Texas Estates Code 1160.055 – Requirements Regarding Order and Notice Mandatory
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Terms Used In Texas Estates Code 1160.055
- 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 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
A court order authorizing any act to be performed in accordance with a lease application filed under Section 1160.052 is void in the absence of:
(1) a written order originally designating a time and place for the hearing;
(2) a notice issued by the guardian of the estate in compliance with the order; and
(3) proof of publication or posting of the notice as required under Section 1160.054.