Tex. Est. Code § 1158.705 · Subchapter O. PARTITION OF WARD'S INTEREST IN REAL ESTATE
PARTITION WITHOUT COURT APPROVAL; RATIFICATION OF PARTITION AGREEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a guardian, without court approval as provided by this subchapter, executes or intends to execute an agreement to partition any real estate in which the ward has an interest, the guardian shall file with the court in which the guardianship proceedings are pending an application for the approval and ratification of the partition agreement.
(b) The application must:
(1) refer to the agreement in a manner in which the court can fully understand the nature of the partition and the real estate being divided; and
(2) state that, in the opinion of the guardian, the agreement is fair and just to the ward's estate and is in the best interests of the estate.
(c) On the filing of an application under Subsection (a), the court shall hold a hearing on the application as provided by Section 1158.703. The court shall enter an order ratifying and approving the partition agreement if the court is of the opinion that the partition is:
(1) fairly made; and
(2) in the best interests of the ward's estate.
(d) On ratification and approval, the partition is effective and binding as if originally executed after a court order.
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 30f5255e166204303a66aba9f628b9ea079821efa925734337ff4c050d1df101
- 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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