1. What is Probate?

Probate is the legal process of settling a deceased person’s estate. It includes validating the will, paying debts, and distributing property to heirs. When real estate is involved, the court may need to approve the sale.

2. Can I sell a property while it’s in probate?

Yes. In most cases, property can be sold during probate, but the process may require court approval, proper documentation, and specific disclosures. A probate-experienced real estate agent helps ensure a smooth transaction.

3. How long does a probate real estate sale take?

The timeline varies by county and complexity. Some probate sales close in 30–45 days once you have court authority, while others may take longer depending on courts, heirs, or property condition.

4. What is an executor or administrator?

An executor (if there is a will) or administrator (if there is no will) is the person legally authorized to manage the estate. They can sign listing agreements and sell the property once they receive “Letters Testamentary” or “Letters of Administration.”

5. Do all heirs have to agree to sell the property?

Not always. The personal representative (executor/administrator) has the legal authority to make decisions, but keeping heirs informed helps prevent disputes. In some situations, the court may require heir signatures or approval.

6. Does the court have to approve the sale?

In Texas, many probate sales can proceed without a court hearing once the executor receives independent administration authority. Some estates, however, require court approval depending on the type of probate.

7. Do I need a probate attorney?

Yes. Texas requires an attorney for probate because the executor is acting on behalf of the estate. The attorney handles legal filings, while your probate real estate agent manages pricing, marketing, and selling the property.

8. What happens if the property needs repairs or is inherited “as-is”?

Most probate homes are sold as-is. Investors and conventional buyers frequently purchase properties needing updates. Your agent can help determine fair market value and suggest what if anything should be improved before listing.

9. Do I need a survey or seller’s disclosure?

In many probate cases, the estate is exempt from providing a seller’s disclosure because the executor hasn’t lived in the home. A survey is helpful but not required buyers often provide a new one if needed.

10. Can the estate sell personal belongings in the home?

Yes. Items can be sold, donated, or distributed to heirs before the property is listed. Many families hold estate sales to clear the home quickly.

11. Who pays for the real estate fees?

Commissions and closing costs are paid by the estate at closing…there are no upfront fees. Everything comes out of the sale proceeds.

12. How do you determine a price for a probate property?

I prepare a detailed Comparative Market Analysis (CMA), evaluate condition, location, recent sales, and investor demand. The goal is to price competitively while maximizing the estate’s return.

13. What makes a probate real estate agent different?

A probate-focused agent understands deadlines, court requirements, attorney coordination, and how to work with grieving families. My goal is to handle the heavy lifting so you can focus on what matters most.

14. What if the property has tenants?

In many cases, the property can still be sold with tenants in place. Investors often prefer this because it becomes an income-producing asset immediately.