Houston Estate Planning and Elder Law Attorney Blog
Selling an Austin home through probate gets trickier when large, protected trees stand on the lot. Austin’s Heritage Tree rules affect what you can trim, remove, or build around, and buyers care about that. If you understand the process, you keep deals on track, avoid fines, and protect sale price. With a little prep, you can present the property as both compliant and attractive.
Start With a Professional Tree Survey
You should order a tree survey from a certified arborist or reputable surveyor before you list. Ask for species, trunk diameters, canopy spread, and the critical root zone (CRZ) for every regulated tree. In Austin, trees at or above certain trunk sizes trigger protection; the biggest ones may qualify as “Heritage” trees. A clean map of trunks and drip lines helps buyers understand where additions, driveways, or pool plans might fit without hurting roots.
Learn the Basics of Permits and Protected Zones
Austin restricts pruning and removal for regulated and Heritage trees. Cutting into the CRZ or planning a driveway over major roots can require a permit and mitigation. You also face limits on how much canopy you can remove. Share a one-page summary with buyers that lists which trees fall under the rules, the likely permit path if they want changes, and any recent approvals tied to the property. That quick education replaces worry with facts.
Use an Arborist Report to Calm Appraisal Jitters
Lenders and appraisers often worry about deferred maintenance or storm damage. An arborist can recommend deadwood removal, cable supports, or soil remediation that improves safety and curb appeal. Complete straightforward work before photos and show receipts. You present a home that looks cared for and compliant, which boosts confidence and keeps underwriting simple.
Plan Projects That Respect the Critical Root Zone
If the estate intends minor prep—like repairing a sidewalk, regrading a path, or replacing a fence—design around the CRZ. Use pier-and-beam footings instead of continuous trenches where possible. Pick permeable paths that reduce impervious cover near trunks. Buyers notice thoughtful choices that preserve shade and lower cooling bills, so highlight these in your listing remarks.
Coordinate With the HOA and City Early
If an HOA covers the subdivision, request its tree rules and architectural guidelines. Some HOAs require pre-approval for pruning, screening, or new irrigation near roots. At the same time, check with Austin’s Development Services for any open tree permits or violations tied to the address. Clearing flags before you list avoids late surprises that can stall closing.
Disclose, Don’t Guess
Disclose tree conditions you actually know about—storm damage, fungal issues, or prior removals. Avoid guessing about allowed pruning. Instead, attach the survey and the arborist letter so buyers and their contractors can evaluate the site. Clear, honest disclosure wins trust and discourages retrades during the option period.
Price and Market With a Plan
Shade, privacy, and habitat hold real value in Austin. Use comps for lots with mature trees, not just bare new-build sites. Emphasize benefits like lower utility bills, pleasant outdoor rooms, and instant character. If a buyer hopes to expand the home, share a sketch from your arborist showing potential addition footprints that avoid major roots. You turn “maybe” into “manageable.”
Keep the Probate Paperwork Moving in Parallel
While you work on trees, push the probate file forward. File the will, obtain letters testamentary or letters of administration, and prepare the inventory. Title companies relax when authority is clear. If a tree permit requires a sworn owner statement, the executor’s letters make that easy.
Handle Offers and Inspections Without Losing Time
When offers arrive, give the tree survey and reports to the buyer on day one. Encourage the buyer to bring their own arborist during inspections. If the buyer requests pruning or hazard work as a condition of closing, get the permit started immediately and set a realistic timeline in the amendment. Acting fast keeps momentum.
Close Cleanly and Leave a Roadmap
At closing, provide the buyer with digital copies of surveys, permits, and care recommendations. Include the arborist’s contact for follow-up. That small handoff reduces friction and keeps neighbors happy, because the property continues to respect Austin’s canopy rules after you finish probate.
Show off the trees without letting rules trip your sale. For a probate plan that respects Austin’s Heritage standards and keeps your timeline tight, call McCulloch & Miller, PLLC at (713) 903-7879 and get a tree-smart sales strategy from start to finish.