Can an Executor Sell a House During Probate in Texas?
Usually, yes. Whether you need the judge's permission first depends on the kind of administration and what the will says. Here's how each route works, including the court-ordered sale in a dependent administration.
At a glance
- An independent executor in Texas can usually sell estate property without court approval, unless the will limits that power (Section 402.052).
- In a dependent administration, the sale needs a court order unless the will authorizes it. The application must include a sworn exhibit showing the estate's condition and claims.
- After a court-ordered sale goes under contract, the executor reports it within 30 days, and the court must approve the sale before the deed is signed.
Selling the house is often how an estate pays its bills or divides value among heirs. A Texas executor or administrator can usually sell it while the estate is open. The real question is whether the judge has to approve the sale first, and that depends on two things: whether the administration is independent or dependent, and whether the will gives a power of sale.
Independent executors usually sell without a court order
In an independent administration, the executor works without court supervision. Section 402.052 gives an independent executor the same power to sell as a court-supervised representative, without court approval, unless the will limits it.
A title company will still want to see where that power comes from. Under Section 402.053, a buyer acting in good faith can rely on one of these:
- A power of sale in the will.
- A power of sale in the court order appointing the independent executor, which the court can include under Section 401.006 when the people inheriting the property consent.
- A sworn affidavit from the executor, recorded in the county's deed records, saying the sale is necessary or advisable to pay expenses, funeral costs, last-illness costs, allowances, or claims.
When the will gives a power of sale
Section 356.002 says that when a will authorizes the executor to sell property, no court order is needed to sell it. The executor can sell at auction or privately, for cash or on credit, but has to follow any specific directions the will gives about the sale.
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Dependent administration: the court-ordered sale
In a dependent administration the court supervises each major step. Our guide to dependent administration in Texas explains when an estate ends up there. Section 356.001 says estate property can't be sold without a court order unless Chapter 356 says otherwise.
Section 356.251 allows a sale to pay administration expenses, funeral expenses, last-illness expenses, allowances, and claims, or when selling real estate is in the estate's best interest. The usual sequence for a house:
1. File a written application describing the property. It needs an exhibit, verified by affidavit, that shows the estate's condition, the claims and their amounts, the other property available to pay them, and any other reasons for the sale (Section 356.252).
2. The clerk issues a citation to everyone interested in the estate, served by posting (Section 356.253). During the period the citation sets, anyone interested can file an objection or ask the court to sell different property instead (Section 356.254).
3. If someone objects, the court holds a hearing. If no one does, a hearing isn't required, though the court can still hold one (Section 356.255).
4. The court signs an order of sale. It names the property, says whether the sale is public or private, states the purpose, sets the terms, and addresses the bond (Section 356.256).
5. You sign a contract with a buyer on the terms the order sets. No extra advertising is required unless the court directs it (Section 356.451).
6. Within 30 days after the property goes under contract, you file a sworn report of sale with the clerk (Section 356.551).
7. After five days, the court reviews the report and, if it's satisfied the price is fair and the sale was properly made, signs an order approving it (Sections 356.552 and 356.556).
8. You sign the deed, which refers to the court's approval order (Section 356.557).
Our guide to the Texas application to sell estate property form shows what goes into the first step.
The bond can change with the sale
If you posted a bond, Section 356.554 has the court check whether it's still enough once the sale money comes in. If it isn't, the court won't approve the sale until the bond is increased or an additional bond is given. The increase equals the sale price plus any added amount the court sets. If you weren't required to give a bond, the court can approve the sale once it finds the sale satisfactory and made according to law (Section 356.553).
A public auction has its own notice and timing rules in Sections 356.401 through 356.405. A private sale by contract under Section 356.451 doesn't.
Can the executor buy the house?
Generally not. Section 356.651 bars a personal representative from buying estate property they sell. The exceptions:
- The will, admitted to probate, expressly authorizes the purchase (Section 356.652).
- The person who died signed a written contract to sell the property, such as an earnest money contract (Section 356.653).
- The court finds the purchase is in the estate's best interest, after notice to each distributee and to certain unpaid creditors (Section 356.654).
Common questions
Does an executor need court approval to sell a house in Texas?
Not usually in an independent administration. Texas Estates Code Section 402.052 lets an independent executor sell without court approval unless the will limits that power. In a dependent administration, a court order is required unless the will authorizes the sale.
How long does a court-ordered estate sale take in Texas?
The statute doesn't set a total time. The steps include posting a citation, a possible hearing if someone objects, the order of sale, a report of sale filed within 30 days after the contract, and a court review no sooner than five days after the report. Each court sets its own schedule.
Can heirs stop the sale of an estate house?
In a dependent administration, anyone interested in the estate can file a written objection during the period set in the citation, or ask the court to sell other property instead (Section 356.254). An objection means the court has to hold a hearing.
What does a title company need from an independent executor?
Proof of the power to sell. Section 402.053 protects a good-faith buyer who relies on a power of sale in the will, one granted in the court's order, or the executor's sworn affidavit recorded in the deed records.
How Legacywyse can help
If your plan follows a dependent administration and you tell Legacywyse estate property has to be sold, your plan adds the court-sale step and drafts the application for an order authorizing the sale from your answers. You sign it before a notary and file it with the probate court. In an independent administration, the plan adds a step to document your power of sale instead.
Get the first three days checklist.
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Sources
4 sources- Texas Estates CodeChapter 356, Sale of estate property
- Texas Estates CodeChapter 402, Administration (independent)
- Texas Estates CodeChapter 401, Creation (independent administration)
- TexasLawHelpEstate administration in Texas
Published November 4, 2026. Last reviewed November 4, 2026 against the sources above. Legacywyse Journal articles provide general estate, probate, and personal finance information, not legal or tax advice.