THEAYX-ORNEY GENERAL

OFTEXAS

AUSTINS~.TEXAR

September 25, 1959

Hon. E. E. Coons OpinionNo. WW-709 CountyAttorney Sherman County Re: Proper disposition of Stratford,Texas unclaimed real estate within sixmonths after the settlementof the final account of an Dear Mr. Coons: administrator.

We quote the following excerpt fromyour letter requesting that we adviseyou on the above captioned matter:
"Administrationon the Estate of R. F. Frei, Deceased, has been pending in the County Court of Sherman County. Texas, since April 9, 1956. Mr. Frei died intestateand we have beenunable to locate any~

heirs. His estate consisted of 800
acres of land in Sherman County on 640 of which minerals had been reserved on one-half,and certain personalproperty. The debts have been paid and the FederalEstate Tax has been paid and the estate is nearly ready to close. W. T. Crabtree whose address is Texhoma, Texas, is administrator of the estate and is about ready to file his final account."

You state that there are no knownheirs and that in all probability there will.be no one to claim the land or money remaining on hand. You are not concerned about the disposition of any money which may remain or with the administrator'sauthority to dispose of personal property, under proper court order, being of the opinion that Section 427 of the Probate Code is applicable. We are in accord with this conclusion. However, you request that we adviseyou as to whether under said section the administratorunder proper court order would be authorized to sell the real property~ and dispose of the proceeds in accordancewith the applicable sections of ChapterX of the Probate Code.

Section 427 of the Probate Code reads as follows:

"If any person entitled to a portion of an estate, except a residentminor without a guardian, shallnot demandhis portion from theHon. E. E. Coons, Page 2 (OpinionNo. WW-709)

executor or administratorwithin sixmonths after an order of court approving the report of commissionersof partition, or within sixmonths after the settlementof the final account of an executor or administrator,as the casemay be, the court by written order shall require the executor or administrator to pay somuch of said uortion as is in monev to the State Treasurer: and suchnortion as is in otherproperty he shall order the executor or administrator to sell on --- such terms as the court thinks best, and, when the proceeds of such sale are collected,the court shall order the same to be paid to the State Treasurer, in all such cases allowing the executor or administratorreasonable compensation for his services." (Emphasissupplied.)

We think that theportion of Section 427 pertaining to court orders requiringan administratorto sell on such terms as the court thinks best "otherproperty" comprisesall kinds of property, real as well as personal; and that when such salehas been duly~ ordered in the instant case, the administratorwill then properly proceed,pursuant to further court order, to oav the oroceeds of the sale to the State Treasurer who will-deposit suchproceeds in his Settlement of Estates Fund. See-on v. Lockhart, 

### 131Tex. 

### 175,114 S.W. 2d 216 (1938)and Att'y. Gen. Op. o-3033.

SUMMARY

Pursuant to proper court orders within sixmonths after the settlementof his final account, an administrator should sellunclaimed real property and transmit the proceeds of such sale to the StateTreasurer. Sees. 427, 430, Probate Code,V.A.C.S.
Very truly yours,

APPROVED: WILL WILSON

OPINION COMMITTEE: Geo. P. Blackburn, Chairman

Wm. T. Blackburn Marvin R. Sentell Wm. D. Armstrong MMP: bet

REVIEWED FOR THE ATTORNEY GENERAL: By: W. V. Geppert