For many families, a home is more than a physical structure. It’s a place full of memories, emotions, and, when a loved one passes, it can also become a legal complication. Unlike other assets, real estate can’t be easily split among heirs. That makes it one of the most contested and complex parts of the probate process in Texas.
Whether you’re an executor trying to navigate probate court or a beneficiary unsure of your rights, understanding how real estate is handled under Texas probate law can help you avoid delays, disputes, and financial setbacks. At Forbes & Forbes Law, we guide El Paso families through these decisions with clarity and compassion.
How Texas Probate Law Treats Real Estate
When someone dies owning property in their name alone, that home typically becomes part of the probate estate, unless ownership was structured in a way to avoid probate. Whether there’s a will or not, the court needs to validate ownership and facilitate transfer.
Real estate may pass through one of the following methods:
- Sole Ownership: If the deceased owned the home individually, it will be distributed through probate based on the will or intestate laws if no will exists.
- Joint Tenancy with Right of Survivorship: The surviving co-owner automatically inherits the property, bypassing probate entirely.
- Community Property with Right of Survivorship: For married couples in Texas, this allows the surviving spouse to take full ownership without court involvement.
If the property does go through probate, the executor or administrator is responsible for securing it, managing it, and eventually distributing or selling it, often under court supervision.
What If Family Members Disagree About the Property?
It’s common for multiple heirs to inherit a home together, and just as common for them to disagree on what should happen next. One sibling may want to keep the property, while another prefers to sell it.
In these situations, Texas law allows for a partition lawsuit, where one heir can petition the court to force a sale if no agreement can be reached.
Here’s how that typically unfolds:
- One co-owner files a partition action.
- The court determines that the property cannot be fairly divided.
- A court-ordered sale proceeds, often at public auction.
- Sale proceeds are divided among heirs based on ownership shares.
While a partition sale resolves the impasse, it can damage relationships and result in properties being sold below market value. That’s why we encourage families to speak with an attorney early, before tensions escalate.
Responsibilities of the Executor During Probate
Real estate doesn’t sit idle during the probate process. The executor must:
- Keep mortgage, tax, and insurance payments current
- Secure the property from vandalism or weather damage
- Handle urgent maintenance or repair issues that could affect value
If the executor neglects these duties, the estate could lose value or face legal liability.
This is why even “simple” probate cases benefit from local legal guidance. With the right planning, these problems can be avoided altogether.
Selling Real Estate in Probate
Selling a home through probate involves court-mandated rules. In Texas, most probate sales must be supported by an official appraisal and approved by the court. Typically, the property must sell for at least 90% of its appraised value.
This safeguard ensures fair pricing but can cause delays if valuation or documentation isn’t handled properly.
At Forbes & Forbes, we work with certified appraisers and experienced real estate professionals to help our clients list, price, and sell inherited property correctly, without risking court rejection or unhappy heirs.
Not Sure What to Do About an Inherited Home?
If you’re facing questions about what happens to a family home after death, whether you’re an executor, beneficiary, or spouse, our El Paso probate attorneys can help you understand your options and obligations.
Whether the goal is to keep the home, sell it, or resolve a family dispute, we provide strategic legal guidance that protects your interests and respects your loved one’s legacy.
Call (915) 533-5441 or contact us online to schedule a consultation.
FAQ: Real Estate in Texas Probate
Does real estate always go through probate in Texas?
Not always. It depends on how the property was titled. Joint ownership with survivorship rights or trust-held property may bypass probate.
Can heirs live in the house during probate?
Possibly, but this can lead to complications. All co-heirs must agree, and the executor must consider liabilities, costs, and court obligations.
Can the house be sold before probate ends?
Yes, with court approval. An executor can request permission to sell, but the property must be properly appraised and meet pricing rules.What if the executor isn’t maintaining the property?
Heirs may be able to petition the court for intervention or request the executor’s removal if duties are being neglected.
*This article updated with new information January 2026
