Tex. Est. Code Section 356.256
Order


(a)

The court shall order the sale of the estate property described in an application for an 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 personal representative was not required to give a general bond, that the court, after examining the general bond given by the representative, 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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 356.256 — Order, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­356.­htm#356.­256 (accessed May 18, 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

Accessed:
May 18, 2024

§ 356.256’s source at texas​.gov