Bastrop County sits east and southeast of Austin along the Colorado River, anchored by the historic town of Bastrop and including Smithville, Elgin, and the Cedar Creek area. Bastrop is best known for the Lost Pines, a stand of loblolly pines that exists nowhere else this far west, and for the slower, small-town pace that distinguishes it from the Austin metro just up the road. When a parent or relative dies and leaves a house anywhere in Bastrop County, the executor or administrator is the one who has to sell it. This guide walks through the probate process in Bastrop County, what selling an inherited home here looks like, and what executors should know that ordinary home sellers do not.
I am Jeremy Kritt, a Texas Real Estate Broker (TREC license number 692961) and the owner of Kritt Real Estate LLC (firm license number 9011672). Texas Probate Real Estate is the probate-specialty brand of that brokerage. Bastrop County is part of the firm’s seven-county Central Texas service area. I work probate sales here regularly. None of what follows is legal advice. It is the practical reality of what these transactions look like on the ground.
Bastrop County probate, the basics
Bastrop County does not have a dedicated statutory probate court. Like Williamson and Hays, probate matters in Bastrop are handled by the County Court at Law and, for contested or larger estates, by the District Court. The Bastrop County Courthouse sits in the historic downtown of the City of Bastrop, and that is where filings happen.
The substantive Texas Estates Code is the same as everywhere else in Texas. What differs is the court calendar, the scheduling practices, and the specific judge you draw. A probate attorney who practices regularly in Bastrop knows the bench and knows how to schedule hearings efficiently.
Filing fees in Bastrop County are in the same general range as the other Central Texas counties, typically running between approximately three hundred and five hundred dollars depending on the instrument being filed. The Clerk publishes a current fee schedule.
Two paths through Bastrop County probate
Independent administration
The typical Texas path. Under independent administration in Bastrop County, the personal representative handles estate matters without returning to court at each step, including the listing and sale of the real estate. After Letters Testamentary are issued, the personal representative can sign listing agreements, accept offers, and close without separate court approval. Most Bastrop County independent administrations wrap up in approximately six months.
Dependent administration
The court-supervised version. Required in contested estates, in estates where the will did not authorize independent administration and the heirs do not all consent, or in estates with minor heirs whose interests need court protection. Dependent administrations in Bastrop County typically take nine to twelve months. A real estate sale under dependent administration requires an application to sell, court approval at a hearing, and an order approving the sale before closing.
Letters Testamentary and the 90-day clock
Letters Testamentary give the executor or administrator legal authority to act on behalf of the estate. Nothing about the real estate can move until they are issued. In Bastrop County, Letters are typically issued within two to four weeks of the initial probate filing, assuming there are no contests. Once Letters are in hand, the personal representative can sign listing agreements, marketing can begin, offers can be accepted, and title companies will treat the Letters as proof of authority during closing.
After Letters issue, the 90-day inventory clock starts. The personal representative has 90 days to file an inventory, appraisement, and list of claims with the court. If you are selling the house and the inventory has not been filed, your attorney needs to be on it.
Selling a probate house in Bastrop County, step by step
Listing
The personal representative signs the listing agreement on behalf of the estate, not personally. Under Texas Property Code §5.008(e), a fiduciary administering a decedent’s estate is exempt from furnishing the standard Seller’s Disclosure Notice. The estate sells without that form. Federal lead-based paint disclosure still applies for homes built before 1978, and HOA disclosures apply where the property is in an HOA. Pricing reflects the property’s actual condition.
Marketing
Bastrop County probate properties attract a specific buyer mix. The City of Bastrop and Smithville have historic-property buyers who value the small-town character. The Cedar Creek and acreage areas attract Hill Country and rural-lifestyle buyers. Investor activity exists but is generally less aggressive than what you see in Round Rock or Buda. Cash investors still send letters and reach out after probate filings, and their offers are still routinely twenty to forty percent below open-market value. The right move is almost always to put the property on the open market through a broker.
Offers, inspections, title, and closing
The personal representative reviews and accepts offers (directly in independent administration, with court approval in dependent administration). Buyers typically want an inspection, particularly important on older Bastrop County homes which may have had limited recent maintenance. The title company will need the will, the order admitting the will to probate, the Letters Testamentary, and any necessary tax certificates. Closing typically happens 30 to 60 days after going under contract, with the personal representative signing on behalf of the estate.
Bastrop County cities and communities I work probate sales in
Bastrop: the county seat and home to the historic downtown along Main Street. Bastrop’s neighborhoods include the historic district, Tahitian Village (a large planned community along the Colorado River with thousands of lots), Pine Forest, Riverside Grove, ColoVista, and the surrounding acreage areas. Tahitian Village in particular generates a meaningful share of Bastrop County probate caseload because of its size.
Smithville: small historic town south of Bastrop, known for its preserved downtown and its place in the Lost Pines.
Elgin: on the northeast edge of the county, traditionally agricultural and now growing as Austin spills east.
Cedar Creek (unincorporated): the western corner of Bastrop County closest to the Austin metro. Significant acreage and rural-residential property.
Other Bastrop County communities: Red Rock, McDade, Paige, and the surrounding unincorporated areas, which often involve acreage, ranch land, and rural-residential properties.
Common Bastrop County probate scenarios
Tahitian Village estates
Tahitian Village is a large planned community along the Colorado River with thousands of lots. The community has its own demographics and buyer pool, an HOA with specific rules, and a meaningful share of the Bastrop County probate caseload comes from there each year. Probate sales in Tahitian Village benefit from a broker who knows the community and the buyer pool.
Acreage and rural properties
Significant portions of Bastrop County are rural acreage. Probate sales of acreage involve different pricing analysis (land plus improvements), different buyer pools (often Austin or out-of-state buyers seeking a country property), and sometimes agricultural exemption or wildlife exemption considerations that affect both tax treatment and sale strategy.
Lost Pines wildfire reconstruction history
The 2011 Bastrop wildfire destroyed thousands of homes in the Lost Pines area. Many properties have been rebuilt over the years since. When a probate property has wildfire reconstruction in its history, disclosure matters, and a broker who understands what to disclose and how to position the property is helpful. Insurance considerations also factor in, since some properties may have ongoing claims or coverage characteristics tied to the rebuild.
The executor lives in another state or another Texas city
Common in Bastrop County, particularly with properties that were second homes or retirement properties for owners whose families live elsewhere. The whole transaction can be handled remotely. The executor flies in once for closing or signs via mobile notary. Remote-executor work is a specialty of the firm.
Multi-generational ranch land
Bastrop County still has multi-generational ranch and family land that comes through probate. These properties involve more than the standard residential transaction. They often involve heir relationships that have built over decades, mineral interests, agricultural exemptions, and sentimental considerations that affect how the sale should be structured (or whether the family wants to sell at all).
Why work with a probate-focused broker in Bastrop County
Most real estate agents working in Bastrop, Smithville, or Elgin have done one or two probate sales in their career. They are competent at general real estate but probate has its own pace, paperwork, and buyer pool. A broker who handles probate weekly knows the title officers, knows the Bastrop County probate attorneys, and knows the difference between an investor lowball and a real offer.
I run an owner-operator brokerage. I am the owner of Kritt Real Estate LLC, the broker of record, and the broker who is on every probate transaction personally. There is no team agent. The person who picks up the phone on your first call is the person who lists the property, negotiates the offers, coordinates with the title company, and signs at closing.
I am a Texas Real Estate Broker (license number 692961), which puts me in the top approximately ten percent of Texas real estate license holders. The broker license requires four or more years of experience, hundreds of additional education hours beyond the agent license, and a separate examination. For an executor or attorney looking at who to trust with the largest single asset in an estate, the broker credential matters.
Frequently asked questions about Bastrop County probate real estate
How long does probate take in Bastrop County?
Independent administration in Bastrop County typically wraps up in about six months. Dependent administration takes nine to twelve months. Letters Testamentary are typically issued within two to four weeks of the initial filing. Once Letters are in hand, the sale itself typically closes in 30 to 60 days.
Does Bastrop County have a probate court?
Bastrop County does not have a dedicated statutory probate court. Probate matters are handled by the County Court at Law and, for contested or larger estates, by the District Court. Both operate out of the Bastrop County Courthouse in the City of Bastrop.
Can I sell a probate house in Bastrop, Smithville, or Elgin before probate is finished?
Yes, in independent administration. Once Letters Testamentary are issued, the personal representative has authority to list and sell. In dependent administration, the court has to approve the sale before closing.
I inherited a Tahitian Village property. Does that change anything?
The probate procedure is the same. The marketing approach is specific to the community: Tahitian Village has its own buyer pool, HOA rules, and predictable lot patterns. A broker who knows the community handles the listing, the buyer-pool match, and any HOA disclosures.
The inherited property is acreage in Cedar Creek or rural Bastrop County. What changes?
The probate procedure is the same. The real estate marketing is different. Acreage properties attract a different buyer pool (often Austin or out-of-state buyers seeking a country property), pricing combines land and improvements, and there may be agricultural or wildlife exemptions affecting tax treatment.
I live out of state and the inherited property is in Bastrop County. Can I sell it remotely?
Yes. The transaction can be managed remotely. I work remote-executor cases regularly. You will need to either fly in once for closing or sign via mobile notary in your home state.
Should I take a cash offer from an investor who reached out after the probate was filed?
Almost never, without checking the open market first. Cash offers on probate properties typically come in twenty to forty percent below open-market value. A broker-marketed property in reasonable condition will sell well above the wholesale offer in most cases.
The property was rebuilt after the 2011 Lost Pines fire. Does that matter?
Yes, for disclosure and sometimes for insurance. The reconstruction history needs to be properly disclosed. Buyers value newer construction, so the reconstruction can actually be a positive selling point if it is presented correctly. A broker who has worked Lost Pines properties knows how to position this.
What does the probate attorney do versus what does the real estate broker do?
The probate attorney handles the court proceeding: filing the will, getting Letters Testamentary issued, the inventory, dealing with creditors, the final estate accounting. The broker handles the real estate sale: listing, marketing, offers, inspections, title, closing. The two roles coordinate but do not overlap.
Does Texas Probate Real Estate serve all of Bastrop County?
Yes. The firm handles probate property sales across all of Bastrop County: Bastrop, Smithville, Elgin, Cedar Creek, Red Rock, McDade, Paige, and the surrounding unincorporated areas.
Schedule a consultation
If you are working through a Bastrop County probate sale and want to talk through your specific situation, schedule a free consultation. Phone: (512) 686-3076. Or book online: texasprobaterealestate.com/consultation/.