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Texas Probate Code - Section 271. Exempt Property To Be Set Apart

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 271. Exempt Property To Be Set Apart

§ 271. EXEMPT PROPERTY TO BE SET APART. (a) Unless an affidavit is filed under Subsection (b) of this section, immediately after the inventory, appraisement, and list of claims have been approved, the court shall, by order, set apart: (1) the homestead for the use and benefit of the surviving spouse and minor children; and (2) all other property of the estate that is exempt from execution or forced sale by the constitution and laws of this state for the use and benefit of the surviving spouse and minor children and unmarried children remaining with the family of the deceased. (b) Before the approval of the inventory, appraisement, and list of claims: (1) a surviving spouse or any person who is authorized to act on behalf of minor children of the deceased may apply to the court to have exempt property, including the homestead, set aside by filing an application and a verified affidavit listing all of the property that the applicant claims is exempt; and (2) any unmarried children remaining with the family of the deceased may apply to the court to have all exempt property other than the homestead set aside by filing an application and a verified affidavit listing all of the other property that the applicant claims is exempt. (c) An applicant under Subsection (b) of this section bears the burden of proof by a preponderance of the evidence at any hearing on the application. The court shall set aside property of the decedent's estate that the court finds is exempt. Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1979, 66th Leg., p. 35, ch. 24, § 2, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 846, § 18, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch. 551, § 4, eff. Sept. 1, 2005.

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Last modified: August 11, 2007