Tex. Est. Code Section 1158.256
Order


(a)

The court shall order the sale of the property of the estate described in an application under Section 1158.251 (Application for Order of Sale) if the court is satisfied that the sale is necessary or advisable. Otherwise, the court may deny the application and, if the court considers it best, may order the sale of other estate property the sale of which would be more advantageous to the estate.

(b)

An order for the sale of real estate under this section must specify:

(1)

the property to be sold, including a description that identifies that property;

(2)

whether the property is to be sold at public auction or private sale and, if at public auction, the time and place of the sale;

(3)

the necessity or advisability of, and the purpose of, the sale;

(4)

except in a case in which a 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.

Source: Section 1158.256 — Order, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1158.­htm#1158.­256 (accessed Jun. 5, 2024).

1158.001
Court Order Authorizing Sale
1158.051
Sale of Certain Personal Property Required
1158.101
Order for Sale
1158.102
Requirements for Application and Order
1158.103
Sale at Public Auction
1158.104
Sale on Credit
1158.105
Report
1158.151
Authority for Sale
1158.152
Contents of Application
1158.153
Grant of Application
1158.154
Report
1158.155
Commission Merchant Charges
1158.201
Application for Sale of Mortgaged Property
1158.202
Citation
1158.203
Order
1158.251
Application for Order of Sale
1158.252
Contents of Application
1158.253
Citation
1158.254
Opposition to Sale
1158.255
Hearing on Application and Any Opposition
1158.256
Order
1158.257
Sale for Payment of Debts
1158.301
Permissible Terms
1158.302
Sale on Credit
1158.351
Applicability of Subchapter
1158.352
Application and Order for Reconveyance
1158.353
Exchange for Bonds
1158.401
Required Notice
1158.402
Completion of Auction
1158.403
Time and Place of Auction
1158.404
Continuance of Auction
1158.405
Failure of Bidder to Comply
1158.451
Terms of Sale
1158.501
Authorization
1158.502
Procedure
1158.551
Report
1158.552
Action of Court on Report
1158.553
Approval of Sale When Bond Not Required
1158.554
Sufficiency of Bond
1158.555
Increased or Additional Bond Not Required
1158.556
Approval or Disapproval Order
1158.557
Deed
1158.558
Delivery of Deed
1158.559
Damages
1158.601
Failure to Apply for Sale
1158.602
Court Order
1158.651
General Prohibition on Purchase
1158.652
Exception: Executory Contract
1158.653
Exception: Best Interest of Estate
1158.654
Purchase in Violation of Subchapter
1158.701
Partition by Agreement
1158.702
Application for Approval of Partition Agreement
1158.703
Hearing
1158.704
Order
1158.705
Partition Without Court Approval
1158.706
Partition by Suit

Accessed:
Jun. 5, 2024

§ 1158.256’s source at texas​.gov