Smith County Personal Representative Deed Under Court Order Form

When a Texas estate is settled under the probate court's supervision, the personal representative cannot simply sign over the decedent's real estate. The court must order the sale and confirm it, and only then does a deed pass title. This form prepares that deed: a Personal Representative Deed Under Court Order, under Chapter 356 of the Texas Estates Code, for an estate in a court-supervised, or dependent, administration.

Authority That Runs Through the Court

The defining feature of a dependent administration is court control. Estates Code Section 356.001 provides that, with narrow exceptions, estate property may not be sold without a court order authorizing the sale. For real property, the representative applies for an order of sale under Section 356.251, which lets the court act where a sale appears necessary or advisable to pay administration expenses, funeral and last-illness expenses, allowances, and claims, or to dispose of estate real property in the estate's best interest. After the sale is reported, Section 356.556 has the court enter an order authorizing the representative to convey once the purchaser complies.

A Deed That Names Its Order

Section 356.557 sets the deed apart from an ordinary conveyance: estate real estate that is sold is conveyed by a proper deed that refers to and identifies the court order confirming the sale. That deed vests in the purchaser all right and title of the estate to, and all interest of the estate in, the property, and it is prima facie evidence that the sale met the applicable requirements of law. The form devotes a section to identifying the order by date and record reference, so the recorded deed shows the court authority behind it.

One Form for Executor and Administrator

Both a dependent executor and a dependent administrator are personal representatives under Estates Code Section 22.031, and both convey under the same Chapter 356 process, so one form serves each. What changes is the paperwork that proves authority. A dependent executor is named in the will and holds Letters Testamentary; a dependent administrator is appointed by the court, holds Letters of Administration, and is commonly required to post a bond the court reviews before it confirms a real property sale. The form carries a capacity blank and source-of-authority blanks recording which representative signs, the letters held, and the order relied on.

Conveyed Without Warranty

A representative selling a decedent's property conveys the estate's title, not a personal guarantee of it. This deed grants, sells, and conveys the property using words of grant, so it operates as a conveyance rather than a mere release, while expressly excluding warranties of title and the implied covenants of Property Code Section 5.023. The representative signs in a fiduciary capacity and takes on no personal liability for the title. Where the court approves a sale on credit, Section 356.558 requires the deed to retain the vendor's lien securing the purchase money notes.

The deed is recorded with the county clerk of the county where the property is located, and the confidentiality notice required by Property Code Section 11.008 appears at the top of the first page. The package includes the blank fillable deed, a plain-language guide that walks through every section, and a completed example filled in for a realistic Texas estate. The materials are informational and are not legal advice.