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Purchasing a house from an estate

1,199 Views | 15 Replies | Last: 2 days ago by DannyDuberstein
warrington74
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7:10a, 1/4/26
AG
I want to purchase a house as is from an estate. The lady just passed this weekend
I want to pay cash, price is agreed on
Since buying with cash , as is
Do I just need to work through a title company.

The title is clean, the lady built the house and there is no concern with any liens
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OilAg01
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In reply to warrington74 • 8:09a, 1/4/26
AG
How do you know it's clean?

I don't own a title company nor do I work for one but I've done nearly 1000 real estate deals. I'd never buy something without title insurance. The only way to make sure there are no liens is to run a title search on it. Even then there is risk it comes back clean but has a lien that shows up later but that is what title insures you against. We just went through one where Harris county retroactively took away the over 65 and homestead exemption for 5 years prior to the sale. We believe they had no right to do this. The buyer is getting sued for 5 years of property taxes. The amount isn't astronomical (25k plus lawyer fees) but title will ultimately have to pay for it.

I don't hear a lot of stories of people closing outside of title but most start with "I got a great deal" and end with "but there was lien on the property that the seller didn't know about it or didn't tell me about".
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warrington74
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9:56a, 1/4/26
AG
So do I work directly through the title company for that. Don't need to have any type of real estate person or attorneys involved correct?
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OilAg01
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10:38a, 1/4/26
AG
Nope. Not if you know how to properly draw up the documents.

One other thing that I'd consider. Does the person signing the deed have the authority to sign for the estate. You may have this covered already but I'd hate to buy that property only to find that one of the heirs also had to sign.
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stallion6
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11:32a, 1/4/26
AG
Go through a good title company. Recommend you get title insurance. Recommend you close at a title company to cover all your bases.
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Red Pear Realty
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12:22p, 1/4/26
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TREC promulgates contracts that you can use. They are, for the most part, posted directly on their website:

https://www.trec.texas.gov/agency-information/contracts

Still get title insurance.
Sponsor Message: We Split Commissions. Full Service Agents in Austin, Bryan-College Station, Dallas-Fort Worth, Houston and San Antonio. Red Pear Realty
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OilAg01
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In reply to warrington74 • 1:56p, 1/4/26
AG
I'd also say, if you're asking these types of questions, go through title. I have no idea how much this purchase is but title issues can really be expensive.

Like I said, I have done ~1000 deals and I am the one taking the risk (not an agent/broker) and I can't think of a circumstance where I wouldn't get title insurance. I don't like paying fees and that stuff too…but I'd hate to lose 100k plus because I didn't want to pay for title insurance.

Feel free to dm me if you want to speak.
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Ol Jock 99
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10:57p, 1/7/26
AG
I've done this. Used a TREC contract and closed with a title company. Easy-peasy.
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Agilaw
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11:03a, 1/8/26
AG
Might think this is self-serving since I'm a licensed broker and attorney, but I would never close a real estate transaction involving an estate - and really any other real estate transaction - without representation from a real estate professional. I give the same advice to my family members who live out of state. The title company does not represent you, who will view the commitment/deed/closing documents, who will prepare/review the purchase contract, etc. I'll never understand why someone would not use a professional in one of the largest transactions of their lives.
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Ol Jock 99
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1:28p, 1/8/26
AG
I don't hate on realtors at all, but on the buying side, their biggest value is:
-locating property
-negotiating price
-and, rarely, serving as a moderator between the parties

The OP has done the first two and doesn't sound like the third is needed. Can stuff still go sidewise? Sure. But Texas contracts are pretty dang standard and simple.
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Agilaw
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In reply to Ol Jock 99 • 6:53p, 1/8/26
AG
Realtors cannot give legal advice, can't advise on commitments, can't alter/amend contracts, etc. It all seems easy and good until it isn't. I had a client reach out yesterday on a similar contract situation yesterday. It was one of the worst I've ever seen. I will always advise getting professional assistance to anyone who isn't regularly involved in the real estate world.
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MS08
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8:57p, 1/8/26
AG
Get the property under contract with a standard TREC promulgated contract the submit it to a title company to open up escrow. All title companies are owned (generally) by attorneys; or at minimum an attorney office is 'down the hall' or next office suite over, so you can always ask the title company preferred attorney to review the contract/deal for a fee. Should be easy & straightforward if you do that.
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DannyDuberstein
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8:25p, 1/10/26
AG
Who are the beneficiaries? This is one of those things that should be very straightforward in most cases but can get messy. You just need to make sure the appropriate probate process takes place so that you can get a clean title. That doesn't necessarily mean you have to wait for the full probate process to play out, but nothing like family and $$$ mixing that can muck up the works.
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warrington74
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3:44p, 1/11/26
AG
How long does a estate take to probate?
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DannyDuberstein
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3:54p, 1/11/26
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It can really vary. A fast-track muniment of title can be as little as a few weeks. Full probate can be a few months if it's simple and not contested with a clear will that has been properly prepared and witnessed/self-proved. But it can also be many, many months if it gets complicated such as someone contesting it or the will not squared away with all the i's dotted, proper language, and proper witnessing so that it's not self-proved. People using templates from the internet and that kind of thing can sometimes muck it up.
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DannyDuberstein
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4:02p, 1/11/26
AG
I'd add that it takes a motivated executor and heirs to just get the process moving. Sometimes that is the biggest obstacle. People just aren't ready to deal with the emotions of the process, the time it will take to clean the house out, etc. right away, and in Texas, you have 4 years to probate a will so there is no required rush to it.
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