If you've been named executor of a loved one's estate, you've probably already run into a wall of unfamiliar terminology — often at the exact moment you have the least bandwidth to decode it. This glossary covers the terms that come up most often for Houston-area executors and heirs dealing with real property, in plain English.
Core Terms
- Probate
- The court process that validates a will (or, if there isn't one, applies state law) and gives someone legal authority to settle a person's estate — paying debts, distributing assets, and closing things out.
- Executor
- The person named in a will to carry out its instructions and manage the estate through probate. If there's no will, the court appoints someone instead, usually called an administrator.
- Administrator
- Functionally the same role as an executor, but appointed by the court rather than named in a will — this happens when someone dies without a will (intestate) or when a named executor can't serve.
- Letters Testamentary
- The official document a Texas probate court issues to an executor, proving they have legal authority to act on behalf of the estate — including signing a listing agreement or a sale contract.
- Letters of Administration
- The equivalent authority document issued to an administrator instead of an executor, used the same way to prove authority to sell estate property.
- Testate / Intestate
- Testate means the person died with a valid will. Intestate means they died without one — in which case Texas intestacy law determines who inherits, rather than the deceased's own instructions.
- Heir
- Someone entitled to inherit under Texas law, typically used when there's no will (intestate succession).
- Devisee
- Someone named to inherit specific property under a valid will — the will-based counterpart to "heir."
- Estate
- Everything the deceased person owned — real property, bank accounts, personal belongings, debts — that passes through probate to be settled and distributed.
- Muniment of Title
- A simplified Texas probate process available when there's a valid will and no unpaid debts (other than a mortgage). It transfers property title directly without appointing an executor — often faster, but it doesn't give anyone ongoing authority to act on the estate's behalf beyond that transfer.
- Small Estate Affidavit
- A simplified process available for estates under a certain value with no will, letting heirs claim assets without full probate. It has strict eligibility rules and generally isn't available if real estate is involved in certain ways, so it's worth confirming with an attorney whether it applies.
Independent vs. Dependent Administration: Why It Matters for a Sale
This is the distinction that most directly affects how fast you can sell a home.
Independent administration is the more common and more flexible route in Texas. Once the court issues Letters Testamentary or Letters of Administration, the executor can generally manage and sell estate property — including signing a listing agreement and accepting an offer — without going back to court for approval at each step.
Dependent administration requires court approval for most major actions, including selling real property. That typically means additional filings, hearings, and time before a sale can close. Courts usually only require dependent administration when there's no will provision for independent administration and the heirs can't agree to request it.
If you're not sure which applies to your situation, this is one of the first things worth confirming — it has a real effect on how quickly a home can go under contract and close.
A Few More Terms Worth Knowing
- Personal Representative — a general term covering both executors and administrators.
- Inventory, Appraisement & List of Claims — a filing that lists the estate's assets and debts, typically required within 90 days of appointment.
- Bond — a form of insurance the court sometimes requires from an executor or administrator to protect the estate; independent executors named in a will can often be excused from this requirement if the will says so.
This article is provided for general informational purposes and isn't legal, financial, or tax advice. Every situation is different — for guidance specific to yours, consult a licensed attorney, CPA, or other qualified professional alongside our team.