Texas Estates Code 1160.152 – Pooling or Unitization Application
(a) The guardian of the estate shall file with the county clerk of the county in which the guardianship proceeding is pending a written application for authority to:
(1) enter into a pooling or unitization agreement supplementing, amending, or otherwise relating to any existing lease covering property owned by the estate; or
(2) commit royalties or other interests in minerals, whether or not subject to a lease, to a pooling or unitization agreement.
(b) The pooling or unitization application must also:
(1) sufficiently describe the property as required in an original lease application;
(2) describe briefly the lease to which the interest of the estate is subject; and
(3) set out the reasons the proposed agreement concerning the property should be entered into.
Terms Used In Texas Estates Code 1160.152
- 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.
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - 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
- Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A copy of the proposed agreement must be attached to the pooling or unitization application and made a part of the application by reference.
(d) The agreement may not be recorded in the judge‘s guardianship docket.
(e) Immediately after the pooling or unitization application is filed, the clerk shall call the application to the judge’s attention.