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An executor can sell specifically devised personal property in Texas if doing so is not a breach of fiduciary duty, against the interests of the estate, or contrary to the terms of the will.
In order to transfer a deed after the death of an owner in Texas, the deceased property owner's name must be removed from the house title and the new owners of the property need to be identified. Note: A Deed is the document that allows a property transfer to take place.
Only an executor can sell a property in probate. The executor of a Will is chosen by the deceased and is the only person with the right to handle the deceased's assets.
Probate is not required to deal with the property but may be needed if the deceased's estate warrants it. Much will depend on what the deceased owned and what the beneficiaries intend to do with the property.
Appointment of an independent executor; The Will must give the executor the power to sell property; Letters Testamentary must be issued; and. The estate Inventory and Appraisal has been filed with the court.
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The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
Under Texas probate code, real estate is sold in a Texas probate court when the owner of a property passes away. If there is no appointed heir when the owner passes, the property is turned over to the courts and then appointed to the closest relative as the executor to sell the property.
During the probate process, the executor may sell the house of the Decendent, or person that has passed. The executor is granted the legal authority to manage the estate's assets. The executor must be formally appointed by the Probate Court to have authority over estate assets.
The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
Now, people can convey clear title to their property by completing a transfer on death deed form, signing it in front of a notary, and filing it in the deed records office in the county where the property is located before they die at a cost of less than fifty dollars.

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