Texas Estates Code 356.252 – Contents of Application
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Terms Used In Texas Estates Code 356.252
- 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 - 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 - in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Property: means real and personal property. See Texas Government Code 311.005
An application for the sale of real estate must:
(1) be in writing;
(2) describe:
(A) the real estate sought to be sold; or
(B) the interest in or part of the real estate sought to be sold; and
(3) be accompanied by an exhibit, verified by an affidavit, showing:
(A) the estate’s condition fully and in detail;
(B) the charges and claims that have been approved or established by suit or that have been rejected and may yet be established;
(C) the amount of each claim described by Paragraph (B);
(D) the estate property remaining on hand that is liable for the payment of the claims described by Paragraph (B); and
(E) any other facts showing the necessity for or advisability of the sale.