Texas § 356.401 METHOD OF SALE; REQUIRED NOTICE.

Texas Statutes

§ 356.401 — METHOD OF SALE; REQUIRED NOTICE.

Texas § 356.401

Code ESEstates Code

This text of Texas § 356.401 (METHOD OF SALE; REQUIRED NOTICE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 356.401 (2026).

Text

Sec. 356.401. METHOD OF SALE; REQUIRED NOTICE.

(a)A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 356.403 (c), the personal representative of an estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations. The notice must:

(1)include a reference to the order of sale;

(2)include the time, place, and required terms of sale; and

(3)briefly describe the real estate to be sold.

(b)The notice required by Subsection (a) is not required to contain field notes, but if the real estate to be sold is rural property, the notice must include:

(1)the name of the original survey of the real es

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Sec. 356.401. METHOD OF SALE; REQUIRED NOTICE. (a) A public sale of real estate of an estate shall be made at public auction. Except as otherwise provided by Section 356.403 (c), the personal representative of an estate shall advertise a public auction of real estate of the estate by a notice published in the county in which the estate is pending, as provided by this title for publication of notices or citations. The notice must:
(1) include a reference to the order of sale;
(2) include the time, place, and required terms of sale; and
(3) briefly describe the real estate to be sold.
(b) The notice required by Subsection (a) is not required to contain field notes, but if the real estate to be sold is rural property, the notice must include:
(1) the name of the original survey of the real estate;
(2) the number of acres comprising the real estate;
(3) the location of the real estate in the county; and
(4) any name by which the real estate is generally known.

Legislative History

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. 30, eff. September 1, 2019.