If you have recently been named an executor or administrator of an estate in Texas, you are likely navigating a mix of grief and administrative stress. One of the biggest questions we hear from clients in your shoes is simple: “When can I put the sign in the yard?”
There is a common misconception that you have to wait until the entire probate process is finished—a process that can drag on for a year or more—before you can sell the real estate. Thankfully, in Texas, that is rarely the case.
While the legal gears grind slowly, the timeline for selling a house is usually much shorter than the timeline for closing the estate. Let’s walk through the 2026 timelines, the critical “green light” moments, and the specific Texas rules that dictate when you can actually sign a contract.
(Note: I am a real estate professional, not an attorney. This article is for informational purposes only. Texas probate laws are complex, so please consult a qualified probate attorney for legal advice specific to your situation.)
The Texas Probate Timeline: An Overview
Let’s start with the big picture. If you are looking at a full administration of an estate, the entire process generally takes anywhere from 6 to 12 months from the day you file the application to the day you distribute the final assets to heirs.
However, if you are handling a straightforward estate, you might wrap things up in about 3 to 6 months. On the flip side, if the will is contested or there are messy debt issues, it can easily stretch beyond a year.
But here is the good news for your real estate goals: You generally do not need to wait 12 months to sell the home. The most critical milestone you are waiting for is the issuance of your Letters Testamentary (if there is a will) or Letters of Administration (if there is no will).
Think of these “Letters” as your official ID badge. Until you have them in hand, you do not have the legal authority to sign a listing agreement or close a sale. Getting this authority usually takes about 1 to 2 months from the time your attorney files the initial paperwork. Once you have that badge, the timeline for selling depends entirely on what type of administration the court grants you.
Independent vs. Dependent Administration: How It Affects the Sale
In Texas real estate, not all probate cases are created equal. The speed at which you can sell the house depends heavily on whether the judge grants you Independent Administration or sticks you with Dependent Administration.
Independent Administration (The “Golden Ticket”)
If the deceased left a valid will, it most likely specifies that the executor should serve “independently.” This is the gold standard in Texas. It means that once the judge appoints you and issues your Letters Testamentary, you are free to act without constant court supervision.
In this scenario, you can list the property, negotiate offers, and close the sale just like a normal homeowner would. You do not need to ask the judge for permission to accept an offer. This makes the process much faster and feels very similar to a standard transaction.
Dependent Administration (The Slow Lane)
If there is no will, or if there is significant fighting among heirs or heavy debt issues, the court may require Dependent Administration. This is much more restrictive.
In this track, the court watches every move you make. You generally cannot list the property or accept an offer without a specific court hearing and the judge’s approval.
This adds significant time to the process. For example, if you get a buyer for $500,000, you have to take that contract to the judge, wait for a hearing, and get an order approving the sale before you can close. This often adds 30 to 60 days to the closing timeline, which can scare off impatient buyers.
Muniment of Title (The Shortcut)
Sometimes, there is no need for a full executor. If the estate has no debts (other than a mortgage on the house), you might qualify for Muniment of Title. This is essentially a shortcut where the court validates the will and passes the title directly to the heirs.
In this case, no executor is appointed. The heirs become the owners immediately and can sell the house together. It is fast, but it requires all heirs to be on the same page and sign the closing documents together.
Step-by-Step: When Can You Actually List and Sell?
If you are trying to plan your next few months, it helps to see the process chronologically. Here is how the timeline usually shakes out for someone wanting to sell a probate property.
Month 1: Filing and The Waiting Period
Your attorney files the Application for Probate. Texas law requires a mandatory waiting period—usually about 10 days—after posting a notice at the courthouse. During this time, no one can be appointed as executor. You can use this time to interview a probate real estate agent and get the house ready for photos, but you cannot sign a listing agreement yet.
Month 2: The Hearing and “Letters”
This is the moment you are waiting for. You will go to court (or appear virtually) for a short hearing where the judge validates the will. Once the judge signs the order and you take your oath, the clerk issues your Letters Testamentary.
If you have Independent Administration, this is your Green Light. You can now legally sign a listing agreement and put the house on the market.
Month 3-4: Inventory and Notice to Creditors
While you are busy marketing the home, you have administrative duties running in the background. You typically have 90 days from your appointment to file an “Inventory, Appraisement, and List of Claims” with the court.
You also need to publish a Notice to Creditors in a local newspaper. This opens a window for creditors to ask for payment. If you are selling the house during this window, the title company will ensure that any valid debts (like the mortgage or property taxes) are paid off at closing.
Month 6+: Closing the Estate
By this point, hopefully, the house is sold. The proceeds from the sale go into an estate bank account. You will use those funds to pay off any remaining final bills. Once debts are settled, you can distribute the remaining cash to the beneficiaries and file the final paperwork to close the estate.
Texas Homestead Rules & Surviving Spouses
There is one major exception in Texas law that can stop a sale in its tracks, even if the executor is ready to go. We are talking about the Homestead Exemption and spousal rights.
In Texas, a surviving spouse has a “life estate” right to live in the homestead for the rest of their life. This applies even if the will leaves the house entirely to the children or someone else. As long as the spouse wants to live there, you cannot force a sale.
If the surviving spouse agrees to sell, they must sign off on the transaction. Furthermore, the homestead is generally protected from unsecured creditors. This means if the deceased had $50,000 in credit card debt, you generally do not have to sell the primary home to pay that Visa bill. The house passes to the heirs free of that specific type of debt.
This is a tricky area of law. If there is a surviving spouse or minor children involved, do not list the home until you have cleared it with your attorney.
Preparing the House for Sale in Probate
Once you have the legal authority to sell, the physical work begins. Managing a vacant house from a distance is a challenge, but there are a few practical steps that save money and liability.
Disclosure Requirements
In a standard sale, the seller has to fill out a massive Seller’s Disclosure Notice listing everything seemingly wrong with the house. However, in Texas, an executor or administrator who has not lived in the property is often exempt from providing the full disclosure notice. This protects you from being sued over a leaky pipe you didn’t know about. Always verify this exemption with your agent.
The “As-Is” Sale
Most probate properties are sold “as-is.” You are likely selling the house to liquidate the asset, not to flip it. Buyers understand this, but it means you should price the home accordingly. Attempting to renovate a probate home before selling can be risky if the heirs disagree on the budget.
Utilities and Insurance
Do not cut the power yet! You need electricity for showings and inspections. More importantly, you need to call the home insurance provider immediately. Most standard homeowner policies have a clause that denies coverage if the home is vacant for more than 30 days. You will likely need to switch to a specific “vacant home” policy to ensure the asset is protected while it sits on the market.
FAQs: Selling a House in Texas Probate
While the full probate process often takes 6 to 12 months, you can usually sell the house much sooner. In an Independent Administration, you can typically list and sell the home as soon as you receive your Letters Testamentary, which happens roughly 45 to 60 days after filing the initial application.
Yes. You do not need to wait for the estate to be fully “closed” (meaning the final accounting is filed) to sell the property. You simply need the estate to be “opened” and for the court to grant you the authority to act (the Letters).
If there is no will, the court usually appoints an Administrator rather than an Executor. This often leads to a Dependent Administration, which requires court supervision. In this scenario, selling the house takes longer because the judge must approve the terms of the sale before you can close.
It depends on the administration type. If you are an Independent Executor, you generally have the authority to sell the property without the signature of every single heir. However, if you are doing a Muniment of Title or a determination of heirship, all the legal owners (heirs) must sign the listing and closing documents.
