reglab/housing_qa huggingface dataset:
TX Est Code § 355.159 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter D. Presentment and Payment of Secured Claims for Money|Section 355.159. Manner of Foreclosure; Minimum Price

Sec. 355.159.  MANNER OF FORECLOSURE; MINIMUM PRICE.  (a)  When the court grants a claim holder the right of foreclosure at a hearing under Section 355.158, the court shall authorize the claim holder to foreclose the claim holder's mortgage, lien, or security interest:(1)  in accordance with the provisions of the document creating the mortgage, lien, or security interest; or(2)  in any other manner allowed by law.(b)  Based on the evidence presented at the hearing, the court may set a minimum price for the property to be sold by foreclosure that does not exceed the fair market value of the property.  If the court sets a minimum price, the property may not be sold at the foreclosure sale for a lower price.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.160 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter D. Presentment and Payment of Secured Claims for Money|Section 355.160. Unsuccessful Foreclosure; Subsequent Application

Sec. 355.160.  UNSUCCESSFUL FORECLOSURE; SUBSEQUENT APPLICATION.  If property that is the subject of a foreclosure sale authorized and conducted under this subchapter is not sold because no bid at the sale met the minimum price set by the court, the claim holder may file a subsequent application for foreclosure under Section 355.155(b)(3).  The court may eliminate or modify the minimum price requirement and grant permission for another foreclosure sale.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter E. Claims Involving Personal Representatives|Section 355.201. Claim by Personal Representative

Sec. 355.201.  CLAIM BY PERSONAL REPRESENTATIVE.  (a)  The provisions of this chapter regarding the presentment of claims against a decedent's estate may not be construed to apply to any claim of a personal representative against the decedent.(b)  A personal representative holding a claim against the decedent shall file the claim in the court granting the letters testamentary or of administration, verified by affidavit as required in other cases, within six months after the date the representative qualifies, or the claim is barred.(c)  A claim by a personal representative that has been filed with the court within the required period shall be entered on the claim docket and acted on by the court in the same manner as in other cases.(d)  A personal representative may appeal a judgment of the court acting on a claim under this section as in other cases.(e)  The previous provisions regarding the presentment of claims may not be construed to apply to a claim:(1)  of any heir or devisee who claims in that capacity;(2)  that accrues against the estate after the granting of letters testamentary or of administration and for which the personal representative has contracted; or(3)  for delinquent ad valorem taxes against a decedent's estate that is being administered in probate in:(A)  a county other than the county in which the taxes were imposed; or(B)  the same county in which the taxes were imposed, if the probate proceedings have been pending for more than four years.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.202 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter E. Claims Involving Personal Representatives|Section 355.202. Claims Against Personal Representatives

Sec. 355.202.  CLAIMS AGAINST PERSONAL REPRESENTATIVES.  (a)  The naming of an executor in a will does not extinguish a just claim that the decedent had against the person named as executor.(b)  If a personal representative is indebted to the decedent, the representative shall account for the debt in the same manner as if the debt were cash in the representative's possession.(c)  Notwithstanding Subsection (b), a personal representative is required to account for the debt only from the date the debt becomes due if the debt was not due at the time the representative received letters testamentary or of administration.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.203 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter E. Claims Involving Personal Representatives|Section 355.203. Purchase of Claim by Personal Representative Prohibited

Sec. 355.203.  PURCHASE OF CLAIM BY PERSONAL REPRESENTATIVE PROHIBITED.  (a)  It is unlawful, and cause for removal, for a personal representative, whether acting under appointment by will or court orders, to purchase a claim against the estate the representative represents for the representative's own use or any other purpose.(b)  On written complaint by a person interested in the estate and on satisfactory proof of a violation of Subsection (a), the court after citation and hearing:(1)  shall enter an order canceling the claim described by Subsection (a); and(2)  may remove the personal representative who is found to have violated Subsection (a).(c)  No part of a claim canceled under Subsection (b) may be paid out of the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.001 (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 A. General Provisions|Section 356.001. Court Order Authorizing Sale

Sec. 356.001.  COURT ORDER AUTHORIZING SALE.  (a)  Except as provided by this chapter, estate property may not be sold without a court order authorizing the sale.(b)  Except as otherwise specially provided by this chapter, the court may order estate property to be sold for cash or on credit, at public auction or privately, as 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 § 356.002 (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 A. General Provisions|Section 356.002. Sale Authorized by Will

Sec. 356.002.  SALE AUTHORIZED BY WILL.  (a)  Subject to Subsection (b), if a will authorizes the executor to sell the testator's property:(1)  a court order is not required to authorize the executor to sell the property; and(2)  the executor may sell the property:(A)  at public auction or privately as the executor considers to be in the best interest of the estate; and(B)  for cash or on credit terms determined by the executor.(b)  Any particular directions in the testator's will regarding the sale of estate property shall be followed unless the directions have been annulled or suspended by court order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.051 (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 B. Certain Estate Property Required to Be Sold|Section 356.051. Sale of Certain Personal Property Required

Sec. 356.051.  SALE OF CERTAIN PERSONAL PROPERTY REQUIRED.  (a)  After approval of the inventory, appraisement, and list of claims, the personal representative of an estate 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 personal representative'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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.101 (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 C. Sale of Personal Property|Section 356.101. Order for Sale

Sec. 356.101.  ORDER FOR SALE.  (a)  Except as provided by Subsection (b), on the application of the personal representative of an estate or any interested person, the court may order the sale of any estate personal property not required to be sold by Section 356.051, including livestock or growing or harvested crops, if the court finds that the sale of the property is in the estate's best interest to pay, from the proceeds of the sale:(1)  expenses of administration;(2)  the decedent's funeral expenses;(3)  expenses of the decedent's last illness;(4)  allowances; or(5)  claims against the estate. (b)  The court may not order under this section the sale of exempt property or property that is the subject of a specific legacy.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.102 (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 C. Sale of Personal Property|Section 356.102. Requirements for Application and Order

Sec. 356.102.  REQUIREMENTS FOR APPLICATION AND ORDER.  To the extent possible, an application and order for the sale of personal property under Section 356.101 must conform to the requirements under Subchapter F for an application and order for the sale of real estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.103 (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 C. Sale of Personal Property|Section 356.103. Sale at Public Auction

Sec. 356.103.  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 personal representative of the estate; and(2)  posted in the manner notice is posted for original proceedings in probate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.104 (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 C. Sale of Personal Property|Section 356.104. Sale on Credit

Sec. 356.104.  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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.105 (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 C. Sale of Personal Property|Section 356.105. Report; Evidence of Title

Sec. 356.105.  REPORT; EVIDENCE OF TITLE.  (a)  A 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 approving the sale of estate personal property:(1)  vests the right and title of the intestate'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 personal representative of an estate, on request, may issue a bill of sale without warranty to the purchaser of estate personal property as evidence of title.  The purchaser shall pay for the issuance of the bill of sale.|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. 29, eff. September 1, 2019.|
TX Est Code § 356.151 (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 D. Sale of Livestock|Section 356.151. Authority for Sale

Sec. 356.151.  AUTHORITY FOR SALE.  (a)  A personal representative of an 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 personal representative or any person interested in the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.152 (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 D. Sale of Livestock|Section 356.152. Contents of Application; Hearing

Sec. 356.152.  CONTENTS OF APPLICATION; HEARING.  (a)  An application  under Section 356.151 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 promptly consider the application; and(2)  may hear evidence for or against the application, with or without notice, as the facts warrant.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.153 (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 D. Sale of Livestock|Section 356.153. Grant of Application

Sec. 356.153.  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 356.151 for sale in the regular course of business.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.154 (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 D. Sale of Livestock|Section 356.154. Report; Passage of Title

Sec. 356.154.  REPORT; PASSAGE OF TITLE.  The personal representative of the estate shall promptly report to the court a sale of livestock authorized under this subchapter, 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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.155 (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 D. Sale of Livestock|Section 356.155. Commission Merchant Fees

Sec. 356.155.  COMMISSION MERCHANT FEES.  A commission merchant shall be paid the merchant's usual and customary charges, not to exceed five percent of the sale price, for the sale of livestock authorized under this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.201 (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 E. Sale of Mortgaged Property|Section 356.201. Application for Sale of Mortgaged Property

Sec. 356.201.  APPLICATION FOR SALE OF MORTGAGED PROPERTY.  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, by filing a written application, obtain from the court in which the estate is pending an order requiring that the property securing the lien, or as much of the property as is necessary to satisfy the claim, be sold.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.202 (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 E. Sale of Mortgaged Property|Section 356.202. Citation

Sec. 356.202.  CITATION.  On the filing of an application under Section 356.201, the clerk shall issue a citation requiring the personal representative of the estate to appear and show cause why the application should not be granted.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.203 (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 E. Sale of Mortgaged Property|Section 356.203. Order

Sec. 356.203.  ORDER.  The court may order the lien securing the claim of a creditor who files an application under Section 356.201 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 considered best, as in an ordinary sale of real estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.251 (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 356.251. Application for Order of Sale

Sec. 356.251.  APPLICATION FOR ORDER OF SALE.  An application may be made to the court for an order to sell estate property if the sale appears necessary or advisable to:(1)  pay:(A)  expenses of administration;(B)  the decedent's funeral expenses;(C)  expenses of the decedent's last illness;(D)  allowances; and(E)  claims against the estate; or(2)  dispose of an interest in estate real property if selling the interest is considered 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 § 356.252 (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 356.252. Contents of Application

Sec. 356.252.  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:(A)  the estate's condition fully and in detail;(B)  the charges and claims that have been approved or established by suit or that have been rejected and may yet be established;(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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.253 (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 356.253. Citation

Sec. 356.253.  CITATION.  On the filing of an application and exhibit described by Section 356.252, the clerk shall issue a citation to all persons interested in the estate.  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 356.254 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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.254 (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 356.254. Opposition to Sale

Sec. 356.254.  OPPOSITION TO SALE.  During the period prescribed in a citation issued under Section 356.253, any person interested in the estate may file:(1)  a written opposition to the sale; or(2)  an application for the sale of other estate property.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|