Texas Real Estate Sale: Do You Need Court Approval?

Texas built its whole probate system around avoiding this question — independent administration is the answer for the vast majority of estates.

Texas Estates Code Ch. 401-405, §256.003

Quick answer: generally no — independent administration is by far the most common path in Texas, and it lets the executor sell without returning to court. Only dependent administration, a much rarer path, requires prior court approval. Run your own numbers in the Texas probate real estate sale calculator.

How independent administration gets set up

Two ways in: either the will names an independent executor and requests independent administration — the common case, since most Texas wills include this language — or, when there's no will, all heirs agree to it, subject to the court's own best-interest check on that heir agreement.

One filing requirement, then hands-off

Before the executor administers the estate free of further court supervision, a complete inventory of the estate — or a sworn affidavit in lieu of inventory — must be filed, listing all Texas real estate and all personal property regardless of location. Once that's done, the executor can settle with creditors, set aside exempt property, manage estate assets, sell property, and distribute the estate without further court involvement.

Dependent administration: the rarer, closer-watched path

Dependent administration requires court approval before selling estate real estate, along with generally closer ongoing supervision throughout — typically reserved for contested or otherwise complicated estates, and far less common in Texas than independent administration.

Selling can start well before probate closes

Once Letters Testamentary are issued, the executor has authority to list and sell estate real estate — the property can be listed during probate and sold as soon as that authority exists, without waiting for the estate itself to fully close.

Facing probate in Texas?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Texas attorney

Texas generally requires probate to be filed within 4 years of the date of death (§256.003) — a deadline worth knowing regardless of which administration type eventually applies, whether the case lands in Harris, Dallas, Travis, or Bexar County.

Court approval to sell — frequently asked questions

How does an estate end up under independent administration in Texas?

Either the will names an independent executor and requests independent administration — the common case — or, when there's no will, all heirs agree to it, subject to the court's own best-interest check on that heir agreement.

What does dependent administration require that independent administration doesn't?

Court approval before selling estate real estate, along with generally closer ongoing court supervision throughout — the much less common path in Texas, typically reserved for contested or otherwise complicated estates.

Does the executor need to file anything before selling under independent administration?

Yes — a complete inventory of the estate (or a sworn affidavit in lieu of inventory) must be filed first, listing all Texas real estate and all personal property regardless of location, before the executor administers the estate free of further court supervision.

Can an independent executor sell the house even before probate formally closes?

Yes — once Letters Testamentary are issued, the executor has authority to list and sell estate real estate; the property can be listed during probate and sold as soon as that authority exists, without waiting for the estate to close.

Is there a deadline for opening Texas probate after death?

Yes — Texas law generally requires probate to be filed within 4 years of the date of death, under Texas Estates Code §256.003.

This page provides general guidance only and is not legal advice. Based on Texas Estates Code Ch. 401-405 and §256.003. Whether independent or dependent administration applies depends on the estate's own facts. Confirm with the county probate court or a licensed Texas attorney before acting.