Asked in plain English

Probate is the court-supervised process of settling a person’s estate after they pass away: validating the will if there is one, appointing the person in charge, protecting what the person owned, paying debts, and distributing what remains. In Texas it is handled by the county court of the county where the deceased lived.

No. Families can keep the home, transfer it to heirs, or sell it when the estate needs liquidity or when the family chooses. Selling is one option, and the right one depends on the estate and the family. Guy will talk through each path honestly, even when the answer is not to sell.

The executor named in the will, once appointed by the court with Letters Testamentary, or the administrator the court appoints when there is no will, acting with Letters of Administration. A trustee has that authority when the home is owned by a trust. Until such authority exists, no one can sign a valid contract on the property.

It depends on the county’s docket, the type of administration, and how aligned the family, heirs, and creditors are. Independent administration is usually the faster road because the executor can sell without asking the court to approve each sale. Your probate attorney and your agent can give you an honest timeline for your county and your case.

The estate usually keeps the payments and insurance current while the home sells, and the payoff comes from the proceeds at closing. A family member does not automatically become personally liable on the note just by inheriting. Tell the lender about the death and ask how the estate should continue payments.

When there is no valid will, the court appoints an administrator through the process called intestate succession. The sales process works much the same way, with Letters of Administration standing in for Letters Testamentary. A Texas probate attorney guides the appointment and the estate.

The sale itself does not require you to hire one, but almost every estate benefits from a probate attorney to open the estate and keep the filings correct. The two roles work side by side: the attorney handles the legal side, and Guy handles the home. If you do not have a probate attorney, Guy can help you find a qualified one.

It is the deed the executor, administrator, or trustee signs at closing to transfer title to the buyer. The title company verifies the court appointment and, when there is a will, the clause that grants the authority to sell. It is the document that makes the new owner’s title clean.

The estate does. Property taxes keep accruing and are settled from proceeds at closing. Insurance should stay in force, which may mean a vacancy-aware policy. Utilities, lawn care, and minor security measures are estate expenses managed by the executor.

In independent administration, the executor acts with little court supervision and can sell real estate without case-by-case approval; most well-drafted Texas wills choose this route. In dependent administration, the court supervises the estate closely and approves sales. Your probate attorney determines which applies to your estate.

They know which documents, titles, and deadlines matter, they price and market a home that may be dated or vacant, and they keep communication patient and clear when the family is carrying a heavy load. Guy holds the Certified Probate Real Estate Specialist designation and has personal experience settling a family estate.

After closing, the estate pays its debts, expenses, and taxes from the proceeds. What remains goes to the heirs or beneficiaries per the will or intestate succession, under the executor’s oversight and the court’s rules. The executor keeps the distribution records for the estate.