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What Happens When a House Goes Into Probate in San Antonio, TX?

How Long It Takes, What to Expect, and What You Can (or Can’t) Do with the Property

When someone in your family passes away and leaves a house behind, the first questions are usually:

“What happens now?”
 “Can we sell it?”
 “Can we go inside?”
 “How long is this going to take?”

If you’re in San Antonio, TX, and you’ve found yourself asking these same questions, you’re not alone. We talk to families every week who are trying to make sense of probate and what it means for the house left behind. The process can feel overwhelming—but we’re going to walk you through it in simple terms, using real examples and answers that can help you feel more confident about what’s ahead.

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    HOUSE IN PROBATE IN SAN ANTONIO TX

    So… What Does Happen When a House Goes Into Probate?

    Let’s start with the basics:

    If the home was only in the deceased person’s name and they didn’t have a legal document (like a Transfer-on-Death Deed) that says who should get the house, then the property becomes part of the estate. That means it goes into probate—a court process that decides who has the right to inherit it.

    Here’s what usually happens step by step:

    1. A probate case is opened in Bexar County (San Antonio’s county).
    2. A judge appoints someone (an executor or administrator) to handle the estate.
    3. That person is responsible for managing the property—paying any debts, keeping it secure, and eventually transferring or selling it.

    During this time, the house is in legal limbo. You can’t legally sell it, and in many cases, you’re not supposed to move anything out just yet.

     

    The condition of the property and its management during probate may even affect the overall cost. Explore how probate fees and court costs typically add up.

    Real Story: “We Thought We Could Just Sell It”

    Distressed house with old fence, two front windows, and dark porch beneath a clear blue sky.

    We once worked with a family who thought they could sell their father’s home right after the funeral. They had a buyer lined up and even had moving boxes ready. But when the title company saw that the father was still the legal owner, everything stopped.

    They had to go through probate first.

    It took nearly 9 months from the date of death before they could actually close the sale—because there was no will, and the court had to decide who the rightful heirs were.

    This happens more often than you’d think.

    What’s the Timeline for Probate in Texas After Death?

    The answer is: it depends. But here’s a general idea of the average probate timeline in San Antonio:

    Probate Stage

     Filing after death
    Court appointment of executor
    Inventory and debt settlement
    Property transfer or sale.

    sample

    Estimated Timeframe

    1–3 months after death
    4–8 weeks after filing
    3–6 months
    6–12 months or more

    To make sense of the property’s role in the process, it helps to first understand the legal probate steps from the beginning. Here’s how the probate process unfolds in Bexar County.

    How Long Can a Property Stay in a Deceased Person’s Name?

    Technically, forever—until someone goes through probate to legally change ownership.

    We’ve seen properties sit in a deceased person’s name for 5, 10, even 15 years because no one took action. In San Antonio, it’s not uncommon to come across abandoned-looking homes that are actually tied up in probate—or never went through it at all.

    This can cause big problems:

    ⚠️ You can’t legally sell the house
    🔒 You can’t get homeowner’s insurance
    🏚️ The city may fine you for code violations
    💔 Family arguments can get worse the longer it’s delayed

    Do Household Items Go Through Probate Too?

    Partially cleared room with a bookshelf, ladder, and scattered household items tied to probate inventory.

    Yes—technically. Everything the deceased owned, including the stuff inside the house, is part of the estate.

    That means:

    • Furniture
    • Clothes
    • Jewelry
    • Tools
    • Personal mementos

    All of these belong to the estate until the court says otherwise. This is why you shouldn’t rush to empty the house—even if it feels like a good way to clean up or save money. Some items might need to be included in the estate inventory, and taking them early could cause conflict or even legal issues down the line.

    Can You Empty the House Before Probate in San Antonio?

    In most cases, no—not without permission. And even if the family agrees, it’s risky without legal backing.

    Here’s an example:

    We spoke with a woman named Carla whose aunt passed away. Carla’s cousins started removing items from the house right away. Later, when probate began, they found out the court needed a full inventory. But many items were missing—including valuables—and it created tension among the heirs. The probate judge wasn’t happy, and it slowed down the whole process.

    Here’s the safest advice:
     Wait to clean out or remove items from the house until you talk to a probate attorney or until an executor has been officially appointed.

    What If the House Is Falling Apart or Getting Broken Into?

    This is a common fear—and a real concern.    In San Antonio, vacant homes are targets for:

                               🚨 Vandalism
                               🛑 Break-ins
                               🚷 Squatters
                               🌪️Weather damage

    City fines for tall grass or unsafe conditions

    If you’re dealing with a vacant house in probate, it’s okay to secure it (lock doors, check windows, clean up the yard), but don’t move or sell anything major until you have the court’s green light.

    In some cases, families have faced stress and concern over a vacant property tied up in probate. One common approach is for the executor to legally manage the sale of the home during probate, if permitted by the court. In other situations, the family waits until probate is finalized before moving forward with the sale, often seeking a simple, fast closing to reduce ongoing burdens and delays.

    In many cases, family members ask whether they can sell the property — especially if it's vacant or needs repairs. This article breaks down what’s allowed when selling a house in probate.

    Final Thoughts: There Is a Way Forward

    Middle-aged man overwhelmed by paperwork, holding his glasses with one hand and head with the other.

    And you wont be stuck forever!

    The probate process in San Antonio, TX, can be long, frustrating, and filled with unknowns—especially when a house is involved. But you’re not stuck forever.

    Whether you’re just trying to understand your rights, or you’re looking for a way to sell an inherited house without going through months of back-and-forth, we’re here to help.

    We know this isn’t just a transaction—it’s a family memory, a big responsibility, and sometimes… a heavy emotional load.

    If you want someone who understands how Texas probate works and can help you sell a house with respect, speed, and real support, we’re just a call or message away.

    Let’s talk when you’re ready.

    We Believe That  Learning Leads to Confidence— and Confidence Brings Peace of Mind.

    Still wondering what probate really involves or why a house ends up in the process at all? You might want to check out our main probate overview for San Antonio families — it explains the purpose of probate, how it works locally, and what families need to know when a loved one passes away.

    That’s why we built this site—to help people like you move forward with clarity and confidence. We’re not here to pressure you—we’re here to guide you with real advice, respectful options, and a team that understands what you’re going through.