personal representative must manage property with the care that a prudent person would take of his...
TRANSCRIPT
Dealing With Estate Property
1. Manage Probate Assets
Personal representative must manage property with the care that a prudent person would take of his or her own property.▪ PC § 230▪ EC § 351.101
2. Sell Estate Property
PR may need to sell estate property to pay debts and expenses.
2. Sell Estate Property
Order of property sold▪ PC § 322B▪ EC § 355.109
1. Property passing by intestacy2. Residuary property (personal first,
then real)3. General bequests (personal first,
then real)4. Specific gifts of personal property5. Specific gifts of real property
2. Sell Estate Property
Court permission needed in most cases▪ PC § 331▪ EC § 356.001
2. Sell Estate Property
Avoid hassle of getting court permission by authorizing sales in the will▪ PC § 332▪ EC § 356.002
Freeman v. Tinsley – p. 141
Special rules for independent administrations▪ PC §§ 145A & 145C▪ EC § 401.006 & Chapter 402
2. Sell Estate Property
Avoid self-dealing (PR cannot purchase estate assets)▪ PC § 352▪ EC § 356.651
Exceptions▪ Express permission in will▪ Court permission if in best interest of estate▪ PC § 352▪ EC §§ 356.651-356.655
In re Estate of Hernandez – p. 144
3. Rent Estate Property
Without court permission ≤ 1 year Must be in best interest of the
estate▪ PC § 359▪ EC § 357.001
With court permission > 1 year▪ PC § 361▪ EC § 357.002
4. Mineral Property Authority
PC §§ 367-372
EC Chapter 358