THEAYX-ORNEY GENERAL 

OFTEXAS 

AUSTINS~.TEXAR 

September 25, 1959 

Hon. E. E. Coons Opinion No. WW-709 

County Attorney 

Sherman County Re: Proper disposition of 

Stratford, Texas unclaimed real estate 

within six months after 

the settlement of the 

final account of an 

Dear Mr. Coons: administrator. 

We quote the following excerpt from your letter 

requesting that we advise you on the above captioned matter: 

"Administration on 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 intestate and we have been unable 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 personal property. The debts have been paid 

and the Federal Estate 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 known heirs 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's authority 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 advise you as to 

whether under said section the administrator under proper 

court order would be authorized to sell the real property~ and 

dispose of the proceeds in accordance with the applicable 

sections of Chapter X 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 resident minor without a guardian, shall not demand his portion from the 
Hon. E. E. Coons, Page 2 (Opinion No. WW-709) 

executor or administrator within six months 

after an order of court approving the report of 

commissioners of partition, or within six months 

after the settlement of the final account of an 

executor or administrator, as the case may be, 

the court by written order shall require the executor or administrator to pay so much of said 

uortion as is in monev to the State Treasurer: 

and such nortion as is in other property 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 administrator reasonable compensation 

for his services." (Emphasis supplied.) 

We think that the portion of Section 427 pertaining 

to court orders requiring an administrator to sell on such 

terms as the court thinks best "other property" comprises all 

kinds of property, real as well as personal; and that when 

such sale has been duly~ ordered in the instant case, the 

administrator will then properly proceed, pursuant to further 

court order, to oav the oroceeds of the sale to the State 

Treasurer who will-deposit such proceeds in his Settlement of 

Estates Fund. See -on v. Lockhart, 131 Tex. 175, 114 S.W. 

2d 216 (1938) and Att'y. Gen. Op. o-3033. 

SUMMARY 

Pursuant to proper court orders within 

six months after the settlement of his final 

account, an administrator should sell unclaimed real property and transmit the proceeds of such sale to the State Treasurer. 

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