Texas Probate Code - Section 890. Sale Of Property Of Ward Without Guardianship Of The Estate
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Texas Laws > Probate Code > Texas Probate Code - Section 890. Sale Of Property Of Ward Without Guardianship Of The Estate
Section: 883D 884 884A 885 887 889 889A 890 890A 891 892 893 901 902 903
§ 890. SALE OF PROPERTY OF WARD WITHOUT GUARDIANSHIP OF
THE ESTATE. (a) This section applies only to a ward who has a
guardian of the person but does not have a guardian of the estate.
(b) When a ward has an interest in real or personal property
in an estate and the net value of the interest does not exceed
$100,000, the guardian may apply under oath to the court for an
order to sell the ward's interest in the property without being
appointed guardian of the estate. A ward may not disaffirm a sale
of property pursuant to a court order under this section.
(c) Venue for an application under this section is the same
as venue for an application for the appointment of a guardian for
the ward. The application must contain the same information
required by Section 889(b) of this code.
(d) On receipt of the application, the court shall set the
application for hearing at a date not earlier than five days from
the date of the filing of the application. If the court considers
it necessary, the court may cause citation to be issued.
(e) The procedures and evidentiary requirements for a
hearing of an application filed under this section are the same as
the procedures and evidentiary requirements for a hearing of an
application filed under Section 889 of this code.
(f) When the court enters the order of sale, the purchaser
of the property shall pay the proceeds of the sale belonging to the
ward into the court registry.
(g) Nothing in this section prevents the proceeds deposited
in the court registry from being withdrawn as prescribed by Section
887 of this code.
Added by Acts 1997, 75th Leg., ch. 295, § 4, eff. Sept. 1, 1997.
Amended by Acts 2001, 77th Leg., ch. 127, § 4, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 1174, § 10, eff. Sept. 1, 2001.
Last modified: August 11, 2007