Does the Estate Have to Go Through Probate?
In Texas, whether probate is required depends on how the property was held. If the deceased had a will, Texas has a relatively simple probate process. If there was no will (intestate), the court determines heirs under Texas intestacy law.
Texas also has two simplified options that avoid full probate: a Muniment of Title (for estates with a valid will and no debts other than the mortgage) and a Small Estate Affidavit (for estates under $75,000 excluding the homestead). An estate attorney can tell you which applies to your situation.
How Long Does Texas Probate Take?
A standard Texas probate takes 6-9 months for a straightforward estate. More complex estates — multiple heirs, disputes, title issues — can take 12-24 months or longer. During this time, the executor has authority to manage the property but may need court approval to sell it depending on the will's terms.
Who Has Authority to Sell the Property?
The executor named in the will (or administrator appointed by the court in an intestate estate) has legal authority to sell estate property. If there are multiple heirs, all heirs generally must agree to a sale unless the executor has independent administration authority under the will.
Selling During Probate vs. After
You don't always have to wait for probate to complete before selling. If the executor has independent administration authority, the sale can proceed during probate. Closing will require the title company to verify the executor's authority and the estate's clear title. Cash buyers are often more flexible on timeline than buyers using bank financing.
What About the Mortgage?
If the inherited property still has a mortgage, it becomes a debt of the estate. In most cases the estate must continue making payments or sell the property to pay off the loan. An inherited property that is behind on mortgage payments or heading toward foreclosure needs to be dealt with quickly.
The Fastest Way to Sell an Inherited Property
If you want to sell quickly — especially if the property needs repairs, has title complications, or is going through probate — a cash sale to a direct buyer is usually the fastest and simplest route. There are no bank appraisals, no repair contingencies, and no financing fall-throughs. The buyer works around the estate's timeline. If you're dealing with an inherited property in the DFW area, we buy estates and probate properties regularly and can work at whatever pace the process requires.
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