Selling a House in Probate in Texas

What probate has to do with the deed

Independent administration is administration the court does not supervise day to day; dependent administration is supervised, the representative acting under the court's direction. Letters are the court's written authority to act, and in Harris County letters testamentary come only after a hearing admitting a will to probate and on the representative's qualification (Harris County Clerk probate FAQ, read 2026-10-27).

Can the executor sell without the court's permission?

In an independent administration, yes, unless the will limits the power: the executor has the same power of sale for the same purposes as a supervised representative, without the requirement of court approval, and the supervised procedural requirements do not apply (Texas Estates Code §402.052, read 2026-10-27).

The buyer is protected too: a purchaser who is not a devisee or heir need not inquire into the power of sale if it deals in good faith and the power is granted in the will, in the appointing order, or by an executor's affidavit recorded in the county deed records that the sale is necessary or advisable for a purpose listed in §356.251(1) (Texas Estates Code §402.053, read 2026-10-27).

What does the court have to approve in a dependent administration?

1. Application, written and describing the property, with an exhibit verified by affidavit showing the estate's condition, the claims approved or rejected and their amounts, and the property liable for them; grounds are expenses of administration, funeral and last-illness expenses, allowances and claims, or disposing of an interest in real property in the estate's best interest (Texas Estates Code §356.252, §356.251, read 2026-10-27).
2. Citation to all interested persons, served by posting, with the right to oppose in the period it prescribes (§356.253, §356.254), then an order of sale if the court is satisfied the sale is necessary or advisable, specifying the property, public or private sale, purpose and terms (Texas Estates Code §356.253, §356.254, §356.256, read 2026-10-27).
3. Confirmation if the sale is for a fair price, properly made and in conformity with law; the order authorizes conveyance on the purchaser's compliance, and if the court is not satisfied it sets the bid aside (Texas Estates Code §356.556, read 2026-10-27).

A private sale contract is made in the manner the court directs in the order of sale (§356.451, read 2026-10-27), so here the court, not the family, sets the method.

What if the will was probated as a muniment of title?

A muniment of title admits a will to probate without an administration, when the estate owes no unpaid debt other than a debt secured by a lien on real estate, or the court finds another reason there is no need for administration (Texas Estates Code §257.001, read 2026-10-27).

It lets the person entitled under the will deal with the property as if record title were vested in that person's name, and lets anyone who owes the estate money, holds its property or buys from it act without administration (§257.102, read 2026-10-27).

It appoints no executor and creates no letters, so the people the will names sign, and the title company says what it needs. Administration later is still possible within four years of the death (§257.151, §257.054, read 2026-10-27).

Is a small estate affidavit enough to sell the house?

Usually not for the house: the route needs no will and no administration, and reaches real property in one case.

When there is no will, the distributees may take the estate without an appointment if 30 days have passed since the death, no petition for an appointment is pending or granted, the assets other than homestead and exempt property do not exceed $75,000, and the judge approves their affidavit (Texas Estates Code §205.001, §205.003, read 2026-10-27). Two disinterested witnesses and each distributee with legal capacity swear to it, listing the assets, the distributees and the family facts (§205.002, read 2026-10-27).

On real property the chapter is explicit: except as provided by §205.006, it does not transfer title to real property (§205.008, read 2026-10-27). The one exception is a homestead that is the only real property in the estate, which passes under an affidavit recorded in the county deed records, on which a bona fide purchaser may rely (§205.006, read 2026-10-27).

Otherwise the house needs an administration, or an affidavit of heirship the title company accepts: a sworn family history recorded in the deed records, and prima facie evidence of the family facts after five years of record (Texas Estates Code §203.001, read 2026-10-27). Read how an affidavit of heirship works in Texas.

How long does it take in Harris County?

• A probate application must ordinarily be filed within four years of the death, and letters testamentary or of administration cannot ordinarily be authorized more than four years after it (Harris County Clerk probate FAQ, read 2026-10-27).
• There is no specific time for which an estate can remain open, so the docket sets the date (Harris County Clerk probate FAQ, read 2026-10-27).

What you control is the order of work: the title company's requirements in writing, and a contract ready before the hearing.

Where do Harris County filings go?

Harris County has five probate courts: No. 1 and No. 2 at 201 Caroline, 6th floor; No. 3 and No. 4 at 201 Caroline, 7th floor; and No. 5 at 1115 Congress Street, 5th floor (probate.harriscountytx.gov, read 2026-10-27).

Filings go to the Harris County Clerk's Probate Department, 201 Caroline, Suite 800, Houston, Texas 77002, weekdays, 8:00 a.m. to 4:30 p.m., with a late filing drop box outside the entrance; attorneys e-file through EFileTexas.gov (Harris County Clerk, read 2026-10-27).

Can the house be sold before probate is opened?

The statutes above cover sales by an appointed representative or by the people a will names. Whether a title company will close on a contract signed before an administration is opened is its decision, so ask in writing who must sign and what it needs to see.

How HTX Sell My House fits in

If the house is in the Houston ZIP codes we work in and the family has decided to sell, there are two ways with us. We buy it: we make an offer and close once the title company can insure the sale, and no repair is needed to get a number. We take it to the builders for you: for an older house on a good lot, we bring it to the builders buying there and you take the best offer, with one contract. Either way you pay nothing to talk to us, and you see the buyer's name before you sign.

Not us, and worth comparing: a listing agent, other cash buyers, instant-offer companies, or keeping the house. If another route nets you more, we say so.

An assistant answers the phone and takes the details, and Susan or Alex calls back within one business day: (346) 752-6836. Tell us about the house. For siblings who disagree and heirs out of state, read selling an inherited house in Houston, or start at the home page.

This page is general information, not legal advice. HTX Sell My House is not a law firm and does not prepare probate filings.

Questions people ask