The house does not transfer on its own
In Texas, real estate does not automatically pass to heirs when the owner dies. The home becomes part of the deceased person's estate, and the probate court determines who has the legal authority to handle it.
If there is a will, it usually names an executor. If there is no will, the court appoints an administrator. Either way, the person receives Letters Testamentary or Letters of Administration, and those documents are what give them the power to deal with the house.
What the executor actually controls
The executor or administrator is responsible for the estate: protecting the property, paying debts and taxes, and eventually distributing assets to the heirs. When it comes to the house, they decide whether to sell it, keep it, or transfer it to heirs.
That is a lot of responsibility, especially while grieving or living out of town. Executors do not have to figure it out alone, and they do not have to know real estate. They need someone who can explain the process in plain language and handle the property side.
The property still needs care
While probate runs, the house still has a mortgage, taxes, insurance, and maintenance. A vacant home can develop problems quickly, from leaks and pests to vandalism. Securing the property and keeping utilities managed is one of the first practical jobs.
Heirs often ask whether they need to clean the house out before selling. The answer depends on the sale strategy, and a good agent will walk the property with you and give you a straight answer about what is worth doing.
When the house can be sold
Under independent administration, which covers most Texas wills, the executor can list and sell the property as soon as Letters Testamentary are issued, usually without court approval for the sale. Under dependent administration, the executor must get a court order confirming the sale before closing.
In either case, the sale cannot close until the executor has legal authority, and heirs must be notified of the proposed sale. An experienced probate agent coordinates with the estate attorney so the listing and the legal process move in step.
You do not have to figure this out alone
Probate is a legal process, but the house is a real estate problem, and the two have to be coordinated. I work with heirs, executors, and estate attorneys across Bexar, Comal, and Guadalupe counties to sell inherited homes with clarity and no pressure.
If you are the person responsible for a house that is now part of an estate, call me. I have got you, and we will make a plan.
Written by
Alberto Murillo
San Antonio REALTOR® and probate property specialist. 12 years buying, renovating, and selling homes; TREC license 615881. Bilingual in English and Spanish.