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A guide to probate sales

On Behalf of | Feb 14, 2023 | Probate And Estate Administration

Probate sales are a type of real estate transaction that occurs when someone passes away without leaving directions in their will about what to do with their home. In most cases, an authorized representative sells the home, then distributes the assets among the decedent’s heirs. In these cases, Texas courts (or courts that govern the area) are responsible for overseeing the sale of the property and the distribution of the proceeds to the appropriate parties.

The probate process

The probate process can be lengthy and complex, but it is a necessary step in the distribution of a deceased person’s assets. The court will appoint a personal representative to handle the sale of the property and ensure that the proceeds get distributed according to the law. This representative may be an attorney, a family member or another individual with a financial interest in the property.


One of the benefits of a probate sale is that it provides a clear and legally binding process for the distribution of the deceased person’s assets. This can help to avoid disputes, with the representative selling the property fairly and equitably. Additionally, the probate court provides a level of oversight and protection for both the estate and the buyers, ensuring that the sale is transparent and fair to all parties involved.

Potential drawbacks

However, probate sales can also be lengthy and costly, as you must pay the court and personal representative as compensation for their services. Additionally, the property may sell for less than market value if it is not properly marketed or maintained during the probate process.

Probate sales as an opportunity

For potential buyers, probate sales can represent an opportunity to purchase a property at a discount. However, it is important to keep in mind that these sales are subject to court approval, and the buyer may need to wait for a period of time before the property is officially transferred to them. Additionally, the buyer will be responsible for any necessary repairs or upgrades to the property, as the estate may not have the resources to make these improvements.

Understand the probate process

Probate sales can be a complex and lengthy process, but they provide a clear and legally binding way to distribute the assets of a deceased person. Whether you are a potential buyer or a personal representative overseeing the sale, it is important to understand the process and do your due diligence to ensure a fair and successful outcome.