Can an executor sell a house during probate in Texas? What they can sign, and when

Who can sign: independent or dependent administration

Everything turns on what kind of administration the court opened. Many Texas wills ask for an independent executor, and that makes selling simple.

	Independent administration	Dependent administration
Who signs the deed	The independent executor or administrator, once the court issues letters	The administrator, after the court confirms the sale
Court approval of the sale	Not needed, unless the will limits the power of sale (§402.052)	Needed twice: an order allowing the sale, then an order confirming it
What the contract says	An ordinary TREC contract	That the sale depends on the court’s approval
Extra paperwork	The title company asks for certified letters	A report of the sale filed with the court, and in Ellis County a certified appraisal

How a dependent sale moves through the court

Ellis County’s probate court publishes its steps, and the other DFW courts follow the same statutes (Ellis County guide):

1. The administrator applies to sell, and notice goes out to everyone with an interest.
2. If nobody objects in time, Ellis County’s court generally signs the order to sell without a hearing.
3. The administrator signs a contract that depends on the court’s approval.
4. The administrator files a report of the sale, which must sit on file for five days before the court can act.
5. The court confirms the sale if the price is fair. Ellis County requires a certified appraiser’s appraisal for that; a broker’s opinion letter isn’t enough.
6. Then the sale closes like any other.

We sign contracts that depend on court approval, and we wait while the court does its part.

What we do for an executor

We buy the house as-is, with whatever is still inside it, so the estate doesn’t front repairs or a cleanout. We send the same written sheet to the executor, every heir and the estate’s attorney at the same time: our cash offer, what it should list for, and a fix-then-list number. If listing nets the estate more, the sheet says so, and we can list it. The mortgage, back taxes and closing costs come out of the price at closing, and out-of-state heirs can sign by mail or remote online notary where the title company allows it.

Questions executors ask

Can the executor sell without every heir agreeing?

An independent executor can, unless the will limits the power of sale (§402.052). It still goes better when every heir sees the same numbers, which is why the sheet goes to all of them.

Is there a deadline to start probate?

Generally four years from the death to probate a will, and no executor can be appointed after that unless the application was filed in time (Estates Code §256.003). If there’s no will or the deadline passed, see selling an inherited house for the other ways heirs prove ownership.

Does the house have to be fixed before the court approves the sale?

No. The court looks at whether the price is fair for the house as it is, which is why the appraisal matters in a dependent sale.

Which court handles probate in DFW?

The court in the county where the owner lived. The counties we buy in and their probate courts are on Areas we serve.

Do we need a probate attorney?

To open probate, yes in practice. If the family doesn’t have one, the State Bar of Texas Lawyer Referral & Information Service can help. We’re not lawyers and won’t act like it.