estate must keep payments current or the lender can foreclose.
Texas allows pro se filings, but mistakes can derail a sale. Most families hire a probate or real-estate attorney to guide them through the process.
The surviving owner must keep property taxes current and either pay off or account for any remaining debt—such as mortgages or HOA liens—at closing. Addressing these obligations up front reassures potential buyers and prevents delays later in the legal process.
In a few states, smaller estates can sidestep full probate by filing a simplified succession affidavit. If the property’s value falls under the local threshold, heirs can use that document to satisfy the court’s basic rules, clear title, and move ahead with a sale—saving both time and legal fees.
