Seller guide · 8 min read
Probate and selling a house in Harris County.
The house is usually the biggest thing in an estate, and it's the thing that can't be sold until someone has legal authority to sign. This guide explains the main Texas routes to that authority and how each one affects a sale.
The courts
Where probate happens
General information for Texas homeowners, not legal, tax, or financial advice. Laws change and every situation differs — confirm with a Texas attorney, title company, or tax professional.
Harris County has four statutory probate courts that handle wills, administrations, and heirship determinations. Probate generally must be opened in the county where the decedent lived. Texas requires a will to be probated within four years of death in most cases; after that, it can usually only be used to establish title (a "muniment of title") rather than to appoint an executor.
Texas probate is often simpler than in other states because of independent administration, which lets an executor act without court approval for most steps — including selling real estate — once appointed.
Routes
The main ways to get authority to sell
Will + independent administration
The court admits the will and issues Letters Testamentary. An independent executor can sell the house and sign the deed without further court orders. Fastest route when there's a valid will.
Muniment of title
For a will with no debts (other than a mortgage) and no need for an administration: the court admits the will as evidence of title, and the beneficiaries can sell as owners. Common for older deaths.
No will — administration
The court determines heirs and may appoint an administrator (independent, if all heirs agree). The administrator can then sell. Requires a heirship proceeding with a court-appointed attorney ad litem.
No will — affidavit of heirship
Heirs sign a sworn statement of the family history, witnessed by two disinterested people, and record it in the county property records. No court. Many title companies accept it — sometimes only after it has been on record for a period — and may require all heirs to sign the deed.
Small estate affidavit
For estates under the statutory limit with no will. Can transfer a homestead to the surviving spouse or minor children in limited cases; it generally doesn't work for selling other real property.
Transfer-on-death deed / survivorship
If the owner recorded a transfer-on-death deed, or held title with a right of survivorship, the beneficiary or survivor can usually sell after recording an affidavit of death and a death certificate — no probate needed.
Timing
When can the house actually be sold?
Someone with authority — an executor, administrator, all heirs under an accepted affidavit, or a TOD beneficiary — must sign the deed. Until then, you can prepare: get an offer, sign a contract subject to obtaining authority, and gather the documents the title company will need. Once Letters issue or the affidavit is accepted, closing can be scheduled.
Dependent administrations (where the court supervises) require a court order to sell and a report of sale afterward, which adds weeks. Independent administrations don't.
Money
Debts, taxes, and dividing proceeds
- The mortgage, delinquent property taxes, and liens are paid from the sale proceeds at closing, as in any sale
- Estate debts (medical, credit cards) are generally paid by the estate before distribution; in an independent administration, the executor handles this
- Property taxes continue to accrue, and the homestead exemption may not carry over — check HCAD
- Inherited property generally gets a stepped-up basis at date of death for federal capital-gains purposes, so a prompt sale often has little taxable gain; Texas has no state income tax
- The title company disburses proceeds to the estate or directly to heirs in the shares the executor or heirship documents specify
Common problems
What slows an estate sale down
An heir who won't sign or can't be found
All owners generally must join in a sale. Options include a buyout, a court order, or a partition action. A probate attorney can advise.
A deed still in a long-deceased relative's name
Sometimes the house was never transferred after a grandparent died. That may require multiple heirship affidavits or administrations, one per generation.
Debts exceeding the value
If the mortgage and liens exceed the value, the estate may need to consider a short sale or letting the lender foreclose. Talk to an attorney before spending money on probate.
A house full of belongings
Cleanout isn't a legal step, but it's often what stalls families. You don't have to clean out to sell to us.
FAQ
Questions sellers ask
How much does probate cost in Harris County?
Filing fees, attorney's fees, and (in heirship cases) an attorney ad litem fee. It varies widely; a probate attorney can quote your situation. An affidavit of heirship or muniment of title is typically much less than a full administration.
Can we sell before probate is finished?
You can contract and prepare, but someone with authority must sign the deed at closing. With independent administration, that's as soon as Letters issue.
Do out-of-state heirs have to come to Houston?
No. Court appearances can often be handled by your attorney, and closing documents can be signed remotely with a notary.
Will you buy a house that's still in probate?
Yes — we regularly work with executors and heirs and line up the closing to follow the court's timeline.