Probate Process in Texas for Selling an Inherited Property

When a person passes away and leaves behind real estate in Texas, the probate process determines how the property is legally transferred to heirs or beneficiaries before it can be sold. Below is a step-by-step breakdown of the probate process when selling an inherited property in Texas.

1. Determine if Probate is Required

• Probate is needed if the deceased owned the property solely in their name without a transfer-on-death deed, joint tenancy, or trust.

• Probate may not be needed if the property was co-owned with survivorship rights or if a valid Lady Bird Deed or Transfer on Death Deed (TODD) was in place.

2. File for Probate in Court

• The executor (named in the will) or an heir files an Application for Probate in the county where the property is located.

• If there is no will, Texas intestacy laws determine who inherits the property.

3. Validate the Will & Appoint Executor

• The court verifies the will’s validity (if one exists).

• The judge appoints an executor or administrator to manage the estate.

4. Identify & Notify Heirs & Creditors

• The executor must notify all heirs and creditors and settle any outstanding debts using the estate’s assets.

• Creditors have a limited time to file claims against the estate.

5. Obtain Court Approval to Sell the Property (If Required)

• If the will grants the executor “independent administration”, they can sell the property without court approval.

• If the will does not grant this authority (or if there’s no will), the executor must petition the court for permission before selling the property.

6. Sell the Inherited Property

• The property is listed for sale (off-market or on MLS).

• Buyers may require clear title, so the title company must confirm all probate steps are completed.

• The executor signs the deed transferring ownership to the buyer.

7. Distribute Proceeds & Close the Estate

• Sale proceeds are used to pay debts (if any).

• Remaining funds are distributed to heirs according to the will or Texas intestacy laws.

• The executor files a final accounting with the court to formally close probate.

How Long Does Probate Take in Texas?

• Simple probate (independent administration) → 3 to 6 months

• Complex probate (court-supervised) → 6 to 12+ months

Selling Without Probate: Affidavit of Heirship

If there’s no will, an Affidavit of Heirship may allow heirs to establish ownership without formal probate, making the sale process faster.

Conclusion

Selling an inherited property in Texas through probate can be straightforward if there’s a will and independent administration. Otherwise, court approval may be required, adding time to the process. Working with a title company familiar with probate sales is crucial to ensure a smooth transaction.

Navigating the probate process while trying to sell an inherited property can be overwhelming, but the Shepherd Home Buying Co. team specializes in streamlining and expediting probate property sales in Texas. Our experienced team works directly with title companies, probate attorneys, and court officials to help ensure a smooth transaction. Whether you need assistance clearing title issues, filing necessary paperwork, or selling the property quickly for cash, we handle the details so you don’t have to. Contact us today to learn how we can help you close quickly and efficiently!