If someone you love recently passed away and left behind a house, you’re probably asking questions like: What happens to the property now? Do we have to go to court? Can we sell it right away?
This guide answers all of those questions as clearly as possible.
What Is Probate?
Probate is the legal process through which a deceased person’s estate is settled. A court confirms the validity of the will (or determines how to distribute assets if there’s no will), appoints someone to manage the estate, pays any outstanding debts, and then transfers remaining assets to the heirs.
In Texas, probate is handled at the county level. In the Rio Grande Valley, that means Hidalgo County Probate Court or Cameron County courts depending on where the property is located.
Can You Sell a House While It’s in Probate in Texas?
The short answer is: not until the estate has legal authority to do so.
Before a property can be sold, the probate court must appoint an executor or administrator who has the legal authority to act on behalf of the estate. Once that person is appointed, they can list and sell the property — even while probate is still ongoing in some cases.
Texas is considered a relatively straightforward probate state. An independent administration (which most Texas wills allow) gives the executor broad authority to sell property without needing court approval for every step.
What If There Is No Will?
When someone dies without a will in Texas (called dying “intestate”), the court determines who inherits the property according to Texas intestate succession laws. This process takes longer and can be more complicated, especially when there are multiple potential heirs.
In this situation, all heirs must be identified and notified before the property can be sold.
How Long Does the Probate Process Take in Texas?
A simple, uncontested probate case in Texas typically takes 4 to 6 months from filing to closing. Complicated estates — those with disputes, missing heirs, title defects, or significant debt — can take a year or more.
What Costs Are Involved in Probate?
Typical probate costs in Texas include court filing fees, attorney fees, appraisal costs, and ongoing property expenses like taxes, insurance, and utilities on the inherited home. These costs come out of the estate before anything is distributed to heirs.
How Does Selling to a Cash Buyer Help During Probate?
Once the executor has legal authority to sell, a cash buyer can move extremely fast — often closing in 7 to 14 days. This is important because every month the estate holds the property, it costs money.
Cash buyers like Sunbelt Cash Offer also purchase properties as-is, which means heirs don’t need to invest money into a house they’re inheriting just to sell it.
Sunbelt Cash Offer Works With Probate Properties in the RGV
We understand the probate process in Hidalgo County and Cameron County. We’ve helped many families navigate the sale of inherited properties in McAllen, Edinburg, Harlingen, Pharr, and across the Rio Grande Valley.
If you have an inherited property and want to understand your options, call us at (956) 884-4441. There’s no obligation and no pressure — just honest answers.