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Texas Probate Code - Chapter VII Executors And AdministratorsLegal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Chapter VII Executors And Administrators Sponsored Links(a) Letters Testamentary. When a will has been probated, the court shall, within twenty days thereafter, grant letters testamentary, if permitted by law, to the ... When application is made for letters of administration, any person may at any time before the application is granted, file his opposition thereto in writing, ... When application is filed for letters of administration and the court finds that there exists no necessity for administration of the estate, the court shall ... When letters testamentary or of administration are granted, the court shall make an order to that effect, which shall specify: (a) The name of the ... Whenever an executor or administrator has been qualified in the manner required by law, the clerk of the court granting the letters testamentary or of ... Letters testamentary or of administration shall be a certificate of the clerk of the court granting the same, attested by the seal of such court, ... Letters testamentary or of administration or a certificate of the clerk of the court which granted the same, under the seal of such court, that ... When letters have been destroyed or lost, the clerk shall issue other letters in their stead, which shall have the same force and effect as ... When an executor or administrator, legally qualified as such, has performed any acts as such executor or administrator in conformity with his authority and the ... A personal representative shall be deemed to have duly qualified when he shall have taken and filed his oath and made the required bond, had ... (a) Executor, or Administrator With Will Annexed. Before the issuance of letters testamentary or of administration with the will annexed, the person named as executor, ... The oath of a personal representative may be taken and subscribed, or his bond may be given and approved, at any time before the expiration ... Except when bond is not required under the provisions of this Code, before the issuance of letters testamentary or of administration, the recipient of letters ... (a) By Will. Whenever any will probated in a Texas court directs that no bond or security be required of the person or persons named ... The following form, or the same in substance, may be used for the bonds of personal representatives: "The State of Texas "County of ______ "Know ... All bonds required by preceding provisions of this Code shall be subscribed by both principals and sureties, and, when approved by the court, be filed ... When two or more persons are appointed representatives of the same estate or person and are required by the provisions of this Code or by ... When a married person is appointed personal representative, the person may, jointly with, or without, his or her spouse, execute such bond as the law ... When a person under eighteen years of age who is or has been married shall accept and qualify as executor or administrator, any bond required ... Amended by Acts 1957, 55th Leg., p. 53, ch. 31, § 6(c). ... When a personal surety has been required by the court to create a lien on specific real property as a condition of his acceptance as ... A personal representative may be required to give a new bond in the following cases: (a) When the sureties upon the bond, or any one ... Any person interested in an estate may, upon application in writing filed with the county clerk of the county where the probate proceedings are pending, ... When it shall be known to him that any such bond is in any respect insufficient or that it has, together with the record thereof, ... Upon the return of a citation ordering a personal representative to show cause why he should not give a new bond, the judge shall, on ... When a personal representative is required to give a new bond, the order requiring such bond shall have the effect to suspend his powers, and ... A personal representative required to give bond may at any time file with the clerk a written application to the court to have his bond ... When a new bond has been given and approved, an order shall be entered discharging the sureties upon the former bond from all liability for ... The sureties upon the bond of a personal representative, or any one of them, may at any time file with the clerk a petition to ... If a personal surety who has given a lien on specific real property as security applies to the court to have the lien released, the ... A certified copy of the court's order describing the property, and releasing the lien, filed with the county clerk of the county where the property ... If at any time a personal representative fails to give bond as required by the court, within the time fixed by this Code, another person ... Where no bond is required of an executor appointed by will, any person having a debt, claim, or demand against the estate, to the justice ... Upon hearing such complaint, if it appears to the court that such executor is wasting, mismanaging, or misapplying such estate, and that thereby a creditor ... Such bond shall be for an amount sufficient to protect the estate and its creditors, to be approved by, and payable to, the judge, conditioned ... Should the executor fail to give such bond within ten days after the order requiring him to do so, then if the judge does not ... The bonds of personal representative shall not become void upon the first recovery, but may be put in suit and prosecuted from time to time ... (a) Because of Death, Resignation or Removal. When a person duly appointed a personal representative fails to qualify, or, after qualifying, dies, resigns, or is ... (a) Application to Resign. A personal representative who wishes to resign his trust shall file with the clerk his written application to the court to ... (a) A personal representative may change its resident agent to accept service of process in a probate proceeding or other action relating to the estate ... (a) A resident agent of a personal representative may resign as the resident agent by giving notice to the personal representative and filing with the ... (a) Without Notice. (1) The court, on its own motion or on motion of any interested person, and without notice, may remove any personal representative, ... (a) Not later than the 10th day after the date the court signs the order of removal, a personal representative who is removed under Subsection ... Whenever any estate is unrepresented by reason of the death, removal, or resignation of the personal representative of such estate, the court shall grant further ... When a representative of the estate not administered succeeds another, he shall be clothed with all rights, powers, and duties of his predecessor, except such ... In addition, such appointee may make himself, and may be made, a party to suits prosecuted by or against his predecessors. He may settle with ... Whenever an executor shall accept and qualify after letters of administration shall have been granted upon the estate, such executor shall, in like manner, succeed ... An appointee who has been qualified to succeed to a prior personal representative shall make and return to the court an inventory, appraisement, and list ... The executor or administrator shall take care of the property of the estate of his testator or intestate as a prudent man would take of ... The personal representative of an estate, immediately after receiving letters, shall collect and take into possession the personal property, record books, title papers, and other ... (a) Every personal representative of an estate shall use ordinary diligence to collect all claims and debts due the estate and to recover possession of ... Suits for the recovery of personal property, debts, or damages and suits for title or possession of lands or for any right attached to or ... (a) Powers To Be Exercised Under Order of the Court. The personal representative of the estate of any person may, upon application and order authorizing ... If the estate holds or owns any property in common, or as part owner with another, the representative of the estate shall be entitled to ... If the estate owns a farm, ranch, factory, or other business, the disposition of which has not been specifically directed by will, and if the ... If the decedent was a partner in a general partnership and the articles of partnership provide that, on the death of a partner, his or ... In all cases where the estate of a deceased person is being administered under the direction, control, and orders of a court in the exercise ... Should there be more than one executor or administrator of the same estate at the same time, the acts of one of them as such ... (a) Executors, administrators, and temporary administrators shall be entitled to receive a commission of five per cent (5%) on all sums they may actually receive ... Personal representatives of estates shall also be entitled to all necessary and reasonable expenses incurred by them in the preservation, safekeeping, and management of the ... When any person designated as executor in a will or an alleged will, or as administrator with the will or alleged will annexed, defends it ... All expense charges shall be made in writing, showing specifically each item of expense and the date thereof, and shall be verified by affidavit of ... When a personal representative neglects to perform a required duty or if a personal representative is removed for cause, the personal representative and the sureties ... Last modified: August 11, 2007 |