Estate of Webb, No. 05-22-00673-CV, 2023 WL 5992961 (Tex. App.—Dallas Sept. 15, 2023, no pet. h.).
In a dependent administration, the trial court ordered that the intestate’s real property be sold to pay the expenses of the estate. The court rejected the heir’s claim that the sale needed to be conducted under Property Code Chapter 23A, the Texas version of the Uniform Partition of Heirs’ Property Act. Subsequently, the court approved a sale of the property and the heir appealed.
The Dallas Court of Appeals held that because the property had already been sold, the heir’s challenge to the decree approving the sale was moot.
Moral: Claims regarding the sale of estate property need to be brought before the property is sold in a manner that cannot be undone.