Need Referral: TX Attorney Experienced with Unprobated Estates / 7 Heirs

WantProfessionalsLawyer
Classifieds

Need Referral: TX Attorney Experienced with Unprobated Estates / 7 Heirs

Member since 2025 · 19 posts · 10 votes

Hey BP,

Looking for some guidance from anyone who's navigated a similar deal. I'm working on purchasing a property that's part of an estate — the will was never probated, and there are 7 people named as heirs/beneficiaries. I want to move forward carefully and make sure the sales contract actually protects me, so I'm looking for an attorney (Texas-licensed, ideally with real estate + probate/estate crossover experience) who can help structure this the right way.

A few things I'm hoping to get feedback on:

  • Type of attorney to look for — should I be searching for a probate attorney, a real estate attorney, or someone who specializes in both? Is there a specific term I should be searching for (e.g., "heir property attorney")?

  • Probate requirement — has anyone closed on a property like this where the estate wasn't probated first? Did you require probate to happen before closing, or was there a way to structure the contract/title work around it?

  • Getting all heirs on board — with 7 people involved, I'm assuming I need every single heir to sign off. Any tips on how that process typically works, or common issues when one or more heirs are hard to reach/uncooperative?

  • Title company coordination — has your title company been able to insure these types of "heir property" deals, or did it create complications with clear title?

  • Contract protections — what specific clauses or language did your attorney add to protect you in a deal like this (e.g., contingencies tied to probate completion, indemnification from heirs, etc.)?

If anyone has a TX attorney they'd personally recommend for this kind of deal (Texas-wide or specifically in the San Antonio/Houston area), I'd really appreciate a referral. Also happy to hear cautionary tales if this is more trouble than it's worth!

Thanks in advance — this community has already taught me so much.

0Reply
213 views

2 Replies

Jump to latestLatest
  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    1mo

    All great questions, its usually a residential attorney who has experience with probate property.

    Yes you need all 7 to sign. Be clear that its all or nothing, some heirs think they should get their 1/7th regardless if the last holdout signs. Find one heir to be your point person, maybe compensate them separately for the job.

    Yes title is easy enough.

    I'm not sure you can go under contract without doing the heavy lifting. its just a regular seller breach, perhaps you can get DD costs reimbursed if they fail to close.

Join the conversationCreate a free account to reply, vote on answers and follow this thread.