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Detailed answer

Short overview: When a decedent’s will is old or does not reflect current circumstances, Texas law still controls which document is the decedent’s valid will and how the estate is administered. The immediate tasks are (1) locate and submit the original will for probate; (2) determine whether independent administration is available or a court-supervised (dependent) administration is required; and (3) obtain the legal authority you need—either through letters from the court or a court order—to sell real property owned by the estate. Keep in mind homestead, exempt-property, and creditor rules that can limit or delay a sale.

1. Confirm which will (if any) is legally controlling

Texas follows the most recent valid will of the decedent. If there is a later will or codicil, that later document controls, provided it was executed with the formalities required by Texas law. If there is no later valid will, the older will remains effective.

Practical steps:

• Find the original signed will (not a copy) and any codicils.
• Ask whether the decedent made a trust that holds real property (trusts often avoid probate).
• If multiple wills exist, the probate court will decide which is valid.

2. Start probate and choose the right administration

To get authority to manage and sell estate property, you must open probate in the correct Texas court (usually the county court or probate court where the decedent lived). The initial filing asks the court to admit the will and appoint an executor or administrator.

Many Texas estates are handled using independent administration, which reduces court supervision and can allow an appointed personal representative to sell estate assets without getting a separate sale order for each transaction. Texas law provides for independent administration where the will requests it or the heirs consent. See the Texas Estates Code chapter on independent administrations for statutory details: Texas Estates Code, Chapter 401 (Independent Administration) and the general Estates Code index at statutes.capitol.texas.gov.

3. Get formal authority: Letters testamentary or a court order

After the court admits the will, it issues letters that name the personal representative (often called an executor or independent administrator). Those letters are the document title companies, banks, and third parties will look for to accept the representative’s authority.

If independent administration applies and the personal representative has statutory or will-granted sale powers, many lenders and title companies will accept an executor’s deed or other transfer documentation without an extra court order. If the estate is under dependent administration or independent authority is not available, you will generally need a specific court order authorizing the sale of real property.

4. Special Texas rules that affect selling real property

• Homestead protection: Texas provides strong protection for the homestead. If the decedent’s principal residence is the homestead, selling it may require consent of the surviving spouse or court authorization depending on who is entitled to homestead rights. These rules can block or delay a sale—get legal advice before listing a homestead property.
• Exempt property and allowances: The surviving spouse and minor children may be entitled to an allowance or certain exempt property that must be protected from creditors before property is sold.
• Ademption: If the will devises a specific parcel that the decedent sold during life, that devise may fail (is “adeemed”). Confirm whether the property is actually in the estate before relying on the will’s language.

5. Typical step-by-step process to finalize administration and sell estate real property

1. Locate original will and gather key documents (death certificate, deeds, mortgage statements, title information).
2. File an application to probate the will in the appropriate Texas court and ask that the nominated executor be appointed. If heirs are likely to agree, request independent administration in the petition.
3. Receive letters testamentary or letters of administration (these confirm authority to act).
4. Prepare inventory and list of estate assets and notify known creditors as required by Texas law.
5. If independent administration applies and the representative has sale authority, obtain the executor’s deed and work with a title company to clear title. If independent authority does not exist, petition the court for an order authorizing sale (the court will set a hearing and provide notice to interested parties).
6. Close sale through a title company or closing attorney. Use sale proceeds to pay allowable debts, taxes, and expenses of administration in the order required by law.
7. File the final accounting and petition for distribution or closing documents with the court. Obtain court approval if the administration was dependent or if the court requires it.

6. What to do when beneficiaries or heirs dispute the will or sale

Disputes can arise over whether a will is valid, whether independent administration should be allowed, or whether a sale should go forward. If anyone plans to contest the will or object to the sale, notify the court and consider hiring an attorney right away. Contests can delay sales and require detailed proof (evidence of lack of capacity, undue influence, improper execution, etc.).

7. Where to find statutory text and forms

Read the relevant Texas Estates Code chapters on wills, probate procedures, and independent administration at the Texas statutes site: https://statutes.capitol.texas.gov/. For practical probate guides and self-help forms, TexasLawHelp has plain-language resources: https://texaslawhelp.org/article/probate-basics. For court-specific procedures and local forms, check the website of the county probate or county court-at-law where the decedent lived.

8. When you should hire a probate attorney

Consider hiring an attorney if any of the following apply:

• The will appears invalid, there are multiple wills, or beneficiaries will contest probate.
• The estate includes homestead or complex real estate, significant debts, tax issues, or business interests.
• Heirs disagree about independent administration or sale terms.
• You need to accelerate a sale or ensure title companies will accept an executor’s deed.

Important disclaimer: This information explains general Texas probate rules and typical steps to obtain authority to sell estate real property. It is educational only and does not create an attorney-client relationship. It is not legal advice. For advice that applies to your specific situation, consult a licensed Texas attorney.