Losing a loved one is never easy. On top of the emotional weight, families are often left with difficult questions about what to do with the property they’ve inherited. One of the most common questions we hear from Houston homeowners is:
“Can a house be sold while it’s still in probate?”
The short answer is: yes, but there’s a process.
In Texas — and specifically in Harris County — probate is a legal procedure where the court oversees the transfer of a deceased person’s property to their heirs or beneficiaries. Whether there’s a will in place or not, the court must ensure everything is handled fairly before the home can be sold.
Let’s break down what probate looks like in Houston and the steps you’ll need to take if you’re considering selling a house during this time.
Understanding Probate in Texas
Probate is the court-supervised process of settling an estate. It ensures that debts are paid, taxes are handled, and assets (like a house) are transferred to the rightful heirs.
There are different types of probate in Texas, but the most common is independent administration, which allows the executor to handle many tasks without constant court supervision. Even so, selling a home during probate almost always requires certain approvals.
Steps to Selling a House in Probate
1. Get the Property Appraised
The court will typically require a professional appraisal to determine the fair market value of the home. This helps protect heirs and ensures the property isn’t sold for less than it’s worth.
📌 Tip: Work with a licensed Houston appraiser or ask your probate attorney for recommendations.
2. File a Petition with the Court
Before you can sell, the executor (or administrator) must file a petition with the probate court. This petition requests permission to sell the property and must include details like the home’s appraised value and the proposed method of sale.
3. List or Offer the Property for Sale
Once the court grants permission, you can place the property on the market. However, it’s important to let potential buyers know that the sale is subject to court approval.
Some families choose to work with investors during this stage because it avoids the uncertainty of waiting for traditional buyers who may drop out due to financing or long timelines.
4. Seek Court Confirmation
Even after finding a buyer, the sale must be confirmed by the probate court. In Harris County, hearings are usually scheduled 20–40 days out. At this point, the buyer typically places a deposit (often 10%) to show they’re serious.
5. Advertise and Open the Sale for Bidding
Texas probate sales often require public notice — sometimes in local newspapers — to allow other buyers a chance to make a higher offer. This process ensures transparency and gives the estate the opportunity to get the best possible price.
6. Attend the Court Hearing
The final sale is confirmed at the court hearing. If a new buyer outbids the original one, the original buyer’s deposit is refunded, and the property goes to the highest bidder. Once confirmed, the transaction can be finalized, and the estate receives the proceeds.
Challenges Families Face During Probate
- Time delays: Probate sales can take weeks or months.
- Emotional stress: Handling legal paperwork while grieving is overwhelming.
- Property condition: Many inherited homes need repairs, which makes listing them difficult.
- Costs: Taxes, insurance, and upkeep add up while the property sits in probate.
Selling Directly to a Houston Probate House Buyer
For many families, the idea of waiting months while handling repairs, showings, and legal steps feels exhausting. That’s where working with a direct cash buyer can help.
At TX Cash Home Buyers, we specialize in purchasing probate properties in Houston. We understand the legal requirements, work alongside probate attorneys, and handle the transaction respectfully and quickly. Selling directly allows families to avoid costly repairs, bypass traditional showings, and receive cash once the court approves the sale.
Final Thoughts
So — can a house be sold while in probate in Houston, Texas? Yes. But it requires court approval, an appraisal, and following specific legal steps.
If you’re currently navigating probate and considering your options, you don’t have to go through it alone.
👉 Contact TX Cash Home Buyers today for guidance and a fair cash offer on your probate property. We’ll help you understand your choices and work with you through the process.
Fill out this form or give us a call at (281) 595-7550 for a Fair Cash Offer
Disclaimer:
The content provided on this blog is for informational purposes only. We are not attorneys or tax professionals. For personalized legal or tax advice, please consult with a qualified professional.
Written by Lisa Martinez, Founder of TX Cash Home Buyers
About The Company
TX Cash Home Buyers helps Texas homeowners sell quickly and simply — even in tough situations like repairs, inherited homes, or financial stress. Founded by Lisa Martinez, we’re known for our local experience, fair offers, and commitment to guiding sellers through off-market sales with clarity and care.
