Probate isn’t optional in most cases, and it isn’t fast — but knowing the actual steps and typical timing helps you plan around it instead of being surprised by it. Here’s how a Texas probate case moves from filing to the point where you can actually close on the sale of the house.
Filing the Will and Opening Probate
Texas requires a will to be filed for probate within four years of the person’s death, though most families file within a few months to get the estate moving. The named executor (or an heir, if there’s no will) files an application with the county probate court, and a hearing is typically scheduled two to three weeks later — Texas law requires at least 10 days’ notice by posting before the court can act.
Independent vs. Dependent Administration
Most Texas wills request independent administration, which lets the executor act — including selling real estate — without asking the court to approve each individual step, cutting months off the process compared to dependent administration. If there’s no will, or the will doesn’t authorize it, all heirs generally have to agree to independent administration, or the estate defaults to dependent administration, where the court must approve the sale price and terms before closing, adding significant time and cost.
Getting Letters Testamentary
Once the court admits the will and appoints the executor, it issues Letters Testamentary — the legal document that proves the executor has authority to act on the estate’s behalf, including signing a listing agreement or purchase contract. This typically happens at or shortly after the same hearing where the will is admitted, so from filing to having Letters in hand is often four to eight weeks in an uncontested case. No title company will close a sale without seeing these letters, so getting them is the real starting line for marketing the house.
Notifying Creditors and the Waiting Period
Texas requires the executor to publish notice to creditors within one month of receiving Letters Testamentary, and creditors then have a set window to file claims against the estate. This step doesn’t have to block a sale of real estate in most independent administrations, but it’s part of why an estate isn’t usually considered fully closed for a year or more — the house can sell well before then, with proceeds held or distributed once the estate is later settled.
When You Can Actually List or Sell
In an independent administration, the executor can typically list or accept an offer as soon as Letters Testamentary are issued — there’s no need to wait for the creditor period or the full estate to close. In a dependent administration, the executor usually needs a separate court order approving the specific sale before signing a contract, which means the timeline depends on the court’s calendar as much as the market.
What Can Speed Things Up
A will that clearly names an executor and authorizes independent administration is the single biggest time-saver, since it avoids needing every heir’s sign-off or a dependent administration. Hiring a probate attorney familiar with the local court, filing promptly, and having heirs already in agreement on selling all shave real time off the process — most of the delay in probate comes from disputes and missing paperwork, not the law itself.
Selling While Probate Is Still Open
Zachary Faris, who works with you, is a licensed Texas real estate agent (TREC #0691730), sponsored by Myers Home Buyers LLC (TREC #9005311). Panda Properties buys inherited houses directly for our own account, in as-is condition, once Letters Testamentary are in hand — no cleanout, no repairs, and no waiting on a buyer’s financing while the estate is still in probate. It’s a different transaction than listing, and it’s the right fit for some families and not others; we’re happy to talk through both.
If you’re navigating probate and want to know what selling directly could look like once you have Letters Testamentary, reach out — we’ll walk through where things stand and give you a straight answer.
Frequently Asked Questions
Will you be listing my home on the MLS or actually buying it?
Great question. Panda Properties buys houses directly for our own account — we’re not listing the house on the MLS as your agent. Zachary Faris, who works with you, is a licensed Texas real estate agent (TREC #0691730), sponsored by Myers Home Buyers LLC (TREC #9005311), but this purchase is a direct sale to us, not a representation of the estate as a seller. From there, we typically repair the house and resell it or keep it as a rental.
Do you pay fair prices for properties?
Many of the homes we purchase are below market value (we do this so we can resell at a profit to another home owner). We are looking to get a fair discount on a property. However, in our experience, many sellers aren’t necessarily expecting a large “windfall” on the property but rather appreciate that we can offer cash, we close very quickly (no waiting for financing), and no time or effort, or expense is required on your part of fix up the property or pay agent fees. If that’s what you’re looking for and you see the value in getting your house sold fast…let’s see if we can come to a fair win-win price. (Besides, our no-obligation pricing commitment means that you do not have to move forward with the offer we give… but it’s good to know what we’re offering!)
How do you determine the price to offer on my home?
Great question, and we’re an open book: Our process is very straightforward. We look at the location of the property, what repairs are needed, the current condition of the property, and the value of comparable homes sold in the area recently. We take all of that into consideration, along with current local market conditions, and come up with a fair price that works for us and works for you too.
Are there any fees or commissions to work with you?
This is what makes us stand out from the traditional method of selling your house: There are NO fees or commissions when you sell your house to us. We’ll make you an offer, and if it’s a fit then we’ll buy your house (and we’ll often pay for the closing costs too!). No hassle. No fees. We make our money after we pay for repairs on the house (if any) and sell it for a profit (we’re taking all of the risks here on whether we can sell it for a profit or not, once we buy the house from you… the responsibility is ours and you walk away without the burden of the property and its payments… and often with cash in your hand).
How are you different from a real estate agent?
Real estate agents list properties and hope that someone will buy them. The agent shows the properties to prospective buyers if there are any, and then takes a percentage of the sale price if they find a buyer. Sellers who list traditionally often wait weeks or months for the right buyer, financing approvals, and closing — time many heirs settling an estate simply don’t have. Oftentimes, the agent’s commission is 3-6% of the sale price of your home (so if it’s a $100,000 home, you’ll pay between $3,000 – $6,000 in commissions to an agent). But that’s where we’re different: rather than listing the house, Panda Properties buys it directly. Zachary Faris, who works with you, is a licensed Texas real estate agent (TREC #0691730), sponsored by Myers Home Buyers LLC (TREC #9005311), but in this transaction we’re the buyer, not the estate’s listing agent — we don’t list homes. Since we’re actually the ones buying the home from you, and we pay with all cash…we can make a decision to buy the home within a couple of days (sometimes the same day). Again, we make our living by taking the risk to buy the home with our own cash, repair it, and market it ourselves to find a buyer (which is the hard part in this market).
Is there any obligation when I submit my info?
There is absolutely zero obligation for you. Once you tell us a bit about your property, we’ll take a look at things, maybe set up a call with you to find out a bit more, and make you an all-cash offer that’s fair for you and fair for us. From there, it’s 100% your decision on whether or not you’d like to sell your home to us… and we won’t hassle you, won’t harass you… it’s 100% your decision and we’ll let you decide what’s right for you.