No Texas statute gives an executor a fixed number of months to sell a house. The deadlines sit around the sale: apply within four years of death, file the inventory before the 91st day after qualifying, and expect beneficiaries to demand an accounting after 15 months and seek distribution after two years.
Executors and the families waiting on them ask the same question: how long can a house sit in an estate before it must be sold? Texas law does not answer with a single number. What it does provide is a set of deadlines that run around the sale, and tools beneficiaries can use when an administration stalls.
This guide covers the statewide rules in the Estates Code. If the estate is in Tarrant, Dallas, Collin or Denton County, our DFW guide to executor timelines covers local court practice and filing fees. Every estate has its own facts, so talk with a Texas probate attorney before acting on any of this.
The short answer: no fixed sale deadline
Once a court issues letters, Estates Code Sec. 101.003 gives the executor or administrator the right to possess the estate and says the representative holds it in trust, to be disposed of according to law. Nothing in the code requires the house to be sold within a set number of months. Some estates never sell the house at all; it passes to the family under the will or the heirship rules.
The real limit is at the front end. Under Sec. 301.002(a), an application for letters testamentary or of administration generally must be filed within four years of the death. Our guide to time limits on inherited property covers that clock and its exceptions.
Independent or dependent: the choice that sets the pace
How quickly an executor can sell depends mostly on which kind of administration the court creates.
- Independent administration. A will can direct that nothing happen in probate court beyond probating the will and returning the inventory (Sec. 401.001). If the will does not say so, all the distributees can agree to an independent administration (Secs. 401.002 and 401.003). In an estate with no will, the court cannot appoint an independent administrator until a heirship proceeding has determined that the people asking are all the heirs (Sec. 401.003(b)).
- Dependent administration. The court supervises the estate. A will can require this by saying no independent administration may be allowed; the estate is then settled under the direction of the probate court, as Sec. 401.001(b) puts it. Supervision also applies when the will does not create an independent administration and the distributees do not agree to one.
Once an independent administration is created and the inventory or an affidavit in lieu of it is filed, Sec. 402.001 says no further action may be had in the probate court except where the code specifically provides for it. Sec. 402.002 lets an independent executor take, without a court order, any action a supervised representative could take with or without one.
Power of sale in an independent administration
Sec. 402.052 gives independent executors and independent administrators the same power to sell estate property as a supervised representative has, for the same purposes, but without court approval or the supervised procedures, unless a will limits it. Where a will is silent or unclear on sales, Sec. 401.006 lets the court include a power of sale in the appointment order if the distributees consent.
Buyers care about this too. Under Sec. 402.053, a buyer who is not an heir or devisee and acts in good faith need not look into the executor's authority if the will grants a power of sale, the appointment order grants one, or the executor records a sworn affidavit that the sale is necessary or advisable for a purpose listed in Sec. 356.251(1). In those cases, heirs do not have to sign the deed for the buyer to get the estate's title.
The calendar after the executor is appointed
| Deadline | What is due | Section |
|---|---|---|
| Before the 21st day after the order granting letters | Executor takes the oath | 305.003 |
| Within one month of receiving letters | Published notice to creditors | 308.051 |
| Within two months of receiving letters | Notice to secured creditors, such as the mortgage lender | 308.053 |
| By the 60th day after the will is admitted | Notice to beneficiaries named in the will | 308.002 |
| By the 90th day after the will is admitted | Affidavit or attorney certificate that notices were given | 308.004 |
| Before the 91st day after qualifying | Inventory, appraisement and list of claims, or an independent executor's affidavit in lieu | 309.051, 309.056 |
| By the 60th day after the first anniversary of qualifying | Annual account in a dependent administration | 359.001 |
| After 15 months from first letters | Interested persons may demand a sworn accounting from an independent executor | 404.001 |
| After two years from first letters | Interested persons may petition for an accounting and distribution | 405.001 |
How a court-supervised sale works
In a dependent administration, Sec. 356.001 says estate property may not be sold without a court order, unless the chapter provides otherwise. One exception matters a lot: if the will authorizes the executor to sell, Sec. 356.002 says no court order is needed to authorize the sale. Otherwise, the steps are:
- Application. The representative applies for an order of sale, showing the sale is necessary or advisable to pay expenses and claims, or that selling the real estate interest is in the estate's best interest (Sec. 356.251). The application includes a sworn exhibit on the estate's condition (Sec. 356.252).
- Citation and objections. The clerk issues a citation by posting to everyone interested in the estate (Sec. 356.253), and anyone interested may file a written opposition (Sec. 356.254). A hearing is required only if someone objects, though the court may hold one anyway (Sec. 356.255).
- Order of sale. The order states the property, whether the sale is public or private, the purpose, the bond findings and the terms (Sec. 356.256).
- Report of sale. The representative files a sworn report no later than the 30th day after the property goes under contract (Sec. 356.551). After five days, the court reviews it (Sec. 356.552).
- Approval and deed. If the court finds the price fair and the sale proper, it approves the sale and authorizes the deed (Sec. 356.556). That order has the effect of a final judgment.
When an executor drags it out
Beneficiaries are not stuck waiting forever.
- Accounting at 15 months. Sec. 404.001 lets any interested person demand a sworn accounting from an independent executor showing the property received, what was done with it, debts paid and still owing, and what remains.
- Distribution at two years. Under Sec. 405.001, the court can order an accounting and then order the estate distributed unless it finds a continued need for administration. If property cannot be divided without a sale or partition, the court may order that, or order distribution in undivided interests.
- Removal. Sec. 404.0035 lets a court remove an independent executor who fails to file the inventory or affidavit in lieu before the 91st day, fails to make a required accounting, or is proved guilty of gross misconduct or gross mismanagement.
- Supervised estates. If a dependent representative neglects to seek a sale needed to pay approved claims, an interested person can have the representative cited to show cause (Sec. 356.601). And Sec. 362.002 lets an interested person act to compel settlement of a supervised estate after any period of time if the record does not show it closed.
Closing the estate
A supervised administration is to be settled and closed when known debts are paid, as far as the assets allow, and no further need for administration exists (Sec. 362.001). An independent executor may file a closing report or notice of closing once debts are paid, no litigation is pending and the remaining assets are distributed (Sec. 405.004). Sec. 405.012 says those closing steps are optional, which is one reason some estates stay technically open for years.
Selling the house when the executor is ready
Once the executor has authority to sell, the closing itself does not need to take long. Cash Home Advisors pays all closing costs and can close in 7–14 days, and every number appears on the closing statement before anyone signs.
Ask for a cash offer, read how our process works, or see our page on selling an inherited house in Texas. More probate guides are in our inherited property section.
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Frequently asked questions
Is there a deadline for a Texas executor to sell the house?
Not a fixed one. The Estates Code sets deadlines for steps around a sale, such as notices to creditors within one month of receiving letters (Sec. 308.051) and the inventory before the 91st day after qualifying (Sec. 309.051), but it does not set a date by which estate real estate must be sold.
Does an independent executor need court approval to sell?
Generally no. Estates Code Sec. 402.002 lets an independent executor take, without a court order, any action a court-supervised representative could take, and Sec. 402.052 gives independent executors and administrators the same power of sale without court approval, unless a will limits it.
What can beneficiaries do if the executor will not sell or distribute?
After 15 months from the first letters, any interested person may demand a sworn accounting from an independent executor (Sec. 404.001). After two years, an interested person may petition the court for an accounting and distribution (Sec. 405.001). A court can also remove an independent executor for reasons listed in Sec. 404.0035, such as gross mismanagement.
How long does a court-supervised sale take in Texas?
Chapter 356 sets the steps rather than a total time: an application, citation by posting, a hearing if anyone objects, an order of sale, a sworn report within 30 days after the property goes under contract, and a court order approving the sale after at least five days.
Sources
- Texas Estates Code, Chapter 401 (creation of independent administration)
- Texas Estates Code, Chapter 402 (Secs. 402.001, 402.002, 402.052, 402.053)
- Texas Estates Code, Chapter 404 (Sec. 404.001 accounting; Sec. 404.0035 removal)
- Texas Estates Code, Chapter 405 (Sec. 405.001 accounting and distribution; closing)
- Texas Estates Code, Chapter 356 (sale of estate property)
- Texas Estates Code, Chapter 309 (Sec. 309.051 inventory; Sec. 309.056 affidavit in lieu)
- Texas Estates Code, Chapter 308 (notices to beneficiaries and creditors)
- Texas Estates Code, Chapter 305 (Sec. 305.003 oath)
- Texas Estates Code, Chapter 359 (Sec. 359.001 annual account)
- Texas Estates Code, Chapter 362 (closing a supervised administration)
- Texas Estates Code, Chapter 301 (Sec. 301.002 period for filing)
- Texas Estates Code, Chapter 101 (Sec. 101.003 possession by representative)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.