The Texas Statutes cover the rules for selling a decedent's property from a probate estate in Chapter 356 of the Estates Code.

When an estate is admitted to probate, the court officer authorizes a personal representative (PR) to manage, and eventually close, the estate. Among other duties, this involves identifying the assets and liabilities, paying the bills, and distributing property according to the terms specified in Texas law. If the property owner died with a will (testate), the PR is called an executor. If the individual died without a will (intestate), however, the court appoints a PR known as an administrator.

Many estates contain real property to distribute. Depending on the circumstances, the administrator might transfer the title to heirs as directed by the court or sell the property outright. These transfers require a specific document, known as an administrator's deed, to complete the change in ownership.

An administrator's deed is used to transfer real property out of an estate. These instruments must meet the same requirements for form and content as warranty or quitclaim deeds, as well as providing additional information about the probate case. Additionally, some transfers might need supporting documentation such as copies of the letters of administration, court orders, the death certificate, signatures from heirs or beneficiaries, etc.

Note that administrator's deeds do NOT typically include a general warranty on the title. Some administrators may offer a special warranty, meaning that they have the right to sell the property, and will only defend the title against claims on their actions.

Settling probate estates can be complicated, so take the time to understand the issues. Before buying or selling real property from an estate, review all the risks and benefits, and contact an attorney with questions.

(Texas Administrator Deed Package includes form, guidelines, and completed example)

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