reglab/housing_qa huggingface dataset:
TX Est Code § 356.255 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 356.255. Hearing on Application and Any Opposition

Sec. 356.255.  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 356.253.  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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.256 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 356.256. Order

Sec. 356.256.  ORDER.  (a)  The court shall order the sale of the estate property described in an application for an order of sale 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 personal representative was not required to give a general bond, that the court, after examining the general bond given by the representative, 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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.257 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter F. Sale of Real Property: Application and Order for Sale|Section 356.257. Sale for Payment of Debts

Sec. 356.257.  SALE FOR PAYMENT OF DEBTS.  Estate real property 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 estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.301 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter G. Sale of Real Estate: Terms of Sale|Section 356.301. Permissible Terms

Sec. 356.301.  PERMISSIBLE TERMS.  Real estate of an estate may be sold for cash, 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 interest.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.302 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter G. Sale of Real Estate: Terms of Sale|Section 356.302. Sale on Credit

Sec. 356.302.  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 estate's best interest.  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 further 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, interest, or any part of the principal or interest, when due matures the entire debt.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.351 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter H. Reconveyance of Real Estate Following Foreclosure|Section 356.351. Applicability of Subchapter

Sec. 356.351.  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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.352 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter H. Reconveyance of Real Estate Following Foreclosure|Section 356.352. Application and Order for Reconveyance

Sec. 356.352.  APPLICATION AND ORDER FOR RECONVEYANCE.  On proper application and proof, the court may dispense with the requirements for a credit sale prescribed by Section 356.302 and order the reconveyance of foreclosed real estate to the former mortgage debtor or former owner if it appears to the court that:(1)  an application to redeem the real estate has been made by the former owner to a corporation or agency created by an Act of the United States Congress or of this state in connection with legislation for the relief of owners of mortgaged or encumbered homes, farms, ranches, or other real estate; and(2)  owning bonds of one of those federal or state corporations or agencies instead of the real estate would be in the estate's best interest.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.353 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter H. Reconveyance of Real Estate Following Foreclosure|Section 356.353. Exchange for Bonds

Sec. 356.353.  EXCHANGE FOR BONDS.  (a)  If a court orders the reconveyance of foreclosed real estate as provided by Section 356.352, vendor's lien notes shall be reserved for the total amount of the indebtedness due or for the total amount of bonds that the corporation or agency to which the application to redeem the real estate was submitted as described by Section 356.352(1) is allowed to advance under the corporation's or agency's rules or regulations.(b)  On obtaining the order for reconveyance, it shall be proper for the personal representative of the estate to indorse and assign the reserved vendor's lien notes over to any one of the corporations or agencies described by Section 356.352(1) in exchange for bonds of that corporation or agency.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.401 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter I. Sale of Real Estate: Public Auction|Section 356.401. Method of Sale; Required Notice

Sec. 356.401.  METHOD OF SALE; REQUIRED NOTICE.  (a)  A public sale of real estate of an estate shall be made at public auction.  Except as otherwise provided by Section 356.403(c), the personal representative of an estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations.  The notice must:(1)  include a reference to the order of sale;(2)  include the time, place, and required terms of sale; and(3)  briefly describe the real estate to be sold.(b)  The notice required by Subsection (a) is not required to contain field notes, but if the real estate to be sold is rural property, the notice must include:(1)  the name of the original survey of the real estate;(2)  the number of acres comprising the real estate;(3)  the location of the real estate in the county; and(4)  any name by which the real estate is generally known.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.|
TX Est Code § 356.402 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter I. Sale of Real Estate: Public Auction|Section 356.402. Completion of Auction

Sec. 356.402.  COMPLETION OF AUCTION.  A public auction of real estate of an estate shall be completed on the bid of the highest bidder.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.|
TX Est Code § 356.403 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter I. Sale of Real Estate: Public Auction|Section 356.403. Time and Place of Auction

Sec. 356.403.  TIME AND PLACE OF AUCTION.  (a)  Except as provided by Subsection (c), a public auction of real estate of an estate shall be held at:(1)  the courthouse door in the county in which the real estate is located, or if the real estate is located in more than one county, the courthouse door in any county in which the real estate is located; or(2)  another place in a county described by Subdivision (1) at which auctions of real estate are specifically authorized to be held as designated by the commissioners court of the county under Section 51.002(a), Property Code.(b)  Except as otherwise provided by this subsection, the auction must occur between 10 a.m. and 4 p.m. on the first Tuesday of the month after publication of notice has been completed.  If the first Tuesday of the month occurs on January 1 or July 4, the auction must occur between 10 a.m. and 4 p.m. on the first Wednesday of the month.(c)  If the court considers it advisable, the court may order the auction to be held in the county in which the proceedings are pending, in which event notice shall be published both in that county and in the county in which the real estate is located.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.|
TX Est Code § 356.404 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter I. Sale of Real Estate: Public Auction|Section 356.404. Continuance of Auction

Sec. 356.404.  CONTINUANCE OF AUCTION.  (a)  A public auction of real estate of an estate that is not completed on the day advertised may be continued from day to day by an oral public announcement of the continuance made at the conclusion of the auction each day.(b)  A continued auction must occur within the hours prescribed by Section 356.403(b).(c)  The continuance of an auction under this section shall be shown in the report made to the court under Section 356.551.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.|
TX Est Code § 356.405 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter I. Sale of Real Estate: Public Auction|Section 356.405. Failure of Bidder to Comply

Sec. 356.405.  FAILURE OF BIDDER TO COMPLY.  (a)  If a person bids off real estate of the estate offered at public auction and fails to comply with the terms of the bid, the property shall be readvertised and auctioned without any further order.(b)  The person defaulting on a bid as described by Subsection (a) is liable for payment to the personal representative of the estate, for the estate's benefit, of:(1)  10 percent of the amount of the bid; and(2)  the amount of any deficiency in price on the second auction.(c)  The personal representative may recover the amounts under Subsection (b) by suit in any court in the county in which the auction was made that has jurisdiction of the amount claimed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.|
TX Est Code § 356.451 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter J. Sale of Real Estate: Contract for Private Sale|Section 356.451. Terms of Sale

Sec. 356.451.  TERMS OF SALE.  The personal representative of an estate may enter into a contract for the private sale of real estate of the estate made in the manner the court directs in the order of sale.  Unless the court directs otherwise, additional advertising, notice, or citation concerning the sale is not required.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 30, eff. September 1, 2019.|
TX Est Code § 356.501 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter K. Sale of Easement or Right-of-Way|Section 356.501. Authorization

Sec. 356.501.  AUTHORIZATION.  Easements and rights-of-way on, under, and over the land of an estate that is being administered under court order may be sold and conveyed regardless of whether the sale proceeds are required to pay charges or claims against the estate or for other lawful purposes.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.502 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter K. Sale of Easement or Right-of-Way|Section 356.502. Procedure

Sec. 356.502.  PROCEDURE.  The procedure for the sale of an easement or right-of-way authorized under Section 356.501 is the same as the procedure provided by law for a private sale of estate real property by contract.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 31, eff. September 1, 2019.|
TX Est Code § 356.551 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 356.551. Report

Sec. 356.551.  REPORT.  A successful bid or contract for the sale of estate real property shall be reported to the court ordering the sale not later than the 30th day after the date the bid is made or the property is placed under contract.  The report must:(1)  be sworn to, in writing, and filed with the clerk;(2)  include:(A)  the date of the order of sale;(B)  a description of the property being sold;(C)  the time and place of the auction or date the property is placed under contract;(D)  the purchaser's name;(E)  the amount of the successful bid or the purchase price for each parcel of property or interest in property auctioned or placed under contract;(F)  the terms of the sale;(G)  whether the proposed sale of the property was made at public auction or by contract; and(H)  whether the purchaser is ready to comply with the order of sale; and(3)  be noted on the probate docket.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 33, eff. September 1, 2019.|
TX Est Code § 356.552 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 356.552. Action of Court on Report

Sec. 356.552.  ACTION OF COURT ON REPORT.  After the expiration of five days from the date a report is filed under Section 356.551, the court shall:(1)  inquire into the manner in which the auction or contract described in the report was made;(2)  hear evidence in support of or against the report; and(3)  determine the sufficiency or insufficiency of the personal representative's general bond, if any has been required and given.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 34, eff. September 1, 2019.|
TX Est Code § 356.553 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 356.553. Approval of Sale When Bond Not Required

Sec. 356.553.  APPROVAL OF SALE WHEN BOND NOT REQUIRED.  If the personal representative of an estate is not required by this title to give a general bond, the court may approve the sale of estate real property in the manner provided by Section 356.556(a) if the court finds that the sale is satisfactory and made in accordance with law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 35, eff. September 1, 2019.|
TX Est Code § 356.554 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 356.554. Sufficiency of Bond

Sec. 356.554.  SUFFICIENCY OF BOND.  (a)  If the personal representative of an estate is required by this title to give a general bond, before the court approves any sale of real estate, the court shall determine whether the bond is sufficient to protect the estate after the sale proceeds are received.(b)  If the court finds that the general bond is sufficient, the court may approve the sale as provided by Section 356.556(a).(c)  If the court finds that the general bond is insufficient, the court may not approve the sale until the general bond is increased to the amount required by the court, or an additional bond is given, and approved by the court.(d)  An increase in the amount of the general bond, or the additional bond, as applicable under Subsection (c), must be equal to the sum of:(1)  the amount for which the real estate is sold; and(2)  any additional amount the court finds necessary and sets for the estate's protection.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 36, eff. September 1, 2019.|
TX Est Code § 356.555 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 356.555. Increased or Additional Bond Not Required

Sec. 356.555.  INCREASED OR ADDITIONAL BOND NOT REQUIRED.  Notwithstanding Sections 356.554(c) and (d), if the real estate sold is encumbered by a lien to secure a claim against the estate and is sold to the owner or holder of the secured claim in full payment, liquidation, and satisfaction of the claim, an increased general bond or additional bond may not be required except for the amount of any cash paid to the personal representative of the estate in excess of the amount necessary to pay, liquidate, and satisfy the claim in full.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.556 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 356 - Sale of Estate Property|Subchapter L. Approval of Sale of Real Property and Transfer of Title|Section 356.556. Approval or Disapproval Order

Sec. 356.556.  APPROVAL OR DISAPPROVAL ORDER.  (a)  If the court is satisfied that the proposed sale of real property reported under Section 356.551 is for a fair price, properly made, and in conformity with law, and the court has approved any increased or additional bond that the court found necessary to protect the estate, the court shall enter an order:(1)  approving the sale;(2)  showing conformity with this chapter;(3)  detailing the terms of the sale; and(4)  authorizing the personal representative to convey the property on the purchaser's compliance with the terms of the sale.(b)  If the court is not satisfied that the proposed sale of real property is for a fair price, properly made, and in conformity with law, the court shall enter an order setting aside the bid or contract and ordering a new sale to be made, if necessary.(c)  The court's action in approving or disapproving a report under Section 356.551 has the effect of a final judgment.  Any person interested in the estate or in the sale is entitled to have an order entered under this section reviewed as in other final judgments in probate proceedings.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 37, eff. September 1, 2019.|