SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
- Texas Section 1158.001 - Court Order Authorizing Sale
(a) Except as provided by this chapter, any property of a ward may not be sold without a court order authorizing the sale. (b) Except...
SUBCHAPTER C SALE OF PERSONAL PROPERTY
- Texas Section 1158.051 - Sale Of Certain Personal Property Required
(a) After approval of the inventory, appraisement, and list of claims, the guardian of the estate of a ward promptly shall apply for a court...
- Texas Section 1158.101 - Order For Sale
(a) Except as provided by Subsection (b), on the application of the guardian of the estate of a ward or any interested person, the court...
- Texas Section 1158.102 - Requirements For Application And Order
To the extent possible, an application and order for the sale of estate personal property under Section 1158.101 must conform to the requirements under Subchapter...
- Texas Section 1158.103 - 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 guardian of the estate;...
- Texas Section 1158.104 - 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 1158.105 - 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 1158.151 - Authority For Sale
(a) A guardian of the estate who has possession of livestock and who considers selling the livestock to be necessary or to the estate's advantage...
- Texas Section 1158.152 - Contents Of Application; Hearing
(a) An application under Section 1158.151 must: (1) describe the livestock sought to be sold; and (2) state why granting the application is necessary or...
- Texas Section 1158.153 - 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 1158.154 - Report; Passage Of Title
The guardian of the estate shall promptly report to the court a sale of livestock, supported by a verified copy of the commission merchant's account...
SUBCHAPTER E SALE OF MORTGAGED PROPERTY
- Texas Section 1158.155 - Commission Merchant Charges
The commission merchant shall be paid the commission merchant's usual and customary charges, not to exceed five percent of the sale price, for the sale...
- Texas Section 1158.201 - Application For Sale Of Mortgaged Property
On the filing of a written application, a creditor holding a claim that is secured by a valid mortgage or other lien and that has...
- Texas Section 1158.202 - Citation
On the filing of an application under Section 1158.201, the clerk shall issue a citation requiring the guardian of the estate to appear and show...
SUBCHAPTER F SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
- Texas Section 1158.203 - Order
The court may order the lien securing the claim of a creditor who files an application under Section 1158.201 to be discharged out of general...
- Texas Section 1158.251 - Application For Order Of Sale
An application may be made to the court for an order to sell real property of a ward's estate if the sale appears necessary or...
- Texas Section 1158.252 - 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 1158.253 - Citation
On the filing of an application for the sale of real estate under Section 1158.251, accompanied by an exhibit described by Section 1158.252, the clerk...
- Texas Section 1158.254 - Opposition To Sale
During the period prescribed in a citation issued under Section 1158.253, a person interested in the guardianship may file: (1) a written opposition to the...
- Texas Section 1158.255 - 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 1158.256 - Order
(a) The court shall order the sale of the property of the estate described in an application under Section 1158.251 if the court is satisfied...
SUBCHAPTER G SALE OF REAL ESTATE: TERMS OF SALE
- Texas Section 1158.257 - Sale For Payment Of Debts
Real property of a ward selected to be sold for the payment of expenses or claims must be that property the sale of which the...
- Texas Section 1158.301 - Permissible Terms
Real estate of an estate may be sold for cash, or for part cash and part credit, or the equity in land securing an indebtedness...
SUBCHAPTER H RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
- Texas Section 1158.302 - 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 1158.351 - 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 1158.352 - Application And Order For Reconveyance
On proper application and proof, the court may dispense with the requirements for a credit sale prescribed by Section 1158.302 and order the reconveyance of...
SUBCHAPTER I SALE OF REAL ESTATE: PUBLIC SALE
- Texas Section 1158.353 - Exchange For Bonds
(a) If a court orders the reconveyance of foreclosed real estate under Section 1158.352, vendor's lien notes shall be reserved for the total amount of...
- Texas Section 1158.401 - Required Notice
(a) Except as otherwise provided by this title, the guardian of the estate shall advertise a public sale of real estate of the estate by...
- Texas Section 1158.402 - 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 2011, 82nd Leg.,...
- Texas Section 1158.403 - 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 1158.404 - 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 1158.405 - Failure Of Bidder To Comply
(a) If a person who bids on real estate of the guardianship estate offered for sale at public auction fails to comply with the terms...
SUBCHAPTER K SALE OF EASEMENT OR RIGHT-OF-WAY
- Texas Section 1158.451 - 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 1158.501 - Authorization
The guardian may sell and convey easements and rights-of-way on, under, and over the land of a guardianship estate that is being administered under court...
SUBCHAPTER L CONFIRMATION OF SALE OF REAL PROPERTY AND TRANSFER OF TITLE
- Texas Section 1158.502 - Procedure
The procedure for the sale of an easement or right-of-way authorized under Section 1158.501 is the same as the procedure provided by law for a...
- Texas Section 1158.551 - 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 1158.552 - Action Of Court On Report Of Sale
After the expiration of five days from the date a report of sale is filed under Section 1158.551, the court shall: (1) inquire into the...
- Texas Section 1158.553 - Confirmation Of Sale When Bond Not Required
If the guardian of the estate of a ward is not required by Subtitle D to give a general bond, the court may confirm the...
- Texas Section 1158.554 - Sufficiency Of Bond
(a) If the guardian of an estate is required by Subtitle D to give a general bond, before the court confirms any sale of real...
- Texas Section 1158.555 - Increased Or Additional Bond Not Required
Notwithstanding Sections 1158.554(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 1158.556 - Confirmation Or Disapproval Order
(a) If the court is satisfied that a sale reported under Section 1158.551 was for a fair price, was properly made, and was in conformity...
- Texas Section 1158.557 - 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 1158.558 - Delivery Of Deed
(a) After the court has confirmed a sale and one purchaser has complied with the terms of the sale, the guardian of the estate shall...
SUBCHAPTER M PROCEDURE ON FAILURE TO APPLY FOR SALE
- Texas Section 1158.559 - Damages; Removal
(a) If the guardian of the estate neglects to comply with Section 1158.558, including to file the deed of trust securing a lien in the...
- Texas Section 1158.601 - Failure To Apply For Sale
If the guardian of the estate of a ward neglects to apply for an order to sell sufficient property to pay charges and claims against...
SUBCHAPTER N PURCHASE OF ESTATE PROPERTY BY GUARDIAN
- Texas Section 1158.602 - Court Order
On hearing an application under Section 1158.601, if the court is satisfied that a sale of estate property is necessary or advisable to satisfy the...
- Texas Section 1158.651 - General Prohibition On Purchase
Except as otherwise provided by Section 1158.652 or 1158.653, the guardian of the estate of a ward may not purchase, directly or indirectly, any estate...
- Texas Section 1158.652 - Exception: Executory Contract
The guardian of the estate of a ward may purchase estate property in compliance with the terms of a written executory contract signed by the...
- Texas Section 1158.653 - Exception: Best Interest Of Estate
(a) The guardian of the estate may purchase estate property on the court's determination that the sale is in the estate's best interest. (b) In...
SUBCHAPTER O PARTITION OF WARD'S INTEREST IN REAL ESTATE
- Texas Section 1158.654 - Purchase In Violation Of Subchapter
(a) If the guardian of the estate of a ward purchases estate property in violation of this subchapter, a person interested in the estate may...
- Texas Section 1158.701 - Partition By Agreement
(a) The guardian of the estate of a ward may agree to a partition of real estate in which the ward owns an interest in...
- Texas Section 1158.702 - Application For Approval Of Partition Agreement
(a) When a guardian has reached an agreement with the other part owners on how to partition real estate as described by Section 1158.701, the...
- Texas Section 1158.703 - Hearing
(a) The county clerk shall immediately call to the attention of the judge of the court in which the guardianship proceeding is pending the filing...
- Texas Section 1158.704 - Order
If the judge is satisfied that the proposed partition of the real estate is in the best interests of the ward's estate, the court shall...
- Texas Section 1158.705 - Partition Without Court Approval; Ratification Of Partition Agreement
(a) If a guardian, without court approval as provided by this subchapter, executes or intends to execute an agreement to partition any real estate in...
- Texas Section 1158.706 - Partition By Suit
(a) The guardian of the estate of a ward may bring a suit in the court in which the guardianship proceeding is pending for the...