Texas Probate Code - Section 352. Representative Purchasing Property Of The Estate
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Texas Laws > Probate Code > Texas Probate Code - Section 352. Representative Purchasing Property Of The Estate
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§ 352. REPRESENTATIVE PURCHASING PROPERTY OF THE
ESTATE. (a) Except as provided by Subsection (b), (c), or (d) of
this section, the personal representative of an estate shall not
become the purchaser, directly or indirectly, of any property of
the estate sold by him, or by any co-representative if one be
(b) A personal representative of an estate may purchase
property from the estate if the will, duly admitted to probate,
appointing the personal representative expressly authorizes the
(c) A personal representative of a decedent may purchase
property from the estate of the decedent in compliance with the
terms of a written executory contract signed by the decedent,
including a contract for deed, earnest money contract, buy/sell
agreement, or stock purchase or redemption agreement.
(d) After issuing the notice required by this subsection, a
personal representative of an estate, including an independent
administrator, may purchase property from the estate on the court's
determination that the sale is in the best interest of the estate.
The personal representative shall give notice by certified mail,
return receipt requested, unless the court requires another form of
notice, to each distributee of a deceased person's estate and to
each creditor whose claim remains unsettled after presenting a
claim within six months of the original grant of letters. The court
may require additional notice or it may allow for the waiver of the
notice required for a sale made under this subsection.
(e) If a purchase is made in violation of this section, any
person interested in the estate may file a written complaint with
the court in which the proceedings are pending, and upon service of
citation upon the representative, after hearing and proof, such
sale shall be by the court declared void, and shall be set aside by
the court and the property ordered to be reconveyed to the estate.
All costs of the sale, protest, and suit, if found necessary, shall
be adjudged against the representative.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by
Acts 1985, 69th Leg., ch. 709, § 1, eff. Aug. 26, 1985; Acts
1989, 71st Leg., ch. 651, § 1, eff. June 14, 1989; Acts 1991,
72nd Leg., ch. 895, § 14, eff. Sept. 1, 1991; Acts 1993, 73rd
Leg., ch. 957, § 63, eff. Sept. 1, 1993.
Last modified: August 11, 2007