Disclaimer & Educational Notice

Educational Content Only

The content on this website — including articles, guides, checklists, FAQ, and all other educational materials — is provided for general educational and informational purposes only. It is designed to help executors, administrators, trustees, heirs, and other interested parties understand the practical considerations involved in selling real estate during probate in Texas.

This website does not constitute legal, tax, financial, or accounting advice. The information presented is not a substitute for professional advice from a qualified Texas estate attorney, CPA, tax advisor, or other licensed professional.

No Attorney-Client or Fiduciary Relationship

Use of this website and its content does not create an attorney-client relationship, a fiduciary relationship, or any other professional relationship between you and Bill Ross, Hill Country Homesteads Group, or KW Boerne. The content on this site is general in nature and may not reflect the current state of the law or applicable regulations for your specific situation.

Probate Laws Vary

Probate laws, court procedures, and real estate regulations vary by state, county, and specific circumstances. The information on this site is specific to Texas and may not apply in other jurisdictions. Even within Texas, court procedures, filing requirements, and local rules vary by county. Always consult the applicable court and your estate attorney for jurisdiction-specific guidance.

Real Estate Advertising Disclosure

Bill Ross is a licensed Texas real estate agent (License #778434), brokered by KW Boerne. This website is designed to provide general educational information about probate real estate and to offer real estate services in the state of Texas. All real estate services are provided in accordance with the Texas Real Estate License Act and the rules of the Texas Real Estate Commission (TREC).

Update: Effective January 1, 2026, under SB 1968 and amended TREC Rule 535.155, every advertisement of brokerage services must include the name of the license holder or team placing the ad and the broker's name (or registered DBA), with the broker's name at least half the size of the largest contact information or logo in the ad. For social media or text ads, the required information may be placed on a separate page or account profile accessible by a direct link (the "one click" approach) and must be readily noticeable there. The prior requirement to label every ad as "broker" or "agent" was repealed, but advertising still cannot be misleading or imply that a sales agent operates the brokerage. (Source: TREC, SB 1968, Rule 535.155, effective January 1, 2026. Reviewed: October 5, 2026.)

Confirmed October 26, 2026: no further TREC advertising or disclosure rule changes took effect in late 2026. Rule 535.155 (Advertisements), the January 1, 2026 IABS 1-2 form, and the July 1, 2026 contract and disclosure forms all remain in effect, and TREC continues to review its promulgated forms through the Broker-Lawyer Committee with no confirmed new effective date.

IABS Form

In accordance with TREC requirements, the Information About Brokerage Services (IABS) form is available upon request and will be provided at the first substantive communication with a potential client. You may request a copy by contacting Bill Ross at (210) 294-9190 or Bill@HillCountryHomesteads.com.

Update: As of January 1, 2026, TREC requires the revised IABS 1-2 form, which removes subagency language, adds a non-representation status category, and clarifies the written buyer agreement requirement before showing residential property. The prior version is no longer compliant. (Source: TREC, effective Jan 1, 2026.)

Texas Proposition 8 (effective Nov 2025): Texas voters approved a constitutional amendment permanently prohibiting any state estate tax, inheritance tax, or tax on the transfer of an estate.

Texas Proposition 2 (effective Nov 2025): Texas voters approved Proposition 2 (SJR 18), amending the Texas Constitution to prohibit the Legislature from ever imposing any tax on the realized or unrealized capital gains of individuals, families, estates, or trusts. Texas has no state income tax and no state capital gains tax, so a sale of an inherited home is not subject to Texas capital gains tax. Federal capital gains tax rules, including stepped-up basis on inherited property, are unaffected by this state amendment. (Added: October 19, 2026.)

Update: Effective July 1, 2026, TREC's new promulgated contract and disclosure forms are mandatory, including the One to Four Family Residential Contract (Resale) 20-19, the revised Seller's Disclosure Notice (55-1), and the new Seller's Disclosure about Groundwater and Surface Water Rights (TREC 61-0). Transactions documenting an estate sale should use the current TREC forms in effect on the contract date. (Source: TREC, mandatory July 1, 2026. Reviewed: September 28, 2026.)

Update: TREC revised the Seller's Temporary Residential Lease (TREC 15-7), mandatory January 5, 2026, and the Buyer's Temporary Residential Lease (TREC 16-7), revised effective November 3, 2025. Following SB 2349 (effective September 1, 2025), temporary residential tenancies created by a contract of sale, where the buyer occupies before closing or the seller occupies after closing for no more than 90 days, are exempt from the separate Landlord's Floodplain and Flood Notice, which is no longer required on these forms. This is relevant when an heir or occupant stays in an estate property after closing or a buyer moves in before closing. (Source: TREC; SB 2349, 89th Legislature. Added: October 19, 2026.)

Update: Effective January 1, 2026, under SB 1968 and the amended Texas Real Estate License Act, subagency was eliminated, and license holders must use a written buyer representation agreement, signed by the buyer, before performing brokerage services for that buyer. The agreement must state whether the license holder represents the buyer or is providing showing-only (non-representation) services, the amount or rate of compensation and how it is determined, whether the agreement is exclusive, and a termination date, and it must conspicuously show the license holder's business name, business address, and business phone number. (Source: TREC, SB 1968, effective January 1, 2026. Reviewed: September 28, 2026.)

The Texas Real Estate Commission (TREC) Consumer Protection Notice is also available upon request.

Professional Licensing

Bill Ross holds a Texas Real Estate License (#778434) and is a Certified Probate Expert. His practice, Hill Country Homesteads Group, is brokered by KW Boerne, located at 116 Herff Rd, Suite 203, Boerne, TX 78006. Phone: (830) 816-3500.

Limitation of Liability

Bill Ross, Hill Country Homesteads Group, and KW Boerne are not responsible for any actions taken or not taken based on the content of this website. Users should consult qualified professionals before making decisions related to probate, estate administration, tax planning, or real estate transactions.