How to Sell a House During Probate in Dallas, Texas (Without Losing Time or Money)

If you’re reading this, you’re likely dealing with the stress of selling a loved one’s home while working through Texas probate rules. Most guides repeat the same basics, but I’ve dug deep into what Dallas residents actually struggle with—and uncovered hidden loopholes, local resources, and tax tricks most articles miss. Let’s get straight to the good stuff.

Step 1: Understand the Probate Type (It Changes Everything)

In Texas, probate isn’t just one process. Here’s what matters for Dallas:

• Independent Administration:
  • The Gold Standard: Executors can sell the house without constant court oversight.
  • But… You still need court approval to list the property. File Form PR-11 at the Dallas County Probate Court (600 Commerce St.).
• Dependent Administration:
  • Court supervises every step (common if the will is contested).
  • Pro Tip: Mediate disputes early using the Dallas Bar Association’s Dispute Resolution Center to avoid delays.

What Others Miss:
Even in independent cases, Dallas requires a verified inventory (appraisal) of the house within 90 days. Skip this, and the sale stalls.

Step 2: Get Court Permission (Without the Headache)

1. Become the Executor:
   • File for Letters Testamentary at the Dallas Probate Court (fee: ~$400).
   • No will? Texas law prioritizes spouses/adult children as administrators (Estates Code § 201.051).
2. File a Motion to Sell:
   • Use Dallas County’s Form PR-11. Attach:
     • A Texas-licensed appraisal (required by law).
     • Proof the sale is necessary (e.g., mortgage debt, property taxes owed).

Red Flag: If the house is in a hot area like Bishop Arts or Lakewood, buyers might pressure you to sell fast. Don’t—the court sets the minimum price.

Step 3: List the House (and Dodge Buyer Pitfalls)

• Hire a Probate-Savvy Realtor:
  • Ask agents: “Have you closed a probate sale in Dallas County?” If they hesitate, walk.
  • Tag the listing as “probate sale” in MLS to filter unserious buyers.
• Price at or Above Appraised Value:
  • Texas law requires this unless the court approves a lower price (rare).

Alert:
Most guides don’t warn about homestead exemptions. If the deceased had one, notify the Dallas Central Appraisal District ASAP. Letting it lapse = tax penalties.

Related article for you:
10 Steps to Fund Your Trust Correctly (And Avoid Probate)

Step 4: Close the Sale (and Keep More Money)

• Tax Hack: Heirs get a step-up in basis.
  • Example: Dad bought the house for 
  • 50kin1980.It’sworth
  • 50kin1980.It’sworth450k when he dies. Sell it for $450k? Zero capital gains tax.
  • Catch: Sell within a year to lock in the IRS’s “date of death” value.
• Title Companies:
  • Dallas firms like Lone Star Title or Chicago Title handle probate closings daily. They’ll manage the court order and deed transfer.

What Others Miss:
If the estate is small (under $75k in non-house assets), use a Small Estate Affidavit (Texas Estates Code § 205.001) to skip probate entirely.

Step 5: Avoid These 3 Costly Mistakes

1. Ignoring Heir Disputes:
   • Siblings fighting over selling Mom’s East Dallas cottage? Mediate before listing.
2. Forgetting Maintenance Costs:
   • Dallas’s summer heat can wreck AC systems. Budget for repairs or price accordingly.
3. DIY’ing Legal Forms:
   • A typo in the deed or court filing can invalidate the sale. Use Dallas County’s free form guides or hire a pro.

Dallas-Specific Resources You’ll Actually Use

• Dallas County Probate Court: (214) 653-7661 | Forms & FAQs
• Low-Cost Legal Help:
  • Legal Aid of Northwest Texas: (214) 748-1234
  • SMU Dedman School of Law Clinics: Free probate assistance for qualifying families.
• Texas Law: Estates Code Chapter 356 (Rules for selling property).

FAQs (From Real Dallas Families)

Can I sell before probate ends?

Yes, but the title can’t transfer until probate closes. List early, close later.

My aunt is contesting the will. Now what?

The court pauses the sale until disputes resolve. Push for mediation—it’s faster and cheaper.

How long does this take?

3-6 months in Dallas if smooth. With drama? 9+ months.

Secret to a Faster Sale

Hire a probate attorney on a flat fee (many Dallas lawyers charge 

2k−4k for home sales). They’ll handle:

• Court filings
• Heir negotiations
• Realtor vetting

Free Tip: Search “Dallas probate attorney” + “flat fee” to avoid hourly billing surprises.

Final Word

Selling a house during probate in Dallas is like navigating I-35 at rush hour—messy, but doable with the right shortcuts. Follow these steps, tap into local resources, and always consult a pro for legal hiccups.

Need Help?

• Dallas County Law Library: Free access to legal guides (600 Commerce St.).
• Texas Bar Referral Service: (800) 252-9690 for vetted attorneys.