§ 358.052 — LEASE APPLICATION.

Texas § 358.052

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Sec. 358.052. LEASE APPLICATION. (a) The personal representative of an estate shall file with the county clerk of the county in which the probate proceeding is pending a written application, addressed to the court or the judge of the court, for authority to lease estate property for mineral exploration and development, with or without a pooling provision or unitization clause.
(b) The lease application must:
(1) describe the property fully by reference to the amount of acreage, the survey name or number, or the abstract number, or by another method adequately identifying the property and the property's location in the county in which the property is situated;
(2) specify the interest thought to be owned by the estate, if less than the whole, but requesting authority to include all of the interest owned by the estate, if that is the intention; and
(3) set out the reasons the estate property described in the application should be leased.
(c) The lease application is not required to set out or suggest:
(1) the name of any proposed lessee; or
(2) the terms, provisions, or form of any desired lease.

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014.