Tex. Est. Code Section 353.056
Sale of Property to Raise Funds for Allowance in Lieu of Exempt Property

(a)

On the written application of the decedent’s surviving spouse and children, or of a person authorized to represent any of those children, the court shall order the sale of estate property for cash in an amount that will be sufficient to raise the amount of the allowance provided under Section 353.053 (Allowance in Lieu of Exempt Property) or a portion of that amount, as necessary, if:

(1)

the decedent had no property that the surviving spouse or children are willing to take for the allowance or the decedent had insufficient property; and

(2)

there are not sufficient estate funds in the executor’s or administrator’s possession to pay the amount of the allowance or a portion of that amount, as applicable.

(b)

Property specifically devised to another may be sold to raise cash as provided by Subsection (a) only if other available property is insufficient to pay the allowance.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.06, eff. January 1, 2014.

Source: Section 353.056 — Sale of Property to Raise Funds for Allowance in Lieu of Exempt Property, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­353.­htm#353.­056 (accessed May 11, 2024).

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Accessed:
May 11, 2024

§ 353.056’s source at texas​.gov