Tex. Est. Code § 1158.251 · Subchapter F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
APPLICATION FOR ORDER OF SALE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
An application may be made to the court for an order to sell real property of a ward's estate if the sale appears necessary or advisable to:
(1) pay:
(A) expenses of administration, allowances, and claims against the ward or the ward's estate; and
(B) if the guardianship is kept open after the death of the ward, the ward's funeral expenses and expenses of the ward's last illness;
(2) make up the deficiency if the income of a ward's estate, the personal property of the estate, and the proceeds of previous sales are insufficient to pay for the education and maintenance of the ward or to pay debts against the estate;
(3) dispose of property of the ward's estate that consists wholly or partly of an undivided interest in real estate if considered in the best interests of the estate to sell the interest;
(4) dispose of real estate of a ward, any part of which is nonproductive or does not produce sufficient revenue to make a fair return on the value of the real estate, if:
(A) the improvement of the real estate with a view to making the property productive is not considered advantageous or advisable; and
(B) the sale of the real estate and the investment of the money derived from that sale appears to be in the estate's best interests; or
(5) conserve the ward's estate by selling mineral interest or royalties on minerals in place owned by the ward.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1158.htm
- Text hash
- sha256 9e55b8d50290c4cefbac4fe932b6e65e22261d11996db30e8e4b87a36f84c675
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 2 provisions
Provisions in this library whose text cites Tex. Est. Code § 1158.251. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.