In this episode of the Texas Probate Real Estate Podcast, Jeremy Kritt sits down with attorney Joseph Dickerson of the JM Dickerson Law Firm in Central Texas for an hour on the mistakes that quietly cost probate families the most. Not dramatic mistakes. Ordinary ones: trying to do probate the cheapest way, fighting over an estate that was always going to be split the same way, and signing real estate paperwork before anyone had the authority to sign it.
This is a recap of the conversation with the concrete stories pulled out. For the targeted breakdowns of individual topics, see the linked posts at the bottom.
This article is for informational purposes only and is not legal advice. Talk to a licensed Texas probate attorney about your specific situation.
Topics covered
- The muniment of title trap when there are hidden assets
- The previously deceased spouse who was never probated
- Community property does not automatically transfer
- “The more you fight, the more money the attorneys make”: a real fee story
- Why agents who rush listings destroy family trust
- Investors and wholesalers descending the moment a probate is filed
- “Buying the listing” and telling sellers the truth about value
The Muniment of Title Trap
Dickerson’s first example is a summary probate option called a muniment of title. It transfers title, but it only works with real estate. The problem he sees repeatedly: clients come in saying the house is the only thing, the process starts, and then “by the way, we found a bank account.” National and regional banks will not accept a muniment, and they want letters of administration or letters testamentary instead.
There is a fix, the muniment can be amended to a full administration, but that costs more than the family had planned. His lesson: dig in and find all the assets before you choose the cheapest path. Look through the mail, give it enough time for bank and brokerage statements to arrive, and make sure all property is listed.
The Previously Deceased Spouse, and Community Property
A second recurring problem: the second spouse dies, the family thinks title was already handled, and the title company’s search finds the first spouse still on title from 20 years ago. Mom lived in the house, nothing forced the issue, so nothing was done. Now four years have passed and the family may be looking at an affidavit of heirship, which not all title companies will accept, especially if it has not been “seasoned.”
This connects to a misunderstanding Dickerson and Jeremy both see constantly: people assume community property automatically transfers to the surviving spouse. In theory the surviving spouse inherits, but on legal title that has not happened. With blended families and the inheritance statute, it gets even more tangled. You still have to do something to get legal title into the right person’s name.
"The More You Fight, the More Money the Attorneys Make"
The most quotable, and most expensive, story. Dickerson had a case with a will where the named executor was not who everyone expected. The person who had been helping Mom did not get the role, refused to cooperate, and egged on the other heirs that something was being hidden. They hired their own attorney who attacked and challenged every step.
The numbers: the fee quote started at $8,000 with no fighting. By the end, with three attorneys in the case, it was $33,000. And the kicker, everything got distributed exactly the way it was always going to be distributed under the will. The detour they thought would make it faster and cheaper did the opposite. Dickerson’s advice to families with icy relationships: be transparent, get through the process, and remember that the more you fight, the longer and more expensive it gets.
Rushing the Listing Destroys Trust
Jeremy and Dickerson spend real time on a real estate mistake: agents who “ram the transaction through,” signing people to listing agreements before they are appointed. Some agents who niche in probate even advise signing people up as soon as they file, “and if they don’t get appointed you can just tear it up.” Both agree that is the wrong order of doing business.
The damage is not just procedural. As Jeremy put it, when paperwork gets signed before the appointment and before the family talks it through, it undermines trust. The other heirs think, “you had a plan to sell Mom’s house from the beginning, when were you going to tell us?” Even if everyone would have agreed to sell, the secrecy creates suspicion. Jeremy shares his own early-career story from around 2017, a complicated estate with adopted children where the title company started calling him with problems he did not understand, and he realized he was moving too fast and needed to ask more questions before listing.
Investors and Wholesalers Descend on Filing
Dickerson admits many attorneys do not know that the minute a probate is filed, investors from all over descend on the personal representative with letters, texts, and calls. Jeremy explains the model: the buyer needs to buy 40 to 60 percent below market to capture the rehab spread, and many of the people contacting them are wholesalers selling the equitable interest in a contract, not the end buyer. The “no real estate commission” pitch lands with people who do not transact often, even though the commission is tiny next to the below-market spread. Jeremy mentions he invites people to bring him any investor offer and he will review it, no obligation.
"Buying the Listing" and the Game Show Question
The episode closes on a real estate truth that costs sellers. “Buying the listing” is quoting a seller a price the house will not sell for just to win the listing. Jeremy’s framing question to sellers: “If you were on a game show and had to guess for a million dollars what a buyer would realistically pay for your house today, what would that be?” His point throughout: the straight-shooter who tells you the realistic number from the start, even at the risk of losing the listing, is the one who actually serves you. The agent who flatters you into a fantasy price chases the market down and loses your trust anyway.
Watch the full episode on YouTube: The Costly Texas Probate Mistakes That Drain Family Time, Money, and Trust
Frequently Asked Questions
What is a muniment of title and when does it cause problems?
It is a summary probate that transfers title but only works for real estate. It causes problems when there are other assets, like bank accounts, that national or regional banks will not release without letters of administration or letters testamentary.
Why does fighting over an estate cost so much?
As attorney Joseph Dickerson illustrates, conflict adds attorneys, court time, and delay. In his example a quote went from $8,000 to $33,000, yet the estate was distributed exactly as the will always provided.
Is it a problem to sign a listing agreement before being appointed?
Yes. Both Jeremy and Dickerson say signing before appointment is the wrong order and can undermine family trust, creating suspicion that someone was acting behind the others’ backs.
Why do investors contact families right after a probate filing?
Probate filings are public. Investors and wholesalers reach out immediately, often pitching “no commission” and below-market cash offers to people who do not transact in real estate often.
What does "buying the listing" mean?
It means an agent quotes a seller an inflated price the home will not sell for just to win the listing. It typically leads to price reductions, a longer time on market, and a frustrated seller.
Talk to Someone Who Has Seen These Mistakes
Most of these costly mistakes are avoidable with the right questions asked early. I do business differently than most agents, taking it one step at a time and refusing to rush a family into paperwork before it makes sense.
If you are handling a Texas estate and want to avoid the traps in this episode, reach out for a free, no-obligation call. We will talk through where you are and coordinate with the estate’s attorney where needed.
Call 512-686-3076 or visit texasprobaterealestate.com. No pressure, no obligation.