How to Sell a House in Probate in Texas & Florida

What Is Probate?

Probate is the court-supervised legal process that validates a deceased person's will (or determines heirs if there's no will) and oversees the distribution of assets — including real property. A house that was owned solely by the deceased person typically cannot be sold until the probate court has authorized someone (an executor or personal representative) to act on behalf of the estate.

Not all property goes through probate. Property held in a living trust, property with a Transfer on Death (TOD) deed, or jointly-owned property with right of survivorship may pass directly to heirs without probate. But if the home was titled solely in the deceased's name, probate is almost certainly required.

Texas Probate: What Executors Need to Know

Texas Probate Timeline

Texas probate typically takes 6–12 months from filing to final distribution, though straightforward estates can move faster and contested estates can take years. The process begins with filing the will in the county where the deceased lived, within 4 years of the date of death.

Independent vs. Dependent Administration

Texas is one of the most executor-friendly states in the country. If the will designates an independent executor (or heirs agree to independent administration), the executor has broad authority to manage and sell estate property without going back to the court for each decision. This is the most common path for Texas probate sales.

Under dependent administration, the executor must get court approval for major transactions, including selling the home. This is slower but sometimes required when there are disputes among heirs.

The Muniment of Title Option

If the only asset to transfer is real property and there are no debts, Texas allows "muniment of title" — a simplified probate process that validates the will and transfers title without full estate administration. This can be significantly faster (sometimes 30–60 days) than full probate.

Affidavit of Heirship (No Will)

If the deceased died without a will (intestate) and you can establish who the heirs are, Texas allows an Affidavit of Heirship to be filed in the real property records. After waiting 5 years, this can establish clear title — but it's not always reliable. An attorney should advise whether this is appropriate for your situation.

Florida Probate: What Personal Representatives Need to Know

Florida Probate Timeline

Florida probate typically takes 9–18 months, making it one of the longer processes in the country. Florida requires that all estate creditors be notified and given a chance to file claims (a 3-month creditor claims period is mandatory). "Summary administration" is available for smaller estates (under $75,000 in non-exempt assets or when the deceased has been dead more than 2 years) and can be completed in weeks rather than months.

Court Approval to Sell

In Florida formal administration, the personal representative typically needs court approval to sell real property — unlike Texas's independent executor model. The personal representative must file a petition to sell, notify interested parties, and wait for court authorization. This adds time but is standard practice in Florida.

Florida Homestead Complications

Florida's homestead law adds a wrinkle to probate. If the deceased's home was their primary residence (homestead), it may pass directly to a surviving spouse or minor children outside of probate under the Florida Constitution — regardless of what the will says. This can complicate the sale timeline, especially if heirs are in dispute about who has authority to sell. A Florida probate attorney is essential in homestead situations.

When Can You Accept an Offer?

You can often accept an offer on a probate property before the probate is complete — but you cannot close until the executor or personal representative has legal authority to convey title. The practical timeline looks like this:

1. Probate is filed and executor/personal representative is appointed (takes weeks to months)
2. Once appointed, executor can negotiate and accept a purchase offer in most cases
3. In Texas (independent administration): executor can sign the contract and set a closing date when probate allows
4. In Florida: executor typically needs court approval before signing or must make the contract contingent on court approval
5. Closing happens once all legal requirements are met

This is why a cash buyer is ideally suited for probate sales. A traditional buyer with a mortgage has a rate lock that expires in 30–60 days. If probate runs long, the deal collapses. A cash buyer can wait — we don't have a lender with a deadline.

Common Probate Property Issues That Complicate a Sale

• Deferred maintenance — A home that sat vacant during probate may have developed plumbing, HVAC, or roof issues. Cash buyers buy as-is, so this isn't a dealbreaker for us.
• Multiple heirs who disagree — All heirs with an interest in the property must consent to the sale (or the court orders it). Disputes among siblings are common and can delay or block a sale.
• Unknown liens or debts — The title search during the sale will reveal any liens. Estate debts are typically paid from sale proceeds before heirs receive their share.
• Out-of-state heirs — Documents need to be signed, notarized, and returned. This can be managed remotely in most cases.
• Property taxes owed — Unpaid property taxes during the probate period must be paid at closing.

What Happens to the Sale Proceeds?

Sale proceeds from a probate property sale flow through the estate — not directly to heirs. The title company typically sends the net proceeds to the estate's bank account or escrow account managed by the executor. From there, estate debts and expenses are paid first (mortgage payoff, property taxes, probate attorney fees, and any valid creditor claims), and the remaining balance is distributed to heirs per the will or state intestacy laws.

Do You Need a Real Estate Agent for a Probate Sale?

Not necessarily. Some states require court-approved sales to be marketed publicly through a licensed agent, but Texas and Florida typically allow private sales by an executor/personal representative. Selling directly to a cash buyer means no listing, no agent commission, and no drawn-out MLS process. The executor simply negotiates and accepts the offer, then closes once the probate court requirements are met.