Texas Estates Code 356.002 – Sale Authorized by Will
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(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 the executor to sell the property; and
(2) the executor may sell the property:
(A) at public auction or privately as the executor considers to be in the best interest of the estate; and
(B) for cash or on credit terms determined by the executor.
(b) Any particular directions in the testator’s will regarding the sale of estate property shall be followed unless the directions have been annulled or suspended by court order.
Terms Used In Texas Estates Code 356.002
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Executor: A male person named in a will to carry out the decedent
- Property: means real and personal property. See Texas Government Code 311.005
- Testator: A male person who leaves a will at death.