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Texas Probate Code - Section 160. Powers Of Surviving Spouse When No Administration Is Pending

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 160. Powers Of Surviving Spouse When No Administration Is Pending

§ 160. POWERS OF SURVIVING SPOUSE WHEN NO ADMINISTRATION 
IS PENDING.  (a) When no one has qualified as executor or 
administrator of the estate of a deceased spouse, the surviving 
spouse, whether the husband or wife, as the surviving partner of the 
marital partnership, without qualifying as community administrator 
as hereinafter provided, has power to sue and be sued for the 
recovery of community property;  to sell, mortgage, lease, and 
otherwise dispose of community property for the purpose of paying 
community debts;  to collect claims due to the community estate;  
and has such other powers as shall be necessary to preserve the 
community property, discharge community obligations, and wind up 
community affairs.
	(b)  If an affidavit stating that the affiant is the 
surviving spouse and that no one has qualified as executor or 
administrator of the estate of the deceased spouse is furnished to a 
person owing money to the community estate for current wages at the 
time of the death of the deceased spouse, the person making payment 
or delivering to the affiant the deceased spouse's final paycheck 
for wages, including unpaid sick pay or vacation pay, if any, is 
released from liability to the same extent as if the payment or 
delivery was made to a personal representative of the deceased 
spouse.  The person is not required to inquire into the truth of the 
affidavit.  The affiant to whom the payment or delivery is made is 
answerable to any person having a prior right and is accountable to 
any personal representative who is appointed.  The affiant is 
liable for any damage or loss to any person that arises from a 
payment or delivery made in reliance on the affidavit.
	(c)  This section does not affect the disposition of the 
property of the deceased spouse.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 846, § 17, eff. Sept. 1, 1993.

Last modified: August 11, 2007