Tex. Est. Code Section 356.051
Sale of Certain Personal Property Required

(a)

After approval of the inventory, appraisement, and list of claims, the personal representative of an estate 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 personal representative’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 (Common Trust Funds), Chapter 113 (Administration), Property Code, or Chapter 117 (Uniform Prudent Investor Act), Property Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 356.051 — Sale of Certain Personal Property Required, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­356.­htm#356.­051 (accessed Jun. 5, 2024).

356.001
Court Order Authorizing Sale 356.002
Sale Authorized by Will 356.051
Sale of Certain Personal Property Required 356.101
Order for Sale 356.102
Requirements for Application and Order 356.103
Sale at Public Auction 356.104
Sale on Credit 356.105
Report 356.151
Authority for Sale 356.152
Contents of Application 356.153
Grant of Application 356.154
Report 356.155
Commission Merchant Fees 356.201
Application for Sale of Mortgaged Property 356.202
Citation 356.203
Order 356.251
Application for Order of Sale 356.252
Contents of Application 356.253
Citation 356.254
Opposition to Sale 356.255
Hearing on Application and Any Opposition 356.256
Order 356.257
Sale for Payment of Debts 356.301
Permissible Terms 356.302
Sale on Credit 356.351
Applicability of Subchapter 356.352
Application and Order for Reconveyance 356.353
Exchange for Bonds 356.401
Method of Sale 356.402
Completion of Auction 356.403
Time and Place of Auction 356.404
Continuance of Auction 356.405
Failure of Bidder to Comply 356.451
Terms of Sale 356.501
Authorization 356.502
Procedure 356.551
Report 356.552
Action of Court on Report 356.553
Approval of Sale When Bond Not Required 356.554
Sufficiency of Bond 356.555
Increased or Additional Bond Not Required 356.556
Approval or Disapproval Order 356.557
Deed 356.558
Delivery of Deed 356.559
Damages 356.601
Failure to Apply for Sale 356.602
Court Order 356.651
General Prohibition on Purchase 356.652
Exception: Authorization in Will 356.653
Exception: Executory Contract 356.654
Exception: Best Interest of Estate 356.655
Purchase in Violation of Subchapter
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Accessed:
Jun. 5, 2024

§ 356.051’s source at texas​.gov