Executor Selling Below Market Value in DFW: Local Rules

Short answer

In DFW, how much say a court has over an estate's sale price depends on the will and the county. Tarrant Probate Court No. 2 tells executors without will authority to seek a court order, Denton can grant sale power by consent, and a Tarrant sale application costs $59.

The statewide rules are in our Texas guide to executors selling below market value: there is no legal price floor, the executor owes the estate a prudent person's care, and in supervised cases a judge approves only a fair price. This page covers what changes when the estate sits in a Dallas-Fort Worth probate court, from local sale rules to the records an heir can pull.

The DFW courts that hear estate sale disputes

Probate courts in the four core counties: Tarrant County Probate Court No. 1, 817-884-1200, and Probate Court No. 2, 817-884-1415, both at the Tarrant County Courthouse, 100 W. Weatherford St., Fort Worth (call to confirm the courtroom) · Dallas County Clerk, Probate Courts Division, 600 Commerce St., 7th Floor, (214) 653-7099 · Collin County Probate Court, Russell A. Steindam Courts Building, 2100 Bloomdale Rd., McKinney · Denton County Probate Courts No. 1 and No. 2, 3900 Morse St., Denton

These courts read the same Estates Code, but their guides and policies show how each one approaches a sale. That matters most when a will says nothing clear about selling the house.

Tarrant Probate Court No. 2: a court order when the will is silent

Tarrant Probate Court No. 2 publishes a guide for independent executors. It says the power to sell should be addressed in the will. If the will does not specifically permit a sale of real estate and a sale becomes necessary, the guide says the executor's attorney must apply to sell under court order, citing Estates Code Sec. 356.251. It describes that as a multi-step procedure with posted notice that gives beneficiaries a chance to object. It also tells executors not to sign a sale contract before talking to their attorney.

That reading is narrower than the general power in Secs. 402.052 and 402.053, which let an independent executor sell without court approval and protect good-faith buyers in several situations. In practice, an executor in that court should ask the estate's lawyer which route applies before accepting any offer. For a beneficiary worried about a low price, the court-order route is helpful: it creates a posted notice period and a sworn report of the price.

The same guide reminds executors of two duties: care for estate property as a prudent person would and keep real property in good repair, and treat all beneficiaries and creditors fairly.

Denton County's probate courts publish policies for estates with a will. On power of sale, the policy notes that when the will has no sale language, the court can be asked for that authority under Sec. 401.006, and that all beneficiaries need to consent. For heirs, that consent is the moment of leverage. Once they agree to give the executor sale power, the executor can usually set the price without returning to court.

Collin County: every executor has a lawyer

The Collin County Clerk's probate page states that the Collin County Probate Court cannot appoint an executor or administrator who is not represented by a licensed attorney. A beneficiary who thinks a Collin County estate house sold too cheaply can therefore start by asking the executor's attorney for the offers and the reasons behind the chosen one. Tarrant Probate Court No. 2's guide also says an independent executor must be represented by an attorney throughout the process.

What a supervised sale costs to file

When a court order is needed, the filing fee is modest compared with the stakes. The Tarrant County Clerk's probate fee schedule effective January 1, 2026 lists:

Tarrant County probate filing	Fee
Application for sale of real or personal property (includes $24 citation by posting, $8 issuance, $2 judge's fee)	$59
Contest, adverse pleading or intervention	$120

Dallas, Collin and Denton post their own probate fee schedules. Confirm the current amount with the clerk before filing, since attorney fees and any appraisal will cost far more than the filing itself.

Checking a price against appraisal district values

Heirs often compare an offer with the appraisal district's number. Under Tax Code Sec. 23.01, appraisal districts value taxable property at market value as of January 1. That figure can lag the market or miss the condition of a house that has sat empty for months. Treat it as one reference point, alongside repair bids and actual offers.

Tarrant County houses: Tarrant Appraisal District
Dallas County houses: Dallas Central Appraisal District
Collin County houses: Collin Central Appraisal District
Denton County houses: Denton Central Appraisal District

Where to find the sale in the public record

Two kinds of records can show what happened:

The probate file. In a court-supervised sale, Sec. 356.551 requires a sworn report naming the buyer and price, filed with the clerk within 30 days of the contract. Tarrant Probate Court No. 1's page links to a Probate Court Records Search, and the Dallas County Clerk's probate division page lists a Probate Case Search.
The deed records. An independent executor who relies on a sworn affidavit under Sec. 402.053 must record it in the deed records of the county where the house sits. Search those through the Tarrant County Clerk's official records search or the Dallas County Clerk's Recording Division, at 500 Elm Street.

If a supervised sale is already reported, the window to act is short. Under Sec. 356.556, the court approves only a sale it finds is for a fair price, and its order has the effect of a final judgment.

A DFW executor's pricing checklist

Read the will for sale language, then ask the attorney whether your court expects an order.
Pull the appraisal district record for the house.
Get repair bids and at least one current value opinion.
Keep every written offer and note why you chose one.
Share the numbers with the beneficiaries before you sign.

When we buy an estate house in DFW

Cash Home Advisors is based in Fort Worth and buys houses across DFW, including estate houses that need work. We can close in 7–14 days and we pay all closing costs. The executor and the heirs see the full closing statement before signing, which gives everyone a clear record of the price and every deduction.

Request a cash offer, read about selling an inherited house, or see our pages for Fort Worth and Dallas.

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Frequently asked questions

What does Tarrant County charge to apply for a court-ordered estate sale?

The Tarrant County Clerk's probate fee schedule effective January 1, 2026 lists $59 for an application to sell real or personal property. That amount includes a $24 citation by posting, an $8 issuance fee and a $2 judge's fee.

Where can I look up a Tarrant County probate case?

Tarrant County Probate Court No. 1's page links to a Probate Court Records Search. In a court-supervised sale, the sworn report of sale is filed with the clerk, so it becomes part of the case file.

Can someone serve as executor in Collin County without a lawyer?

No. The Collin County Clerk's probate page says the Collin County Probate Court cannot appoint an executor or administrator unless that person is represented by a licensed attorney.

Is the TAD or DCAD value the price an estate house should sell for?

Not necessarily. Appraisal districts value property as of January 1 for tax purposes. The figure is a useful reference point, but a house's condition and the market at the time of sale can put the real price above or below it.

Sources

General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.