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Chapter 8

Form 8-25

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

Application for Sale of Perishable Personal Property

[Name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an inca­pacitated person, files this Application for Sale of Perishable Personal Property according to section 1158.051 of the Texas Estates Code and shows in support:

1.The present condition of the estate is as shown on the Inventory, Appraisement, and List of Claims filed with this Court on [date] and approved by this Court on [date].

2.Applicant deems it to be in the best interests of Ward’s estate to sell [property description] and requests authority to do so.

3.The total value of the property at the time of Applicant’s qualification was $[amount]. The value of the property as of [date] is approximately $[amount].

Select one of the following.

4.Applicant believes that a high risk exists for the property to depreciate in value or perish. Applicant believes it is advisable to sell the property and to invest the proceeds from the sale.

Or

4.Since Applicant’s appointment, the market value of the property has increased and the estate would benefit by realizing these gains before any market correction.

Continue with the following.

 

5.Applicant is of the opinion that it is in the best interest of the estate for the prop­erty to be sold at a [private sale/public auction] for cash and the cash proceeds be invested as authorized by the Texas Estates Code.

Applicant prays that [he/she] be authorized to sell the above-described property at [pri­vate sale/public auction] for cash and for all further relief to which Applicant may be entitled.

Respectfully submitted,

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