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State Law
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Texas Probate Code - Chapter VI Special Types Of AdministrationLegal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Chapter VI Special Types Of Administration (a) If a county judge determines that the interest of a decedent's estate requires the immediate appointment of a personal representative, he shall, by written ... (a) Appointment of Temporary Administrator. Pending a contest relative to the probate of a will or the granting of letters of administration, the court may ... Temporary administrators shall have and exercise only such rights and powers as are specifically expressed in the order of the court appointing them, and as ... At the expiration of a temporary appointment, the appointee shall file with the clerk of the court a sworn list of all property of the ... The list, return, exhibit, and account so filed shall be acted upon by the court and, whenever temporary letters shall expire or cease to be ... (a) The distributees of the estate of a decedent who dies intestate shall be entitled thereto, to the extent that the assets, exclusive of homestead ... The person making payment, delivery, transfer or issuance pursuant to the affidavit described in the preceding Section shall be released to the same extent as ... If the value of the entire assets of an estate, not including homestead and exempt property, does not exceed the amount to which the surviving ... Upon the filing of an application for no administration such as that provided for in the preceding Section, the court may hear the same forthwith ... The order that no administration be had on the estate shall constitute sufficient legal authority to all persons owing any money, having custody of any ... At any time within one year after the entry of an order of no administration, and not thereafter, any interested person may file an application ... Whenever, after the inventory, appraisement, and list of claims has been filed by a personal representative, it is established that the estate of a decedent, ... (a) Independent administration of an estate may be created as provided in Subsections (b) through (e) of this section. (b) Any person capable of making ... (a) Duty of the Independent Executor. An independent executor, in the administration of an estate, independently of and without application to, or any action in ... Any person having a debt or claim against the estate may enforce the payment of the same by suit against the independent executor; and, when ... When an independent administration is created and the order appointing an independent executor is entered by the county court, any person having a debt against ... When it has been provided by will, regularly probated, that an independent executor appointed by such will shall not be required to give bond for ... (a) Interested Person May Demand Accounting. At any time after the expiration of fifteen months from the date that an independent administration was created and ... (a) In addition to or in lieu of the right to an accounting provided by Section 149A of this code, at any time after the ... (a) The county court, as that term is defined by Section 3 of this code, on its own motion or on motion of any interested ... (a) On or before filing an action under Section 149E of this code, the independent executor must distribute to the beneficiaries of the estate any ... (a) After an estate has been administered and if there is no further need for an independent administration of the estate, the independent executor of ... (a) Except as ordered by the court, the independent executor is entitled to pay from the estate legal fees, expenses, or other costs of a ... The rights and remedies conferred by Sections 149D, 149E, and 149F of this code are cumulative of other rights and remedies to which a person ... If the will does not distribute the entire estate of the testator, or provide a means for partition of said estate, or if no will ... (a) Filing of Affidavit. When all of the debts known to exist against the estate have been paid, or when they have been paid so ... (a) At any time after an estate has been fully administered and there is no further need for an independent administration of such estate, any ... At any time before the authority of an independent executor has been terminated in the manner set forth in the preceding Sections, the clerk shall ... (a) Grant of Powers by Court. Whenever a person has died, or shall die, testate, owning property in Texas, and such person's will has been ... (a) If the will of a person who dies testate names an independent executor who, having qualified, fails for any reason to continue to serve, ... When a husband or wife dies intestate and the community property passes to the survivor, no administration thereon, community or otherwise, shall be necessary. Acts ... The community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities ... (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, ... Whenever an interest in community property passes to someone other than the surviving spouse, the surviving spouse may qualify as community administrator in the manner ... A surviving spouse who desires to qualify as a community administrator shall, within four years after the death of the other spouse, file a written ... If the appointment of appraisers is requested by the applicant, or by any interested person, the judge shall, without notice or citation, enter an order ... The surviving spouse, with the assistance of the appraisers, if any be appointed, shall make out a full, fair, and complete inventory, appraisement, and list ... The community administrator shall at the time the inventory, appraisement, and list of claims are returned, present to the court a bond with two or ... When such inventory, appraisement, list of claims, and bond are returned to the judge, he shall examine the same and approve or disapprove them by ... When the order mentioned in the preceding section has been entered, the survivor, without any further action in the court, shall have the power to ... The survivor, whether qualified as community administrator or not, shall keep a fair and full account and statement of all community debts and expenses paid ... The community administrator shall pay all just and legal community debts within the time, and according to the classification, and in the order prescribed for ... Any person interested in a community estate may cause a new appraisement to be made of the same, or may cause a new bond to ... Any creditor of the community estate whose claim has not been paid in full, after the lapse of one year from the filing of the ... When such exhibit has been returned to the court and filed, the court shall examine the same and hear exceptions and objections thereto, and evidence ... If, after examining the exhibit and after receiving evidence in support of or against the same, the court is satisfied that the estate has been ... Should the survivor, after being duly cited, fail to file an exhibit as required, the court shall proceed as if the creditor's right to the ... After the lapse of twelve months from the filing of the bond of the survivor, the community administration may be terminated whenever termination is desired ... The remarriage of a surviving spouse shall not terminate the surviving spouse's powers or liabilities as a qualified community administrator or administratrix; nor shall it ... (a) When Community Administrator Has Qualified. The qualified community administrator is entitled to administer the entire community estate, including the part which was by law ... Last modified: August 10, 2007 |