[curiousexecutor]

As the executor and also an heir, can I sell real estate without asking the other heirs to agree on the selling price or terms of the contract?

[AK lawyer]

As the executor and also an heir, can I sell real estate without asking the other heirs to agree on the selling price or terms of the contract?

Not unless the selling of real property is in the ordinary course of business of the decedent.

Generally, this section of the Texas Probate Code seems to govern:

"Sec. 331. COURT MUST ORDER SALES. Except as hereinafter provided, no sale of any property of an estate shall be made without an order of court authorizing the same. The court may order property sold for cash or on credit, at public auction or privately, as it may consider most to the advantage of the estate, except when otherwise specially provided herein."

Except if the will authorizes a sale:

"Sec. 332. SALES AUTHORIZED BY WILL. Whenever by the terms of a will an executor is authorized to sell any property of the testator, no order of court shall be necessary to authorize the executor to make such sale, and the sale may be made at public auction or privately as the executor deems to be in the best interest of the estate and may be made for cash or upon such credit terms as the executor shall determine; provided, that when particular directions are given by a testator in his will respecting the sale of any property belonging to his estate, the same shall be followed, unless such directions have been annulled or suspended by order of the court."