79R6415 KLA-F

By:  Casteel                                                      H.B. No. 3186



A BILL TO BE ENTITLED

AN ACT

relating to the sale of property of a decedent's estate.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 331, Texas Probate Code, is amended to 
read as follows:  
	Sec. 331.  [COURT MUST ORDER] SALES OF PROPERTY.  (a)  Except 
as hereinafter provided, no sale of any property of an estate shall 
be made without an order of court authorizing the same.  The court 
may order property sold for cash or on credit, at public auction or 
privately, as it may consider most to the advantage of the estate, 
except when otherwise specially provided herein.
	(b)  Notwithstanding Subsection (a) of this section, during 
the three-year period after the date the court issues letters 
testamentary or letters of administration, as applicable, an 
independent executor, including a successor independent executor, 
may sell any estate property without a court order.  The independent 
executor may sell the property for cash or on credit, at public 
auction or privately, and with the same authority as if the decedent 
had executed a will authorizing the independent executor to sell 
the property.  The power granted by this subsection is subject to:
		(1)  any express limitation or qualification on the 
power of sale imposed by court order; and
		(2)  any express limitation on the power of sale as 
provided by Section 332 of this code.
	(c)  To the extent of a conflict between Subsection (b) of 
this section and the express terms of a decedent's will, the terms 
of the will prevail.  To the extent of a conflict between Subsection 
(b) of this section and any other law with respect to the powers of 
an independent executor, the other law prevails.
	SECTION 2.  The change in law made by this Act to Section 
331, Texas Probate Code, applies only to an independent executor or 
independent administrator appointed on or after the effective date 
of this Act.  An independent executor or independent administrator 
appointed before the effective date of this Act is governed by the 
law in effect on the date the executor or administrator was 
appointed, and the former law is continued in effect for that 
purpose.
	SECTION 3.  This Act takes effect September 1, 2005.