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Steven Hoeke, Breaking Down Fast-Sale Options for Texas Sellers (House Buyers Texas)

Answers

Ambassador
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Kathleen Daniels, Probate & Trust Real Estate Svcs.
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

The answer is an entire blog post.  

Short Answer: 

Trust Estate: The Trust document or Certification of Trust

Probate with Will: Letters Testamentary (Full Authority) 

Probate without Will: Letters of Administration with Full Authority under IAEA. If Full Authority court approval is not required - unless there are objections

OR Limited Authority with or without bond. If limited authority court approval is required, it may be subject to the overbid process. 

A Certified Copy of the "Letters" is all I need. That is delivered to Title and Escrow, and the legal department does their thing and updates the Preliminary Title Report to the estate. 

I received calls from other agents in California asking me about this ... they did not check! This is why people need to know what the bleep they are doing before taking the listing! 

Sep 28, 2026 08:56 AM
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Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

 

     Have your Title Company or Title Attorney run a search for you, or give you an opinion (preferably in writing via text or email).

 

   Many Title firms will do it complimentary if you are a "regular" with them.  Even if you have to pay a fee for the search, it's money well spent to save time and aggravation.

 

Sep 28, 2026 06:36 AM
Rainmaker
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Eileen Burns 954.483.3912
Douglas Elliman Las Olas - Fort Lauderdale, FL
FLorida Real Estate Connector

In Florida it would be the Letters of Authority issued by the court.

Sep 28, 2026 05:57 AM
Rainmaker
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Corinne Guest
Corinne Guest - Lake Barrington, IL
Retired Broker. FX Trader, Golden Retrievers.

I never did in 15 years but I do know it's very different by state. I would never take someone's word for it, that's just asking for trouble. 

Sep 28, 2026 05:49 AM
Rainmaker
707,803
Diana Dahlberg - 1 MONTH REALTY
1 MONTH REALTY - Pleasant Prairie, WI
REALTOR in Kenosha, WI since 1994 - (262) 308-3563

My first step in any listing is to do a search and hold with my Title Company.  I do not like surprises in the middle or end of any transaction.

Sep 28, 2026 11:16 AM
Rainmaker
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Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

This is a great question Steven Hoeke . On the few estate sales I worked they were usually trusted friends of mine who I knew well. In other cases they volunteered documents even without my asking.

Sep 28, 2026 07:36 AM
Rainmaker
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Thomas J. Nelson, REALTOR ® CRS,ABR,PSA,RCS-D, CFSP
Big Block Team @ LPT Realty 858.232.8722 - San Diego, CA
Coastal San Diego, Veterans & Retirees Services

We require full and complete copies of the trust or in many cases I speak with the family attorney or probate attorney. But, typically the trust confirms who the executor is or trustee(s) are. I also have my Title Company provide the Preliminary Title Report.

Sep 28, 2026 07:08 AM
Rainmaker
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Richie & You
pearlsforthesoul.com - Cedar City, UT
Author & Consultant

Steven, a good question thank you

Title insurance has to earn their keep & escrow has to roll up their sleeves & confirm it all Steven Hoeke 

Sep 28, 2026 06:55 AM
Rainmaker
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Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

You MUST. And yes the paperwork affirming who has the authority must be reviewed.

Sep 28, 2026 06:25 AM
Rainmaker
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Peter Mohylsky, Broker
Property Management Inc.-Destin - Sandestin, FL
Call me at 850-517-7098

You have been asking some very interesting questions lately.  My answer to this one is that I typically do ALOT of work as  the deal progresses.  I work with the closing company daily to make sure all the documents are in place and if there are any surprises in line.  I hate surprises.  

Sep 28, 2026 06:06 AM
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Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

We typically also have the will which is specific to what will happen with real property. (inherited or sold)

Sep 28, 2026 07:54 AM
Rainmaker
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Kelly McGovern
Realty Concierge International - Bellingham, MA
Working with Kelly is a good move

I take the seller's attorney's word for it

Sep 28, 2026 07:24 AM
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Brian England
Ambrose Realty Management LLC - Gilbert, AZ
MBA, GRI, REALTOR® Real Estate in East Valley AZ

I haven't had to deal with such a thing, but I would definitely make sure any entity that has the final say will have their ducks in a row, haha.

Sep 28, 2026 07:05 AM
Rainmaker
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Dorie Dillard Austin TX
Coldwell Banker Apex Realtors, LLC ~ 512.750.6899 - Austin, TX
Educating. Encouraging. Serving.

I always refer to the title company with the documents I've been given and let them run them by their attorneys to see if they need anything else needed.

Sep 28, 2026 02:26 PM
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Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Oh gosh, it would have to come from an attorney to our attorney--I would be a fool to take the word of a seller! However, I've seen agents take the word of a seller because they have never participated in an estate sale/probate listing. It has created a whole lot of drama and an extended delay. 

Sep 28, 2026 12:03 PM
Rainmaker
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Gwen Fowler SC Lakes & Mountains 864-710-4518
Gwen Fowler Real Estate, Inc - Walhalla, SC
Gwen Fowler Real Estate, Inc.

We expect to schedule a meeting with the judge and get his permission to sell. Most wills allow the sale, but the judge has the final say.

Sep 29, 2026 05:29 AM
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Margaret Rome Baltimore 410-530-2400
HomeRome Realty 410-530-2400 - Pikesville, MD
Sell Your Home With Margaret Rome

Ask and listen to Kathleen Daniels, Probate & Trust Real Estate Svcs. 

Sep 28, 2026 06:15 PM
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Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

They have documentation to prove their authority, and the title company will make sure that it is valid.

Sep 28, 2026 11:53 PM