Texas Estates Code 360.202 – Sale of Estate Property
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(a) When the court has found that all or part of an estate is not capable of fair and equal division, the court shall order the sale of all estate property not capable of fair and equal division.
(b) The sale must be made by the executor or administrator in the manner provided for the sale of real estate to satisfy estate debts.
Terms Used In Texas Estates Code 360.202
- 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 - Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
- 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 - Executor: A male person named in a will to carry out the decedent
- Property: means real and personal property. See Texas Government Code 311.005
(c) The court shall distribute the proceeds collected from the sale to the persons entitled to the proceeds.
(d) A distributee who buys property at the sale is required to pay or secure only the amount by which the distributee’s bid exceeds the amount of the distributee’s share of the property.