Estates Code › Title 2 › Chapter 355 › Subchapter D

Texas Estates Code § 355.1551

Claim Holder Duty to Possess or Sell Within Reasonable Time

Presentment and Payment of Claims · Presentment and Payment of Secured Claims for Money

(a) A holder of a claim allowed and approved under Section 355.151(a)(2) who elects to take possession or sell the property securing the debt before final maturity in satisfaction of the holder's claim must do so within a reasonable time, as determined by the court.

(b) If the claim holder fails to take possession or sell secured property within the time determined by the court under Subsection (a), on application by the personal representative, the court may require the sale of the property free of the lien and apply the proceeds to the payment of the whole debt in full satisfaction of the claim.

(c) This section does not apply to an estate administered as an independent administration under Subtitle I.

Official text of the Texas Estates Code as published by the Texas Legislative Council.

Official source
Legislative history

Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 39, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 28, eff. September 1, 2019.

This section refers to

§ 355.151