Texas Estates Code 1158.251 – Application for Order of Sale
Terms Used In Texas Estates Code 1158.251
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - 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 - Property: means real and personal property. See Texas Government Code 311.005
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
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 advisable to:
(1) pay:
(A) expenses of administration, allowances, and claims against the ward or the ward’s estate; and
(B) if the guardianship is kept open after the death of the ward, the ward’s funeral expenses and expenses of the ward’s last illness;
(2) make up the deficiency if the income of a ward’s estate, the personal property of the estate, and the proceeds of previous sales are insufficient to pay for the education and maintenance of the ward or to pay debts against the estate;
(3) dispose of property of the ward’s estate that consists wholly or partly of an undivided interest in real estate if considered in the best interests of the estate to sell the interest;
(4) dispose of real estate of a ward, any part of which is nonproductive or does not produce sufficient revenue to make a fair return on the value of the real estate, if:
(A) the improvement of the real estate with a view to making the property productive is not considered advantageous or advisable; and
(B) the sale of the real estate and the investment of the money derived from that sale appears to be in the estate’s best interests; or
(5) conserve the ward’s estate by selling mineral interest or royalties on minerals in place owned by the ward.