Selling a Texas Home If there is a Guardian Involved

Real Estate Agent with United Real Estate TX #0552717

In Texas, if you are a Guardian, appointed by the court, there are steps that must be completed before the title company can issue a title policy for a home that is to be sold.  


This is the four step process under the Texas Estates Code and the Guardian must complete all the steps and in the proper order.CPRES


These are the steps:

1. An Appliction to Sell. This is where the Guardian asks the judge for permission to market the property and find a buyer.

2. An Order of Sale. This is where the judge basically says, "ok, go find a buyer for the Ward's property."

3. A Report of Sale. This is where the Guardian comes back to the court and says, "I have a buyer, and here's the contract. Please approve it."

4. A confirmation of Sale. This is where the judge has reviewed the contract, finds the sale of the property is ok, and authorizes the Guardian to sell the property under the terms of the contract.

This process can take a while at each step of the way. Be prepared to wait to get on the court's docket. Patience is a must when dealing with guardianships.


If you have any questions about the probate or guardianship process involving real estate, once place to start is by contacting a Certified Probate Real Estate Specialist (CPRES). As in all legal matters, it may also be beneficial to consult an attorney.



Posted by

Lorrie Semler, e-PRO, GRI, SRES, CPRES, CRS
Addison Resident/Addison Specialist                                                      Subscribe Button
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Anna Banana Kruchten Arizona's Top Banana!
HomeSmart Real Estate BR030809000 - Phoenix, AZ

Lorrie really good post. It's not a subject I hear of often but it does come up here in AZ fairly often. It can be time consuming for sure.

Apr 03, 2019 10:09 AM #1
Kathy Streib
Room Service Home Staging - Delray Beach, FL
Home Stager - Palm Beach County,FL -561-914-6224

Hi Lorrie- paperwork and red tape!!!  Can't imagine how frustrating it would be. 

Apr 03, 2019 11:51 AM #2
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