Probate might be one of the most misunderstood—and dreaded—parts of handling a loved one’s estate. But if you’ve inherited a home in Texas, knowing what to expect from the probate process can save you time, money, and stress.
Whether you’re the executor of a will, an heir to property, or simply trying to understand how to sell a house in probate, this complete guide breaks down every step, what’s required of you, and how to avoid common pitfalls.
What Is Probate?
Probate is the legal process of validating a will and distributing a deceased person’s assets according to their wishes—or, if no will exists, based on Texas intestacy laws.
In Texas, real estate like a house can’t legally be transferred or sold until the probate process is underway or completed (unless the home was in a trust, joint tenancy, or transfer-on-death deed).
Overview: Probate Timeline in Texas
- Filing the will: 1–2 weeks
- Court hearing and executor appointment: 2–4 weeks
- Inventory and debt resolution: 60–120 days
- Property sale (if needed): 2–6 months
- Final distribution and closing: 4–12 months total
Step-by-Step: The Probate Process for a House in Texas
1. File the Will and Probate Application
The first step is filing the deceased’s will and an application for probate in the county where they lived.
2. Notify Heirs and Creditors
The court notifies beneficiaries, potential heirs, and creditors, giving them time to contest the will or submit claims.
3. Probate Hearing and Executor Appointment
A judge reviews the will, confirms validity, and appoints the executor or administrator. The executor receives Letters Testamentary, granting legal authority to act for the estate.
4. Inventory and Appraisal of the Estate
The executor files a detailed inventory of the estate’s assets within 90 days, including the house and other property.
5. Pay Debts, Taxes, and Liabilities
The executor must pay credit card debt, taxes, medical bills, and more. If needed, they may sell the house to cover debts.
Selling a House During Probate in Texas
Independent Administration
No court supervision required for the sale. The executor can sell the house just like any regular real estate transaction.
Dependent Administration
Requires full court oversight. Executor must file petitions, get approval for the buyer and price.
Selling an Inherited House in Texas Without Court
Common Questions About Probate Sales in Texas
How long does probate take in Texas?
Simple estates may finish in 4–6 months. Complex ones can take 12+ months.
Can I live in the house during probate?
Yes, but if there are multiple heirs, occupancy may require agreement among all parties.
What happens if there’s no will?
The estate is divided according to Texas intestate succession laws.
Do I need a lawyer?
Not required, but strongly advised to avoid delays and ensure legal compliance.
Selling the Probate Property for Cash
Working with local cash home buyers can simplify the process, especially if:
- The home needs repairs
- You want to avoid realtor commissions
- You need a faster close
Get a Free Probate Cash Offer in Texas
Final Steps: Distributing Assets and Closing the Estate
Once debts are paid and property is sold or distributed, the executor files a final report. After court approval, the estate is officially closed.
Summary: Probate Doesn’t Have to Be Overwhelming
- ✔️ File the will and start probate
- ✔️ Appoint executor and notify parties
- ✔️ Inventory and pay debts
- ✔️ Decide whether to sell property
- ✔️ Distribute remaining assets
- ✔️ Close the estate
Helpful Links
- Inherited Property in Texas
- Selling Your House As-Is in Texas
- Contact Us
- Texas Probate Real Estate Guide
- Do You Need a Lawyer to File Probate in Texas?