When you are named an Executor in a Texas probate case, your duties include everything from inventorying assets to settling debts. Often, the most valuable and complicated asset is real estate. Whether it’s a family home or investment property, selling involves specific legal steps.

Knowing whether you need a court order or how to handle title can mean the difference between a smooth closing and a year of legal delays. Here is what every Texas Executor needs to know before listing a property.

Independent vs. Dependent Administration: Your Authority to Sell

The first and most critical factor is the type of probate administration granted by the court:

• Independent Administration (The Texas Standard): This is the most common and streamlined probate process. If the Will names you as an Independent Executor and grants you a “power of sale” (or if the court grants it by agreement), you have broad authority. In most cases, an Independent Executor can sell real estate without a specific court order, provided the sale is in the best interest of the estate (e.g., to pay debts or distribute funds). This simplifies the process immensely.
• Dependent Administration (Court Supervised): If the probate estate is handled under dependent administration (often when there is no Will or heirs can’t agree), the Executor must seek and obtain court approval for almost every major action, including the sale of real estate. This involves filing an application, appraisal, and potentially a court hearing to confirm the sale. This route is slower and more costly.

 

Must You Get Approval from Heirs to Sell?

 

In many cases, an Independent Executor in a Texas probate does not need the consent of the beneficiaries to sell property if the sale is necessary or advisable for the proper administration of the estate.

As the Executor, your legal duty is to the estate as a whole, not just to satisfy one heir. If the sale is required to pay valid debts, taxes, or administration expenses, you typically have the authority to move forward, even over objections, provided you act in good faith. However, seeking heir consensus is always advisable to prevent later conflict or litigation.

 

Critical Steps for a Texas Executor Selling Real Estate

 

1. Obtain Letters Testamentary: Before you can sign a listing agreement or a deed, you must be officially appointed by the Texas probate court and have your Letters Testamentary.
2. Appraise the Property: You must ensure the property sells for its fair market value. An appraisal is crucial for both fiduciary duty and tax purposes.
3. Hire a Team: Work with a Texas probate attorney and a realtor who is experienced with probate sales. They understand the necessary deed language and title company requirements specific to an estate.
4. Manage the Proceeds: All sale proceeds must be deposited into the estate account, not your personal account. These funds will then be used to pay estate liabilities before any distribution to heirs.

 

Don’t Navigate the Probate Sale Process Alone

 

Selling a property while grieving and managing an estate is stressful enough without adding the complexity of Texas probate law. Whether you are dealing with a seamless Independent Administration or a court-supervised Dependent process, having experienced legal guidance ensures you meet all your fiduciary duties and secure a clean, efficient sale.

If you are an Executor responsible for selling Texas real estate during probate, a Texas probate attorney will help you navigate the process, clear title, and protect the best interests of the estate and its beneficiaries. This message is intended for general information and not intended as legal advice. The Law Office of Robert Newton is a law firm in Frisco, Texas, focusing in the areas of business, real estate, estate planning, and probate.