Getting Probate Court Permission to Sell Real Property in Texas

Disclaimer: I am not a lawyer. This article explains general information about Texas probate law to help you understand your options. This is not legal advice. For advice specific to your situation, consult a licensed Texas attorney.

Detailed Answer — How to get the probate court’s permission to sell property in Texas

When someone dies and their real estate is part of the estate, the personal representative (called an executor if named in a will, or an administrator if the court appoints one) often needs either authority in the will or a court order to sell that property. Texas law allows two common paths:

1. Independent administration (no court approval for each sale):

   If the will grants the representative the power to act as an independent administrator, or if the court appoints an independent administrator, the representative usually can sell estate property without needing a separate court order for each sale. Independent administration and the representative’s powers are governed by the Texas Estates Code (see Texas Estates Code, Chapter 401). For the statute text, see: Texas Estates Code – Chapter 401 (Independent Administration).

2. Dependent (supervised) administration — court permission required:

   If the estate is being administered under court supervision (no independent administration authority exists), the personal representative must ask the probate court for authority to sell real property. The court issues an order authorizing the sale only after required filings and proper notice to heirs, beneficiaries, and sometimes creditors. The exact documents and notice rules can vary by county and by whether the sale is part of a full settlement or a special sale request.

If the county clerk’s office will not explain filing requirements, follow these practical steps to obtain permission and avoid procedural mistakes:

Step-by-step practical process

1. Confirm your role and the probate status. Locate the court’s probate case number and the order appointing you (Letters Testamentary or Letters of Administration). If you don’t have these documents, request a copy of the probate file from the clerk and review the appointment order to see whether independent administration was granted.
2. Check the will for sale powers. Read the will carefully. Some wills expressly authorize the personal representative to sell real estate without further court approval. If the will grants that power and independent administration was appointed, you may be able to sell under those powers.
3. If independent administration is not in place, prepare to file a petition to sell. The usual filings include:
   • Petition or application asking the court to authorize sale of the real property (often called “Application for Authority to Sell Real Property” or similar).
   • Copy of Letters Testamentary or Letters of Administration showing your appointment.
   • Copy of the will (if there is one) and the death certificate.
   • Proposed order granting authority to sell and setting terms (price, buyer, commissions, etc.).
   • A copy of the proposed sales contract or evidence of the proposed sale terms (if you already have a buyer).
   • Affidavit or proof of service of required notices to heirs, beneficiaries, and known creditors.
4. Follow local rules and notice requirements. Each county’s probate court may have local rules about required forms, required notice periods, fees, and whether hearings are needed. If the clerk’s office won’t explain the rules, check the court’s website for local probate forms and rules, or review the county’s online docket entries for similar cases to see what other filers submitted.
5. Give proper notice. Texas law requires notice to interested persons before the court signs an order allowing sale. Interested persons include heirs, beneficiaries, and sometimes creditors. Prepare a list of interested persons with addresses for service and follow the court’s required method (mailing, citation, or publication) and timing.
6. Set a hearing if required. Many courts require a hearing before approving a sale. File your petition and request a hearing date (or ask the court clerk how hearings are scheduled). At the hearing, be prepared to explain the sale terms, why it is in the estate’s best interest, and that appropriate notice occurred.
7. Get a signed court order. The sale isn’t fully authorized until the judge signs an order granting the representative authority to execute the deed and close the sale. Keep certified copies of that order and provide them to the title company or closing agent.
8. Close the sale per court order. The closing usually requires the judge’s signed order and, sometimes, subsequent confirmation of sale or accounting (especially for certain types of property or related-party sales).

If the clerk’s office won’t help with filings

• Ask for public-facing resources only: clerks may provide filing deadlines, fees, and copies of local rules, but they cannot give legal advice. Ask them where the court posts local probate forms and rules.
• Search the county probate court website for forms, sample petitions, and local rules. Many county courts keep online guides or checklists for probate sales.
• Use statewide resources: Texas Courts maintains probate forms and general information at Texas Courts — Probate Forms. TexasLawHelp has free guidance at TexasLawHelp — Probate & Estate Administration.
• Consider visiting a law library or a legal aid clinic. Many Texas counties have law libraries or self-help desks run by the court where staff or volunteers can explain court procedures and forms (not legal strategy).
• If uncertainty remains, hire a probate attorney for a limited consultation or limited-scope representation to prepare and file the petition to sell. An attorney can ensure you meet statutory notice, form, and hearing requirements and avoid delays or a rejected filing.

Key statutes and resources

• Independent administration authority: Texas Estates Code, Chapter 401 — https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm
• Texas Courts probate forms and information: https://www.txcourts.gov/rules-forms/forms/probate-forms/
• Practical self-help questions and forms: https://texaslawhelp.org/article/probate-estate-administration

Helpful Hints

• Start by confirming whether the personal representative has independent administration authority; that single fact often determines whether a court order is required.
• Collect these documents before filing: Letters Testamentary/Administration, death certificate, will, contract to sell (if you have one), and a proposed order for the judge to sign.
• Document every attempt to get information from the clerk (dates, names, what you asked). That helps if you later need to explain delays to the court or an attorney.
• Don’t rely on verbal assurances from non‑attorney staff that a sale is authorized. Always obtain a written court order when required.
• Expect delays: probate sales require notice periods and sometimes appraisals or accountings before a judge will act.
• If a buyer needs to close quickly, explain the probate timeline to them and include probate-contingent language in the contract (e.g., closing is conditional on court approval), or seek court permission for expedited handling if the facts justify it.
• Consider a limited consultation with a probate attorney to draft the petition and proposed order. Limited help is usually less expensive than full representation and can avoid costly procedural mistakes.

If you want, tell me whether the estate has a will, whether you are the named executor or court-appointed administrator, and whether independent administration was granted. With those facts I can give a more tailored checklist of documents and likely next steps under Texas probate practice.