In Texas, if you are a Guardian, appointed by the court, there are steps that must be completed before the title company can issue a title policy for a home that is to be sold.
This is the four step process under the Texas Estates Code and the Guardian must complete all the steps and in the proper order.
These are the steps:
1. An Appliction to Sell. This is where the Guardian asks the judge for permission to market the property and find a buyer.
2. An Order of Sale. This is where the judge basically says, "ok, go find a buyer for the Ward's property."
3. A Report of Sale. This is where the Guardian comes back to the court and says, "I have a buyer, and here's the contract. Please approve it."
4. A confirmation of Sale. This is where the judge has reviewed the contract, finds the sale of the property is ok, and authorizes the Guardian to sell the property under the terms of the contract.
This process can take a while at each step of the way. Be prepared to wait to get on the court's docket. Patience is a must when dealing with guardianships.
If you have any questions about the probate or guardianship process involving real estate, once place to start is by contacting a Certified Probate Real Estate Specialist (CPRES). As in all legal matters, it may also be beneficial to consult an attorney.