Texas: Personal Representative Deed Requirements

Requirements one by one

Property vests immediately but remains under estate control

Sections 101.001 and 101.003 separate title from administration. Property vests
immediately in devisees or heirs, but issuance of letters gives the executor or
administrator possession of the estate and requires the representative to hold
it in trust for lawful disposition.

Independent administration removes supervised-sale procedure

Sections 402.001-402.002 (§§ 402.001-402.002) establish the independent-administration baseline.
Section 402.052 is broader than a will power. Unless the will limits the power,
an independent executor or administrator has the same sale power and purposes
as a supervised representative, but without court approval or the supervised
procedural requirements. A will power or a distributee-supported appointment-
order power under § 401.006 can separately establish authority and strengthen
the statutory purchaser-protection route.

Dependent administration starts with an application and posted citation

Sections 356.251-356.256 (§§ 356.251-356.256) require a written application
describing the realty and a
verified exhibit showing estate condition, claims, available property, and
necessity or advisability. The clerk posts citation to interested persons, who
may file written opposition. Section 356.255 (§ 356.255) makes a hearing
mandatory if someone timely opposes
and optional otherwise. The court orders the sale only if satisfied that it is
necessary or advisable and specifies the method and terms.

Sale method and credit terms are statutory

The court may choose public auction or private sale. Public auction carries
published-notice requirements under § 356.401, while a court-directed private
sale ordinarily needs no additional sale notice under § 356.451.

For a dependent credit sale, §§ 356.301-.302 require at least one-fifth cash,
interest of at least 4% a year, a vendor's lien retained in the deed and note,
and additional deed-of-trust or mortgage security. The chapter states no general
appraisal percentage or courtroom-overbid formula comparable to California's.

Report, approval, deed, and recording

Under §§ 356.551-356.552 and §§ 356.556-356.558, a dependent representative
reports the bid or contract
under oath within 30 days. After five days, the court reviews the transaction,
bond, fair price, lawful procedure, and sale terms. Approval authorizes the
conveyance. The deed identifies the approval order, vests the estate's entire
right, title, and interest in the purchaser, and is prima facie evidence of
statutory compliance.

For a credit sale, the representative must cause the deed of trust or mortgage
to be recorded in the county where the land lies. Chapter 356 requires the deed
to identify the approval order but does not itself say the order must accompany
the deed in the land records.

What trips people up

The independent sale power does not depend solely on the will. Sections
402.052-402.053 (§§ 402.052-402.053) grant independent executors and
administrators the supervised representative's
sale power unless the will limits it. Will language, a § 401.006 appointment-
order grant, and the recorded sworn affidavit in § 402.053 are instead distinct
ways to support the purchaser's statutory no-inquiry protection.

Common questions

Does an heir have to join an independent executor's deed?

Not under the § 402.053 purchaser-protection route. The statute says heir or
devisee joinder is unnecessary for the purchaser to obtain the estate's entire
right, title, and interest when its conditions are met.

Does every dependent sale require a contested hearing?

No. Section 356.255 requires a hearing when a timely opposition is filed and
lets the court decide without one when no opposition is filed, although the
court may still order a hearing.

Is a court-approved dependent deed itself proof of compliance?

Section 356.557 makes the deed prima facie evidence that the sale met applicable
legal requirements. It does not promise that the property is free of every lien
or title defect.

Statutes and sources

• Tex. Est. Code §§ 101.001 and 101.003 — vesting, possession, and trust for
  lawful disposition. Official current chapter 101, accessed 2026-08-12:
  https://tcss.legis.texas.gov/resources/ES/htm/ES.101.htm
• Tex. Est. Code §§ 356.001-.002, 356.251-.302, 356.401, 356.451, and
  356.551-.558 — dependent sale authority, application, notice, opposition,
  terms, approval, deed, and credit-sale recording. Official current chapter
  356, accessed 2026-08-12:
  https://tcss.legis.texas.gov/resources/ES/htm/ES.356.htm
• Tex. Est. Code § 401.006 and §§ 402.001-.053 — appointment-order sale power,
  independent authority, removal of court approval and supervised procedure,
  recorded affidavit, and purchaser protection. Official current chapters 401
  and 402, accessed 2026-08-12:
  https://tcss.legis.texas.gov/resources/ES/htm/ES.401.htm and
  https://tcss.legis.texas.gov/resources/ES/htm/ES.402.htm