The Texas Probate Process
Plain-English probate, for Texas families.
Articles about Texas probate, written for the heirs and executors actually living through it. No jargon, no fear-mongering — just what we tell our own families when they call.
If you read four things
The probate guides we recommend first.
Long-form explainers covering the questions families ask most. Each one stands on its own.
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01
Texas Probate Property Sale Process: A Step-by-Step Guide
The Texas probate property sale process step by step — from opening probate and getting Letters Testamentary to closing the sale, with realistic timelines.
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02
What Are the Duties of a Will Executor in Texas?
A complete guide to executor responsibilities in Texas — from filing the will to selling property and closing the estate. What you're legally required to do and when.
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03
How Long Does Probate Take in Texas? A Realistic Timeline
Find out how long Texas probate really takes — from filing to final distribution — and what factors speed up or slow down the process for heirs and executors.
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04
Independent vs. Dependent Administration in Texas: What Executors Need to Know
Texas probate law gives executors two very different levels of authority. Learn the difference between independent and dependent administration — and why it matters for selling estate property.
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05
Selling an Inherited Property in Texas: Your Options Explained
Inherited a house in Texas? Understand the difference between a traditional sale, cash offer, and auction — and which makes sense for your probate situation.
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06
How Probate Works in Texas: A Step-by-Step Guide for Heirs
Learn how the Texas probate process works, how long it takes, and what heirs need to know before selling inherited real estate.
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All articles
Everything else we've written.
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May 19, 2026 · probate attorney
Do I Need a Probate Attorney in Texas? Honest Answer
Do you need a probate attorney in Texas? An honest breakdown of when you must hire one, when you can DIY, realistic costs, and how to choose the right lawyer.
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May 19, 2026 · probate records
How to Find Probate Court Records in Any Texas County
Texas probate records search guide. Find court files, recorded wills, and muniment orders by county — online and in person. Free probate consultation.
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May 19, 2026 · homestead exemption
Heir Property Homestead Exemption in Texas: 2026 Guide
Texas heir property homestead exemption lets co-heirs without formal title claim the school-tax exemption. Form 50-114-A steps, savings, and sale impact.
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May 19, 2026 · inherited mortgage
What Happens to a Mortgage When the Owner Dies in Texas
Inherited a Texas home with a mortgage? Learn how Garn-St. Germain protects family heirs and your options to keep, assume, refinance, or sell the home.
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May 19, 2026 · intestate succession
No Will in Texas: Who Inherits the House & What to Do
No will and a Texas house to deal with? Learn who inherits under Texas intestate succession, how to clear title, and the steps to sell or transfer the property.
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May 19, 2026 · deed transfer
How to Remove a Deceased Person's Name From a Texas Deed
You can't literally remove a name from a Texas deed. You record a new instrument that supersedes it. Here is the decision tree for every scenario.
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May 19, 2026 · reverse mortgage
Reverse Mortgage on an Inherited Texas Home: Your Options
Inherited a Texas home with a reverse mortgage? Heirs get 30 days notice and 6 months to act. Here are your four options and the non-recourse protection.
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May 19, 2026 · sell parents house
How to Sell Your Deceased Parents' House in Texas: Steps
A 6-step guide to selling your deceased parent's Texas home — find the will, probate path, secure the house, valuation, sale path, and closing. Free help.
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May 19, 2026 · liens
Selling an Inherited Texas House With Liens or Back Taxes
Inherited a Texas home with liens or back taxes? Learn how to find every lien, the payoff order at closing, and how MERP and judgment liens get handled.
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May 19, 2026 · inherited rental
Selling an Inherited Rental Property in Texas Probate
Inherited a Texas rental in probate? Learn how leases, deposits, rent income, and capital gains work — and when to sell with a tenant or wait. Free help.
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May 19, 2026 · sibling dispute
Sibling Won't Sell Inherited Texas House: Your Options
Sibling refusing to sell an inherited Texas house? Learn buyout, mediation, and partition options under the Texas Heirs Property Act, with timelines and costs.
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May 19, 2026 · step up basis
Step-Up in Basis on Inherited Texas Property Explained
Step-up in basis can wipe out capital gains on an inherited Texas home. Learn how Texas community property gets a double step-up and how to document it.
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May 19, 2026 · homestead rights
Surviving Spouse Homestead Rights in Texas: What to Know
Texas surviving spouses get a constitutional life estate in the homestead — even if the will says otherwise. Here is what adult children should expect.
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May 19, 2026 · transfer on death deed
Transfer on Death Deed in Texas: How TODDs Work & Pitfalls
Texas transfer on death deeds let you pass real estate outside probate. Here's how a TODD works, what to record before death, and the pitfalls to avoid.
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May 6, 2026 · executor duties
How Long Does an Executor Have to Sell a House in Texas?
Texas doesn't set a fixed deadline to sell an inherited house, but probate timelines, creditor rules, and beneficiary rights create real pressure to act.
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May 6, 2026 · travis county
How Probate Works in Travis County, Texas: Step-by-Step
Probate in Travis County moves through one of two specialized probate courts in Austin. Here's how the process works, what to file, and how long it takes.
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May 6, 2026 · letter of heirship
Letter of Heirship in Texas: What It Means and What You Need
Texas has no single 'letter of heirship.' Here's what people usually mean — and the actual document you need to transfer or sell inherited property.
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May 6, 2026 · austin probate
How to Sell a Probate House in Austin, Texas
Selling a probate house in Austin? Here's how the Travis County process works, what it costs, and how long it takes — from a probate real estate consultant.
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May 6, 2026 · denton probate
How to Sell a Probate House in Denton, Texas
Selling a probate house in Denton? Here's how the Denton County process works, what it costs, and how long it takes — from a probate real estate consultant.
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May 6, 2026 · flower mound probate
How to Sell a Probate House in Flower Mound, Texas
Selling a probate house in Flower Mound? Here's how Denton County's probate process works, what it costs, and how long it takes — no upfront fees.
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May 6, 2026 · katy probate
How to Sell a Probate House in Katy, Texas
Selling a probate house in Katy? Here's how the Harris, Fort Bend, or Waller County process works, what it costs, and how long it takes.
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Mar 11, 2026 · selling probate property
Can You Sell a House Before Probate Is Complete in Texas?
Yes — in most Texas estates you can sell the house before probate closes. Here's exactly how, when you can list, and what paperwork you need before closing.
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Mar 11, 2026 · executor guide
Texas Executor's Guide to Selling Estate Real Estate: Step by Step
A practical step-by-step guide for Texas executors selling inherited real estate — from Letters Testamentary through closing. Know exactly what to do and when.
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Mar 11, 2026 · inherited rental property
Selling an Inherited House With Tenants in Texas: What Executors Need to Know
Inherited a Texas rental property with tenants already living there? Learn your legal rights as executor, how to handle existing leases, and how to sell without costly mistakes.
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Mar 11, 2026 · probate costs
How Much Does Probate Cost in Texas? A Complete Fee Breakdown
Filing fees, attorney costs, court costs, and carrying expenses — here's exactly what Texas probate costs and how to minimize what the estate pays.
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Mar 11, 2026 · taxes
What Taxes Do You Owe When Selling an Inherited House in Texas?
No Texas inheritance tax, a stepped-up cost basis, and usually no capital gains — here's the real tax picture when heirs sell inherited Texas real estate.
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Mar 10, 2026 · affidavit of heirship
Affidavit of Heirship in Texas: How It Works, Cost & Title
An Affidavit of Heirship transfers Texas real property without probate when there's no will. Costs $200–$600 — but title companies often won't insure for 5 years.
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Mar 10, 2026 · avoid probate
A Family Guide to Avoiding Probate in Texas
Learn the legal tools Texas families use to keep real estate and other assets out of probate — saving time, money, and family conflict when a loved one passes.
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Mar 10, 2026 · probate costs
The Real Cost to Probate a Will in Texas
Breaking down every cost involved in Texas probate — court fees, attorney fees, executor compensation, and what you can do to reduce expenses as an heir or executor.
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Mar 10, 2026 · probate deadline
How Long Do You Have to Probate a Will in Texas? Deadlines Executors Must Know
Texas law gives you 4 years to probate a will — but critical executor deadlines start immediately after appointment. Here's every deadline you need to know.
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Mar 10, 2026 · letters of testamentary
How to Get Letters of Testamentary in Texas
Letters of Testamentary give executors legal authority to act on behalf of an estate. Here's how to get them in Texas, how long they take, and how to use them to sell property.
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Mar 10, 2026 · muniment of title
Muniment of Title in Texas: The Fastest Way to Transfer Inherited Property
Muniment of title is Texas's fastest probate shortcut — no executor, no full administration, just a court order transferring property in 6–10 weeks. Here's how it works.
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Mar 10, 2026 · out of state executor
Out-of-State Executor Guide: How to Sell a Texas Probate Property Remotely
Living outside Texas while managing a probate estate? Learn exactly how to sell an inherited Texas property as an out-of-state executor — from Letters Testamentary to closing — without making costly trips back.
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Mar 10, 2026 · probate
Probate and Estate Settlement in Texas: What Heirs Need to Know
A plain-English guide to Texas probate and estate settlement — how assets transfer, what heirs must do, and when selling inherited property makes sense.
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Mar 10, 2026 · probate deadlines
Probate Claim Deadlines in Texas: What Heirs and Executors Must Know
Missing a creditor claim deadline in Texas probate can cost the estate thousands — or expose the executor to personal liability. Here are the critical deadlines and how to handle them.
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Mar 10, 2026 · multiple heirs
Selling Inherited Property with Multiple Heirs in Texas: How to Avoid the Most Costly Mistakes
When multiple heirs inherit a Texas property, disagreements can delay or derail the sale. Learn your legal options — from negotiating buyouts to partition actions — and how to protect estate value.
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Mar 10, 2026 · small estate affidavit
The Small Estate Affidavit in Texas: A Faster Path for Small Probates
Texas's Small Estate Affidavit lets heirs skip full probate when total estate assets are $75,000 or less. Learn the requirements, how to file, and its limits for real property.
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Mar 10, 2026 · avoiding probate
5 Ways to Transfer Property in Texas Without Going Through Probate
Texas offers several legal tools to transfer real estate and assets to heirs without probate court. Here's how each one works — and when to use it.
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