reglab/housing_qa huggingface dataset:
TX Est Code § 1158.051 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter B. Certain Estate Property Required to Be Sold|Section 1158.051. Sale of Certain Personal Property Required

Sec. 1158.051.  SALE OF CERTAIN PERSONAL PROPERTY REQUIRED.  (a)  After approval of the inventory, appraisement, and list of claims, the guardian of the estate of a ward promptly shall apply for a court order to sell, at public auction or privately, for cash or on credit for a term not to exceed six months, all estate property that is liable to perish, waste, or deteriorate in value, or that will be an expense or disadvantage to the estate if kept.(b)  The following may not be included in a sale under Subsection (a):(1)  property exempt from forced sale;(2)  property that is the subject of a specific legacy; and(3)  personal property necessary to carry on a farm, ranch, factory, or other business that is thought best to operate.(c)  In determining whether to order the sale of an asset under Subsection (a), the court shall consider:(1)  the guardian's duty to take care of and manage the estate in the manner a person of ordinary prudence, discretion, and intelligence would manage the person's own affairs; and(2)  whether the asset constitutes an asset that a trustee is authorized to invest under Subchapter F, Chapter 113, Property Code, or Chapter 117, Property Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.101 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter C. Sale of Personal Property|Section 1158.101. Order for Sale

Sec. 1158.101.  ORDER FOR SALE.  (a)  Except as provided by Subsection (b), on the application of the guardian of the estate of a ward or any interested person, the court may order the sale of any estate personal property not required to be sold by Section 1158.051, including livestock or growing or harvested crops, if the court finds that the sale of the property is in the best interests of the ward or the ward's estate to pay, from the proceeds of the sale:(1)  expenses of the care, maintenance, and education of the ward or the ward's dependents;(2)  expenses of administration;(3)  allowances;(4)  claims against the ward or the ward's estate; and(5)  if the guardianship is kept open after the death of the ward, the ward's funeral expenses and expenses of the ward's last illness.(b)  The court may not order under this section the sale of exempt property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.102 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter C. Sale of Personal Property|Section 1158.102. Requirements for Application and Order

Sec. 1158.102.  REQUIREMENTS FOR APPLICATION AND ORDER.  To the extent possible, an application and order for the sale of estate personal property under Section 1158.101 must conform to the requirements under Subchapter F for an application and order for the sale of real estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.103 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter C. Sale of Personal Property|Section 1158.103. Sale at Public Auction

Sec. 1158.103.  SALE AT PUBLIC AUCTION.  Unless the court directs otherwise, before estate personal property is sold at public auction, notice must be:(1)  issued by the guardian of the estate; and(2)  posted in the manner notice is posted for original proceedings in probate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.104 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter C. Sale of Personal Property|Section 1158.104. Sale on Credit

Sec. 1158.104.  SALE ON CREDIT.  (a)  Estate personal property may not be sold on credit at public auction for a term of more than six months from the date of sale.(b)  Estate personal property purchased on credit at public auction may not be delivered to the purchaser until the purchaser gives a note for the amount due, with good and solvent personal security.  The requirement that security be provided may be waived if the property will not be delivered until the note, with interest, has been paid.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.105 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter C. Sale of Personal Property|Section 1158.105. Report; Evidence of Title

Sec. 1158.105.  REPORT; EVIDENCE OF TITLE.  (a)  A successful bid or contract for the sale of estate personal property shall be reported to the court.  The laws regulating the approval or disapproval of a sale of real estate apply to the sale, except that a conveyance is not required.(b)  The court's order confirming the sale of estate personal property:(1)  vests the right and title of the ward's estate in the purchaser who has complied with the terms of the sale; and(2)  is prima facie evidence that all requirements of the law in making the sale have been met.(c)  The guardian of the estate, on request, may issue a bill of sale without warranty to the purchaser of estate personal property as evidence of title.  The expense of the bill of sale if requested must be paid by the purchaser.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 35, eff. September 1, 2021.|
TX Est Code § 1158.151 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter D. Sale of Livestock|Section 1158.151. Authority for Sale

Sec. 1158.151.  AUTHORITY FOR SALE.  (a)  A guardian of the estate who has possession of livestock and who considers selling the livestock to be necessary or to the estate's advantage may, in addition to any other method provided by law for the sale of personal property, obtain authority from the court in which the estate is pending to sell the livestock through:(1)  a bonded livestock commission merchant; or(2)  a bonded livestock auction commission merchant.(b)  The court may authorize the sale of livestock in the manner described by Subsection (a) on a written and sworn application by the guardian or any person interested in the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.152 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter D. Sale of Livestock|Section 1158.152. Contents of Application; Hearing

Sec. 1158.152.  CONTENTS OF APPLICATION; HEARING.  (a)  An application under Section 1158.151 must:(1)  describe the livestock sought to be sold; and(2)  state why granting the application is necessary or to the estate's advantage.(b)  The court:(1)  shall consider the application; and(2)  may hear evidence for or against the application, with or without notice, as the facts warrant.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.153 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter D. Sale of Livestock|Section 1158.153. Grant of Application

Sec. 1158.153.  GRANT OF APPLICATION.  If the court grants an application for the sale of livestock, the court shall:(1)  enter an order to that effect; and(2)  authorize delivery of the livestock to a commission merchant described by Section 1158.151(a) for sale in the regular course of business.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.154 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter D. Sale of Livestock|Section 1158.154. Report; Passage of Title

Sec. 1158.154.  REPORT; PASSAGE OF TITLE.  The guardian of the estate shall promptly report to the court a sale of livestock, supported by a verified copy of the commission merchant's account of the sale.  A court order of confirmation is not required to pass title to the purchaser of the livestock.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.155 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter D. Sale of Livestock|Section 1158.155. Commission Merchant Charges

Sec. 1158.155.  COMMISSION MERCHANT CHARGES.  The commission merchant shall be paid the commission merchant's usual and customary charges, not to exceed five percent of the sale price, for the sale of the livestock.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.201 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter E. Sale of Mortgaged Property|Section 1158.201. Application for Sale of Mortgaged Property

Sec. 1158.201.  APPLICATION FOR SALE OF MORTGAGED PROPERTY.  On the filing of a written application, a creditor holding a claim that is secured by a valid mortgage or other lien and that has been allowed and approved or established by suit may obtain from the court in which the guardianship is pending an order requiring that the property securing the lien, or as much of the property as is necessary to satisfy the creditor's claim, be sold.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.202 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter E. Sale of Mortgaged Property|Section 1158.202. Citation

Sec. 1158.202.  CITATION.  On the filing of an application under Section 1158.201, the clerk shall issue a citation requiring the guardian of the estate to appear and show cause why the application should not be granted.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.203 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter E. Sale of Mortgaged Property|Section 1158.203. Order

Sec. 1158.203.  ORDER.  The court may order the lien securing the claim of a creditor who files an application under Section 1158.201 to be discharged out of general estate assets or refinanced if the discharge or refinance of the lien appears to the court to be advisable.  Otherwise, the court shall grant the application and order that the property securing the lien be sold at public or private sale, as the court considers best, as in an ordinary sale of real estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.251 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.251. Application for Order of Sale

Sec. 1158.251.  APPLICATION FOR ORDER OF SALE.  An application may be made to the court for an order to sell real property of a ward's estate if the sale appears necessary or advisable to:(1)  pay:(A)  expenses of administration, allowances, and claims against the ward or the ward's estate; and(B)  if the guardianship is kept open after the death of the ward, the ward's funeral expenses and expenses of the ward's last illness;(2)  make up the deficiency if the income of a ward's estate, the personal property of the estate, and the proceeds of previous sales are insufficient to pay for the education and maintenance of the ward or to pay debts against the estate;(3)  dispose of property of the ward's estate that consists wholly or partly of an undivided interest in real estate if considered in the best interests of the estate to sell the interest;(4)  dispose of real estate of a ward, any part of which is nonproductive or does not produce sufficient revenue to make a fair return on the value of the real estate, if:(A)  the improvement of the real estate with a view to making the property productive is not considered advantageous or advisable; and(B)  the sale of the real estate and the investment of the money derived from that sale appears to be in the estate's best interests; or(5)  conserve the ward's estate by selling mineral interest or royalties on minerals in place owned by the ward.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.252 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.252. Contents of Application

Sec. 1158.252.  CONTENTS OF APPLICATION.  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 fully and in detail:(A)  the estate's condition;(B)  the charges and claims that have been approved or established by suit or that have been rejected and may be established later;(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.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.253 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.253. Citation

Sec. 1158.253.  CITATION.  On the filing of an application for the sale of real estate under Section 1158.251, accompanied by an exhibit described by Section 1158.252, the clerk shall issue a citation to all persons interested in the guardianship.  The citation must:(1)  describe the real estate or the interest in or part of the real estate sought to be sold;(2)  inform the interested persons of the right under Section 1158.254 to file an opposition to the sale during the period prescribed by the court in the citation; and(3)  be served by posting.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.254 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.254. Opposition to Sale

Sec. 1158.254.  OPPOSITION TO SALE.  During the period prescribed in a citation issued under Section 1158.253, a person interested in the guardianship may file:(1)  a written opposition to the sale; or(2)  an application for the sale of other estate property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.255 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.255. Hearing on Application and Any Opposition

Sec. 1158.255.  HEARING ON APPLICATION AND ANY OPPOSITION.  (a)  The clerk of the court in which an application for an order of sale is filed shall immediately call to the judge's attention any opposition to the sale that is filed during the period prescribed in the citation issued under Section 1158.253.  The court shall hold a hearing on the application if an opposition to the sale is filed during the period prescribed in the citation.(b)  A hearing on an application for an order of sale is not required under this section if no opposition to the application is filed during the period prescribed in the citation.  The court may determine that a hearing on the application is necessary even if no opposition is filed during that period.(c)  If the court orders a hearing under Subsection (a) or (b), the court shall designate in writing a date and time for the hearing on the application and any opposition, together with the evidence pertaining to the application and any opposition.  The clerk shall issue a notice of the date and time of the hearing to the applicant and to each person who files an opposition to the sale, if applicable.(d)  The judge, by entries on the docket, may continue a hearing held under this section from time to time until the judge is satisfied concerning the application.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.256 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.256. Order

Sec. 1158.256.  ORDER.  (a)  The court shall order the sale of the property of the estate described in an application under Section 1158.251 if the court is satisfied that the sale is necessary or advisable.  Otherwise, the court may deny the application and, if the court considers it best, may order the sale of other estate property the sale of which would be more advantageous to the estate.(b)  An order for the sale of real estate under this section must specify:(1)  the property to be sold, including a description that identifies that property;(2)  whether the property is to be sold at public auction or private sale and, if at public auction, the time and place of the sale;(3)  the necessity or advisability of, and the purpose of, the sale;(4)  except in a case in which a guardian of the estate was not required to give a general bond, that the court, after examining the general bond given by the guardian, finds that:(A)  the bond is sufficient as required by law; or(B)  the bond is insufficient;(5)  if the court finds that the general bond is insufficient under Subdivision (4)(B), the amount of the necessary or increased bond, as applicable;(6)  that the sale is to be made and the report returned in accordance with law; and(7)  the terms of the sale.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.257 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 1158.257. Sale for Payment of Debts

Sec. 1158.257.  SALE FOR PAYMENT OF DEBTS.  Real property of a ward selected to be sold for the payment of expenses or claims must be that property the sale of which the court considers most advantageous to the guardianship.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.301 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter G. Sale of Real Estate: Terms of Sale|Section 1158.301. Permissible Terms

Sec. 1158.301.  PERMISSIBLE TERMS.  Real estate of an estate may be sold for cash, or for part cash and part credit, or the equity in land securing an indebtedness may be sold subject to the indebtedness, or with an assumption of the indebtedness, at public or private sale, as appears to the court to be in the estate's best interests.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.302 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter G. Sale of Real Estate: Terms of Sale|Section 1158.302. Sale on Credit

Sec. 1158.302.  SALE ON CREDIT.  (a)  The cash payment for real estate of an estate sold partly on credit may not be less than one-fifth of the purchase price.  The purchaser shall execute a note for the deferred payments, payable in monthly, quarterly, semiannual, or annual installments, in amounts that appear to the court to be in the guardianship's best interests.  The note must bear interest from the date at a rate of not less than four percent per year, payable as provided in the note.(b)  A note executed by a purchaser under Subsection (a) must be secured by a vendor's lien retained in the deed and in the note on the property sold, and be additionally secured by a deed of trust on the property sold, with the usual provisions for foreclosure and sale on failure to make the payments provided in the deed and the note.(c)  At the election of the holder of a note executed by a purchaser under Subsection (a), default in the payment of principal or interest or any part of the payment when due matures the entire debt.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|
TX Est Code § 1158.351 (2021)
2021 Texas Statutes|Estates Code|Title 3 - Guardianship and Related Procedures|Subtitle E - Administration of Guardianship|Chapter 1158 - Sale or Partition of Ward's Property|Subchapter H. Reconveyance of Real Estate Following Foreclosure|Section 1158.351. Applicability of Subchapter

Sec. 1158.351.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to real estate owned by an estate as a result of the foreclosure of a vendor's lien or mortgage belonging to the estate:(1)  by a judicial sale;(2)  by a foreclosure suit;(3)  through a sale under a deed of trust; or(4)  by acceptance of a deed in cancellation of a lien or mortgage owned by the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.|