reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.102. Payment of Unauthenticated Claim

Sec. 1157.102.  PAYMENT OF UNAUTHENTICATED CLAIM.  (a)  Subject to Subsection (b), a guardian of the estate may pay an unauthenticated claim against the ward's estate if the guardian believes the claim to be just.
(b)  A guardian who pays a claim under Subsection (a) and the sureties on the guardian's bond are liable for the amount of any payment of the claim if the court finds that the claim is not just.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.103. Priority of Payment of Claims

Sec. 1157.103.  PRIORITY OF PAYMENT OF CLAIMS.  (a)  Except as provided by Subsection (b), the guardian of the estate shall pay a claim against the ward's estate that has been allowed and approved or established by suit, as soon as practicable and in the following order:
(1)  expenses for the care, maintenance, and education of the ward or the ward's dependents;
(2)  funeral expenses of the ward and expenses of the ward's last illness, if the guardianship is kept open after the ward's death as provided under this title, except that any claim against the ward's estate that has been allowed and approved or established by suit before the ward's death shall be paid before the funeral expenses and expenses of the last illness;
(3)  expenses of administration; and
(4)  other claims against the ward or the ward's estate.
(b)  If the estate is insolvent, the guardian shall give first priority to the payment of a claim relating to the administration of the guardianship.  The guardian shall pay other claims against the ward's estate in the order prescribed by Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.104. Payment of Proceeds From Sale of Property Securing Debt

Sec. 1157.104.  PAYMENT OF PROCEEDS FROM SALE OF PROPERTY SECURING DEBT.  (a)  If a guardian of the estate has on hand the proceeds of a sale made to satisfy a mortgage or other lien and the proceeds or any part of the proceeds are not required for the payment of any debts against the estate that have a preference over the mortgage or other lien, the guardian shall pay the proceeds to a holder of the mortgage or other lien.
(b)  If the guardian fails to pay the proceeds as required by this section, the holder of a mortgage or other lien, on proof of the mortgage or other lien, may obtain an order from the court directing the payment of proceeds to be made.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.105. Claimant's Petition for Allowance and Payment of Claim

Sec. 1157.105.  CLAIMANT'S PETITION FOR ALLOWANCE AND PAYMENT OF CLAIM.  A claimant whose claim has not been paid may:
(1)  petition the court for determination of the claim at any time before the claim is barred by an applicable statute of limitations; and
(2)  procure on due proof an order for the claim's allowance and payment from the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.106. Payment When Assets Insufficient to Pay Certain Claims

Sec. 1157.106.  PAYMENT WHEN ASSETS INSUFFICIENT TO PAY CERTAIN CLAIMS.  (a)  If there are insufficient assets to pay all claims of the same class, the claims in that class shall be paid pro rata, as directed by the court, and in the order directed.
(b)  A guardian of the estate may not be allowed to pay any claims other than with the pro rata amount of the estate funds that have come into the guardian's possession, regardless of whether the estate is solvent or insolvent.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.107. Payment of Court Costs Relating to Claim

Sec. 1157.107.  PAYMENT OF COURT COSTS RELATING TO CLAIM.  All costs incurred in the probate court with respect to a claim are taxed as follows:
(1)  if the claim is allowed and approved, the guardianship estate shall pay the costs;
(2)  if the claim is allowed but disapproved, the claimant shall pay the costs;
(3)  if the claim is rejected but established by suit, the guardianship estate shall pay the costs;
(4)  if the claim is rejected but not established by suit, the claimant shall pay the costs; or
(5)  in a suit to establish the claim after the claim is rejected in part, if the claimant fails to recover judgment for a greater amount than was allowed or approved for the claim, the claimant shall pay all costs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter C. Payment of Claims, Allowances, and Expenses › Section 1157.108. Liability for Nonpayment of Claim

Sec. 1157.108.  LIABILITY FOR NONPAYMENT OF CLAIM.  (a)  A person or claimant, except the state treasury, entitled to payment from a guardianship estate of money the court orders to be paid is authorized to have execution issued against the property of the guardianship for the amount due, with interest and costs, if:
(1)  a guardian of the estate fails to pay the money on demand;
(2)  guardianship estate funds are available to make the payment; and
(3)  the person or claimant makes an affidavit of the demand for payment and the guardian's failure to pay.
(b)  The court may cite the guardian and the sureties on the guardian's bond to show cause why the guardian or sureties should not be held liable for the debt, interest, costs, or damages:
(1)  on return of the execution under Subsection (a) not satisfied; or
(2)  on the affidavit of demand and failure to pay under Subsection (a).
(c)  On the return of citation served under Subsection (b), the court shall render judgment against the cited guardian and sureties, in favor of the claim holder, if good cause why the guardian and sureties should not be held liable is not shown.  The judgment must be for:
(1)  the unpaid amount ordered to be paid or established by suit, with interest and costs; and
(2)  damages on the amount neglected to be paid at the rate of five percent per month for each month, or fraction of a month, that the payment was neglected to be paid after demand for payment was made.
(d)  Damages ordered under Subsection (c)(2) may be collected in any court of competent jurisdiction.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter D. Presentment and Payment of Secured Claims › Section 1157.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien

Sec. 1157.151.  OPTION TO TREAT CLAIM AS MATURED SECURED CLAIM OR PREFERRED DEBT AND LIEN.  (a)  If a secured claim against a ward is presented, the claimant shall specify in the claim, in addition to all other matters required to be specified in the claim, whether the claim shall be:
(1)  allowed and approved as a matured secured claim to be paid in due course of administration, in which case the claim shall be paid in that manner if allowed and approved; or
(2)  allowed, approved, and fixed as a preferred debt and lien against the specific property securing the indebtedness and paid according to the terms of the contract that secured the lien, in which case the claim shall be so allowed and approved if it is a valid lien.
(b)  Notwithstanding Subsection (a)(2), the guardian of the estate may pay a claim that the claimant specified as a claim to be allowed, approved, and fixed as a preferred debt and lien as described by Subsection (a)(2) before maturity if that payment is in the best interests of the estate.
(c)  If a secured claim is not presented within the time provided by law, the claim shall be treated as a claim to be paid in accordance with Subsection (a)(2).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter D. Presentment and Payment of Secured Claims › Section 1157.152. Preferred Debt and Lien

Sec. 1157.152.  PREFERRED DEBT AND LIEN.  When a claim for a debt has been allowed and approved under Section 1157.151(a)(2):
(1)  a further claim for the debt may not be made against other estate assets;
(2)  the claim remains a preferred lien against the property securing the claim; and
(3)  the property remains security for the debt in any distribution or sale of the property before final maturity and payment of the debt.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter D. Presentment and Payment of Secured Claims › Section 1157.153. Payment of Maturities on Preferred Debt and Lien

Sec. 1157.153.  PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN.  (a)  If, not later than the 12th month after the date letters of guardianship are granted, the property securing a debt for which a claim is allowed, approved, and fixed under Section 1157.151(a)(2) is not sold or distributed, the guardian of the estate shall:
(1)  promptly pay all maturities that have accrued on the debt according to the terms of the maturities; and
(2)  perform all the terms of any contract securing the maturities.
(b)  If the guardian defaults in payment or performance under Subsection (a):
(1)  on the motion of the claim holder, the court shall require the sale of the property subject to the unmatured part of the debt and apply the proceeds of the sale to the liquidation of the maturities; or
(2)  at the claim holder's option, a motion may be made in the same manner as a motion under Subdivision (1) to require the sale of the property free of the lien and apply the proceeds to the payment of the whole debt.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter E. Claims Involving Guardians › Section 1157.201. Claim by Guardian

Sec. 1157.201.  CLAIM BY GUARDIAN.  (a)  A claim that a guardian of the person or estate held against the ward at the time of the guardian's appointment, or that accrues after the appointment, shall be verified by affidavit as required in other cases and presented to the clerk of the court in which the guardianship is pending.  The clerk shall enter the claim on the claim docket and the claim shall take the same course as other claims.
(b)  A claim by a guardian 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.
(c)  An appeal from a judgment of the court acting on a claim under this section may be taken as in other cases.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 3 - Guardianship and Related Procedures › Subtitle E - Administration of Guardianship › Chapter 1157 - Presentment and Payment of Claims › Subchapter E. Claims Involving Guardians › Section 1157.202. Purchase of Claim by Guardian Prohibited

Sec. 1157.202.  PURCHASE OF CLAIM BY GUARDIAN PROHIBITED.  (a)  A guardian may not purchase, for the guardian's own use or for any other purpose, a claim against the guardianship the guardian represents.
(b)  On written complaint by a person interested in the guardianship estate and on satisfactory proof of a violation of Subsection (a), the court after citation and hearing shall enter an order canceling the claim described by Subsection (a). No part of the canceled claim may be paid out of the guardianship.
(c)  The court may remove a guardian for a violation of this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 A. General Provisions › Section 1158.001. Court Order Authorizing Sale

Sec. 1158.001.  COURT ORDER AUTHORIZING SALE.  (a)  Except as provided by this chapter, any property of a ward may not be sold without a court order authorizing the sale.
(b)  Except as otherwise specifically provided by this title, the court may order property of a ward 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 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 1158.352. Application and Order for Reconveyance

Sec. 1158.352.  APPLICATION AND ORDER FOR RECONVEYANCE.  On proper application and proof, the court may dispense with the requirements for a credit sale prescribed by Section 1158.302 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 interests.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 1158.353. Exchange for Bonds

Sec. 1158.353.  EXCHANGE FOR BONDS.  (a)  If a court orders the reconveyance of foreclosed real estate under Section 1158.352, 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 1158.352(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 guardian to endorse and assign the reserved vendor's lien notes over to any one of the corporations or agencies described by Section 1158.352(1) in exchange for bonds of that corporation or agency.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 I. Sale of Real Estate: Public Auction › Section 1158.401. Required Notice

Sec. 1158.401.  REQUIRED NOTICE.  (a)  A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 1158.403(c), the guardian of the 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 reference described by Subsection (a)(1) is not required to contain field notes, but if the real estate to be sold is rural property, the reference must include:
(1)  the name of the original survey of the real estate;
(2)  the number of acres the real estate consists of;
(3)  the location of the real estate in the county; and
(4)  the name by which the real estate is generally known.
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. 37, eff. September 1, 2021.
2023 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 I. Sale of Real Estate: Public Auction › Section 1158.402. Completion of Auction

Sec. 1158.402.  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 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. 38, eff. September 1, 2021.
2023 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 I. Sale of Real Estate: Public Auction › Section 1158.403. Time and Place of Auction

Sec. 1158.403.  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 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. 39, eff. September 1, 2021.
2023 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 I. Sale of Real Estate: Public Auction › Section 1158.404. Continuance of Auction

Sec. 1158.404.  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 1158.403(b).
(c)  The continuance of an auction under this section shall be shown in the report made to the court under Section 1158.551.
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. 40, eff. September 1, 2021.
2023 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 I. Sale of Real Estate: Public Auction › Section 1158.405. Failure of Bidder to Comply

Sec. 1158.405.  FAILURE OF BIDDER TO COMPLY.  (a)  If a person who successfully bids on real estate of the guardianship estate offered at public auction 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 guardian 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 guardian shall recover the amounts under Subsection (b) by suit in any court in the county in which the auction was held that has jurisdiction over the amount claimed.
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. 41, eff. September 1, 2021.
2023 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 J. Sale of Real Estate: Contract for Private Sale › Section 1158.451. Terms of Sale

Sec. 1158.451.  TERMS OF SALE.  The guardian of the 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 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. 43, eff. September 1, 2021.
2023 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 K. Sale of Easement or Right-of-Way › Section 1158.501. Authorization

Sec. 1158.501.  AUTHORIZATION.  The guardian may sell and convey easements and rights-of-way on, under, and over the land of a guardianship estate that is being administered under court order, regardless of whether the sale proceeds are required to pay charges or claims against the estate, or for other lawful purposes.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
2023 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 K. Sale of Easement or Right-of-Way › Section 1158.502. Procedure

Sec. 1158.502.  PROCEDURE.  The procedure for the sale of an easement or right-of-way authorized under Section 1158.501 is the same as the procedure provided by law for a private sale of real property of a ward by contract.
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. 44, eff. September 1, 2021.