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

When a will is admitted to probate, the court officer authorizes an executor 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 the will.

Many estates contain real property. Depending on the circumstances, the executor might transfer the title to heirs as directed in the decedent's will or sell the property outright. In any case, the executor must issue a deed for the transfer. Note that executor's deeds do NOT typically include a general warranty on the title. The executor may offer a special warranty, meaning that he has the right to sell the property, and will only defend the title against claims on his actions.

An executor's deed is used by executors who are authorized by the Probate Court to transfer real property out of an estate. These instruments must meet the same requirements as a warranty deed or quitclaim deed, plus include additional information about the probate case. Sometimes, the executor must also include supporting documentation such as copies of the letters testamentary, the will, signatures from heirs or beneficiaries, etc.

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 Executor Deed Package includes form, guidelines, and completed example)

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