Legal Question in Wills and Trusts in Texas

Assuming that this is an independent administration, you can sell the house without her signature, assuming it's a reasonable sale, made at arm's length. If she's still squawking, ask her to bid on the house herself. She can purchase it, and resell it and keep the excess proceeds.

If, as Mr. Leon assumes, this is an independent administration in Texas, you really should have an attorney helping you with questions just like this. In fact, virtually every probate court in Texas would require you be represented, and would not have appointed you if you were not.

That said, most well-drafted Wills contain a provision related directly to an Executor's power to sell real property. Even through some recent changes handed down by the legislature, this power is generally pretty strong and most Executors can sell a house for almost any reason. In those cases where there is not a Will, or where the Will does not expressly grant a power of sale, more can be required.

The bottom line here is that you are the fiduciary and your sister is not. Hopefully, you've done your homework and hired an attorney, a realtor and you aren't just taking the first offer that comes your way. As a beneficiary, your sister would not be able to hold up a reasonable sale. Like Mr. Leon suggests, you might consider giving your sister a sort of right of first refusal. If she thinks the current offer is too low, let her bid higher.