Once a Texas estate is open, the executor or administrator signs the sale. This guide covers the closing side: letters as proof, a contract made subject to court approval, cash, credit or assumption terms, the bond check, the deed that cites the court's order, the lender's election and recording.
This is general information, not legal advice. Wills, courts and lenders differ from one estate to the next, so have a Texas probate attorney guide the estate's side of the sale.
The short answer: two ways an estate house is sold
In Texas, once a probate court appoints an executor or administrator, that person signs the contract and the deed for the estate. An independent executor can usually sell without court approval unless the will limits that power (Estates Code Sec. 402.052; see selling without beneficiary approval), while in a dependent, court-supervised administration a sale needs a court order unless Chapter 356 provides otherwise (Sec. 356.001), and the judge reviews and approves the signed contract before the deed is delivered; see how long an executor has to sell a house.
If the will itself authorizes the sale (Sec. 356.002), ask a probate attorney which court steps still apply. No one appointed yet? Start with how to get heir property in your name.
Letters: the paper that proves who can sign
The representative's authority is shown by letters: letters testamentary for an executor named in a will, or letters of administration for an administrator the court appoints. Under Estates Code Sec. 306.005, they are a certificate from the clerk of the granting court, attested by the court's seal, stating that the representative has qualified as the law requires, the date of qualification and the decedent's name. Sec. 306.007 makes letters issued that way sufficient evidence of the appointment, the qualification and its date.
Put the representative's name and title on the purchase contract exactly as the letters show them. Need another copy for closing? Under Sec. 306.006, the clerk issues additional letters whenever the holder asks.
Signing the purchase contract
In a court-supervised estate, the sale guide from Ellis County Court at Law No. 1, one court's practice, says its order of sale only authorizes the search for a buyer and that the contract should state it is contingent on court approval. Ask the estate's attorney what your court expects.
In a court-ordered sale, the signed contract starts a deadline. Sec. 356.551 requires a sworn, written report to the court no later than the 30th day after the house is placed under contract, giving the order's date, the property, the contract date, the buyer, the price and terms, auction or contract, and whether the buyer is ready to comply with the order of sale.
That last item is one reason to settle proof of funds and earnest money before the executor signs. An independent sale needs no report, because supervised-sale procedures do not apply (Sec. 402.052); instead, Sec. 402.053 spares a good-faith buyer who is not a devisee or heir from looking into the executor's power of sale when one of its three conditions is met, as our beneficiary-approval guide explains.
How the buyer can pay: cash, credit or taking over the loan
Texas probate sales are not cash-only by law. Sec. 356.301 allows a sale "for cash, part cash and part credit, or the equity in land securing an indebtedness may be sold subject to the indebtedness, or with an assumption of the indebtedness," as appears to the court to be in the estate's best interest.
- Full price at closing. If the buyer pays the whole price at funding, the estate holds no note, whether the buyer's money came from savings or a loan.
- Part credit. The deed must expressly keep the vendor's lien, and the buyer signs vendor's lien notes and a deed of trust before delivery (Sec. 356.558(b)).
- Subject to, or assumed. The existing loan stays in place while the buyer takes the estate's equity. Sec. 356.301 does not speak to the lender's own loan terms, so ask a probate attorney to review them before the contract is signed.
Chapter 356 has no "90 percent of appraisal" rule and no other minimum price set as a percentage of value. For price and the Sec. 356.302 credit minimums, see whether an executor can sell below market value.
The hearing and the bond check
After the report has been on file five days, Sec. 356.552 has the court inquire into how the contract was made, hear evidence, and check the representative's general bond, if one was required.
- No general bond. The court may approve a satisfactory, lawful sale (Sec. 356.553).
- A general bond. If the bond will not protect the estate once the sale money arrives, there is no approval until it is raised, or an additional bond is given and approved; the increase or added bond equals the sale price plus any extra the court sets (Sec. 356.554).
- The lienholder buys. No larger bond may be required when the house goes to a secured creditor in full satisfaction of its claim, except for any cash the estate receives above the claim (Sec. 356.555).
One court's practice, not a statewide rule. Ellis County Court at Law No. 1's sale guide asks counsel to state the expected price by letter with the proposed order of sale, so a bond increase does not delay the approval and the closing. It also requires a certified appraisal; a broker's opinion letter "will not suffice," because the agent is usually an interested party.
The approval test is in Sec. 356.556: a price the court finds fair (see our below-market-value guide), a sale properly made, and conformity with the law.
The order, the deed and delivery
If satisfied, the court signs an order under Sec. 356.556(a) that approves the sale, shows conformity with Chapter 356, details the terms, and authorizes the representative to convey once the buyer complies. If not, it sets the contract aside.
People call the result an "executor's deed" or "administrator's deed." In a court-approved sale, Sec. 356.557 requires the deed to refer to and identify the approval order. That deed vests the estate's title in the buyer and is prima facie evidence that the sale met the law. Under Sec. 356.558, the representative must promptly sign and deliver it once the buyer complies, and on a part-credit sale must also record the buyer's deed of trust in the county where the land sits.
An independent sale has no approval order to cite, so settle the deed form and the proof of authority with the title company early.
The mortgage while the estate sells
Under Sec. 355.151, a secured lender presenting a claim picks a matured secured claim, paid in due course of administration, or a preferred debt and lien, paid under the loan contract. Even then, Sec. 355.151(b) lets the representative pay a preferred lien before maturity if that payment is in the estate's best interest, for example from the sale proceeds at closing. In an independent administration, Sec. 403.052 sets a similar election, which a lender secured by land must also record in the county deed records, and the same early-payment option.
A lender that does not choose in time is treated as holding a preferred lien (Sec. 355.152); see when heirs get paid after the house sells. If payments lapse, Sec. 355.155 and Sec. 403.054 control when the lender can force a sale, as stopping foreclosure on an inherited house explains.
What the title company will ask the executor for
The statutes above point to the core papers: letters for the appointment (Sec. 306.007); in a court-supervised sale, the approval order and a deed that cites it (Sec. 356.557); and in an independent sale, a power of sale in the will, one granted in the order appointing the executor, or a recorded Sec. 402.053 affidavit. Each title company decides what it will require before insuring the buyer's title, so get its list before the contract is signed.
Under Property Code Sec. 12.001(b), a deed can be recorded only if it is acknowledged before an officer such as a notary, or signed and acknowledged in front of two or more credible subscribing witnesses. Since December 4, 2025, anyone presenting a deed in person for recording must also show the county clerk photo ID.
Fees and carrying costs
- The Dallas County Clerk's 2026 probate fee schedule lists an Application for Sale of Real Property, filed as a pleading within a probate matter, at $55 with order and posting fees included; the schedule says when its pleading fees apply.
- The Tarrant County Clerk's 2026 probate cost list lists an Application for Sale of Real or Personal Property at $59, including a $24 citation by posting, $8 issuance and a $2 judge's fee.
Add any bond increase (Sec. 356.554) and the monthly carry of loan, taxes, insurance and utilities, which our holding cost calculator totals.
When heirs disagree or the estate stalls
If a family member refuses to sell, see when a sibling won't sell or forcing the sale of inherited property. If beneficiaries object, read whether an executor can sell without their approval. If the executor is slow, see how long an executor has and the time limit to sell inherited property.
Selling an estate house to Cash Home Advisors
Cash Home Advisors buys houses in Dallas–Fort Worth, Houston, San Antonio and Austin, and our purchase does not depend on a bank loan. We pay all closing costs, and you can sell as-is, no repairs. An estate sale can close only after letters issue in an independent administration or, when the court must approve the sale, after it signs the approval order; once the estate's paperwork is in place, we can close in 7–14 days.
If the estate would rather list, compare the ways to sell, or read about selling an inherited house in Texas.
Frequently asked questions
Are probate sales cash only in Texas?
No. Estates Code Sec. 356.301 allows estate real estate to be sold for cash, for part cash and part credit, or subject to an existing loan or with the buyer assuming it, at a public or private sale, as the court finds in the estate's best interest. A sale partly on credit has its own minimums in Sec. 356.302: at least one-fifth of the price in cash and a note bearing at least four percent interest, which our guide on selling below market value covers.
Can the executor sign a contract before the court approves the sale?
Yes. In a court-supervised estate, the statutes place the contract after the order of sale and before the approval: Sec. 356.451 lets the representative contract for a private sale in the manner the order of sale directs, Sec. 356.551 requires a sworn report of the contract to the court, and the court then approves it or sets it aside under Sec. 356.556. One court, Ellis County Court at Law No. 1, tells counsel to note in the contract that it is contingent on court approval. An independent executor generally signs and sells without court approval (Sec. 402.052).
What does the deed in a court-approved probate sale have to say?
Under Estates Code Sec. 356.557, the deed must refer to and identify the court order approving the sale. That deed vests in the buyer all of the estate's right, title and interest in the property, and it is prima facie evidence that the sale met the legal requirements. If part of the price is on credit, Sec. 356.558(b) requires the vendor's lien to be expressly retained in the deed.
What does the title company need to sell a probate house?
Each title company sets its own list before it will insure the buyer's title, so ask for it before the contract is signed. The statutes point to the core papers: letters testamentary or of administration, which Estates Code Sec. 306.007 makes sufficient evidence of the appointment; in a court-supervised sale, the order approving the sale and a deed that refers to it (Secs. 356.556 and 356.557); and in an independent sale, a power of sale in the will or in the order appointing the executor, or a sworn affidavit recorded under Sec. 402.053.
Sources
- Texas Estates Code, Chapter 306 (Secs. 306.005, 306.006 and 306.007 letters testamentary and of administration)
- Texas Estates Code, Chapter 356 (Secs. 356.001, 356.002, 356.301, 356.302, 356.451 and 356.551-356.558 sale of estate property)
- Texas Estates Code, Chapter 355 (Secs. 355.151, 355.152 and 355.155 secured claims)
- Texas Estates Code, Chapter 402 (Secs. 402.052 and 402.053 independent power of sale and buyer protection)
- Texas Estates Code, Chapter 403 (Secs. 403.052 and 403.054 secured claims in an independent administration)
- Texas Property Code, Chapter 12 (Sec. 12.001 recording, including the photo ID rule effective December 4, 2025)
- Ellis County Court at Law No. 1, Process for the Sale of Real Property in a Dependent Administration or Guardianship (updated June 2026)
- Dallas County Clerk, Probate Filing Fees, effective January 1, 2026
- Tarrant County Clerk, Probate Courts of Tarrant County Cost List, effective January 1, 2026
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.