[Caption. See § 3 of the Introduction in this manual.]
Order for Sale of Personal Property
On [date] the Court considered the Application for Sale of Personal Property according to section 1158.101 of the Texas Estates Code filed by [name of applicant], Applicant, guardian of the estate of [name of ward], Ward, an incapacitated person. After considering the application this 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 a verified Exhibit [exhibit number/letter] showing the condition of the estate, and the application and exhibit meet the requirements of sections 1158.102 and 1158.252 of the Texas Estates Code.
3.A description of the personal property to be sold is contained in Exhibit [exhibit number/letter] attached to the application and is made a part of this order.
4.The general bond of Applicant [is sufficient/is insufficient as required by law and should be increased to the amount of $[amount]/should be decreased to $[amount]].
5.The property to be sold is not required to be sold under section 1158.051 Texas Estates Code, is not exempt property of Ward, and the sale is necessary and advisable in order to [specify the reason under section 1158.101 that the sale is authorized].
6.The application should be granted, and the property should be sold at a [private sale/public auction].
IT IS THEREFORE ORDERED that the personal property described in Exhibit [exhibit number/letter] attached to the application be sold at a [private/public] sale for cash or other terms as are permitted by law.
IT IS FURTHER ORDERED that [no additional bond be required of [name of applicant] at this time/[name of applicant]’s bond be increased to $[amount]/[name of applicant]’s bond be decreased to $[amount]], and that after the sale has been made, a report of sale be returned in the manner required by law.
SIGNED on ________________________________.
JUDGE PRESIDING
APPROVED AS TO FORM:
[Name]
Attorney for Applicant
State Bar No.:
[Email address]
[Address]
[Telephone]
[Telecopier]