What to Expect During the Texas Probate Process (and What to Do With the House)
Free Guide for Austin-Area Families
Updated November 2026 · Fast Cash Home Buyers · Austin, Leander, Cedar Park, Round Rock & Georgetown
If you're reading this, chances are someone you love has passed away, and you've been left to handle things. First, we're so sorry. Losing a parent, spouse, or family member is hard enough. Then, while you're still grieving, you're asked to make big money and legal decisions, sometimes within days.
Maybe the funeral home needs a payment. Maybe the house is sitting empty and the bills keep arriving. Maybe your brothers and sisters live in three different states and nobody is sure who's in charge. All of that is normal, and none of it means you're doing anything wrong.
At Fast Cash Home Buyers, we work with Austin-area families going through exactly this. We wrote this guide to walk you through what to expect during probate in Texas in plain language, step by step. It also covers your choices for the house, so you can decide what's right for your family without feeling rushed.
Please note: This guide is general information, not legal advice. Every estate is different. We always recommend talking with a Texas probate attorney about your situation. We're home buyers, not lawyers, and we're happy to help you find one if you need a starting point.
First Things First: Take a Breath
You don't have to figure everything out this week. In the first days and weeks after a loss, a few things matter most:
- Lay your loved one to rest in the way your family wants.
- Secure the house. Lock the doors, keep the utilities on so the home stays at a safe temperature, and collect the mail.
- Find important papers: the will (if there is one), the deed, mortgage statements, insurance policies, and bank and tax records.
- Order several certified copies of the death certificate. Banks, insurance companies, and the court will each want one.
The legal process comes next, and it moves more slowly than most people expect. That's okay.
What Is Probate, Exactly?
Probate is the court process that does three things:
- Confirms who has the legal right to handle a person's affairs after they pass
- Pays any final bills and debts
- Passes the remaining property, including the house, to the right people
In Austin and the rest of Travis County, probate cases go through the Travis County Probate Court. Other counties have their own courts.
Many people are relieved to learn that Texas probate is considered more simple and less expensive than in many other states. That's mostly thanks to something called independent administration, which we explain below.
Texas Probate Process Steps: A Plain-English Walkthrough
Step 1: Find Out Whether There's a Will
This is the biggest fork in the road.
If there is a will: The will usually names an executor, the person chosen to handle the estate. The executor (usually with an attorney) asks the court to accept the will. In Texas, a will generally needs to be filed for probate within four years of the date of death. After that, your options become much more limited, so don't let it sit too long.
If there is no will: Texas law decides who inherits, based on family relationships (spouse, children, parents, siblings, and so on). The court appoints an administrator to handle things. Sometimes the family can use a simpler path called an affidavit of heirship or a determination of heirship to legally show who the heirs are. Which path makes sense depends on the estate, and an attorney can tell you.
Step 2: File With the Court
The attorney files an application with the probate court. The court then posts a public notice. A hearing is usually set at least 10 days later, often a few weeks out.
At the hearing, which is usually short and simple, the judge:
- Accepts the will (if there is one)
- Appoints the executor or administrator
- Issues "letters testamentary" (with a will) or "letters of administration" (without a will)
Those "letters" are the key. They're the official document that lets the executor act for the estate, including signing papers to sell the house.
Step 3: Independent vs. Dependent Administration
Most Texas estates go through independent administration. That means once the executor is appointed, they can handle most tasks without asking the judge's permission each time, including selling property in many cases.
In a dependent administration, the court supervises more closely, and selling the house usually requires court approval. It's slower and costs more, but sometimes it's necessary, for example when family members don't agree.
Some estates qualify for shortcuts, such as a muniment of title (the will acts as the transfer document, with no executor needed) or a small estate affidavit. Ask your attorney whether one of these fits your situation.
Step 4: Notify Creditors
The executor publishes a notice to creditors in a local newspaper, usually within a month of being appointed. Certain creditors, like a mortgage company, also get direct notice. This gives anyone owed money a chance to come forward.
Step 5: Take Inventory
Within 90 days of being appointed, the executor generally files an inventory. This is a list of everything the estate owns and what it's worth, such as the house, vehicles, bank accounts, and personal property. In some independent administrations, a sworn affidavit can be filed instead, but the work of listing everything still has to happen. This is often when families get a home value estimate or appraisal for the house.
Step 6: Pay Debts, Bills, and Taxes
Before heirs receive anything, the estate pays its valid debts. A few things people are often surprised by:
- Funeral expenses get priority. Under Texas law, reasonable funeral and last-illness expenses are near the top of the list for payment from the estate, generally up to $15,000. If you paid for the funeral yourself, keep every receipt. You may be able to be repaid from the estate.
- Texas has no state inheritance tax and no state estate tax. Federal estate tax applies only to very large estates, so most families never owe it.
- You are generally not personally responsible for your loved one's debts just because you're the executor or an heir. Debts are paid from the estate. (Your attorney can explain exceptions, such as jointly owned accounts or co-signed loans.)
- Final income tax returns may still need to be filed. A CPA can help.
Step 7: Distribute What's Left
Once the bills are paid, the executor distributes the remaining property to the heirs, either by giving them the house itself or by dividing the money after a sale. The estate is then closed.
How Long Does Probate Take in Texas?
Honestly: months, not weeks. A rough idea:
| Situation | Typical timeline |
|---|---|
| Simple estate, clear will, family in agreement | About 6–12 months |
| No will, or several heirs | Often 9–18 months |
| Family disagreements or a contested will | A year or more |
You don't always have to wait until the very end to sell the house, though. More on that below.
Taking Care of the House During Probate
This part catches many families off guard. The house still costs money every month, even while nobody lives in it.
Mortgage
If there's a mortgage, the payments are still due. Federal law generally protects family members who inherit a home from having the loan "called due" just because of the death, but missed payments can still lead to foreclosure. Contact the lender, let them know about the death, and ask about your options.
Property Taxes
Property taxes keep adding up. If your loved one had a homestead or over-65 exemption, it may change after their passing. Call the Travis Central Appraisal District (or your county's appraisal district) to ask what applies.
Homeowners Insurance
Call the insurance company right away. Many policies limit coverage when a home sits vacant for a certain number of days, often 30 to 60. You may need a vacancy policy or a change to the current one.
Utilities, Maintenance, and the Yard
Keep the power and water on. In Texas, both the summer heat and the occasional hard freeze can damage an empty house. Mow the yard, check on the home regularly, and watch for leaks. Unfortunately, empty homes can also attract break-ins.
HOA Dues
If there's a homeowners association, dues and possible fines continue too. Add it all up, and holding an empty house for a year of probate can cost thousands of dollars. That's money that would otherwise go to the family.
When Can You Sell a House During Probate in Texas?
Generally, once the executor or administrator has been appointed and has their letters, they can sign a contract to sell the home.
- Independent administration: The executor can often sell without a separate court order, especially if the will allows it.
- Dependent administration: The court usually needs to approve the sale.
- No will, no administration: If the family uses an affidavit of heirship, all of the heirs may need to sign off on a sale. The title company will make the final call on what's required.
Your probate attorney and the title company will confirm exactly what your situation needs. A good buyer will work patiently with both.
Not sure where you are in the process? That's completely normal. Request a free, no-pressure appointment and we'll talk through where things stand. No obligation at all.
When There Are Several Heirs (or They Live Out of State)
Multiple Heirs
When a house goes to two, three, or more people, everyone has to agree on what to do with it. Common situations:
- One sibling wants to keep the house; the others want to sell.
- Someone can't afford their share of the ongoing bills.
- Nobody agrees on what the home is worth.
Selling the home and dividing the money is often the fairest and simplest way to settle things and keep the peace. If the family truly can't agree, a court can step in, but that's slow and expensive, so most families try hard to avoid it.
Out-of-State Heirs or Executors
Lots of the families we meet live in Dallas, California, Colorado, or somewhere else entirely. Here's what to know:
- An executor can live outside Texas, but they'll need to name a Texas resident agent to receive legal papers. Your attorney handles this.
- Most of the process can happen from a distance. Many title companies offer mobile notaries or remote signing.
- Managing an empty house from far away is hard. Simple things like a running toilet or an overgrown lawn turn into big headaches.
Your Options for the Inherited House
Broadly, families have three choices:
- Keep the house (move in, or rent it out)
- Sell it the traditional way with a real estate agent on the MLS
- Sell it as-is for cash to a local buyer like Fast Cash Home Buyers
There's no "right" answer, only what's right for your family. Here's an honest look at the last two.
Selling Traditionally With a Realtor
Pros
- Often brings the highest sale price, especially for homes in good shape
- Gets wide exposure to many buyers
- A good agent handles marketing, showings, and negotiations
Cons
- House usually needs to be cleaned out, repaired, and show-ready
- Agent commissions and closing costs often total several percent
- Buyers often rely on loans that can fall through
- Months of showings and ongoing bills while you wait
Selling As-Is for Cash to a Local Buyer
Pros
- No repairs, no cleaning, no clearing it out. Leave behind what you don't want to keep.
- No agent commissions. We typically cover standard buyer-side closing costs.
- No showings or strangers walking through the home
- No lender to back out. Cash offers are more certain.
- You pick the closing date
- Easier for out-of-state heirs
Cons
- The offer is usually lower than full retail price on the open market
- Not every cash buyer is trustworthy. Do your homework.
| Traditional Sale (Realtor/MLS) | As-Is Cash Sale (Fast Cash) | |
|---|---|---|
| Repairs & cleanout needed | Usually yes | No |
| Commissions | Typically yes | No |
| Showings & open houses | Yes | No |
| Risk of buyer financing falling through | Yes | No |
| Typical time to close | Often 2–4+ months after listing | Often as little as 2–3 weeks once executor has authority |
| Sale price | Usually higher | Usually lower, but fewer costs |
| Works with probate timelines | Sometimes tricky | Yes |
A helpful way to compare: Don't just look at the sale price. Look at what lands in the family's pocket after commissions, repairs, closing costs, and the months of mortgage, taxes, insurance, and utilities. Sometimes the gap is smaller than people expect, and sometimes it isn't. We're happy to walk through the numbers with you either way.
Curious what your loved one's home might be worth as-is? Request a free cash offer. There's no obligation, and you're welcome to compare it with a realtor's estimate.
Need Money Quickly for Funeral Expenses?
This is one of the most common worries we hear. Funeral costs often come due right away, long before probate is finished. A few things that may help:
- Ask the funeral home about payment plans or waiting for a life insurance payout.
- Check for life insurance or burial policies. These often pay out directly to a named beneficiary, outside of probate.
- Keep every receipt. Funeral expenses generally have priority when the estate pays its bills, so whoever paid may be repaid.
- Talk with your attorney about whether the estate can sell the house quickly once the executor is appointed.
A cash sale won't put money in your hands the day after a funeral; the executor still needs legal authority first. But once that's in place, it can be one of the fastest ways to free up money from the house.
Choosing a Trustworthy Cash Buyer: A Few Tips
Sadly, some buyers take advantage of grieving families. Protect yourself:
- Look for a local, established company with real reviews.
- Never feel pressured to sign quickly. A good buyer will give you time and encourage you to talk with your attorney and family.
- Make sure a licensed title company handles the closing, not just the buyer.
- Get the offer in writing, and ask what fees, if any, come out of it.
- Compare. Get a realtor's opinion too. A fair buyer won't mind.
Frequently Asked Questions
Do all estates in Texas have to go through probate?
No. Some property passes outside of probate, like accounts with a named beneficiary, jointly owned property with survivorship rights, or a home held in a living trust. Smaller estates may qualify for simpler options like a small estate affidavit. A probate attorney can tell you what applies.
How long does probate take in Texas?
A simple, uncontested estate often takes about 6 to 12 months. Estates with no will, several heirs, or family disagreements can take longer, sometimes more than a year.
Can I sell a house during probate in Texas?
Usually yes, once the executor or administrator has been appointed by the court and has their letters testamentary or letters of administration. With independent administration, a court order often isn't needed. With dependent administration, the court generally has to approve the sale.
What if there's no will?
Texas law decides who inherits based on family relationships. The court may appoint an administrator, or the family may use an affidavit of heirship or a heirship proceeding. All heirs may need to agree to a sale.
Who pays the mortgage on an inherited house during probate?
The mortgage is still due. Payments are usually made from estate funds or by the heirs who want to protect the home. Missed payments can lead to foreclosure, so call the lender early.
Am I personally responsible for my parent's debts?
Generally, no. Debts are paid from the estate, not from the heirs' own pockets. Exceptions can include co-signed loans or joint accounts. Ask your attorney.
Is there an inheritance tax in Texas?
No. Texas has no state inheritance tax or estate tax. Federal estate tax affects only very large estates.
Will I owe taxes if I sell an inherited house?
Often very little. Inherited property usually gets a "stepped-up" tax basis, meaning its value is reset to roughly what it was worth on the date of death. If you sell soon after, there may be little or no capital gains. Check with a CPA for your situation.
Can an out-of-state executor sell a house in Austin?
Yes. A non-Texas executor can serve but must name a Texas resident agent. Many closings can be signed remotely or with a mobile notary.
What if the house needs major repairs or is full of belongings?
That's very common, and you don't have to fix or empty it to sell. Cash buyers like Fast Cash Home Buyers purchase homes as-is. Take the things that matter to you, and leave the rest.
Do you buy houses that are still in probate?
Yes. We regularly work with executors, administrators, heirs, and their attorneys. We can make an offer early and set the closing date for when the executor has legal authority to sign.
Key Takeaways
- ✓Texas probate is generally simpler than in many other states, thanks to independent administration.
- ✓A simple estate with a clear will typically takes 6–12 months; no-will or contested estates can take longer.
- ✓The house costs money every month during probate — mortgage, taxes, insurance, utilities, and HOA dues.
- ✓Once the executor has their letters, they can usually sell the home without waiting for probate to fully close.
- ✓A cash sale is often faster, simpler, and requires no repairs or cleanout — though the price is usually lower than a traditional sale.
- ✓Texas has no state inheritance or estate tax. Most families owe little or no capital gains on an inherited home sold promptly.
- ✓You don't have to do this alone. We work with families, attorneys, and title companies through the whole process.
You Don't Have to Do This Alone
When you're ready to think about the house, we're here. Whether you want a cash offer, just want to know your options, or need someone to explain the next step, we'll listen first and never pressure you.
Or call us at 512-943-2575. We're local to Austin.
Disclaimer: This article is for general educational purposes only and is not legal, tax, or financial advice. Texas probate laws and procedures can change and vary by situation and county. Please consult a licensed Texas probate attorney and a tax professional about your specific circumstances. Fast Cash Home Buyers is a real estate buyer, not a law firm.