Can A House Be Sold While In Probate In Texas?

Can A House Be Sold While In Probate In Texas? Yes, you can! But, like with any house sale, you need to follow your state’s rules very carefully. The probate court will keep an eye on every part of the sale. If you’re in charge as the executor, you’ll also need to watch and agree to all the sale details. It might seem complicated, but knowing how it works will help things go more smoothly.

Can A House Be Sold While In Probate In Texas?

Appointment of Administrator/Executor

If the person named in the will as the executor agrees to take on the role, they become the official executor. But if nobody was named, the court or other family members will choose a close relative to become the administrator.

Appraisal

The next thing to do is get the property appraised. Just be sure to pick an appraiser who is licensed and trusted. The property should sell for at least 90% of the appraised value, so it’s important to have an accurate appraisal.

Sale

This is when you start making the sale happen, answering the question, “Can a house be sold while it’s in probate in Texas?” Your agent will begin by listing the house on a multiple listing service, letting buyers know it’s a probate sale.

If someone wants to buy the house, they’ll give an offer and 10% deposit. You can say yes or no to the offer. If you say yes, it still needs court approval. Your probate lawyer sends the offer to court. If everyone agrees, a date is picked to finish the sale in court.

After the court confirms the accepted offer for the house in probate, a Notice of Proposed Action is sent to all the heirs. This paper explains all the details of the planned sale. The heirs get 15 days to look it over and say if they don’t agree. If nobody disagrees, the sale can happen without a court meeting.

Overbidding

Now, things get a bit tricky. Before the court says yes to the first buyer’s offer, the judge will ask if anyone else wants to make an offer right there in the courtroom. If nobody does, then the sale goes ahead as we talked about before.

But if someone offers more money, things change. The first buyer gets their 10% deposit back, and the sale happens at the new higher price. The new buyer has to give a new 10% deposit, but it has to be a cashier’s check. They give this check to the executor or administrator when their bid is accepted.

After the court says yes, a contract can be signed. But it’s different from usual contracts because it can’t have any ‘ifs.’ Escrow closes shortly after, usually within 15 days.

Selling a house during probate involves tricky rules. It’s a good idea to get advice from a lawyer who knows about this stuff.

We’re ready to help you reach your real estate goals and will be glad to answer any and all questions. Contact us by phone at 512-230-3469 or fill out the online form.