Handling the estate of a loved one is never easy. You’re navigating grief, family dynamics, and a sudden pile of administrative tasks all at once. If you’ve been tasked with selling a house in probate, you likely feel a mix of responsibility and overwhelm.
In Texas, real estate is often the most valuable asset in an estate, but it’s also the one that requires the most work. Most families don’t have the extra cash—or the energy—to renovate a home before putting it on the market. That is why selling “as-is” is the standard route for probate properties here.
Before you stick a sign in the yard, though, we need to clear up exactly how probate works in the Lone Star State. It isn’t just about finding a buyer; it’s about having the legal right to sign the paperwork. Put simply, probate is the court-supervised process of paying off the deceased person’s debts and distributing what’s left to the heirs. Until you have the court’s blessing, your hands are tied.
Let’s walk through what it really takes to sell a house in probate in 2026, specifically when you need to sell it in its current condition.
Can You Sell a House Before Probate is Finished?
One of the most common questions I hear from executors is, “The house is sitting empty; can we sell it right now?” The short answer is: Yes, you can sell while the probate case is open, but not before you are officially appointed.
In Texas, you cannot legally sign a listing agreement or a sales contract until the probate court has held a hearing and issued you “Letters Testamentary” (if there was a Will) or “Letters of Administration” (if there wasn’t). These documents are your “golden ticket.” They prove to the title company and the buyer that you have the legal authority to act on behalf of the estate.
There is often a “waiting period” between filing for probate and getting that hearing. During this time, you can certainly clean out the property or talk to agents about the market value. You can even market the home as “coming soon.” However, you must wait for that piece of paper from the judge before you sign anything binding. If you sign a contract before you have your Letters, that contract is generally invalid.
The Two Paths: Independent vs. Dependent Administration
Once you get into the legal weeds, you’ll find that not all probate processes are created equal. The difficulty of selling the house depends almost entirely on whether you are classified as an “Independent Executor” or a “Dependent Administrator.”
This distinction is massive. It determines whether selling the house takes 45 days or six months. Usually, the Will specifies which type of administration the deceased preferred. If there is no Will, the court decides based on the complexity of the estate and the agreement of the heirs.
Option 1: Independent Administration (The Fast Lane)
If you have been appointed as an Independent Executor, take a breath of relief. This is the gold standard in Texas and what most properly drafted Wills request.
In an independent administration, the court appoints you and essentially says, “Go handle business; come back when you’re done.” You act largely free of court supervision. You can hire a real estate agent, list the property, negotiate the price, and close the sale without asking the judge for permission at every turn.
Because you don’t need to wait for court hearings to approve the sale price, this process is much faster. It looks very similar to a traditional real estate transaction, just with a few extra documents at closing.
Option 2: Dependent Administration (The Court-Supervised Lane)
If the estate is in dependent administration, the process is significantly stricter. This usually happens if there was no Will (intestate), if the Will didn’t specify independent administration, or if there is significant fighting among the heirs.
Think of this as the “Mother, May I?” approach. The court must approve almost every single step you take.
First, you generally have to file an application just to hire a real estate agent. Once you get an offer on the house, you cannot just accept it. You must sign the contract subject to court approval, and then your attorney must petition the court to approve the sale. This adds time—sometimes weeks or months—to the process.
A critical note for Dependent Administration: There is a “90% Rule.” Generally, the court will not approve a sale if the offer price is less than 90% of the property’s appraised value (from the court-filed inventory, not just the tax value). This can make it very difficult to sell a distressed property to an investor if the court appraisal is too high.
Do Executors Have to Disclose Defects in Texas?
When you sell a regular home in Texas, you are legally required to fill out a Seller’s Disclosure Notice (SDN), listing everything you know is wrong with the house. However, probate sales have a specific carve-out in the law.
Under Texas Property Code Section 5.008(e), a fiduciary (that’s you, the executor, administrator, or trustee) is generally exempt from filling out the standard Seller’s Disclosure Notice.
The logic here is practical: The law assumes you haven’t lived in the house recently (or ever) and therefore you don’t know if the dishwasher leaks or if the AC struggles in July. You aren’t expected to guarantee the condition of a home you didn’t occupy.
However, this is not a license to lie. The exemption applies to the form, not to the truth. Under common law, if you know about a material defect—for example, if you walked in and saw a hole in the roof or you know the foundation was repaired ten years ago—you must disclose that information to the buyer. If you stay silent about known defects, you can still be sued for fraud.
What “As-Is” Means in a Texas Probate Contract
Since most estates don’t have the cash flow to fix foundations, replace roofs, or update 1970s electrical panels, selling “as-is” is the norm. But what does that actually mean legally?
In the standard Texas Real Estate Commission (TREC) One to Four Family Residential Contract, this is handled in Paragraph 7D. When a buyer checks the box that says they accept the Property “in its present condition,” they are agreeing to the “as-is” terms.
Selling as-is does not mean the buyer can’t inspect the home. In fact, most buyers will still perform inspections during their option period. “As-is” simply means that you, as the seller, are stating upfront that you will not make any repairs. If the inspector finds termites, you aren’t going to treat them. If the HVAC is dead, you aren’t buying a new one.
For a probate estate, this protection is vital. It ensures that the limited funds in the estate aren’t drained by construction costs before the house is even sold.
Step-by-Step: Selling a Probate House in Texas
If you are trying to visualize the roadmap, here is how the process usually shakes out from start to finish.
Step 1: Get Appointed You hire a probate attorney and file an application with the court. You attend a hearing, take an oath, and receive your Letters Testamentary or Letters of Administration. Now you are officially the boss.
Step 2: Secure the Property As soon as possible, change the locks. You need to protect the asset. Also, check the insurance. Standard homeowner policies often don’t cover a house once it has been vacant for 30 days. You may need to buy a “vacant dwelling” policy to ensure the estate is covered if a pipe bursts or a storm hits.
Step 3: Inventory & Appraisement Within 90 days of qualifying, you usually must file an “Inventory, Appraisement, and List of Claims” with the court. This establishes the value of the home. This step is crucial for dependent administrators because it sets the baseline for that 90% sale price rule.
Step 4: Marketing This is where you decide on your strategy. You can list it on the open market to try and get the highest price, or you can look for a quick cash sale if the house is in bad shape.
Step 5: The Contract When you receive an offer, pay attention to the names. You are not selling the house as “John Doe.” You are selling it as “The Estate of [Deceased Name], [Your Name] Independent Executor.” The paperwork must match your Letters Testamentary exactly.
Step 6: Closing At the closing table, you will sign an Executor’s Deed (or Administrator’s Deed). This transfers title to the buyer. Important: The proceeds check will not be made out to you personally. It will be made out to the estate.
Handling Title Issues and Liens
Even if the house is paid off, there are often financial hurdles to clear before the title company can issue insurance to the new buyer.
First, property taxes. These are a priority lien in Texas. If the deceased was behind on taxes, or if the current year’s taxes have accrued, these must be paid at closing.
Second, mortgages and reverse mortgages. If there is a reverse mortgage, the clock is ticking loudly. Lenders can move to foreclose relatively quickly after the borrower passes away. The sale proceeds will go to pay off these loans first.
Finally, there is the Medicaid Estate Recovery Program (MERP). In Texas, if the deceased received Medicaid benefits (like nursing home care) after age 55, the state may file a claim against the estate to recoup those costs. The title company will run a check for this. If a MERP claim exists, a portion of the sale proceeds may have to go to the state before heirs see a dime.
Listing on MLS vs. Selling to a Cash Buyer
For many executors, the final decision comes down to the balance between convenience and price. You generally have two exit strategies.
The MLS (Retail) Route Listing with a Realtor on the Multiple Listing Service (MLS) typically gets you the highest sales price because you are exposing the home to the most buyers. However, this route requires effort. You usually need to clean out the personal belongings (which can be emotional and physically taxing), keep the utilities on, and handle showings. If the house is in decent shape, this is usually the best financial move for the heirs.
The Cash Buyer (Investor) Route If the house is full of clutter, needs major repairs, or if you just want to be done with it, selling to an investor is a valid option. Cash buyers usually purchase “as-is” in the strictest sense—meaning you can leave the old furniture and junk behind, and they will handle the clean-out. The trade-off is price. Investors need to make a profit, so their offer will be lower than retail value.
For Independent Executors, the choice is yours. For Dependent Administrators, however, the investor route is harder. Remember that 90% rule? If the investor’s offer is 70% of the court-appraised value because the house needs a new roof, the court often won’t allow the sale unless you can prove the appraisal was wrong.
