Reference
Probate & Real Estate Glossary
Plain-language definitions of the key terms you'll encounter when selling a home during probate in Texas.
Probate and real estate each carry their own vocabulary — and when they overlap, the language can feel unfamiliar and intimidating. Understanding these terms won't replace the advice of your estate attorney or real estate agent, but it will help you follow conversations, review documents with more confidence, and ask better questions at every stage of the process.
Independent Administration
A type of probate administration in Texas where the executor or administrator can act without getting court approval for most actions — including selling real estate. This is the most common and efficient form of probate administration in Texas. The executor handles the estate's business the way an owner would, with the authority granted by the court and the will.
Dependent Administration
A more court-supervised form of probate administration in Texas. In a dependent administration, the executor or administrator must get the court's approval before taking most significant actions, including selling real estate. This process is slower and more expensive than independent administration, but it may be necessary when there are disputes, no valid will, or other complications.
Letters Testamentary
A court-issued document that officially confirms a person's authority to act as executor of a deceased person's estate. Letters testamentary are issued when the decedent left a valid will naming the executor. Without this document, an executor cannot legally manage or sell estate assets, including real estate.
Letters of Administration
A court-issued document that grants someone the authority to manage a deceased person's estate when there is no will, or when the will does not name an executor. Letters of administration serve the same purpose as letters testamentary — they give the administrator legal authority to act on behalf of the estate — but they apply when the decedent died intestate (without a valid will).
Muniment of Title
A simplified probate process in Texas used when a deceased person left a valid will and the only asset requiring probate is the real estate. Rather than opening a full administration, the court issues an order that establishes the will as valid and confirms the heirs' ownership. It is faster and less expensive than a full probate, but it is only available in limited situations.
Stepped-Up Basis
A tax provision that adjusts the cost basis of inherited property to its fair market value at the date of the decedent's death. This is significant because it can significantly reduce or eliminate capital gains taxes when the property is sold. For example, if a home was originally purchased for $150,000 and is worth $400,000 at the time of death, the new cost basis becomes $400,000 — meaning capital gains are calculated only from that point forward.
Transfer on Death Deed (TODD)
A legal document in Texas that allows a property owner to name a beneficiary who will automatically receive the property upon the owner's death, without going through probate. The TODD does not take effect until the owner dies, and the owner retains full control of the property during their lifetime. Texas is one of several states that recognizes this type of deed.
Lady Bird Deed (Enhanced Life Estate)
A special type of deed that allows a property owner to transfer real estate to a named beneficiary at death while retaining the right to sell, lease, or mortgage the property during their lifetime. Unlike a standard life estate, the owner keeps full control and can change their mind at any time. The "Lady Bird" name comes from President Lyndon B. Johnson, who reportedly used this type of deed with First Lady Lady Bird Johnson. In Texas, a Lady Bird Deed can help avoid probate for the property.
Joint Tenancy with Right of Survivorship (JTWROS)
A form of property co-ownership where two or more people each own an equal share of the property, and when one owner dies, their share automatically passes to the surviving owner(s) — outside of probate. This is common among spouses and sometimes business partners. The key feature is the automatic transfer, which avoids the need for probate court involvement.
Community Property with Survivorship
A form of property ownership available to married couples in Texas where both spouses own community property equally, and when one spouse dies, their half automatically passes to the surviving spouse. This is similar to joint tenancy with right of survivorship but applies specifically to community property, which is the default ownership structure for married couples in Texas.
Decedent
The person who has died. In the context of probate and estate administration, the decedent is the individual whose estate is being settled and whose assets — including real estate — are being distributed to heirs or beneficiaries according to their will or Texas law.
Estate
The total collection of assets and liabilities left behind by a decedent. An estate includes everything the person owned at the time of death — real estate, bank accounts, investments, personal property, and debts. Probate is the legal process of administering the estate: paying debts, resolving claims, and distributing the remaining assets to the rightful heirs or beneficiaries.
Executor
The person named in a will to manage and settle the decedent's estate. The executor is responsible for gathering assets, paying debts and taxes, and distributing property according to the will. If the will names an executor and the court confirms that appointment, the executor receives letters testamentary granting them legal authority to act.
Administrator
The person appointed by the court to manage and settle an estate when there is no will, or when the will does not name an executor. The administrator performs the same functions as an executor — gathering assets, paying debts, and distributing property — but they follow Texas intestacy laws rather than the terms of a will. The administrator receives letters of administration granting them legal authority.
Probate
The legal process through which a deceased person's estate is properly settled and distributed. Probate involves validating the will (if one exists), appointing an executor or administrator, identifying and valuing assets, paying debts and taxes, and distributing the remaining property to heirs or beneficiaries. In Texas, probate can range from a simple muniment of title to a full dependent administration.
Will
A legal document that specifies how a person's assets should be distributed after their death. A will also names an executor to manage the estate and can name guardians for minor children. In Texas, a valid will must be in writing, signed by the testator (the person making the will), and witnessed by at least two credible witnesses. Without a will, the estate is distributed according to Texas intestacy laws.
Trust
A legal arrangement where a person (the grantor) transfers assets to a trustee, who manages them for the benefit of named beneficiaries. A trust can be created during the grantor's lifetime (a living trust) or upon death through a will. Trusts can help avoid probate, provide privacy, and offer more control over how assets are distributed. A revocable living trust, in particular, is a common estate planning tool.
Affidavit of Heirship
A sworn legal document used to establish who the heirs of a deceased person are when real estate is involved. It is typically completed by two witnesses who knew the decedent and their family, and it is recorded in the county where the property is located. An affidavit of heirship can help transfer real estate without a full probate process, but it is not a court order and may not be accepted by all title companies.
Determination of Heirship
A court order that formally identifies the legal heirs of a person who died without a will. Unlike an affidavit of heirship, a determination of heirship is issued by a judge after a formal court proceeding, which gives it greater legal authority. This process is important when real estate needs to be sold and the title company requires a court determination of who owns the property.
Decree of Sale
A court order authorizing the sale of real estate belonging to a probate estate. In dependent administration cases, the executor or administrator must petition the court for a decree of sale before listing the property. The court reviews the proposed sale terms to ensure they are fair and in the best interest of the estate. Once approved, the decree of sale gives the executor or administrator the authority to proceed with the transaction.
Report of Sale
A document filed with the probate court after real estate in a dependent administration has been sold. The report of sale details the terms of the transaction — the buyer, the price, the closing costs, and the net proceeds — and asks the court to approve the sale. This is a required step in dependent administration but is not required in independent administration.
5-Day Statutory Waiting Period
A required waiting period in Texas probate law. After the court issues letters testamentary or letters of administration, there is typically a mandatory waiting period before certain actions can be taken. This period gives interested parties time to review the estate and raise any objections. The specific application and length of this waiting period can vary depending on the type of administration and the county court.
Heirs
The people who are legally entitled to inherit a deceased person's estate when there is no will (intestate). In Texas, heirs are determined by state law and typically include the surviving spouse, children, parents, and siblings, in that order of priority. When there is a valid will, the term "heirs" may still be used informally, but the will's beneficiaries take precedence over the statutory heirs.
Beneficiaries
The people or entities named in a will or trust to receive assets from the decedent's estate. Beneficiaries have a legal right to receive the property specified in the will or trust document. In probate, beneficiaries may need to acknowledge or consent to the estate's actions, including the sale of real property.
Court Approval
Authorization from a probate judge to take a specific action with estate assets. In dependent administration, court approval is required for most significant transactions, including selling real estate. In independent administration, court approval is generally not required for routine actions, but it may still be needed in certain situations, such as selling property before letters are issued.
Guardianship
A legal arrangement in which a court appoints a person (the guardian) to make decisions for someone who is unable to manage their own affairs — typically a minor child or an incapacitated adult. In the context of probate, a guardianship may be relevant when an heir or beneficiary is a minor, or when the decedent had a dependent who needs ongoing care and management.
Conservatorship
A legal arrangement in which a court appoints a person (the conservator) to manage the financial affairs of someone who is unable to do so themselves — typically due to age, illness, or incapacity. A conservatorship is distinct from a guardianship in that it specifically addresses financial management rather than personal care decisions. In probate, a conservatorship may become relevant if a beneficiary or heir is unable to manage their inherited assets.
Have questions about any of these terms?
Every estate situation is different. If you'd like to talk through how any of these concepts apply to your specific circumstances, I'm available for a confidential consultation.
Educational Notice: The definitions on this page are provided for general educational purposes only and do not constitute legal, tax, or financial advice. Probate laws and real estate practices vary by situation and jurisdiction. Always consult a qualified Texas estate attorney and appropriate licensed professionals for guidance specific to your circumstances.