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Chapter 8

Form 8-22

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

Order for Sale of Real Property

On [date] the Court considered the Application for Sale of Real Property. The Court finds as follows:

1.Citation has been issued and served as required by law, and no one contested the application.

2.The application was accompanied by an exhibit, verified by affidavit, showing the condition of the estate, and the application and exhibit meet the requirements of section 1158.252 of the Texas Estates Code.

3.A legal description of the real property to be sold is contained in Exhibit A attached to the application and is made a part of this order.

4.The general bond of [name of applicant] [is sufficient/is insufficient as required by law and should be increased to $[amount]/should be decreased to $[amount]].

5.The sale sought in the foregoing application is necessary and advisable in order to: [specify the reason that authorizes sale of real property under section 1158.251 of the Estates Code].

6.The application should be granted and the property should be sold at a [private sale/public auction].

IT IS THEREFORE ORDERED that the real property described in Exhibit A attached to the application be sold at a [private sale/public auction] for cash or such other terms as are permitted by law.

IT IS FURTHER ORDERED that [no additional bond is required of [name of appli­cant] at this time/[name of applicant]’s bond should be increased to $[amount]/[name of appli­cant]’s bond should be decreased to $[amount]] and that after the sale has been made, a report of sale be returned as required by law.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

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