Application for Sale of Real Property Law and Legal Definition

An application can be made to the court for an order to sell real property for the following:

1. sale of real property of a ward; and,

2. sale of real property of a deceased person.

In case of a deceased person, an application to sell real property of the estate may be made to the court, when it is necessary or advisable to pay expenses of administration, funeral expenses, medical expenses, allowances and claims, or dispose of any interest in the property of the deceased.

In case of a ward, an application to the court for an order to sell real property can be made for the following purposes:

1. paying off expenses of administration, allowances, claims, funeral expenses, medical expenses if guardianship exists even after the death of the ward;

2. making up the deficiency to pay for the education and maintenance or for paying debts against estate of the ward;

3. disposing of any interest in property of the ward;

4. disposing of any part which is nonproductive and that only sale would be in best interest of the estate; or

5. conserving the estate by selling mineral interest or royalties on minerals in place possessed by the ward.

The Section as it appears in the Texas Probate Code:

[Texas Probate Code, Chapter VIII, Proceedings During Administration, Part 5 Sales]

§ 341. Application for Sale of Real Estate

Application may be made to the court for an order to sell property of the estate when it appears necessary or advisable in order to:

(1) Pay expenses of administration, funeral expenses and expenses of last sickness of decedents, and allowances and claims against the estates of decedents.

(2) Dispose of any interest in real property of the estate of a decedent, when it is deemed to the best interest of the estate to sell such interest.

The Section as it appears in the Texas Probate Code:

[Texas Probate Code, Chapter XIII, Guardianship, Part 4, Administration of Guardianship, Subpar]

§ 820. Application for Sale of Real Estate

An application may be made to the court for an order to sell real property of the estate when it appears necessary or advisable in order to:

(1) pay expenses of administration, allowances, and claims against the ward or the ward's estate, and to pay funeral expenses of the ward and expenses of the ward's last illness, if the guardianship is kept open after the death of the ward;

(2) make up the deficiency when the income of a ward's estate, the personal property of the ward's 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 in whole or in part of an undivided interest in real estate when it is deemed 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, when the improvement of the real estate with a view to making it productive is not deemed advantageous or advisable and it appears that the sale of the real estate and the investment of the money derived from the sale of the real estate would be in the best interests of the estate; or

(5) conserve the estate of a ward by selling mineral interest or royalties on minerals in place owned by a ward.