SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 356.001 - Court Order Authorizing Sale
(a) Except as provided by this chapter, estate property may not be sold without a court order authorizing the sale. (b) Except as otherwise specially...
SUBCHAPTER B CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
- Texas Section 356.002 - Sale Authorized By Will
(a) Subject to Subsection (b), if a will authorizes the executor to sell the testator's property: (1) a court order is not required to authorize...
SUBCHAPTER C SALE OF PERSONAL PROPERTY
- Texas Section 356.051 - Sale Of Certain Personal Property Required
(a) After approval of the inventory, appraisement, and list of claims, the personal representative of an estate promptly shall apply for a court order to...
- Texas Section 356.101 - Order For Sale
(a) Except as provided by Subsection (b), on the application of the personal representative of an estate or any interested person, the court may order...
- Texas Section 356.102 - Requirements For Application And Order
To the extent possible, an application and order for the sale of personal property under Section 356.101 must conform to the requirements under Subchapter F...
- Texas Section 356.103 - Sale At Public Auction
Unless the court directs otherwise, before estate personal property is sold at public auction, notice must be: (1) issued by the personal representative of the...
- Texas Section 356.104 - Sale On Credit
(a) Estate personal property may not be sold on credit at public auction for a term of more than six months from the date of...
SUBCHAPTER D SALE OF LIVESTOCK
- Texas Section 356.105 - Report; Evidence Of Title
(a) A sale of estate personal property shall be reported to the court. The laws regulating the confirmation or disapproval of a sale of real...
- Texas Section 356.151 - Authority For Sale
(a) A personal representative of an estate who has possession of livestock and who considers selling the livestock to be necessary or to the estate's...
- Texas Section 356.152 - Contents Of Application; Hearing
(a) An application under Section 356.151 must: (1) describe the livestock sought to be sold; and (2) state why granting the application is necessary or...
- Texas Section 356.153 - Grant Of Application
If the court grants an application for the sale of livestock, the court shall: (1) enter an order to that effect; and (2) authorize delivery...
- Texas Section 356.154 - Report; Passage Of Title
The personal representative of the estate shall promptly report to the court a sale of livestock authorized under this subchapter, supported by a verified copy...
SUBCHAPTER E SALE OF MORTGAGED PROPERTY
- Texas Section 356.155 - Commission Merchant Fees
A commission merchant shall be paid the merchant's usual and customary charges, not to exceed five percent of the sale price, for the sale of...
- Texas Section 356.201 - Application For Sale Of Mortgaged Property
A creditor holding a claim that is secured by a valid mortgage or other lien and that has been allowed and approved or established by...
- Texas Section 356.202 - Citation
On the filing of an application under Section 356.201, the clerk shall issue a citation requiring the personal representative of the estate to appear and...
SUBCHAPTER F SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
- Texas Section 356.203 - Order
The court may order the lien securing the claim of a creditor who files an application under Section 356.201 to be discharged out of general...
- Texas Section 356.251 - Application For Order Of Sale
An application may be made to the court for an order to sell estate property if the sale appears necessary or advisable to: (1) pay:...
- Texas Section 356.252 - Contents Of Application
An application for the sale of real estate must: (1) be in writing; (2) describe: (A) the real estate sought to be sold; or (B)...
- Texas Section 356.253 - Citation
On the filing of an application and exhibit described by Section 356.252, the clerk shall issue a citation to all persons interested in the estate....
- Texas Section 356.254 - Opposition To Sale
During the period prescribed in a citation issued under Section 356.253, any person interested in the estate may file: (1) a written opposition to the...
- Texas Section 356.255 - Hearing On Application And Any Opposition
(a) The clerk of the court in which an application for an order of sale is filed shall immediately call to the judge's attention any...
- Texas Section 356.256 - Order
(a) The court shall order the sale of the estate property described in an application for an order of sale if the court is satisfied...
SUBCHAPTER G SALE OF REAL ESTATE: TERMS OF SALE
- Texas Section 356.257 - Sale For Payment Of Debts
Estate real property selected to be sold for the payment of expenses or claims must be that property the sale of which the court considers...
- Texas Section 356.301 - Permissible Terms
Real estate of an estate may be sold for cash, part cash and part credit, or the equity in land securing an indebtedness may be...
SUBCHAPTER H RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
- Texas Section 356.302 - Sale On Credit
(a) The cash payment for real estate of an estate sold partly on credit may not be less than one-fifth of the purchase price. The...
- Texas Section 356.351 - Applicability Of Subchapter
This subchapter applies only to real estate owned by an estate as a result of the foreclosure of a vendor's lien or mortgage belonging to...
- Texas Section 356.352 - Application And Order For Reconveyance
On proper application and proof, the court may dispense with the requirements for a credit sale prescribed by Section 356.302 and order the reconveyance of...
SUBCHAPTER I SALE OF REAL ESTATE: PUBLIC SALE
- Texas Section 356.353 - Exchange For Bonds
(a) If a court orders the reconveyance of foreclosed real estate as provided by Section 356.352, vendor's lien notes shall be reserved for the total...
- Texas Section 356.401 - Required Notice
(a) Except as otherwise provided by Section 356.403(c), the personal representative of an estate shall advertise a public sale of real estate of the estate...
- Texas Section 356.402 - Method Of Sale
A public sale of real estate of an estate shall be made at public auction to the highest bidder. Added by Acts 2009, 81st Leg.,...
- Texas Section 356.403 - Time And Place Of Sale
(a) Except as provided by Subsection (c), a public sale of real estate of an estate shall be made at: (1) the courthouse door in...
- Texas Section 356.404 - Continuance Of Sale
(a) A public sale of real estate of an estate that is not completed on the day advertised may be continued from day to day...
SUBCHAPTER J SALE OF REAL ESTATE: PRIVATE SALE
- Texas Section 356.405 - Failure Of Bidder To Comply
(a) If a person bids off real estate of the estate offered for sale at public auction and fails to comply with the terms of...
SUBCHAPTER K SALE OF EASEMENT OR RIGHT-OF-WAY
- Texas Section 356.451 - Manner Of Sale
A private sale of real estate of the estate shall be made in the manner the court directs in the order of sale. Unless the...
- Texas Section 356.501 - Authorization
Easements and rights-of-way on, under, and over the land of an estate that is being administered under court order may be sold and conveyed regardless...
SUBCHAPTER L CONFIRMATION OF SALE OF REAL PROPERTY AND
- Texas Section 356.502 - Procedure
The procedure for the sale of an easement or right-of-way authorized under Section 356.501 is the same as the procedure provided by law for a...
- Texas Section 356.551 - Report
A sale of estate real property shall be reported to the court ordering the sale not later than the 30th day after the date the...
- Texas Section 356.552 - Action Of Court On Report Of Sale
After the expiration of five days from the date a report of sale is filed under Section 356.551, the court shall: (1) inquire into the...
- Texas Section 356.553 - Confirmation Of Sale When Bond Not Required
If the personal representative of an estate is not required by this title to give a general bond, the court may confirm the sale of...
- Texas Section 356.554 - Sufficiency Of Bond
(a) If the personal representative of an estate is required by this title to give a general bond, before the court confirms any sale of...
- Texas Section 356.555 - Increased Or Additional Bond Not Required
Notwithstanding Sections 356.554(c) and (d), if the real estate sold is encumbered by a lien to secure a claim against the estate and is sold...
- Texas Section 356.556 - Confirmation Or Disapproval Order
(a) If the court is satisfied that a sale reported under Section 356.551 was for a fair price, properly made, and in conformity with law,...
- Texas Section 356.557 - Deed
Real estate of an estate that is sold shall be conveyed by a proper deed that refers to and identifies the court order confirming the...
- Texas Section 356.558 - Delivery Of Deed
(a) After the court has confirmed a sale and the purchaser has complied with the terms of the sale, the personal representative of the estate...
SUBCHAPTER M PROCEDURE ON FAILURE TO APPLY FOR SALE
- Texas Section 356.559 - Damages; Removal
(a) If the personal representative of an estate neglects to comply with Section 356.558, including to file the deed of trust securing a lien in...
- Texas Section 356.601 - Failure To Apply For Sale
If the personal representative of an estate neglects to apply for an order to sell sufficient estate property to pay charges and claims against the...
SUBCHAPTER N PURCHASE OF PROPERTY BY PERSONAL REPRESENTATIVE
- Texas Section 356.602 - Court Order
On hearing an application under Section 356.601, if the court is satisfied that a sale of estate property is necessary or advisable to satisfy the...
- Texas Section 356.651 - General Prohibition On Purchase
Except as otherwise provided by this subchapter, the personal representative of an estate may not purchase, directly or indirectly, any estate property sold by the...
- Texas Section 356.652 - Exception: Authorization In Will
A personal representative of an estate may purchase estate property if the representative was appointed in a will that: (1) has been admitted to probate;...
- Texas Section 356.653 - Exception: Executory Contract
A personal representative of a decedent's estate may purchase estate property in compliance with the terms of a written executory contract signed by the decedent,...
- Texas Section 356.654 - Exception: Best Interest Of Estate
(a) Subject to Subsection (b), the personal representative of an estate, including an independent administrator, may purchase estate property on the court's determination that the...
- Texas Section 356.655 - Purchase In Violation Of Subchapter
(a) If a personal representative of an estate purchases estate property in violation of this subchapter, any person interested in the estate may file a...