Sec. 1158.401. REQUIRED NOTICE. (a) A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 1158.403(c), the guardian of the estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations. The notice must:
(1) include a reference to the order of sale;
(2) include the time, place, and required terms of sale; and
(3) briefly describe the real estate to be sold.
(b) The reference described by Subsection (a)(1) is not required to contain field notes, but if the real estate to be sold is rural property, the reference must include:
(1) the name of the original survey of the real estate;
(2) the number of acres the real estate consists of;
(3) the location of the real estate in the county; and
(4) the name by which the real estate is generally known.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 37, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle E - Administration of Guardianship
Chapter 1158 - Sale or Partition of Ward's Property
Subchapter I. Sale of Real Estate: Public Auction
Section 1158.401. Required Notice
Section 1158.402. Completion of Auction
Section 1158.403. Time and Place of Auction