Texas Estates Code 356.251 – Application for Order of Sale
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Terms Used In Texas Estates Code 356.251
- 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 - Decedent: A deceased person.
- 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
An application may be made to the court for an order to sell estate property if the sale appears necessary or advisable to:
(1) pay:
(A) expenses of administration;
(B) the decedent‘s funeral expenses;
(C) expenses of the decedent’s last illness;
(D) allowances; and
(E) claims against the estate; or
(2) dispose of an interest in estate real property if selling the interest is considered in the estate’s best interest.