Texas § 401.006 GRANTING POWER OF SALE BY AGREEMENT.

Texas Statutes

§ 401.006 — GRANTING POWER OF SALE BY AGREEMENT.

Texas § 401.006

Code ESEstates Code

This text of Texas § 401.006 (GRANTING POWER OF SALE BY AGREEMENT.) 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. § 401.006 (2026).

Text

Sec. 401.006. GRANTING POWER OF SALE BY AGREEMENT. In a situation in which a decedent does not have a will, or a decedent's will does not contain language authorizing the personal representative to sell property or contains language that is not sufficient to grant the representative that authority, the court may include in an order appointing an independent executor any general or specific authority regarding the power of the independent executor to sell property that may be consented to by the distributees who are to receive any interest in the property in the application for independent administration or for the appointment of an independent executor or in their consents to the independent administration or to the appointment of an independent executor. The independent executor, in such 

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Sec. 401.006. GRANTING POWER OF SALE BY AGREEMENT. In a situation in which a decedent does not have a will, or a decedent's will does not contain language authorizing the personal representative to sell property or contains language that is not sufficient to grant the representative that authority, the court may include in an order appointing an independent executor any general or specific authority regarding the power of the independent executor to sell property that may be consented to by the distributees who are to receive any interest in the property in the application for independent administration or for the appointment of an independent executor or in their consents to the independent administration or to the appointment of an independent executor. The independent executor, in such event, may sell the property under the authority granted in the court order without the further consent of those distributees.

Legislative History

Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198 ), Sec. 2.53, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912 ), Sec. 52, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995 ), Sec. 43, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271 ), Sec. 32, eff. September 1, 2017.