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Can I Sell My Deceased Parents’ House Without Probate in Texas? (2025 Guide)

After a parent passes away, one of the biggest questions families face is what to do with the house. But before you start cleaning out closets or calling realtors, there’s a legal hurdle that may need clearing first:

Can you sell a deceased parent’s home without going through probate?

In many cases, the answer in Texas is no—but there are important exceptions. Let’s walk through what determines whether probate is necessary and what steps you’ll need to take.

Why Probate Matters When Selling a Home

Probate is the legal process that transfers ownership of a deceased person’s assets—like real estate—to their heirs or beneficiaries.

Until someone goes through probate and gets legal authority (like being appointed executor or administrator), the house still legally belongs to the deceased person’s estate.

And here’s the catch: You can’t sell property you don’t legally own.

So if the house is still titled in your parent’s name, you’ll likely need probate to:

• Establish who has the legal right to sell

• Clear the title for closing

• Transfer ownership properly to heirs or buyers

When You Might Be Able to Avoid Probate

While most real estate requires probate, there are some workarounds. Here are a few scenarios where you may not need it:

1. The House Was in a Living Trust

If your parents created a revocable living trust and transferred the home into the trust, it avoids probate entirely.

The successor trustee can sell the property without court involvement.

2. Joint Tenancy with Right of Survivorship

If the home was co-owned (often with a spouse) and included right of survivorship, it passes automatically to the surviving owner.

No probate needed.

3. Transfer on Death Deed (TODD)

Texas allows a Transfer on Death Deed, which lets someone name a beneficiary who automatically receives the house upon death—without probate.

But it must have been filed before death. If no TODD exists, this option won’t help you now.

4. Small Estate Affidavit (Under $75,000)

If your parent died without a will, left no other real estate, and the total estate is worth less than $75,000, you might qualify for a small estate affidavit.

⚠️ Important: A small estate affidavit can’t be used to transfer title to real estate other than a homestead. So it only works in limited cases.

When Probate Is Required

Probate is usually required when:

• Your parent died without a will and owned real estate

• There is no surviving co-owner or beneficiary deed

• The home was solely in the deceased’s name

• Title needs to be cleared for sale or refinancing

Even if the family agrees on what to do, title companies won’t allow a sale without proper legal authority.

What Happens If You Try to Sell Without Probate?

Trying to sell a home without probate can cause:

• Title disputes

• Delayed closings

• Rejected sales

• Lawsuits from other heirs

Buyers and title companies need to see proof that the seller actually owns the property. Without a court order or clear title, the sale can’t move forward.

Real-Life Example: The Stalled Sale

Janet’s father passed away, and she was the only child. She assumed she could sell his home without probate since he left her everything in a will.

But because the home was still titled in his name, she had to open probate, get appointed as executor, and get court permission before she could sell. The sale was delayed by months because she didn’t plan for the process.

What You’ll Need to Sell a Home in Probate

If probate is necessary, here’s what usually needs to happen:

1. File the will (if there is one) with the probate court

2. Get appointed executor or administrator

3. Receive letters testamentary or letters of administration (this gives legal authority)

4. File any required notices to heirs or creditors

5. Obtain court approval for the sale, if required (especially in dependent administrations)

6. Work with a realtor and title company to clear title and close

How The Lange Firm Can Help

At The Lange Firm, we help Texas families:

• Determine whether probate is needed to sell property

• Navigate dependent and independent probate processes

• Resolve title issues or disputes between heirs

• Create estate plans that avoid probate in the future

Whether you’re dealing with a simple homestead or multiple properties, we’ll help you move forward with confidence.

Final Takeaway

You usually can’t sell your deceased parents’ home in Texas without going through probate—unless the title was already set up to pass outside of probate.

Don’t assume you can sell just because you’re the heir. Check the title, talk to an attorney, and make sure the legal groundwork is done.

Contact The Lange Firm for help evaluating your case, opening probate, and clearing the path to a successful sale.