Selling a House in Probate in Texas

For many families in San Antonio and surrounding areas, the home is the most valuable asset in the estate. Once the court issues Letters Testamentary or Letters of Administration, the personal representative has legal authority to move forward — but probate sales in Texas involve steps that differ from traditional real estate transactions.

The Legal Authority to Sign

Title companies must verify your authority before contracts are signed.

Independent Executor: May sign without court approval (Texas Estates Code Chapter 401).

Administrator: Authority depends on court appointment order.

The Seller’s Disclosure Exemption

Executors and administrators are generally exempt from the Seller’s Disclosure Notice (Texas Property Code §5.008(e)).

Pricing the Property Responsibly

Obtaining a CMA or appraisal helps demonstrate fair market value and fiduciary responsibility.

Independent vs. Dependent Sales

Dependent administrations may require court approval before closing (Texas Estates Code Chapter 356).

What Happens at Closing

• The deed is signed by the executor or administrator
• Funds are deposited into the estate account
• Mortgages and liens are paid at closing

Educational Note

This article is for general educational purposes only and does not constitute legal advice.