Can A House Be Sold While In Probate In Houston?

One of the most common questions we hear is, “Can a house be sold while it’s still in probate?”
If you’re dealing with the probate process in Houston, the short answer is yes — a house can be sold while it’s in probate.

But, as with any property transaction, there are rules that need to be followed. In a probate sale, the court oversees many parts of the process, and the executor (or administrator) must ensure that all terms and actions meet legal requirements.

If you’re navigating this situation right now, here’s what you need to know about selling a house during probate in Houston.

Can A House Be Sold While In Probate In Houston Texas?

1. Appointing an Executor or Administrator

The first step in the process is to determine who is legally allowed to manage the estate.

• If the deceased had a will that named an executor, and that person is willing to take on the responsibility, the court will officially appoint them.
• If no executor was named, or if the named person declines, the court will appoint a close relative as the estate’s administrator.

This person will be responsible for managing all estate-related decisions, including the sale of any real estate.

2. Getting the Property Appraised

Before a sale can happen, the home needs to be appraised. In Texas, probate law requires that the property be sold for at least 90% of its appraised value — so accuracy matters.

Choose a licensed, reputable appraiser who understands probate guidelines. Their assessment will set the minimum threshold for your sale.

3. Listing the Property and Accepting Offers

Once the appraisal is complete, the house can be listed for sale — typically through a real estate agent on the MLS, with the listing clearly marked as a probate sale.

Here’s how the process usually goes:

• A buyer submits an offer, along with a 10% deposit.
• The executor reviews and can accept or reject the offer.
• If accepted, the offer is submitted to the probate court for confirmation.

This is where the legal review begins. Even though an offer has been accepted, it isn’t final until the court approves it.

4. Notifying the Heirs

Once the offer is submitted for court confirmation, a Notice of Proposed Action must be mailed to all heirs involved in the estate.

This notice outlines the terms and conditions of the sale. The heirs have 15 days to raise any objections.

• If no objections are made, the sale can proceed without a formal court hearing.
• If objections are raised, a hearing will be scheduled to resolve them before moving forward.

5. The Overbidding Process

If a court hearing is held to confirm the sale, other buyers are allowed to attend and submit overbids on the property.

If this happens:

• The original buyer’s 10% deposit is refunded.
• The new highest bidder must submit a cashier’s check for their 10% deposit during the hearing.
• The court confirms the new sale price and buyer.

It’s a competitive process, and while it can result in a higher sale price, it also adds complexity and uncertainty to the transaction.

6. Finalizing the Sale

Once the court confirms the sale — whether to the original buyer or a new overbidder — a specialized sale contract is signed.

Here’s what makes it different:

• No contingencies are allowed in the contract
• Escrow typically closes within 15 days after the hearing
• The process must follow strict timelines set by the court

Final Thoughts

Selling a house in probate in Houston is possible — but it’s not your average sale. The rules are different, the process takes longer, and court involvement means there’s little room for error.

If you’re unsure where to start, or need help understanding your options, it’s a good idea to consult with a probate attorney.

And if you’re looking for a straightforward way to sell a probate property without the stress, our team at TX Cash Home Buyers is here to help. We’ve worked with many families in Houston who are navigating probate, and we’d be happy to answer your questions or make you a fair cash offer with no obligations.

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 (281) 595-7550 or fill out the online form.