Tex. Est. Code Section 351.252
Application; Order


If necessary to borrow money for a purpose described by Section 351.251 (Mortgage or Pledge of Estate Property Authorized in Certain Circumstances) or to create or extend a lien on estate property as security, the personal representative of the estate shall file a sworn application for that authority with the court. The application must state fully and in detail the circumstances that the representative believes make the granting of the authority necessary.


On the filing of an application under Subsection (a), the clerk shall issue and have posted a citation to all interested persons, stating the nature of the application and requiring any interested person who chooses to do so to appear and show cause, if any, why the application should not be granted.


If satisfied by the evidence adduced at the hearing on an application filed under Subsection (a) that it is in the interest of the estate to borrow money or to extend and renew an existing lien, the court shall issue an order to that effect that sets out the terms of the authority granted under the order.


If a new lien is created on estate property, the court may require, for the protection of the estate and the creditors, that the personal representative’s general bond be increased or an additional bond given, as for the sale of real property belonging to the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 351.252 — Application; Order, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­351.­htm#351.­252 (accessed Nov. 25, 2023).

Nov. 25, 2023

§ 351.252’s source at texas​.gov