reglab/housing_qa huggingface dataset:
TX Est Code § 356.557 (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 356.557. Deed

Sec. 356.557.  DEED.  Real estate of an estate that is sold shall be conveyed by a proper deed that refers to and identifies the court order approving the sale.  The deed:(1)  vests in the purchaser all right and title of the estate to, and all interest of the estate in, the property; and(2)  is prima facie evidence that the sale has met all applicable requirements of the 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. 38, eff. September 1, 2019.|
TX Est Code § 356.558 (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 356.558. Delivery of Deed

Sec. 356.558.  DELIVERY OF DEED.  (a)  After the court has approved a sale and the purchaser has complied with the terms of the sale, the personal representative of the estate shall promptly execute and deliver to the purchaser a proper deed conveying the property.(b)  If the sale is made partly on credit:(1)  the vendor's lien securing one or more purchase money notes must be expressly retained in the deed and may not be waived; and(2)  before actual delivery of the deed to the purchaser, the purchaser shall execute and deliver to the personal representative of the estate one or more vendor's lien notes, with or without personal sureties as ordered by the court, and a deed of trust or mortgage on the property as additional security for the payment of the notes.(c)  On completion of the transaction, the personal representative of the estate shall promptly file or cause to be filed and recorded the deed of trust or mortgage in the appropriate records in the county in which the land 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. 39, eff. September 1, 2019.|
TX Est Code § 356.559 (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 356.559. Damages; Removal

Sec. 356.559.  DAMAGES; REMOVAL.  (a)  If the personal representative of an estate neglects to comply with Section 356.558, including to file the deed of trust securing a lien in the proper county, the representative and the sureties on the representative's bond shall, after complaint and citation, be held liable for the use of the estate and for all damages resulting from the representative's neglect, and the court may remove the representative.(b)  Damages under this section may be recovered in any court of competent jurisdiction.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.601 (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 M. Procedure on Failure to Apply for Sale|Section 356.601. Failure to Apply for Sale

Sec. 356.601.  FAILURE TO APPLY FOR SALE.  If the personal representative of an estate neglects to apply for an order to sell sufficient estate property to pay charges and claims against the estate that have been allowed and approved or established by suit, any interested person, on written application, may have the representative cited to appear and make a full exhibit of the estate's condition and show cause why a sale of the property should not be ordered.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.602 (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 M. Procedure on Failure to Apply for Sale|Section 356.602. Court Order

Sec. 356.602.  COURT ORDER.  On hearing an application under Section 356.601, if the court is satisfied that a sale of estate property is necessary or advisable to satisfy the charges and claims described by Section 356.601, the court shall enter an order of sale as provided by Section 356.256.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.651 (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 N. Purchase of Property by Personal Representative|Section 356.651. General Prohibition on Purchase

Sec. 356.651.  GENERAL PROHIBITION ON PURCHASE.  Except as otherwise provided by this subchapter, the personal representative of an estate may not purchase, directly or indirectly, any estate property sold by the representative or any co-representative 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 § 356.652 (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 N. Purchase of Property by Personal Representative|Section 356.652. Exception: Authorization in Will

Sec. 356.652.  EXCEPTION: AUTHORIZATION IN WILL.  A personal representative of an estate may purchase estate property if the representative was appointed in a will that:(1)  has been admitted to probate; and(2)  expressly authorizes the sale.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.653 (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 N. Purchase of Property by Personal Representative|Section 356.653. Exception: Executory Contract

Sec. 356.653.  EXCEPTION: EXECUTORY CONTRACT.  A personal representative of a decedent's estate may purchase estate property in compliance with the terms of a written executory contract signed by the decedent, including:(1)  a contract for deed;(2)  an earnest money contract;(3)  a buy/sell agreement; and(4)  a stock purchase or redemption agreement.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.654 (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 N. Purchase of Property by Personal Representative|Section 356.654. Exception: Best Interest of Estate

Sec. 356.654.  EXCEPTION: BEST INTEREST OF ESTATE.  (a)  Subject to Subsection (b), the personal representative of an estate, including an independent administrator, may purchase estate property on the court's determination that the sale is in the estate's best interest.(b)  Before purchasing estate property as authorized by Subsection (a), the personal representative shall give notice of the purchase by certified mail, return receipt requested, unless the court requires another form of notice, to:(1)  each distributee of the estate; and(2)  each creditor whose claim remains unsettled after being presented within six months of the date letters testamentary or of administration are originally granted.(c)  The court may require additional notice or allow for the waiver of the notice required for a sale made under this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 356.655 (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 N. Purchase of Property by Personal Representative|Section 356.655. Purchase in Violation of Subchapter

Sec. 356.655.  PURCHASE IN VIOLATION OF SUBCHAPTER.  (a)  If a personal representative of an estate purchases estate property in violation of this subchapter, any person interested in the estate may file a written complaint with the court in which the proceedings are pending.(b)  On service of citation on the personal representative on a complaint filed under Subsection (a) and after hearing and proof, the court shall:(1)  declare the sale void;(2)  set aside the sale; and(3)  order the reconveyance of the property to the estate.(c)  The court shall adjudge against the personal representative all costs of the sale, protest, and suit found necessary.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 357.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter A. Rental and Return of Estate Property|Section 357.001. Renting Estate Property Without Court Order

Sec. 357.001.  RENTING ESTATE PROPERTY WITHOUT COURT ORDER.  (a)  The personal representative of an estate, without a court order, may rent any of the estate property for one year or less, at public auction or privately, as is considered to be in the best interest of the estate.(b)  On the sworn complaint of any person interested in the estate, the court shall require a personal representative who, without a court order, rents estate property to account to the estate for the reasonable value of the rent of the property, to be ascertained by the court on satisfactory evidence.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 357.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter A. Rental and Return of Estate Property|Section 357.002. Renting Estate Property With Court Order

Sec. 357.002.  RENTING ESTATE PROPERTY WITH COURT ORDER.  (a)  The personal representative of an estate may, if the representative prefers, and shall, if the proposed rental period is more than one year, file a written application with the court setting forth the property the representative seeks to rent.(b)  If the court finds that granting an application filed under Subsection (a) is in the interest of the estate, the court shall grant the application and issue an order that:(1)  describes the property to be rented; and(2)  states whether the property will be rented at public auction or privately, whether for cash or on credit, and if on credit, the extent of the credit and the period for which the property may be rented.(c)  If, under Subsection (b), the court orders property to be rented at public auction, the court shall prescribe whether notice of the auction shall be published or posted.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.016, eff. January 1, 2014.|
TX Est Code § 357.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter A. Rental and Return of Estate Property|Section 357.003. Estate Property Rented on Credit

Sec. 357.003.  ESTATE PROPERTY RENTED ON CREDIT.  Possession of estate property rented on credit may not be delivered until the renter executes and delivers to the personal representative a note with good personal security for the amount of the rent.  If the property is delivered without the representative receiving the required security, the representative and the sureties on the representative's bond are liable for the full amount of the rent.  When a rental is payable in installments, in advance of the period to which the installments relate, this section does not apply.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 357.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter A. Rental and Return of Estate Property|Section 357.004. Condition of Returned Estate Property

Sec. 357.004.  CONDITION OF RETURNED ESTATE PROPERTY.  (a)  Estate property that is rented, with or without a court order, must be returned to the estate's possession in as good a condition, except for reasonable wear and tear, as when the property was rented.(b)  The personal representative of an estate shall:(1)  ensure that rented estate property is returned in the condition required by Subsection (a);(2)  report to the court any damage to, or loss or destruction of, the property; and(3)  ask the court for the authority to take any necessary action.(c)  A personal representative who fails to act as required by this section and the sureties on the representative's bond are liable to the estate for any loss or damage suffered as a result of the representative's failure.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 357.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter A. Rental and Return of Estate Property|Section 357.005. Complaint for Failure to Rent

Sec. 357.005.  COMPLAINT FOR FAILURE TO RENT.  (a)  Any person interested in an estate may:(1)  file a written and sworn complaint in the court in which the estate is pending; and(2)  have the personal representative cited to appear and show cause why the representative did not rent any estate property.(b)  The court, on hearing the complaint, shall issue an order that appears to be in the best interest 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 § 357.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter B. Report on Rented Estate Property|Section 357.051. Reports Concerning Rentals

Sec. 357.051.  REPORTS CONCERNING RENTALS.  (a)  A personal representative of an estate who rents estate property with an appraised value of $3,000 or more shall, not later than the 30th day after the date the property is rented, file with the court a sworn and written report stating:(1)  the property rented and the property's appraised value;(2)  the date the property was rented and whether the rental occurred at public auction or privately;(3)  the name of each person renting the property;(4)  the rental amount; and(5)  whether the rental was for cash or on credit and, if on credit, the length of time, the terms, and the security received for the credit.(b)  A personal representative of an estate who rents estate property with an appraised value of less than $3,000 may report the rental in the next annual or final account that must be filed as required by law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 357.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 357 - Renting Estate Property|Subchapter B. Report on Rented Estate Property|Section 357.052. Court Action on Report

Sec. 357.052.  COURT ACTION ON REPORT.  (a)  At any time after the fifth day after the date the report of renting is filed, the court shall:(1)  examine the report; and(2)  by order approve and confirm the report if found just and reasonable.(b)  If the court disapproves the report, the estate is not bound and the court may order another offering for rent of the property that is the subject of the report, in the same manner and subject to the provisions of this chapter.(c)  If the court approves the report and it later appears that, by reason of any fault of the personal representative, the property was not rented for the property's reasonable value, the court shall have the representative and the sureties on the representative's bond appear and show cause why the reasonable value of the rent of the property should not be adjudged against the representative.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter A. General Provisions|Section 358.001. Definitions

Sec. 358.001.  DEFINITIONS.  In this chapter:(1)  "Gas" includes all liquid hydrocarbons in the gaseous phase in the reservoir.(2)  "Land" and "interest in land" include minerals or an interest in minerals in place.(3)  "Mineral development" includes exploration for, whether by geophysical or other means, drilling for, mining for, development of, operations in connection with, production of, and saving of oil, other liquid hydrocarbons, gas, gaseous elements, sulphur, metals, and all other minerals, whether solid or otherwise.(4)  "Property" includes land, minerals in place, whether solid, liquid, or gaseous, and an interest of any kind in that property, including a royalty interest, owned by an estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.051. Authorization for Leasing of Minerals

Sec. 358.051.  AUTHORIZATION FOR LEASING OF MINERALS.  (a)  The court in which probate proceedings on a decedent's estate are pending may authorize the personal representative of the estate, appointed and qualified under the laws of this state and acting solely under court orders, to make, execute, and deliver a lease, with or without a unitization clause or pooling provision, providing for the exploration for and development and production of oil, other liquid hydrocarbons, gas, metals and other solid minerals, and other minerals, or any of those minerals in place, belonging to the estate.(b)  A lease described by Subsection (a) must be made and entered into under and in conformity with this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.052. Lease Application

Sec. 358.052.  LEASE APPLICATION.  (a)  The personal representative of an estate shall file with the county clerk of the county in which the probate proceeding is pending a written application, addressed to the court or the judge of the court, for authority to lease estate property for mineral exploration and development, with or without a pooling provision or unitization clause.(b)  The lease application must:(1)  describe the property fully by reference to the amount of acreage, the survey name or number, or the abstract number, or by another method adequately identifying the property and the property's location in the county in which the property is situated;(2)  specify the interest thought to be owned by the estate, if less than the whole, but requesting authority to include all of the interest owned by the estate, if that is the intention; and(3)  set out the reasons the estate property described in the application should be leased.(c)  The lease application is not required to set out or suggest:(1)  the name of any proposed lessee; or(2)  the terms, provisions, or form of any desired lease.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.053. Scheduling of Hearing on Application; Continuance

Sec. 358.053.  SCHEDULING OF HEARING ON APPLICATION; CONTINUANCE.  (a)  Immediately after the filing of a lease application under Section 358.052, the county clerk shall call the filing of the application to the court's attention, and the judge shall promptly make and enter a brief order designating the time and place for hearing the application.(b)  If the hearing is not held at the time originally designated by the court or by a timely continuance order entered, the hearing shall be continued automatically without further notice to the same time on the following day, other than Sundays and holidays on which the county courthouse is officially closed, and from day to day until the lease application is finally acted on and disposed of by court order.  Notice of an automatic continuance is not required.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.054. Notice of Hearing on Application

Sec. 358.054.  NOTICE OF HEARING ON APPLICATION.  (a)  At least 10 days before the date set for the hearing on a lease application filed under Section 358.052, excluding the date of notice and the date set for the hearing, the personal representative shall give notice of the hearing by:(1)  publishing the notice in one issue of a newspaper of general circulation in the county in which the proceeding is pending; or(2)  if there is no newspaper described by Subdivision (1), posting the notice or having the notice posted.(b)  If notice is published, the date of notice is the date printed on the newspaper.(c)  The notice must:(1)  be dated;(2)  be directed to all persons interested in the estate;(3)  state the date on which the lease application was filed;(4)  describe briefly the property sought to be leased, specifying the fractional interest sought to be leased if less than the entire interest in the tract or tracts identified; and(5)  state the time and place designated by the judge for the hearing.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 358.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 358 - Matters Relating to Mineral Properties|Subchapter B. Mineral Leases After Public Notice|Section 358.055. Requirements Regarding Order and Notice Mandatory

Sec. 358.055.  REQUIREMENTS REGARDING ORDER AND NOTICE MANDATORY.  An order of the judge or court authorizing any act to be performed under a lease application filed under Section 358.052 is void in the absence of:(1)  a written order originally designating a time and place for hearing;(2)  a notice issued by the personal representative of the estate in compliance with the order described by Subdivision (1); and(3)  proof of the publication or posting of the notice as required under Section 358.054.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|