Probate is the legal process that establishes who has the authority to manage a deceased person's estate. Until probate is opened and an executor or administrator is appointed by the court, no one has the legal right to sell the property.

In Texas, the court issues Letters Testamentary (if there is a will) or Letters of Administration (if there is no will), and these documents are what give the personal representative the authority to sign contracts, list the property, and close a sale. Without them, a title company will not close the transaction.

This is the single most important thing for families to understand: being named in a will does not give you automatic authority to sell. The court must grant that authority through the probate process first.

Yes. In Texas, once the executor or administrator has been appointed and has received their Letters Testamentary or Letters of Administration, they generally have the authority to sell real property on behalf of the estate.

Under an independent administration, which is the most common type in Texas, the executor can typically sell without obtaining a separate court order. Under a dependent administration, the court must approve the sale, which adds time and procedural steps.

Either way, the property can be listed, marketed, and sold while probate is still open. You do not need to wait until the entire estate is settled to sell the real estate.

Independent administration gives the executor broad authority to manage and sell estate assets without ongoing court supervision. This is the most common and efficient form of probate in Texas, and most well-drafted wills specifically request it.

Dependent administration requires the executor or administrator to get court approval for virtually every action, including selling real estate. This is more common when there is no will, when heirs cannot agree, or when the court has concerns about how the estate is being managed.

From a real estate perspective, independent administration is significantly faster and simpler. If you are involved in a dependent administration, expect additional time for court approval before the property can be marketed or sold.

In most cases, yes. Letters Testamentary (or Letters of Administration, if there is no will) are the documents that prove to a title company, buyer, and lender that you have the legal authority to sell the property on behalf of the estate. Without them, the transaction cannot close.

There are limited exceptions. Properties held in a trust, properties with a recorded transfer-on-death deed, and some community property situations may not require Letters. But for the majority of probate property sales in Texas, Letters are required.

If you are unsure whether Letters have been issued or whether you need them, your probate attorney can confirm your status.

A muniment of title is a simplified probate method available in Texas when the deceased had a valid will, the estate has no unpaid debts (other than debts secured by real property), and there is no need for a full administration. The court admits the will to probate and issues an order that allows the property to be transferred directly to the beneficiaries named in the will.

However, a muniment of title does not appoint an executor. That means there is no one with independent authority to sell on behalf of the estate. If the goal is to sell the property, the beneficiaries who receive title through the muniment must act as the sellers.

This can work well in straightforward situations, such as a single beneficiary inheriting a single property. It becomes more complicated when multiple heirs are involved, when they disagree, or when they live in different locations. Texas also offers other alternatives to full probate depending on the circumstances.

The timeline depends on several factors: the type of administration, whether Letters have already been issued, the condition and location of the property, and current market conditions.

If the executor already has Letters Testamentary and the property is ready to list, the selling process itself can move at roughly the same pace as any other real estate transaction, typically 30 to 60 days from listing to closing.

If probate has not yet been opened, you need to add the time it takes to get through the court process, which in Texas usually takes several weeks to a few months depending on the county.

The biggest delays tend to come not from the market, but from family disagreements, title issues, or dependent administrations requiring court approval for each step.

Yes. Probate and inherited properties can be sold in as-is condition on the open market in Austin, San Antonio, and throughout Central Texas.

It is completely normal for probate properties to have deferred maintenance, outdated finishes, overgrown landscaping, or years of accumulated personal belongings. This is not a sign that something is wrong with the property. It simply reflects the reality that the previous owner was no longer able to keep up with upkeep. This is the rule, not the exception, in estate sales.

Many families assume a home in this condition must be repaired before selling or that their only option is a steeply discounted off-market offer. That is usually not the case. There is strong buyer demand for properties in all conditions, and with proper pricing and full market exposure, these homes regularly attract competitive interest from renovation buyers, investors, and owner-occupants willing to take on projects.

The mistake is not selling as-is. The mistake is selling as-is without market exposure, which is how families end up accepting far less than the property is actually worth.

Heir disagreements are one of the most common complications in probate real estate.

If the will directs the executor to sell, the executor generally has the authority to proceed even if individual heirs object. The executor's duty is to the estate, not to the preferences of any single heir.

If the property passes to multiple heirs as co-owners and they cannot agree, any co-owner can file a partition action in court to force a sale. This is a legal remedy, but it is expensive, time-consuming, and typically produces a worse financial outcome for everyone.

In practice, these situations benefit from early communication, realistic expectations, and professional guidance. Having a clear market analysis and a transparent process often helps align the parties before legal action becomes necessary.

This is something I see regularly, and it is one of the areas where specialized experience matters most. Navigating disagreements between heirs is a minefield. Emotions run high, family dynamics are complicated, and the wrong approach can derail the entire process. I know how to guide families through these situations so that everyone can get to the finish line, even when it feels like an agreement is impossible.

Possibly. Texas offers several alternatives to full probate administration depending on the circumstances:

• Muniment of title: if the deceased had a valid will and the estate has no unpaid debts
• Small estate affidavit: for estates valued under $75,000 (excluding the homestead), with specific eligibility requirements
• Affidavit of heirship: used to establish ownership when there is no will, though title companies vary on whether they will insure a sale based solely on an affidavit

Additionally, if the property was held in a trust or had a transfer-on-death deed recorded before the owner's death, probate may not be required at all.

Each method has specific requirements and limitations. Consulting with a probate attorney is the best way to determine which option applies to your situation.

Title companies typically need several key documents to close a probate sale:

• Certified copy of Letters Testamentary or Letters of Administration
• Certified copy of the will (if one exists)
• Death certificate
• Court order admitting the will to probate or appointing the administrator

Depending on the circumstances, the title company may also require an estate inventory, an heirship affidavit, a court order authorizing the sale (in dependent administrations), or documentation related to any liens or outstanding debts on the property.

Every situation is slightly different. Working with a title company experienced in probate transactions prevents last-minute surprises at closing.

If the deceased had a reverse mortgage on the property, the loan typically becomes due when the borrower passes away. The estate or heirs usually have a limited window, often around six months with possible extensions, to either pay off the balance or sell the property.

If the home is worth more than the loan balance, the estate keeps the difference after the sale. If the home is worth less, reverse mortgages are non-recourse loans in most cases, meaning the estate is not responsible for the shortfall.

Time is a real factor with reverse mortgages, so it is important to act early and work with professionals who understand how this timeline interacts with the probate process. The sooner the property is listed and marketed, the more options the estate has.

The pricing methodology is the same. It is based on comparable sales, property condition, and current market conditions. However, probate properties often present unique pricing considerations.

Deferred maintenance, outdated finishes, personal property left in the home, and unknown property history can all affect value. Executors also have a fiduciary obligation to act in the best interest of the estate, which means pricing must be defensible. If heirs or the court question the sale price, the executor needs to be able to show the pricing was based on sound market data and professional judgment.

Overpricing can result in extended time on market and a lower eventual sale price. Underpricing leaves money on the table. The goal is to price the property where it generates maximum competitive interest while being supportable by market data.

I use advanced pricing strategies specifically designed for estate properties that lead to accelerated sales timelines and competitive offer situations. These strategies consistently outperform traditional approaches, getting the property sold faster while netting more money for the estate than conventional pricing and marketing methods would produce.

The costs are similar to a standard real estate sale but may include additional items specific to probate.

Common costs include real estate commissions, title insurance, closing fees, property taxes prorated to the date of sale, any outstanding mortgage balance, and standard seller concessions if applicable.

Probate-specific costs may include attorney fees for the probate proceeding, court filing fees, and expenses related to property maintenance, cleanup, securing the home, or storing personal belongings during the probate process.

All legitimate estate expenses are typically paid from the estate's proceeds, not from the executor's personal funds. Your probate attorney can advise on what expenses are reimbursable and how they should be documented.

In most cases, the tax impact is minimal because of what is called a stepped-up basis. When someone inherits property, the cost basis is "stepped up" to the fair market value at the date of the owner's death. If the property is sold relatively soon after death at or near that value, there is little to no capital gain to tax.

However, if significant time passes between the date of death and the sale, and the property appreciates during that period, there may be a taxable gain on the appreciation that occurred after the date of death.

Tax questions should always be directed to a qualified CPA or tax attorney. This is general information, not tax advice.

Austin's market has unique characteristics that affect probate sales. Property values vary significantly by neighborhood, and the market has shifted considerably from the extreme conditions of 2021 to 2022. Executors need realistic pricing based on current comparable sales, not outdated assumptions or emotional estimates from family members.

Austin also has a strong investor and renovation buyer presence, which benefits as-is probate properties. However, these buyers are sophisticated and will not overpay without competition. Full market exposure is essential to getting the best result, even for properties in challenging condition.

Travis and Williamson County probate courts each have their own procedures and timelines, which can affect how quickly you are able to list and close.

San Antonio has a different market dynamic than Austin. Home values are generally lower, but the market has its own pockets of strong demand, particularly in established neighborhoods and areas experiencing revitalization.

Probate properties in San Antonio often attract interest from both local investors and owner-occupant buyers, especially when priced correctly and marketed broadly. The key, as with Austin, is exposure. Private sales and quick cash offers almost always leave money on the table.

Bexar County has its own probate court procedures and timelines that can differ from Travis or Williamson County. Having a broker who understands both the local market and the specific county court processes makes a meaningful difference in how smoothly the sale goes.

Yes. While Austin and San Antonio are the primary markets, we handle probate property sales across Central Texas, including Travis, Williamson, Hays, Bell, Bexar, Bastrop, and Comal Counties.

Many families dealing with an estate live out of the area or even out of state and need a broker who can manage the process remotely. We are experienced in working with out-of-town executors and coordinating everything from property access and condition assessment to listing, negotiation, and closing, all without requiring the executor to be physically present for every step.

This is very common. Many executors live in another city or another state entirely and have never seen the property, or have not been inside it in years.

The process can absolutely be managed remotely. We handle property access, condition assessment, securing the home, coordinating with attorneys and title companies, managing showings and offers, and getting through closing without requiring the executor to travel to Texas for every step. In most cases, documents can be signed remotely through a mobile notary or online notarization.

The key is working with a broker who is set up for this and communicates proactively so the executor always knows what is happening without having to chase updates.

Any licensed agent can technically list a probate property. But probate sales involve legal authority, fiduciary obligations, court timelines, title complexities, and family dynamics that most agents do not routinely encounter.

Mistakes in probate real estate can result in delays, failed transactions, personal liability for the executor, or leaving significant money on the table. Common errors include listing before Letters are issued, failing to coordinate with the probate attorney on timing, mispricing the property, or not properly disclosing the estate's status to buyers.

These sales frequently involve complex legal and real estate issues happening at the same time. Title defects, outstanding liens, dependent administrations, heir disputes, occupancy issues, properties in unknown condition, and coordination between attorneys, courts, and title companies are all part of the landscape. Handling these moving pieces requires a high level of competence that comes from working in this space consistently, not from occasionally stumbling into a probate listing. An agent who has never navigated a dependent administration or worked through a title issue tied to an heirship determination is learning on the executor's time and at the estate's expense.

A probate realtor understands these risks and knows how to navigate them. They also know how to coordinate with probate attorneys, communicate with multiple heirs, and structure a sale that is defensible if challenged.

In my experience, clients selling a house in probate truly need a higher level of service and consideration than a typical home sale requires. These are not people casually deciding to list their house. They are often grieving, managing unfamiliar legal responsibilities, making decisions on behalf of other family members, and feeling the weight of their fiduciary duty to the estate. Many are doing all of this from out of town, for a property they may not know well, on a timeline they did not choose.

That requires more than just putting a sign in the yard and uploading photos to the MLS. It requires clear communication, patience, proactive problem solving, and the ability to anticipate complications before they become obstacles. The executor needs someone who will carry the weight of the process with them, not add to it.

The attorney handles the legal process: filing the will, obtaining Letters, advising on the executor's duties and obligations, and resolving any legal disputes. The probate realtor handles the real estate side: pricing, marketing, negotiating offers, coordinating inspections, and managing the transaction through closing.

When both professionals communicate and stay aligned, the process moves faster and the executor avoids being caught between conflicting advice. Delays most often happen when the legal and real estate sides operate in silos.

We work with probate attorneys across Central Texas and coordinate closely throughout every transaction. If you do not yet have a probate attorney, we can also help connect you with experienced attorneys in your county.

A Certified Probate Real Estate Specialist is a real estate professional who has completed advanced training specifically focused on probate and estate property transactions. This includes understanding the legal framework of probate, fiduciary responsibilities of executors, estate property valuation, and the unique challenges of selling inherited real estate.

The designation signals a commitment to this niche that goes beyond general real estate practice. Not all agents who claim to "handle probate" have this level of specialized training or experience.

Under Texas law, executors and administrators are held to a higher standard of care. An agent who does not understand probate nuances can unintentionally expose the estate, and sometimes the executor personally, to financial loss, delays, or disputes. Even when a home appears straightforward, probate adds layers that require specialized experience.

I focus specifically on probate and inherited property sales. That means I understand what is at stake, how to protect the estate, and how to structure a sale that is defensible to heirs, attorneys, and the court.

No. I am a licensed Texas real estate broker, not an investor.

As a broker, I owe my clients a fiduciary duty. This includes loyalty, confidentiality, full disclosure, obedience, reasonable care, and proper accounting. Investors and wholesalers do not have these obligations. Their goal is to buy property at the lowest possible price for their own benefit.

My role is the opposite. I represent the estate and work to maximize its value through transparent guidance, full market exposure, and a structured selling process designed to produce the strongest financial outcome.

There are rare situations where a non-traditional or off-market sale may make sense. If that applies, I will tell you plainly and help you understand the tradeoffs. Executors should never pursue non-traditional sales as a default without fully understanding the consequences.

In most cases, no. Probate and inherited properties can be sold as-is on the open market without making repairs.

Most estate properties have some degree of deferred maintenance, outdated finishes, or accumulated belongings. That is entirely normal and expected. It does not mean the property needs to be fixed up before it can be sold, and it does not mean the only option is a discounted off-market offer.

The key factor is market exposure. By listing the property properly, we reach owner-occupants, renovation buyers, and investors simultaneously. Competition between these buyers often results in a higher net price than a private sale, even when no repairs are made.

My role is to help you evaluate whether any preparation is worthwhile and to avoid unnecessary expense or effort that does not materially improve the outcome.

A cash offer is not inherently special. Cash buyers exist in the open market, and cash offers frequently come from properly marketed listings.

What people usually mean by a "cash offer" is an off-market purchase at a discount. While these offers may feel convenient, they almost always result in a lower sale price because there is no competition.

As fiduciaries, we strongly discourage off-market sales unless there is a compelling strategic reason. Selling privately without market exposure typically leaves significant money on the table and increases risk.

The most reliable way to obtain a strong cash offer is through full market exposure, where qualified buyers compete on price and terms. This approach consistently produces better results than unsolicited private offers. Even when the executor and administrator is set on accepting an off-market cash offer, there is substantial benefit to having representation.

Off-market sales are the exception, not the rule.

In limited situations, they may be considered, such as:

• Extreme and unavoidable time constraints
• Significant privacy or security concerns
• Unusual legal or title complications

Even in these cases, we carefully evaluate whether advanced marketing strategies could produce a better result in a similar timeframe. Executors should never default to an off-market sale without fully understanding what they are giving up in value and leverage.

If an off-market option is truly appropriate, I will explain why and help you evaluate it responsibly.

An offer in hand does not necessarily mean it is the best offer available.

Many early offers, especially those made before full market exposure, are significantly below what the property could sell for if marketed properly. Some are not even backed by enforceable contracts or credible buyers.

Common risks include:

• Buyers who renegotiate late in the process
• Wholesalers who tie up the property and attempt to assign the contract
• Failed transactions that cost time and momentum

My role is to evaluate offers not just on price, but on strength, contingencies, and the buyer's ability to close. In many cases, full market exposure produces stronger offers with better terms and far less risk.

Before accepting any offer, it is worth understanding whether it reflects true market value.

Texas Probate Real Estate is a brand within Kritt Real Estate LLC, a fully licensed Texas real estate brokerage. It was created specifically to serve executors, administrators, families, and attorneys who are navigating the sale of estate and inherited property in Central Texas.

We sell real estate. That is the core of what we do. Texas Probate Real Estate exists because probate clients have unique needs that require specialized marketing, communication, and service. This brand allows us to speak directly to those clients and make it clear that this is our focus, not a sideline.

Led by Jeremy Kritt, a licensed Texas real estate broker with extensive experience in estate property sales, the platform also provides education and resources to help families and professionals understand the probate real estate process. But the foundation is always the same: getting the property sold for the best possible outcome.

All listings are handled through Kritt Real Estate LLC in full compliance with Texas law and MLS regulations. Texas Probate Real Estate is a registered DBA with the Secretary of State and the Texas Real Estate Commission.

No. We are not a law firm and do not provide legal advice.

We focus solely on the real estate side of probate and inherited property sales. When legal questions arise, we coordinate closely with probate attorneys to ensure alignment between the legal process and the sale of the property.

This collaboration helps prevent delays, confusion, and missteps while keeping each professional within their proper role.

Yes. These situations are common in probate, and we have handled many of them successfully.

Whether the issue involves a family member who will not vacate, a tenant without a formal lease, or someone occupying the property without authority, there are often practical solutions that do not require immediate legal action.

With the right communication and strategy, many situations can be resolved calmly and efficiently. When legal intervention is necessary, we help guide executors toward appropriate resources while protecting the estate's position.

Yes. Hoarder properties can be sold, and often for far more than families expect.

We have successfully sold properties in extreme hoarding conditions that others believed were unsellable. In many cases, families avoided losing tens or even hundreds of thousands of dollars by not accepting steeply discounted off-market offers.

With proper pricing, marketing, and buyer positioning, even challenging properties can attract competitive interest. We also coordinate cleanup and preparation only when it meaningfully improves the outcome.