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Texas Probate Code - Section 890. Sale Of Property Of Ward Without Guardianship Of The Estate

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 890. Sale Of Property Of Ward Without Guardianship Of The Estate

§ 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in the court registry from being withdrawn as prescribed by Section 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