Texas Probate Real Estate Sale Calculator

Independent administration: Texas's defining feature

What makes Texas different: under Texas Estates Code §402.002, once an independent executor is appointed and the inventory (or an affidavit in lieu of inventory) is filed, the executor administers the estate — including selling real estate — without further court involvement or supervision. This is most Texas probate, whether or not a will exists, and is Texas's defining departure from the informal/formal framework other states use; Texas never adopted the Uniform Probate Code.

A 5% cash commission, not a percentage of the estate

Under Texas Estates Code §352.002, the standard commission is 5% of cash the estate actually takes in, plus 5% of cash it actually pays out — a genuinely different formula from most states' percentage-of-principal schedules. No commission applies to the estate's initial principal or to life insurance proceeds.

Muniment of title: an even lighter alternative

When there's a valid will and no unpaid unsecured debts (a mortgage is fine), the will itself can be admitted to probate as muniment of title — no executor is appointed, no bond required, and no ongoing administration needed. The will serves as the legal instrument proving the house passed to the named beneficiaries.

Zero state tax on the gain

Texas has no state income tax at all, so any gain from the sale owes nothing to the state — only federal capital gains tax applies. See Capital Gains Tax on the Sale for the details.

No single statewide probate court

Depending on the county, the case is heard in a Statutory Probate Court (the busiest counties, including Harris, Dallas, and Travis), a County Court at Law, or a Constitutional County Court — the statutory framework applies identically; only which local court handles the case differs.

Texas probate real estate sale — frequently asked questions

Does a Texas independent executor need court approval to sell the house?

No — once Letters Testamentary are issued and the inventory (or affidavit in lieu of inventory) is filed, an independent executor can list, sell, and close on estate real estate without returning to court, under Texas Estates Code §402.002. Dependent administration, far less common in Texas, does require court approval before selling.

How much does a Texas executor get paid for selling the house?

Under Texas Estates Code §352.002, the standard commission is 5% of cash actually received by the estate plus 5% of cash actually paid out — not a percentage of the estate's principal value, and not on life insurance proceeds. The court can allow more in unusual cases.

Do I owe Texas state tax on the gain from selling an inherited house?

No — Texas has no state income tax at all, so any gain from the sale owes zero Texas state tax. Only federal capital gains tax applies, typically on a small base thanks to the stepped-up basis.

What is muniment of title, and could it apply instead of a sale through an executor?

When there's a valid will and no unpaid unsecured debts (a mortgage is fine), the will itself can be admitted to probate as muniment of title — no executor is appointed, and the will serves as the legal instrument proving the transfer of the house to the beneficiaries named in it.

How quickly can a Texas independent executor actually list the house?

Independent administration typically takes just 4 to 8 weeks from filing to receiving Letters Testamentary, after which the executor has full authority to list and sell — among the fastest paths to a sale-ready estate in the country.

This calculator provides an estimate for general guidance only and is not legal, tax, or financial advice. Figures are based on Texas statute (Estates Code §402.002, 352.002) and typical realtor commission rates. Actual costs depend on the estate's own facts. Confirm current figures with the county probate court or a licensed Texas attorney before acting.