Sec. 356.558. DELIVERY OF DEED. (a) After the court has approved a sale and the purchaser has complied with the terms of the sale, the personal representative of the estate shall promptly execute and deliver to the purchaser a proper deed conveying the property.
(b) If the sale is made partly on credit:
(1) the vendor's lien securing one or more purchase money notes must be expressly retained in the deed and may not be waived; and
(2) before actual delivery of the deed to the purchaser, the purchaser shall execute and deliver to the personal representative of the estate one or more vendor's lien notes, with or without personal sureties as ordered by the court, and a deed of trust or mortgage on the property as additional security for the payment of the notes.
(c) On completion of the transaction, the personal representative of the estate shall promptly file or cause to be filed and recorded the deed of trust or mortgage in the appropriate records in the county in which the land is located.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 39, eff. September 1, 2019.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 356 - Sale of Estate Property
Subchapter L. Approval of Sale of Real Property and Transfer of Title
Section 356.552. Action of Court on Report
Section 356.553. Approval of Sale When Bond Not Required
Section 356.554. Sufficiency of Bond
Section 356.555. Increased or Additional Bond Not Required
Section 356.556. Approval or Disapproval Order