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Texas Probate Code - Chapter VIII Proceedings During AdministrationLegal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Chapter VIII Proceedings During Administration Sponsored LinksText of § 248 as amended by Acts 2005, 79th Leg., ch. 701. At any time after the grant of letters testamentary or of ... Text of § 248 as amended by Acts 2005, 79th Leg., ch. 765. At any time after the grant of letters testamentary or of ... If any appraiser so appointed shall fail or refuse to act, the court shall by a like order or orders remove such appraiser and appoint ... Within ninety days after his qualification, unless a longer time shall be granted by the court, the representative shall file with the clerk of court ... There shall also be made out and attached to said inventory a full and complete list of all claims due or owing to the estate, ... The representative of the estate shall also attach to such inventory and list of claims his affidavit subscribed and sworn to before an officer in ... Each appraiser appointed by the court, as herein authorized, shall be entitled to receive a minimum compensation of Five Dollars ($5) per day, payable out ... Upon return of the inventory, appraisement, and list of claims, the judge shall examine and approve, or disapprove, them, as follows: (a) Order of Approval. ... If, after the filing of the inventory and appraisement, property or claims not included in the inventory shall come to the possession or knowledge of ... Any representative of an estate, on the written complaint of any interested person that property or claims of the estate have not been included in ... Any person interested in an estate who deems an inventory, appraisement, or list of claims returned therein erroneous or unjust in any particular may file ... When any reappraisement is made, returned, and approved by the court, it shall stand in place of the original appraisement. Not more than one reappraisement ... If there be more than one representative qualified as such, any one or more of them, on the neglect of the others, may make and ... All inventories, appraisements, and lists of claims which have been taken, returned, and approved in accordance with law, or the record thereof, or copies of ... At any time after the return of inventory, appraisement, and list of claims of a deceased person, any one entitled to a portion of the ... When the executor or administrator has rendered the required exhibit, the persons entitled to such estate, or any of them, or any persons for them, ... When such bond has been given and approved, the court shall thereupon enter an order directing and requiring the executor or administrator to deliver forthwith ... When an estate has been so withdrawn from further administration, an order shall be entered discharging the executor or administrator and declaring the administration closed. ... A lien shall exist on all of the estate withdrawn from administration in the hands of the distributees, and those claiming under them with notice ... Any person entitled to any portion of the estate withdrawn from further administration may, on written application to the court, cause a partition and distribution ... Any creditor of an estate withdrawn from administration whose debt or claim is unpaid and is not barred by limitation shall have the right to ... Any creditor of an estate withdrawn from administration whose debt or claim is unpaid and is not barred by limitation may sue any distributee who ... The homestead shall not be liable for the payment of any of the debts of the estate, except for: (1) the purchase money thereof; (2) ... (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 ... The exempt property set apart to the surviving spouse and children shall be delivered by the executor or administrator without delay as follows: (a) f ... In case there should not be among the effects of the deceased all or any of the specific articles exempted from execution or forced sale ... The allowance made in lieu of any of the exempted property shall be paid either in money out of the funds of the estate that ... The allowance in lieu of exempt property shall be paid by the executor or administrator, as follows: (a) If there be a surviving spouse and ... If there be no property of the deceased that such surviving spouse or children are willing to take for such allowance, or not a sufficiency, ... If property upon which there is a valid subsisting lien or encumbrance shall be set apart to the surviving spouse or children as exempt property, ... If, upon a final settlement of the estate, it shall appear that the same is solvent, the exempted property, except the homestead or any allowance ... Should the estate, upon final settlement, prove to be insolvent, the title of the surviving spouse and children to all the property and allowances set ... In ascertaining whether an estate is solvent or insolvent, the exempt property set apart to the surviving spouse or children, or the allowance in lieu ... The exempt property, other than the homestead or any allowance made in lieu thereof, shall be liable for the payment of Class 1 claims, but ... The homestead rights of the surviving spouse and children of the deceased are the same whether the homestead be the separate property of the deceased ... On the death of the husband or wife, leaving a spouse surviving, the homestead shall descend and vest in like manner as other real property ... The homestead shall not be partitioned among the heirs of the deceased during the lifetime of the surviving spouse, or so long as the survivor ... When the surviving spouse dies or sells his or her interest in the homestead, or elects no longer to use or occupy the same as ... (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 ... Such allowance shall be of an amount sufficient for the maintenance of such surviving spouse and minor children for one year from the time of ... No such allowance shall be made for the surviving spouse when the survivor has separate property adequate to the survivor's maintenance; nor shall such allowance ... When an allowance has been fixed, an order shall be entered stating the amount thereof, providing how the same shall be payable, and directing the ... The family allowance made for the support of the surviving spouse and minor children of the deceased shall be paid in preference to all other ... The executor or administrator shall apportion and pay the family allowance: (a) To the surviving spouse, if there be one, for the use of the ... The surviving spouse, or the guardian of the minor children, as the case may be, shall have the right to take in payment of such ... If there be no personal property of the deceased that the surviving spouse or guardian is willing to take for such allowance, or not a ... (a) Giving of Notice Required. Within one month after receiving letters, personal representatives of estates shall send to the comptroller of public accounts by certified ... (a) When notice required for secured claimants. Within two months after receiving letters, the personal representative of an estate shall give notice of the issuance ... If the notices required by the two preceding Sections have been given by a former representative, or by one where several are acting, that shall ... If the representative fails to give the notices required in preceding Sections, or to cause such notices to be given, the representative and the sureties ... (a) Time for Presentation of Claims. A claim may be presented to the personal representative at any time before the estate is closed if suit ... The general statutes of limitation are tolled on the date: (1) a claim for money is filed or deposited with the clerk; or (2) suit ... No personal representative of a decedent's estate shall allow, and the court shall not approve, a claim for money against such estate, unless such claim ... Any defect of form, or claim of insufficiency of exhibits or vouchers presented, shall be deemed waived by the personal representative unless written objection thereto ... If evidence of a claim is lost or destroyed, the claimant or an authorized representative or agent of the claimant, may make affidavit to the ... An authorized officer or representative of a corporation or other entity shall make the affidavit required to authenticate a claim of such corporation or entity. ... (a) Specifications of Claim. When a secured claim for money against an estate is presented, the claimant shall specify therein, in addition to all other ... If the instrument evidencing or supporting a claim provides for attorney's fees, then the claimant may include as a part of the claim the portion ... Claims may also be presented by depositing same, with vouchers and necessary exhibits and affidavit attached, with the clerk, who, upon receiving same, shall advise ... When a duly authenticated claim against an estate is presented to the representative, or deposited with the clerk as heretofore provided, the representative shall, within ... The failure of a representative of an estate to timely allow or reject a claim under Section 309 of this code shall constitute a rejection ... After a claim against an estate has been presented to and allowed or rejected by the personal representative, in whole or in part, the claim ... (a) Contest of Claims. Any person interested in an estate may, at any time before the court has acted upon a claim, appear and object ... When a claim or a part thereof has been rejected by the representative, the claimant shall institute suit thereon in the court of original probate ... No judgment shall be rendered in favor of a claimant upon any claim for money which has not been legally presented to the representative of ... All costs incurred in the probate court with respect to claims shall be taxed as follows: (a) If allowed and approved, the estate shall pay ... The naming of an executor in a will shall not operate to extinguish any just claim which the deceased had against the person named as ... (a) By Executors or Administrators. The foregoing provisions of this Code relative to the presentation of claims against an estate shall not be construed to ... No claim for money against the estate of a decedent shall be allowed by a personal representative and no suit shall be instituted against the ... No claim for money against the estate of a decedent, or any part thereof, shall be paid until it has been approved by the court ... (a) Priority of Payments. Personal representatives, when they have funds in their hands belonging to the estate, shall pay in the following order: (1) Funeral ... When personal representatives pay claims for funeral expenses and for items incident thereto, such as tombstones, grave markers, crypts or burial plots, they shall charge ... When there is a deficiency of assets to pay all claims of the same class, other than secured claims for money, the claims in such ... Claims against an estate of a decedent shall be classified and have priority of payment, as follows: Class 1. Funeral expenses and expenses of last ... (a) In this section: (1) "Estate" means the gross estate of a decedent as determined for the purpose of estate taxes. (2) "Estate tax" means ... (a) Except as provided by Subsections (b)-(d) of this section, a decedent's property is liable for debts and expenses of administration other than estate taxes, ... When two or more persons are jointly bound for the payment of a debt, or for any other purpose, upon the death of any of ... It shall be unlawful, and cause for removal, for a personal representative whether acting under appointment by will or under orders of the court, to ... Any creditor of an estate of a decedent whose claim, or part thereof, has been approved by the court or established by suit, may, at ... (a) Procedure to Force Payment. If any representative of an estate shall fail to pay on demand any money ordered by the court to be ... (a) Circumstances Under Which Money May Be Borrowed. Any real or personal property of an estate may be mortgaged or pledged by deed of trust ... Except as hereinafter provided, no sale of any property of an estate shall be made without an order of court authorizing the same. The court ... Whenever by the terms of a will an executor is authorized to sell any property of the testator, no order of court shall be necessary ... (a) The representative of an estate, after approval of inventory and appraisement, shall promptly apply for an order of the court to sell at public ... Upon application by the personal representative of the estate or by any interested person, the court may order the sale of any personal property of ... When the personal representative of an estate has in his possession any livestock which he deems necessary or to the advantage of the estate to ... All sales of personal property at public auction shall be made after notice has been issued by the representative of the estate and posted as ... No more than six months credit may be allowed when personal property is sold at public auction, based upon the date of such sale. The ... Any creditor holding a claim secured by a valid mortgage or other lien, which has been allowed and approved or established by suit, may obtain ... All sales of personal property shall be reported to the court, and the laws regulating sales of real estate as to confirmation or disapproval of ... Real property of the estate which is selected to be sold for the payment of expenses or claims shall be that which the court deems ... Application may be made to the court for an order to sell property of the estate when it appears necessary or advisable in order to: ... An application for the sale of real estate shall be in writing, shall describe the real estate or interest in or part thereof sought to ... Whenever an application for the sale of real estate is filed, it shall immediately be called to the attention of the judge by the clerk, ... Upon the filing of such application and exhibit, the clerk shall issue a citation to all persons interested in the estate, describing the land or ... When an application for an order of sale is made, any person interested in the estate may, before an order is made thereon, file his ... If satisfied upon hearing that the sale of the property of the estate described in the application is necessary or advisable, the court shall order ... When the representative of an estate neglects to apply for an order to sell sufficient property to pay the charges and claims against the estate ... (a) For Cash or Credit. The real estate may be sold for cash, or for part cash and part credit, or the equity in land ... (a) Notice of Sale. Except as hereinafter provided, all public sales of real estate shall be advertised by the representative of the estate by a ... All private sales of real estate shall be made in such manner as the court directs in its order of sale, and no further advertising, ... It shall be lawful to sell and convey easements and rights of ways on, under, and over the lands of an estate being administered under ... (a) Except as provided by Subsection (b), (c), or (d) of this section, the personal representative of an estate shall not become the purchaser, directly ... All sales of real property of an estate shall be reported to the court ordering the same within thirty days after the sales are made. ... If the personal representative of the estate is not required by this Code to furnish a general bond, the sale may be confirmed by the ... After the expiration of five days from the filing of a report of sale, the court shall inquire into the manner in which the sale ... When real estate is sold, the conveyance shall be by proper deed which shall refer to and identify the decree of the court confirming the ... After a sale is confirmed by the court and the terms of sale have been complied with by the purchaser, the representative of the estate ... Should the representative of an estate neglect to comply with the preceding Section, or to file the deed of trust securing such lien in the ... The personal representative of an estate may, without order of court, rent any of its real property or hire out any of its personal property, ... If property of the estate is hired or rented without an order of court, the personal representative shall be required to account to the estate ... Representatives of estates, if they prefer, may, and, if the proposed rental period exceeds one year, shall, file a written application with the court setting ... Any person interested in an estate may file his written and sworn complaint in a court where such estate is pending, and cause the personal ... When property is hired or rented on credit, possession thereof shall not be delivered until the hirer or renter has executed and delivered to the ... All property hired or rented, with or without an order of court, shall be returned to the possession of the estate in as good condition, ... (a) When any property of the estate with an appraised value of Three Thousand Dollars or more has been hired or rented, the representative shall, ... At any time after five days from the time such report of hiring or renting is filed, it shall be examined by the court and ... (a) Certain Words and Terms Defined. As used throughout in this Part of this Chapter, the words "land" or "interest in land" include minerals or ... (a) Authorization Allowed. Notwithstanding the preceding mandatory requirements for setting a time and place for hearing of an application to lease and the issuance, service, ... (a) Authorization for Pooling or Unitization. When an existing lease or leases on property owned by the estate does not adequately provide for pooling or ... As to any valid mineral lease or pooling or unitization agreement, executed on behalf of the estate prior to the effective date of this Code, ... When the personal representative of an estate shall neglect to apply for authority to subject property of the estate to a lease for mineral development, ... All presently existing leases on the oil, gas, or other minerals, or one or more of them, belonging to the estates of decedents, and all ... (a) Who May Apply. At any time after the expiration of twelve months after the original grant of letters testamentary or of administration, the executor ... Upon the filing of such application, the clerk shall issue a citation which shall state the name of the person whose estate is sought to ... When application for partition and distribution is made by any person other than the executor or administrator, such representative shall also be cited to appear ... At the hearing upon the application for partition and distribution, the court shall ascertain: (a) The residue of the estate subject to partition and distribution, ... If the court is of the opinion that the estate should be partitioned and distributed, it shall enter a decree which shall state: (a) The ... (a) Unless the governing instrument provides otherwise, if an executor, administrator, or trustee is authorized under the will or trust of a decedent to satisfy ... (a) Except as provided by Subsection (b) of this section and unless the will provides otherwise, all expenses incurred in connection with the settlement of ... If the estate to be distributed shall consist only of money or debts due the estate, or both, the court shall fix the amount to ... (a) Appointment of Commissioners. If the estate does not consist entirely of money or debts due the estate, or both, the court shall appoint three ... (a) Finding by the Court. When, in the opinion of the court, the whole or any portion of an estate is not capable of a ... (a) Court May Order Sale. When any portion of the estate to be partitioned lies in another county and cannot be fairly partitioned without prejudice ... If any executor or administrator shall neglect to deliver to the person entitled thereto, when demanded, any portion of an estate ordered to be delivered, ... (a) Application for Partition. When a husband or wife shall die leaving any community property, the survivor may, at any time after letters testamentary or ... Any person having a joint interest with the estate of a decedent in any property, real or personal, may make application to the court from ... Expense of partition of the estate of a decedent shall be paid by the distributees pro rata. The portion of the estate allotted each distributee ... Unless otherwise provided by will, a personal representative may cause stocks, bonds, and other personal property of an estate to be registered and held in ... (a) Estates of Decedents Being Administered Under Order of Court. The personal representative of the estate of a decedent being administered under order of court ... Should any personal representative of an estate fail to return any annual account required by preceding sections of this Code, any person interested in said ... These rules shall govern the handling of annual accounts: (a) They shall be filed with the county clerk, and the filing thereof shall be noted ... At any time after the expiration of fifteen months from the original grant of letters to an executor or administrator, any interested person may, by ... Should any personal representative fail to file any exhibit or report required by this Code, any person interested in the estate may, upon written complaint ... Administration of the estates of decedents shall be settled and closed when all the debts known to exist against the estate of a deceased person ... When administration of the estate of a decedent is to be settled and closed, the personal representative of such estate shall present to the court ... The court may permit a resident executor or administrator who has any of the estate of a ward to deliver the estate to a duly ... (a) If a personal representative charged with the duty of filing a final account fails or neglects so to do at the proper time, the ... Upon the filing of an account for final settlement by temporary or permanent personal representatives of the estates of decedents, citation shall contain a statement ... (a) Action Upon Account. Upon being satisfied that citation has been duly served upon all persons interested in the estate, the court shall examine the ... Until the order of final discharge of the personal representative is entered in the minutes of the court, money or other thing of value falling ... No final account of an executor or administrator shall be approved, and no estate of a decedent shall be closed, unless the final account shows, ... In the settlement of any of the accounts of the personal representative of an estate, all debts due the estate which the court is satisfied ... If any personal representative of an estate, upon final settlement, shall neglect to deliver to the person entitled thereto when demanded any portion of an ... Last modified: August 11, 2007 |