Tex. Est. Code § 1158.401 · Subchapter I. SALE OF REAL ESTATE: PUBLIC AUCTION
REQUIRED NOTICE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 1158.403(c), the guardian of the estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations. The notice must:
(1) include a reference to the order of sale;
(2) include the time, place, and required terms of sale; and
(3) briefly describe the real estate to be sold.
(b) The reference described by Subsection (a)(1) is not required to contain field notes, but if the real estate to be sold is rural property, the reference must include:
(1) the name of the original survey of the real estate;
(2) the number of acres the real estate consists of;
(3) the location of the real estate in the county; and
(4) the name by which the real estate is generally known.
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.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 37, eff. September 1, 2021.
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 0eaa7b6d55fcd7a8a2a21e8d17697db3c4e06bcea41e9dbdf2eaf86ad52a414e
- 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
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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.