The answer to the often-asked question “Can a house be sold while it is in probate in San Antonio Texas?” is “Yes.”
But you must adhere carefully to Texas’ and more specifically Bexar County’s pertinent rules and regulations.
The probate court will monitor every step and all aspects of the sale, and if you’re the executor or executrix, you, too, must monitor and approve all the terms of the sale.
It can be a complex process, but understanding it will make things a little smoother.
Can A House Be Sold While In Probate In San Antonio Texas?
Appointment of Administrator/Executor
If the decedent’s will designated a specific person as the executor and that person is willing to act in that capacity, then he or she is officially appointed as the executor/executrix.
If on the other hand, no one has been designated as executor in the will, then the court and/or other relatives will appoint a near relative to act as administrator. If the person died without a will then there is another process for selling the house via an affidavit for heirship in which all of the heirs must participate in the sale by signing all of the documents at closing. The way the proceeds will be split must be decided beforehand.
This is usually an optional step unless one of the Bexar County Probate court judges mandates an appraisal. If they do mandate the appraisal, the next step is to have the property appraised.
But you must make sure the appraiser you choose is a licensed, reputable appraiser.
The judge will want the property to sell for close to the appraised value. Sometimes there are reasons the house would sell for significantly less than the appraised value. This is often the case when the house needs significant repairs and contractor bids are coming in higher than what the appraiser thought. In these cases, the judge may ask to see pictures and bids from contractors. There is also the possibility that the judge will approve a sale on less than appraised value just on the word of the executor.
This is the step where the answer to “Can a house be sold while it is in probate in San Antonio Texas?” begins to become a reality. When you have agreed to sell the house to a buyer, the court or probate attorney will need a copy of the contract and may need a copy of the settlement statement from the title company. The court will as a formality approve the sale and the court documents will needed to be provided to the title company. While all this can seem like a complicated process, at Capstone Homebuyers – We Buy Houses, we have been doing these types of transactions for years and can help you navigate the process with ease. If you would like to sell you house fast and without the hassle, give us a call.