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Texas Probate Code - Section 812. Certain Personal Property To Be Sold

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 812. Certain Personal Property To Be Sold

§ 812. CERTAIN PERSONAL PROPERTY TO BE SOLD.  (a) The 
guardian of an estate, after approval of inventory and 
appraisement, shall promptly apply for an order of the court to sell 
at public auction or privately, for cash or on credit not exceeding 
six months, all of the estate that is liable to perish, waste, or 
deteriorate in value or that will be an expense or disadvantage to 
the estate if kept.  Property exempt from forced sale, a specific 
legacy, or personal property necessary to carry on a farm, ranch, 
factory, or any other business that it is thought best to operate, 
may not be included in a sale under this section.
	(b)  In determining whether to order the sale of an asset 
under Subsection (a) of this section, the court shall consider:
	(1)  the guardian's duty to take care of and manage the 
estate as a person of ordinary prudence, discretion, and 
intelligence would exercise in the management of the person's own 
affairs;  and
	(2)  whether the asset constitutes an asset that a trustee is 
authorized to invest under Chapter 117 or Subchapter F, Chapter 
113, Property Code.

Added by Acts 1993, 73rd Leg., ch. 957, § 1, eff. Sept. 1, 1993;  
Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1103, § 15, eff. 
Jan. 1, 2004.

Last modified: August 11, 2007