General information, not legal advice. Texas requires an executor to be represented by a licensed attorney in probate court in most circumstances. Consult a probate attorney about your specific situation.
What Texas law actually says
Title may vest in heirs or devisees at death, subject to debts, under Tex. Est. Code §§101.001 and 101.051. A personal representative has exclusive administrative possession under §101.003. Ask counsel how those rules apply to this estate.
What you can do right now, before letters issue
- Rekey locks and secure windows.
- Photograph and video every room before anything moves.
- Secure documents and obvious valuables.
- Notify the insurer, keep utilities on and stop active damage.
What has to wait
- Disposing of contents
- Selling or giving items to relatives
- Signing a cleanout contract
- Holding an estate sale
The four Texas pathways and what each authorizes
| Pathway | Purpose | Can you clear contents? |
|---|---|---|
| Letters testamentary / administration | Full representative authority | Yes, subject to duties |
| Muniment of title | Transfers title only | No representative authority |
| Small estate affidavit | Limited qualifying estates | Limited; ask counsel |
| Affidavit of heirship | Evidence of title | No representative authority |
Exempt personal property
Texas Estates Code Chapter 353 and Property Code §42.002 protect certain qualifying personal property for a surviving spouse or children. Do not clear or liquidate disputed property without advice.
What happens if you clear it out anyway
Premature removal can create conversion claims, accounting disputes and personal exposure; see Tex. Est. Code §404.001 and Chapter 359. Preserve evidence and seek advice rather than escalating a family conflict.
What to do while you wait for letters
Complete the photo inventory, safeguard documents, keep insurance current, and request estimates that do not begin until authority is confirmed.
Use this calm first-week checklist.
Plan ahead without committing to a cleanout
Tell us about the property. There is no obligation to request a match.
Common questions
Can family members remove personal items before probate?
Not safely without authority and agreement; document and ask the attorney.
Can I clean the house?
Protective cleaning and damage prevention differ from disposing of property.
Does a muniment of title let me hire a cleanout crew?
Usually no; it does not appoint a personal representative.