Probate in Texas and the House

Real estate investors · Updated 2026-10-16

Probate in Texas and the House

Information, not legal advice. Laws change; check the current statute or rule and talk to a Texas attorney before you act.

When an owner dies, the house does not sell itself. Someone has to gain the legal power to sign a deed, and a title company has to be satisfied that the right people are signing. In Texas, that usually runs through probate court under the Estates Code. Texas probate is simpler than in many states, but the path you take changes how fast a house can be sold and who must sign.

This article covers the main Texas routes when there is a will, plus the basics when there is not. For the no-court options, see affidavits of heirship and small estates.

The first question: is there a will?

Independent administration (the Texas default for most estates)

Texas lets an estate be settled with very little court supervision. A will can say that nothing else should happen in probate court beyond probating the will and filing an inventory (Estates Code §401.001). If the will names an executor but doesn't say this, all the beneficiaries can agree to it (§401.002). With no will, all the heirs can agree to an independent administrator (§401.003).

Why it matters to a buyer: an independent executor or administrator generally has the same power to sell estate property as a court-supervised representative, without court approval (Estates Code §402.052). If the will gives a power of sale, or the court's order grants one under §401.006, a buyer dealing in good faith does not have to inquire into why the executor is selling (§402.053).

In practice:

1. Someone files an application to probate the will and for letters testamentary.
2. The clerk posts notice (citation). The hearing comes after the notice period.
3. The judge admits the will and the executor qualifies (oath, and bond if required).
4. The clerk issues letters testamentary (or letters of administration).
5. The executor files an inventory, usually within 90 days.
6. The executor signs the deed. The title company will want certified letters, the will and the order.

Timelines vary by county and court workload. Plan on weeks to a few months before letters issue, not days.

Muniment of title (probate without an executor)

A muniment of title is a court order admitting a will to probate as the evidence of who owns the property. No executor is appointed and no administration happens. The court may do this if the estate owes no unpaid debts other than debts secured by liens on real estate, or if there is another reason administration isn't needed (Estates Code §257.001).

That last point matters for houses: a mortgage does not block a muniment of title. The beneficiary named in the will can then deal with the property as if title were in their name (§257.102(b)).

Proof required includes that four years have not passed since death and that the estate owes no unpaid debt other than real estate liens (§257.054).

For a buyer: after a muniment, the beneficiaries named in the will sign the deed. The title company will want a certified copy of the will and the order.

The four-year rule

A will generally must be offered for probate within four years after death (Estates Code §256.003(a)). After that, a will can still be admitted as a muniment of title only if the applicant was not "in default" for failing to file sooner. Letters testamentary generally cannot issue on a will admitted after four years unless the application was filed within the four years (§256.003(b)).

There is also a buyer protection. A person who, for value and in good faith, buys from the heirs more than four years after death without knowing of a will has good title against a will offered later (§256.003(c)).

The practical effect: when an owner died years ago and nobody probated anything, the house often ends up in heirs' hands by intestacy. That means the heirship tools apply. See heirs' property.

No will: determination of heirship

When someone dies without a will, a court can declare who the heirs are and what share each one owns. There is no deadline: a proceeding to declare heirship "may be brought at any time after the decedent's death" (Estates Code §202.0025). The judgment is strong evidence for a title company. If the estate also needs someone to sign and sell, the heirs can agree to an independent administrator (§401.003).

The surviving spouse and the homestead

Two rules often surprise investors:

• Community property with no will. If all of the deceased spouse's children are also the surviving spouse's children, the deceased spouse's community estate goes to the surviving spouse. If a child from another relationship survives, the deceased spouse's half of the community goes to the children (Estates Code §201.003).
• Homestead rights. The Texas Constitution lets a surviving spouse keep using and occupying the homestead for life, and the homestead can't be partitioned among the heirs while the survivor uses it that way (Texas Constitution art. XVI, §52). Heirs may own the title, but the spouse may hold the right to live there.

What a buyer of an estate house should check

1. Is there a probate case? Search the county's probate court index by the decedent's name.
2. Who has authority? Letters testamentary or administration, a muniment order, or a heirship judgment.
3. Power of sale? In the will or the court order (§§401.006, 402.053).
4. Every signer. Under a muniment or heirship, every heir or beneficiary with an interest signs.
5. Spouse. Any surviving spouse homestead right.
6. Liens and taxes. Mortgage payoff, delinquent property taxes (often a first sign of a stalled estate), and any Medicaid estate recovery claim.

Talking to estate families

Probate leads come from public court filings, and the families are grieving. Lead with patience and clear, honest information. Many representatives want a simple cash or as-is sale so they can close the estate. Others want time. Let them set the pace.

How this shows up in Agentix Data

Agentix Data carries Harris County probate filings and probate cases from the Fort Bend and Denton county court indexes, refreshed daily. Harris filings are linked to the decedent's property where we can match them. Fort Bend and Denton filings carry no address, so name-only matches are marked "possible." A probate filing on a parcel that is also tax delinquent scores higher on our stacked lists. Guardianship cases are excluded on purpose.

Sources

• Texas Estates Code ch. 256 (§256.003, four-year rule): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm
• Texas Estates Code ch. 257, muniment of title: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.257.htm
• Texas Estates Code ch. 401, independent administration: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm
• Texas Estates Code ch. 402 (§§402.052-.053, power of sale): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.402.htm
• Texas Estates Code ch. 202 (§202.0025, heirship timing): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.202.htm
• Texas Estates Code ch. 201 (§201.003, community estate of an intestate): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.201.htm
• Texas Constitution art. XVI, §52 (descent of homestead): https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm
• Texas State Law Library, probate guide: https://guides.sll.texas.gov/probate

General information, not legal or financial advice.