Form 8-21

[Caption. See § 3 of the Introduction in this manual.]

Application for Sale of Real Property

[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an inca­pacitated person, files this Application for Sale of Real Property belonging to Ward’s estate and shows in support:

1.The inventory, appraisement, and list of claims of this estate was approved by this Court on [date].

2.The present bond of Applicant is $[amount] and was approved by this Court on [date].

3.Exhibit A, attached to this application, contains the legal description of the prop­erty sought to be sold. This sale consists of Ward’s [specify] interest in the above-described real property.

4.This application is accompanied with attached Exhibit B, verified by affidavit, showing fully and in detail the condition of this estate and containing all other information required by section 1158.252 of the Texas Estates Code.

5.It is necessary and advisable to sell the estate’s interest in the property in order to [specify one or more of the reasons authorized in Estates Code section 1158.251].

6.It would be in the best interest of this estate for the property to be sold at

a private sale for cash or such other terms as may be authorized by law.

a public auction in compliance with the terms and provisions of sections 1158.401–.405 of the Texas Estates Code.

Applicant requests that citation be issued as required by law and that, after a hearing on this application, the Court enter an order authorizing Applicant to sell the real property at a [private sale/public auction] on the terms requested or as may be authorized by law.

Respectfully submitted,

   
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]

Exhibit A
Legal Description of Real Property

The following is the legal description of the real property covered by the foregoing Application for Sale of Real Property: [describe property to match description in inventory].

Exhibit B

This affidavit of the estate’s condition can also be used with only minor modifications as an attach­ment to the application for the sale of personal property under Tex. Est. Code § 1158.051.

Verified Exhibit Showing Condition of Estate

State of Texas)

County of)

[Name of applicant] personally appeared before me today and stated under oath:

“My name is [name]. I am competent to make this affidavit. The facts stated in this affi­davit are within my personal knowledge and are true and correct.

“I am the duly appointed and qualified guardian of the estate of [name of ward], an incapacitated person, and in support of the Application for Sale of Real Property, submit this exhibit to the Court to show fully and in detail the condition of the estate since the [inventory/last annual account] was approved on [date].

Charges and Claims

“The following are all of the charges and claims against the estate that have been approved or established by suit or have been rejected but may yet be established.

Expenses Incurred Since [Inventory/Last Annual Account]

“The following are all of the expenses that have been incurred by the estate since the [inventory/last annual account].

Property Remaining on Hand

“The following is a full and complete list of all property owned by the estate still remaining on hand and liable for the payment of the above charges, expenses, and claims:

“This sale is sought in the foregoing application in order to [specify the reason under Texas Estates Code section 1158.251 that requires this property be sold], and this sale of real property is in Ward’s best interests.”

   
Affiant

SIGNED under oath before me on ______________________________.

   
Notary Public, State of Texas