The good news: you don't have to solve everything this week. You have two jobs right now. Protect the property, and get the legal authority to act. Selling comes later.
First, know what "executor" means today
Being named in a will doesn't give you power over the house yet. In Texas, a probate court usually has to admit the will and issue letters testamentary before you can sign a listing agreement or closing documents for the estate. Some estates use a simpler route called a muniment of title, which transfers the property without appointing an executor at all. See how the Texas probate paths compare.
Which path fits your family is a question for a probate attorney. What matters for now: until the court acts, you can protect the house, but you shouldn't sign anything to sell it.
Step 1: Secure the house
- Change or rekey the locks. You rarely know how many keys are out there: neighbors, caregivers, contractors, relatives.
- Photograph every room and the outside of the home. Date the photos. This protects you if anyone later asks what was there.
- Remove or lock up valuables and papers, including jewelry, firearms, cash, checkbooks, and anything with account numbers.
- Collect the mail so it doesn't pile up and signal an empty house.
Step 2: Call the homeowner's insurance company
This is the step most families miss. Many homeowner's policies limit or drop coverage once a home sits vacant for a set period, often 30 to 60 days. Call the insurer, tell them the owner has passed away, and ask three questions:
- Is the house still covered, and who is the named insured now?
- Is there a vacancy clause, and when does it start?
- Do we need a vacant-home policy or endorsement?
Step 3: Keep the house healthy
A closed-up Houston house can grow mold in weeks during warm months. Keep the power on and set the air conditioning to run, around 78 to 80 degrees, to control humidity. Consider shutting off the water at the main if no one is staying there, so a burst pipe or failed water heater can't flood the house. Keep the yard mowed; an overgrown yard invites trespassers and can bring city code notices.
Step 4: Gather the paperwork
You'll need these documents for the attorney and, later, for the sale:
- The deed (or the property's record on the Harris County or Fort Bend County appraisal district site)
- The most recent mortgage statement, if there is a loan
- The latest property tax statement
- The insurance policy
- HOA contact information and dues, if the home is in an HOA
- Any recent repair or inspection records
Step 5: Keep the bills paid, and track every dollar
The mortgage, insurance, taxes, HOA dues, and utilities still need to be paid. Missed mortgage payments can lead to late fees and, eventually, foreclosure. Keep receipts for everything you spend on the house. As executor, you'll account for estate money, and good records make that easy and protect you from family questions later.
What to hold off on
- Don't sign a listing agreement or a contract to sell until you have legal authority.
- Don't let a relative move in without talking to the attorney first. It can complicate the sale and family relationships.
- Don't give away or sell contents before you know what the estate owes and what the will says.
- Don't accept the first "we buy houses" offer that shows up in the mailbox. Those letters often arrive soon after a death. Get the facts on value first.
Questions to ask your probate attorney
- Will this estate need full probate, or does a muniment of title or another simpler option fit?
- Will I serve as an independent executor? How does that affect selling the house?
- About how long until I receive letters testamentary?
- What can I pay for from my own pocket, and how do I get reimbursed?
Where a probate real estate agent fits in
You can talk with a real estate agent before the court acts. A good probate agent won't ask you to sign anything early. Instead, they can help you understand what the house is worth, what repairs (if any) make sense, and what the timeline might look like. That way, you're ready to move when you have authority.
That's the work I do. I'm a Certified Probate Real Estate Specialist serving Houston and surrounding areas. I work alongside your attorney, not around them, and I'll explain each step in plain language.
Have questions about an inherited house? Call or text (832) 729-7064, email support@vincenthillrealtor.com, or send a message below. There's no pressure and no obligation.