Texas Probate Code

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• Texas Probate Code Section 1 - Short Title
  This Act shall be known, and may be cited, as the "Texas Probate Code." Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, ...
• Texas Probate Code Section 2 - Effective Date And Application
  (a) Effective Date. This Code shall take effect and be in force on and after January 1, 1956. The procedure herein prescribed shall govern all ...
• Texas Probate Code Section 3 - Definitions And Use Of Terms
  Except as otherwise provided by Chapter XIII of this Code, when used in this Code, unless otherwise apparent from the context: (a) "Authorized corporate surety" ...
• Texas Probate Code Section 4 - Jurisdiction Of County Court With Respect To Probate Proceedings
  The county court shall have the general jurisdiction of a probate court. It shall probate wills, grant letters testamentary and of administration, settle accounts of ...
• Texas Probate Code Section 5 - Jurisdiction With Respect To Probate Proceedings
  (a) Repealed by Acts 2003, 78th Leg., ch. 1060, § 16. (b) In those counties in which there is no statutory probate court, county court ...
• Texas Probate Code Section 5A - Matters Appertaining And Incident To An Estate
  (a) In proceedings in the constitutional county courts and statutory county courts at law, the phrases "appertaining to estates" and "incident to an estate" in ...
• Texas Probate Code Section 5B - Transfer Of Proceeding
  (a) A judge of a statutory probate court, on the motion of a party to the action or on the motion of a person interested ...
• Texas Probate Code Section 5C - Actions To Collect Delinquent Property Taxes
  (a) This section applies only to a decedent's estate that: (1) is being administered in a pending probate proceeding; (2) owns or claims an interest ...
• Texas Probate Code Section 6 - Venue For Probate Of Wills And Administration Of Estates Of Decedents
  Wills shall be admitted to probate, and letters testamentary or of administration shall be granted: (a) In the county where the deceased resided, if he ...
• Texas Probate Code Section 8 - Concurrent Venue And Transfer Of Proceedings
  (a) Concurrent Venue. When two or more courts have concurrent venue of an estate, the court in which application for probate proceedings thereon is first ...
• Texas Probate Code Section 9 - Defects In Pleading
  No defect of form or substance in any pleading in probate shall be held by any court to invalidate such pleading, or any order based ...
• Texas Probate Code Section 10 - Persons Entitled To Contest Proceedings
  Any person interested in an estate may, at any time before any issue in any proceeding is decided upon by the court, file opposition thereto ...
• Texas Probate Code Section 10A - Necessary Party
  (a) An institution of higher education as defined by Section 61.003, Education Code, a private institution of higher education, or a charitable organization is a ...
• Texas Probate Code Section 10B - Communications Or Records Relating To Decedent's Condition Before Death
  Notwithstanding the Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), a person who is a party to a will contest or a proceeding in ...
• Texas Probate Code Section 10C - Effect Of Filing Or Contesting Pleading
  (a) The filing or contesting in probate court of any pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the ...
• Texas Probate Code Section 11 - Applications And Other Papers To Be Filed With Clerk
  All applications for probate proceedings, complaints, petitions and all other papers permitted or required by law to be filed in the court in probate matters, ...
• Texas Probate Code Section 12 - Costs And Security Therefor
  (a) Applicability of Laws Regulating Costs. The provisions of law regulating costs in ordinary civil cases shall apply to all matters in probate when not ...
• Texas Probate Code Section 13 - Judge's Probate Docket
  The county clerk shall keep a record book to be styled "Judge's Probate Docket," and shall enter therein: (a) The name of each person upon ...
• Texas Probate Code Section 14 - Claim Docket
  The county clerk shall also keep a record book to be styled "Claim Docket," and shall enter therein all claims presented against an estate for ...
• Texas Probate Code Section 15 - Case Files
  The county clerk shall maintain a case file for each decedent's estate in which a probate proceeding has been filed. The case file must contain ...
• Texas Probate Code Section 16 - Probate Fee Book
  The county clerk shall keep a record book styled "Probate Fee Book," and shall enter therein each item of costs which accrues to the officers ...
• Texas Probate Code Section 17 - Maintaining Records In Lieu Of Record Books
  In lieu of keeping the record books described by Sections 13, 14, and 16 of this code, the county clerk may maintain the information relating ...
• Texas Probate Code Section 17A - Index
  The county clerk shall properly index the records and keep the index open for public inspection, but may not release the index from the clerk's ...
• Texas Probate Code Section 18 - Use Of Records As Evidence
  The record books or individual case files, including records on a computer file, on microfilm, in the form of a digitized optical image, or in ...
• Texas Probate Code Section 19 - Call Of The Dockets
  The judge of the court in which probate proceedings are pending, at such times as he shall determine, shall call the estates of decedents in ...
• Texas Probate Code Section 20 - Clerk May Set Hearings
  Whenever, on account of the county judge's absence from the county seat, or his being on vacation, disqualified, ill, or deceased, such judge is unable ...
• Texas Probate Code Section 21 - Trial By Jury
  In all contested probate and mental illness proceedings in the district court or in the county court or statutory probate court, county court at law ...
• Texas Probate Code Section 22 - Evidence
  In proceedings arising under the provisions of this Code, the rules relating to witnesses and evidence that govern in the District Court shall apply so ...
• Texas Probate Code Section 23 - Decrees And Signing Of Minutes
  All decisions, orders, decrees, and judgments of the county court in probate matters shall be rendered in open court except in cases where it is ...
• Texas Probate Code Section 24 - Enforcement Of Orders
  The county or probate judge may enforce obedience to all his lawful orders against executors and administrators by attachment and imprisonment, but no such imprisonment ...
• Texas Probate Code Section 25 - Executions
  Executions in probate matters shall be directed "to any sheriff or any constable within the State of Texas," made returnable in sixty days, and shall ...
• Texas Probate Code Section 26 - Attachments For Property
  Whenever complaint in writing, under oath, shall be made to the county or probate judge by any person interested in the estate of a decedent ...
• Texas Probate Code Section 27 - Enforcement Of Specific Performance
  When any person shall sell property and enter into bond or other written agreement to make title thereto, and shall depart this life without having ...
• Texas Probate Code Section 28 - Personal Representative To Serve Pending Appeal Of Appointment
  Pending appeals from orders or judgments appointing administrators or temporary administrators, the appointees shall continue to act as such and shall continue the prosecution of ...
• Texas Probate Code Section 29 - Appeal Bonds Of Personal Representatives
  When an appeal is taken by an executor or administrator, no bond shall be required, unless such appeal personally concerns him, in which case he ...
• Texas Probate Code Section 31 - Bill Of Review
  Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or ...
• Texas Probate Code Section 32 - Common Law Applicable
  The rights, powers and duties of executors and administrators shall be governed by the principles of the common law, when the same do not conflict ...
• Texas Probate Code Section 33 - Issuance, Contents, Service, And Return Of Citation, Notices, And Writs In Probate Matters
  (a) When Citation or Notice Necessary. No person need be cited or otherwise given notice except in situations in which this Code expressly provides for ...
• Texas Probate Code Section 34 - Service On Attorney
  If any attorney shall have entered his appearance of record for any party in any proceeding in probate, all citations and notices required to be ...
• Texas Probate Code Section 34A - Attorneys Ad Litem
  Except as provided by Section 53(c) of this code, the judge of a probate court may appoint an attorney ad litem to represent the interests ...
• Texas Probate Code Section 35 - Waiver Of Notice
  Any person legally competent who is interested in any hearing in a proceeding in probate may, in person or by attorney, waive in writing notice ...
• Texas Probate Code Section 36 - Duty And Responsibility Of Judge
  (a) It shall be the duty of each county and probate court to use reasonable diligence to see that personal representatives of estates being administered ...
• Texas Probate Code Section 36B - Examination Of Documents Or Safe Deposit Box With Court Order
  (a) A judge of a court having probate jurisdiction of a decedent's estate may order a person to permit a court representative named in the ...
• Texas Probate Code Section 36C - Delivery Of Document With Court Order
  (a) A judge who orders an examination by a court representative of a decedent's documents or safe deposit box under Section 36B of this code ...
• Texas Probate Code Section 36D - Examination Of Document Or Safe Deposit Box Without Court Order
  (a) A person who possesses or controls a document delivered by a decedent for safekeeping or who leases a safe deposit box to a decedent ...
• Texas Probate Code Section 36E - Delivery Of Document Without Court Order
  (a) A person who permits an examination of a decedent's document or safe deposit box under Section 36D of this code may deliver: (1) a ...
• Texas Probate Code Section 36F - Restriction On Removal Of Contents Of Safe Deposit Box
  A person may not remove the contents of a decedent's safe deposit box except as provided by Section 36C or 36E of this code or ...
• Texas Probate Code Section 37 - Passage Of Title Upon Intestacy And Under A Will
  When a person dies, leaving a lawful will, all of his estate devised or bequeathed by such will, and all powers of appointment granted in ...
• Texas Probate Code Section 37A - Means Of Evidencing Disclaimer Or Renunciation Of Property Or Interest Receivable From A Decedent
  Any person, or the guardian of an incapacitated person, the personal representative of a deceased person, or the guardian ad litem of an unborn or ...
• Texas Probate Code Section 37B - Assignment Of Property Received From A Decedent
  (a) A person entitled to receive property or an interest in property from a decedent under a will, by inheritance, or as a beneficiary under ...
• Texas Probate Code Section 37C - Satisfaction Of Devise
  (a) Property given to a person by a testator during the testator's lifetime is considered a satisfaction, either wholly or partly, of a devise to ...
• Texas Probate Code Section 38 - Persons Who Take Upon Intestacy
  (a) Intestate Leaving No Husband or Wife. Where any person, having title to any estate, real, personal or mixed, shall die intestate, leaving no husband ...
• Texas Probate Code Section 39 - No Distinction Because Of Property's Source
  There shall be no distinction in regulating the descent and distribution of the estate of a person dying intestate between property which may have been ...
• Texas Probate Code Section 40 - Inheritance By And From An Adopted Child
  For purposes of inheritance under the laws of descent and distribution, an adopted child shall be regarded as the child of the parent or parents ...
• Texas Probate Code Section 41 - Matters Affecting And Not Affecting The Right To Inherit
  (a) Persons Not in Being. No right of inheritance shall accrue to any persons other than to children or lineal descendants of the intestate, unless ...
• Texas Probate Code Section 42 - Inheritance Rights Of Children
  (a) Maternal Inheritance. For the purpose of inheritance, a child is the child of his biological or adopted mother, so that he and his issue ...
• Texas Probate Code Section 43 - Determination Of Per Capita And Per Stirpes Distribution
  When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come ...
• Texas Probate Code Section 44 - Advancements
  (a) If a decedent dies intestate as to all or a portion of the decedent's estate, property the decedent gave during the decedent's lifetime to ...
• Texas Probate Code Section 45 - Community Estate
  (a) On the intestate death of one of the spouses to a marriage, the community property estate of the deceased spouse passes to the surviving ...
• Texas Probate Code Section 46 - Joint Tenancies
  (a) If two or more persons hold an interest in property jointly, and one joint owner dies before severance, the interest of the decedent in ...
• Texas Probate Code Section 47 - Requirement Of Survival By 120 Hours
  (a) Survival of Heirs. A person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of ...
• Texas Probate Code Section 48 - Proceedings To Declare Heirship. When And Where Instituted
  (a) When a person dies intestate owning or entitled to real or personal property in Texas, and there shall have been no administration in this ...
• Texas Probate Code Section 49 - Who May Institute Proceedings To Declare Heirship
  (a) Such proceedings may be instituted and maintained in any of the instances enumerated above by the qualified personal representative of the estate of such ...
• Texas Probate Code Section 50 - Notice
  (a) Citation shall be served by registered or certified mail upon all distributees 12 years of age or older whose names and addresses are known, ...
• Texas Probate Code Section 51 - Transfer Of Proceeding When Will Probated Or Administration Granted
  If an administration upon the estate of any such decedent shall be granted in the State, or if the will of such decedent shall be ...
• Texas Probate Code Section 52 - Recorded Instruments As Prima Facie Evidence
  (a) A statement of facts concerning the family history, genealogy, marital status, or the identity of the heirs of a decedent shall be received in ...
• Texas Probate Code Section 52A - Form Of Affidavit Of Facts Concerning Identity Of Heirs
  An affidavit of facts concerning the identity of heirs of a decedent may be in substantially the following form: AFFIDAVIT OF FACTS CONCERNING THE IDENTITY ...
• Texas Probate Code Section 53 - Evidence; Unknown Parties And Incapacitated Persons
  (a) The court in its discretion may require all or any part of the evidence admitted in a proceeding to declare heirship to be reduced ...
• Texas Probate Code Section 54 - Judgment
  The judgment of the court in a proceeding to declare heirship shall declare the names and places of residence of the heirs of the decedent, ...
• Texas Probate Code Section 55 - Effect Of Judgment
  (a) Such judgment shall be a final judgment, and may be appealed or reviewed within the same time limits and in the same manner as ...
• Texas Probate Code Section 56 - Filing Of Certified Copy Of Judgment
  A certified copy of such judgment may be filed for record in the office of the county clerk of the county in which any of ...
• Texas Probate Code Section 57 - Who May Execute A Will
  Every person who has attained the age of eighteen years, or who is or has been lawfully married, or who is a member of the ...
• Texas Probate Code Section 58 - Interests Which May Pass Under A Will
  (a) Every person competent to make a last will and testament may thereby devise and bequeath all the estate, right, title, and interest in property ...
• Texas Probate Code Section 58a - Devises Or Bequests To Trustees
  (a) A testator may validly devise or bequeath property in a will to the trustee of a trust established or to be established: (1) during ...
• Texas Probate Code Section 58b - Devises And Bequests That Are Void
  (a) A devise or bequest of property in a will is void if the devise or bequest is made to: (1) an attorney who prepares ...
• Texas Probate Code Section 58c - Exercise Of Power Of Appointment
  A testator may not exercise a power of appointment through a residuary clause in the testator's will or through a will providing for general disposition ...
• Texas Probate Code Section 59 - Requisites Of A Will
  (a) Every last will and testament, except where otherwise provided by law, shall be in writing and signed by the testator in person or by ...
• Texas Probate Code Section 59A - Contracts Concerning Succession
  (a) A contract to make a will or devise, or not to revoke a will or devise, if executed or entered into on or after ...
• Texas Probate Code Section 60 - Exception Pertaining To Holographic Wills
  Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with. Such a will ...
• Texas Probate Code Section 61 - Bequest To Witness
  Should any person be a subscribing witness to a will, and also be a legatee or devisee therein, if the will cannot be otherwise established, ...
• Texas Probate Code Section 62 - Corroboration Of Testimony Of Interested Witness
  In the situation covered by the preceding Section, the bequest to the subscribing witness shall not be void if his testimony proving the will is ...
• Texas Probate Code Section 63 - Revocation Of Wills
  No will in writing, and no clause thereof or devise therein, shall be revoked, except by a subsequent will, codicil, or declaration in writing, executed ...
• Texas Probate Code Section 64 - Capacity To Make A Nuncupative Will
  Any person who is competent to make a last will and testament may dispose of his personal property by a nuncupative will made under the ...
• Texas Probate Code Section 65 - Requisites Of A Nuncupative Will
  No nuncupative will shall be established unless it be made in the time of the last sickness of the deceased, at his home or where ...
• Texas Probate Code Section 67 - Pretermitted Child
  (a) Whenever a pretermitted child is not mentioned in the testator's will, provided for in the testator's will, or otherwise provided for by the testator, ...
• Texas Probate Code Section 68 - Prior Death Of Legatee
  (a) If a devisee who is a descendant of the testator or a descendant of a testator's parent is deceased at the time of the ...
• Texas Probate Code Section 69 - Voidness Arising From Divorce
  (a) If, after making a will, the testator is divorced or the testator's marriage is annulled, all provisions in the will in favor of the ...
• Texas Probate Code Section 69A - Changing Wills
  (a) A court may not prohibit a person from executing a new will or a codicil to an existing will. (b) Notwithstanding Section 3(g) of ...
• Texas Probate Code Section 70 - Provision In Will For Management Of Separate Property
  The husband or wife may, by last will and testament, give to the survivor of the marriage the power to keep testator's separate property together ...
• Texas Probate Code Section 70A - Increase In Securities; Accessions
  (a) Unless the will clearly provides otherwise, a devise of securities that are owned by the testator on the date of execution of the will ...
• Texas Probate Code Section 71 - Deposit Of Will With Court During Testator's Lifetime
  (a) Deposit of Will. A will may be deposited by the person making it, or by another person for him, with the county clerk of ...
• Texas Probate Code Section 71A - No Right To Exoneration Of Debts; Exception
  (a) Except as provided by Subsection (b) of this section, a specific devise passes to the devisee subject to each debt secured by the property ...
• Texas Probate Code Section 72 - Proceedings Before Death; Administration In Absence Of Direct Evidence Of Death; Distribution; Limitation Of Liability; Restoration Of Estate; Validation Of Proceedings
  (a) The probate of a will or administration of an estate of a living person shall be void; provided, however, that the court shall have ...
• Texas Probate Code Section 73 - Period For Probate
  (a) No will shall be admitted to probate after the lapse of four years from the death of the testator unless it be shown by ...
• Texas Probate Code Section 74 - Time To File Application For Letters Testamentary Or Administration
  All applications for the grant of letters testamentary or of administration upon an estate must be filed within four years after the death of the ...
• Texas Probate Code Section 75 - Duty And Liability Of Custodian Of Will
  Upon receiving notice of the death of a testator, the person having custody of the testator's will shall deliver it to the clerk of the ...
• Texas Probate Code Section 76 - Persons Who May Make Application
  An executor named in a will or any interested person may make application to the court of a proper county: (a) For an order admitting ...
• Texas Probate Code Section 77 - Order Of Persons Qualified To Serve
  Letters testamentary or of administration shall be granted to persons who are qualified to act, in the following order: (a) To the person named as ...
• Texas Probate Code Section 78 - Persons Disqualified To Serve As Executor Or Administrator
  No person is qualified to serve as an executor or administrator who is: (a) An incapacitated person; (b) A convicted felon, under the laws either ...
• Texas Probate Code Section 79 - Waiver Of Right To Serve
  The surviving husband or wife, or, if there be none, the heirs or any one of the heirs of the deceased to the exclusion of ...
• Texas Probate Code Section 80 - Prevention Of Administration
  (a) Method of Prevention. When application is made for letters of administration upon an estate by a creditor, and other interested persons do not desire ...
• Texas Probate Code Section 81 - Contents Of Application For Letters Testamentary
  (a) For Probate of a Written Will. A written will shall, if within the control of the applicant, be filed with the application for its ...
• Texas Probate Code Section 82 - Contents Of Application For Letters Of Administration
  An application for letters of administration when no will, written or oral, is alleged to exist shall state: (a) The name and domicile of the ...
• Texas Probate Code Section 83 - Procedure Pertaining To A Second Application
  (a) Where Original Application Has Not Been Heard. If, after an application for the probate of a will or for the appointment of a general ...
• Texas Probate Code Section 84 - Proof Of Written Will Produced In Court
  (a) Self-Proved Will. If a will is self-proved as provided in this Code, no further proof of its execution with the formalities and solemnities and ...
• Texas Probate Code Section 85 - Proof Of Written Will Not Produced In Court
  A written will which cannot be produced in court shall be proved in the same manner as provided in the preceding Section for an attested ...
• Texas Probate Code Section 86 - Proof Of Nuncupative Will
  (a) Notice and Proof of Nuncupative Will. No nuncupative will shall be proved within fourteen days after the death of the testator, or until those ...
• Texas Probate Code Section 87 - Testimony To Be Committed To Writing
  All testimony taken in open court upon the hearing of an application to probate a will shall be committed to writing at the time it ...
• Texas Probate Code Section 88 - Proof Required For Probate And Issuance Of Letters Testamentary Or Of Administration
  (a) General Proof. Whenever an applicant seeks to probate a will or to obtain issuance of letters testamentary or of administration, he must first prove ...
• Texas Probate Code Section 89 - Action Of Court On Probated Will
  Upon the completion of hearing of an application for the probate of a will, if the Court be satisfied that such will should be admitted ...
• Texas Probate Code Section 89A - Contents Of Application For Probate Of Will As Muniment Of Title
  (a) A written will shall, if within the control of the applicant, be filed with the application for probate as a muniment of title, and ...
• Texas Probate Code Section 89B - Proof Required For Probate Of A Will As A Muniment Of Title
  (a) General Proof. Whenever an applicant seeks to probate a will as a muniment of title, the applicant must first prove to the satisfaction of ...
• Texas Probate Code Section 89C - Probate Of Wills As Muniments Of Title
  (a) In each instance where the court is satisfied that a will should be admitted to probate, and where the court is further satisfied that ...
• Texas Probate Code Section 90 - Custody Of Probated Wills
  All original wills, together with the probate thereof, shall be deposited in the office of the county clerk of the county wherein the same shall ...
• Texas Probate Code Section 91 - When Will Not In Custody Of Court, Or Oral
  If for any reason a written will is not in the custody of the court, or if the will is oral, the court shall find ...
• Texas Probate Code Section 92 - Period For Probate Does Not Affect Settlement
  Where letters testamentary or of administration shall have once been granted, any person interested in the administration of the estate may proceed, after any lapse ...
• Texas Probate Code Section 93 - Period For Contesting Probate
  After a will has been admitted to probate, any interested person may institute suit in the proper court to contest the validity thereof, within two ...
• Texas Probate Code Section 94 - No Will Effectual Until Probated
  Except as hereinafter provided with respect to foreign wills, no will shall be effectual for the purpose of proving title to, or the right to ...
• Texas Probate Code Section 95 - Probate Of Foreign Will Accomplished By Filing And Recording
  (a) Foreign Will May Be Probated. The written will of a testator who was not domiciled in Texas at the time of his death which ...
• Texas Probate Code Section 96 - Filing And Recording Foreign Will In Deed Records
  When any will or testamentary instrument conveying or in any manner disposing of land in this State has been duly probated according to the laws ...
• Texas Probate Code Section 97 - Proof Required For Recording In Deed Records
  A copy of such foreign will or testamentary instrument, and of its probate attested as provided above, together with the certificate that said attestation is ...
• Texas Probate Code Section 98 - Effect Of Recording Copy Of Will In Deed Records
  Every such foreign will, or testamentary instrument, and the record of its probate, which shall be attested and proved, as hereinabove provided, and delivered to ...
• Texas Probate Code Section 99 - Recording In Deed Records Serves As Notice Of Title
  The record of any such foreign will, or testamentary instrument, and of its probate, duly attested and proved and filed for recording in the deed ...
• Texas Probate Code Section 100 - Contest Of Foreign Wills
  (a) Will Admitted in Domiciliary Jurisdiction. A foreign will that has been admitted to probate or established in the jurisdiction in which the testator was ...
• Texas Probate Code Section 101 - Notice Of Contest Of Foreign Will
  Within the time permitted for the contest of a foreign will in this State, verified notice may be filed and recorded in the minutes of ...
• Texas Probate Code Section 102 - Effect Of Rejection Of Will In Domiciliary Proceedings
  Final rejection of a will or other testamentary instrument from probate or establishment in the jurisdiction in which the testator was domiciled shall be conclusive ...
• Texas Probate Code Section 103 - Original Probate Of Foreign Will In This State
  Original probate of the will of a testator who died domiciled outside this State which, upon probate, may operate upon any property in this State, ...
• Texas Probate Code Section 104 - Proof Of Foreign Will In Original Probate Proceeding
  If a testator dies domiciled outside this State, a copy of his will, authenticated in the manner required by this Code, shall be sufficient proof ...
• Texas Probate Code Section 105 - Executor Of Will Probated In Another Jurisdiction
  When a foreign will is admitted to ancillary probate in accordance with Section 95 of this Code, the executor named in such will shall be ...
• Texas Probate Code Section 105A - Appointment And Service Of Foreign Banks And Trust Companies In Fiduciary Capacity
  (a) A corporate fiduciary that does not have its main office or a branch office in this state, hereinafter called "foreign corporate fiduciaries", having the ...
• Texas Probate Code Section 106 - When Foreign Executor To Give Bond
  A foreign executor shall not be required to give bond if the will appointing him so provides. If the will does not exempt him from ...
• Texas Probate Code Section 107 - Power Of Sale Of Foreign Executor Or Trustee
  When by any foreign will recorded in the deed records of any county in this state in the manner provided herein, power is given an ...
• Texas Probate Code Section 107A - Suit For The Recovery Of Debts By A Foreign Executor Or Administrator
  (a) On giving notice by registered or certified mail to all creditors of the decedent in this state who have filed a claim against the ...
• Texas Probate Code Section 108 - Time To File Emergency Application
  An applicant may file an application requesting emergency intervention by a court exercising probate jurisdiction to provide for the payment of funeral and burial expenses ...
• Texas Probate Code Section 109 - Eligible Applicants For Emergency Intervention
  A person qualified to serve as an administrator under Section 77 of this code may file an emergency intervention application. Added by Acts 1993, 73rd ...
• Texas Probate Code Section 110 - Requirements For Emergency Intervention
  An applicant may file an emergency application with the court under Section 108 of this code only if an application has not been filed and ...
• Texas Probate Code Section 111 - Contents Of Emergency Intervention Application For Funeral And Burial Expenses
  (a) An application for emergency intervention to obtain funds needed for a decedent's funeral and burial expenses must be sworn and must contain: (1) the ...
• Texas Probate Code Section 112 - Contents For Emergency Intervention Application For Access To Personal Property
  An application for emergency intervention to gain access to rental accommodations of a decedent at the time of the decedent's death that contain the decedent's ...
• Texas Probate Code Section 113 - Orders Of Emergency Intervention
  (a) If the court determines on review of an application filed under Section 108 of this code that emergency intervention is necessary to obtain funds ...
• Texas Probate Code Section 114 - Termination
  (a) All power and authority of an applicant under an emergency intervention order cease to be effective or enforceable on the 90th day after the ...
• Texas Probate Code Section 115 - Limitation On Right Of Surviving Spouse To Control Deceased's Burial Or Cremation
  (a) An application under this section may be filed by: (1) the executor of the deceased's will; or (2) the next of kin of the ...
• Texas Probate Code Section 128 - Citations With Respect To Applications For Probate Or For Issuance Of Letters
  (a) Where Application Is for Probate of a Written Will Produced in Court or for Letters of Administration. When an application for the probate of ...
• Texas Probate Code Section 128A - Notice To Certain Entities After Probate
  (a) If the address of the entity can be ascertained with reasonable diligence, an applicant under Section 81 of this code shall give the state, ...
• Texas Probate Code Section 128B - Notice When Will Probated After Four Years
  (a) Except as provided by Subsection (b) of this section, an applicant for the probate of a will under Section 73(a) of this code must ...
• Texas Probate Code Section 129 - Validation Of Prior Modes Of Service Of Citation
  (a) In all cases where written wills produced in court have been probated prior to June 14, 1927, after publication of citation as provided by ...
• Texas Probate Code Section 129A - Service By Publication Or Other Substituted Service
  Notwithstanding any other provisions of this part of this chapter, if an attempt to make service under this part of this chapter is unsuccessful, service ...
• Texas Probate Code Section 131A - Appointment Of Temporary Administrators
  (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 ...
• Texas Probate Code Section 132 - Temporary Administration Pending Contest Of A Will Or Administration
  (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 ...
• Texas Probate Code Section 133 - Powers Of Temporary Administrators
  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 ...
• Texas Probate Code Section 134 - Accounting
  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 ...
• Texas Probate Code Section 135 - Closing Temporary Administration
  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 ...
• Texas Probate Code Section 137 - Collection Of Small Estates Upon Affidavit
  (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 ...
• Texas Probate Code Section 138 - Effect Of Affidavit
  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 ...
• Texas Probate Code Section 139 - Application For Order Of No Administration
  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 ...
• Texas Probate Code Section 140 - Hearing And Order Upon The Application
  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 ...
• Texas Probate Code Section 141 - Effect Of Order
  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 ...
• Texas Probate Code Section 142 - Proceeding To Revoke Order
  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 ...
• Texas Probate Code Section 143 - Summary Proceedings For Small Estates After Personal Representative Appointed
  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, ...
• Texas Probate Code Section 145 - Independent Administration
  (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 ...
• Texas Probate Code Section 146 - Payment Of Claims And Delivery Of Exemptions And Allowances
  (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 ...
• Texas Probate Code Section 147 - Enforcement Of Claims By Suit
  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 ...
• Texas Probate Code Section 148 - Requiring Heirs To Give Bond
  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 ...
• Texas Probate Code Section 149 - Requiring Independent Executor To Give Bond
  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 ...
• Texas Probate Code Section 149A - Accounting
  (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 ...
• Texas Probate Code Section 149B - Accounting And Distribution
  (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 ...
• Texas Probate Code Section 149C - Removal Of Independent Executor
  (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 ...
• Texas Probate Code Section 149D - Distribution Of Remaining Estate Pending Judicial Discharge
  (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 ...
• Texas Probate Code Section 149E - Judicial Discharge Of Independent Executor
  (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 ...
• Texas Probate Code Section 149F - Court Costs And Other Charges Related To Final Account In Judicial Discharge
  (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 ...
• Texas Probate Code Section 149G - Rights And Remedies Cumulative
  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 ...
• Texas Probate Code Section 150 - Partition And Distribution Or Sale Of Property Incapable Of Division
  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 ...
• Texas Probate Code Section 151 - Closing Independent Administration By Affidavit
  (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 ...
• Texas Probate Code Section 152 - Closing Independent Administration Upon Application By Distributee
  (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 ...
• Texas Probate Code Section 153 - Issuance Of Letters
  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 ...
• Texas Probate Code Section 154 - Powers Of An Administrator Who Succeeds An Independent Executor
  (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 ...
• Texas Probate Code Section 154A - Court-Appointed Successor Independent Executor
  (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, ...
• Texas Probate Code Section 155 - Administration Of Community Property
  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 ...
• Texas Probate Code Section 156 - Liability Of Community Property For Debts
  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 ...
• Texas Probate Code Section 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, ...
• Texas Probate Code Section 161 - Community Administration
  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 ...
• Texas Probate Code Section 162 - Application For Community Administration
  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 ...
• Texas Probate Code Section 163 - Appointment Of Appraisers
  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 ...
• Texas Probate Code Section 164 - Inventory, Appraisement, And List Of Claims
  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 ...
• Texas Probate Code Section 165 - Bond Of Community Administrator
  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 ...
• Texas Probate Code Section 166 - Order Of The Court
  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 ...
• Texas Probate Code Section 167 - Powers Of Community Administrator
  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 ...
• Texas Probate Code Section 168 - Accounting By Survivor
  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 ...
• Texas Probate Code Section 169 - Payment Of Debts
  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 ...
• Texas Probate Code Section 170 - New Appraisement Or New Bond
  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 ...
• Texas Probate Code Section 171 - Creditor May Require Exhibit
  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 ...
• Texas Probate Code Section 172 - Action Of Court Upon Exhibit
  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 ...
• Texas Probate Code Section 173 - Approval Of Exhibit
  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 ...
• Texas Probate Code Section 174 - Failure To File Exhibit
  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 ...
• Texas Probate Code Section 175 - Termination Of Community Administration
  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 ...
• Texas Probate Code Section 176 - Remarriage Of Surviving Spouse
  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 ...
• Texas Probate Code Section 177 - Distribution Of Powers Among Personal Representatives And Surviving Spouse
  (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 ...
• Texas Probate Code Section 178 - When Letters Testamentary Or Of Administration Shall Be Granted
  (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 ...
• Texas Probate Code Section 179 - Opposition To Grant Of Letters Of Administration
  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, ...
• Texas Probate Code Section 180 - Effect Of Finding That No Necessity For Administration Exists
  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 ...
• Texas Probate Code Section 181 - Orders Granting Letters Testamentary Or Of Administration
  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 ...
• Texas Probate Code Section 182 - When Clerk Shall Issue Letters
  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 ...
• Texas Probate Code Section 183 - What Constitutes Letters
  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, ...
• Texas Probate Code Section 186 - Letters Or Certificate Made Evidence
  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 ...
• Texas Probate Code Section 187 - Issuance Of Other Letters
  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 ...
• Texas Probate Code Section 188 - Rights Of Third Persons Dealing With Executors Or Administrators
  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 ...
• Texas Probate Code Section 189 - How Executors And Administrators Shall Qualify
  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 ...
• Texas Probate Code Section 190 - Oaths Of Executors And Administrators
  (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, ...
• Texas Probate Code Section 192 - Time For Taking Oath And Giving Bond
  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 ...
• Texas Probate Code Section 194 - Bonds Of Personal Representatives Of Estates
  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 ...
• Texas Probate Code Section 195 - When No Bond Required
  (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 ...
• Texas Probate Code Section 196 - Form Of Bond
  The following form, or the same in substance, may be used for the bonds of personal representatives: "The State of Texas "County of ______ "Know ...
• Texas Probate Code Section 197 - Bonds To Be Filed
  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 ...
• Texas Probate Code Section 198 - Bonds Of Joint Representatives
  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 ...
• Texas Probate Code Section 199 - Bonds Of Married Persons
  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 ...
• Texas Probate Code Section 200 - Bond Of Married Person Under Eighteen Years Of Age
  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 ...
• Texas Probate Code Section 201. (A) AFFIDAVIT OF PERSONAL SURETY; (B) LIEN ON SPECIFIC PROPERTY, WHEN REQUIRED; (C) SUBORDINATION OF LIEN AUTHORIZED. (a) Affidavit of Personal Surety. Before the judge may consider a bond with personal sureties, each person offered as surety shall execute an affidavit stating the amount of his assets, reachable by creditors, of a value over and above his liabilities, the total of the worth of such sureties to be equal to at least double the amount of the bond, and such affidavit shall be presented to the judge for his consideration and, if approved, shall be attached to and form part of the bond. (b) Lien on Specific Property, When Required. If the judge finds that the estimated value of personal property of the estate which cannot be deposited or held in safekeeping as hereinabove provided is such that personal sureties cannot be accepted without the creation of a specific lien on real property of such sureties, he shall enter an order requiring that each surety designate real property owned by him within this State subject to execution, of a value over and above all liens and unpaid taxes, equal at least to the amount of the bond, giving an adequate legal description of such property, all of which shall be incorporated in an affidavit by the surety, approved by the judge, and be attached to and form part of the bond. If compliance with such order is not had, the judge may in his discretion require that the bond be signed by an authorized corporate surety, or by such corporate surety and two (2) or more personal sureties. (c) Subordination of Lien Authorized. If a personal surety who has been required to create a lien on specific real estate desires to lease such property for mineral development, he may file his written application in the court in which the proceedings are pending, requesting subordination of such lien to the proposed lease, and the judge of such court may, in his discretion, enter an order granting such application. A certified copy of such order, filed and recorded in the deed records of the proper county, shall be sufficient to subordinate such lien to the rights of a lessee, in the proposed lease. Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan - 1, 1956
  Amended by Acts 1957, 55th Leg., p. 53, ch. 31, § 6(c). ...
• Texas Probate Code Section 202 - Bond As Lien On Real Property Of Surety
  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 ...
• Texas Probate Code Section 203 - When New Bond May Be Required
  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 ...
• Texas Probate Code Section 204 - Demand For New Bond By Interested Person
  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, ...
• Texas Probate Code Section 205 - Judge To Require New Bond
  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, ...
• Texas Probate Code Section 206 - Order Requiring New Bond
  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 ...
• Texas Probate Code Section 207 - Order Suspends Powers Of Personal Representative
  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 ...
• Texas Probate Code Section 208 - Decrease In Amount Of Bond
  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 ...
• Texas Probate Code Section 209 - Discharge Of Sureties Upon Execution Of New 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 ...
• Texas Probate Code Section 210 - Release Of Sureties Before Estate Fully Administered
  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 ...
• Texas Probate Code Section 211 - Release Of Lien Before Estate Fully Administered
  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 ...
• Texas Probate Code Section 212 - Release Of Recorded Lien On Surety's Property
  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 ...
• Texas Probate Code Section 213 - Revocation Of Letters For Failure To Give Bond
  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 ...
• Texas Probate Code Section 214 - Executor Without Bond Required To Give Bond
  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 ...
• Texas Probate Code Section 215 - Order Requiring Bond
  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 ...
• Texas Probate Code Section 216 - Bond In Such Case
  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 ...
• Texas Probate Code Section 217 - Failure To Give Bond
  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 ...
• Texas Probate Code Section 218 - Bonds Not Void Upon First Recovery
  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 ...
• Texas Probate Code Section 220 - Appointment Of Successor Representative
  (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 ...
• Texas Probate Code Section 221 - Resignation
  (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 ...
• Texas Probate Code Section 221A - Change Of Resident Agent
  (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 ...
• Texas Probate Code Section 221B - Resignation Of Resident Agent
  (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 ...
• Texas Probate Code Section 222 - Removal
  (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, ...
• Texas Probate Code Section 222A - Reinstatement After Removal
  (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 ...
• Texas Probate Code Section 223 - Further Administration With Or Without Will Annexed
  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 ...
• Texas Probate Code Section 224 - Successors Succeed To Prior Rights, Powers, And Duties
  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 ...
• Texas Probate Code Section 225 - Additional Powers Of Successor Appointee
  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 ...
• Texas Probate Code Section 226 - Subsequent Executors Also Succeed To Prior Rights And Duties
  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 ...
• Texas Probate Code Section 227 - Successors Return Of Inventory, Appraisement, And List Of Claims
  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 ...
• Texas Probate Code Section 230 - Care Of Property Of Estates
  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 ...
• Texas Probate Code Section 232 - Representative Of Estate Shall Take Possession Of Personal Property And Records
  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 ...
• Texas Probate Code Section 233 - Collection Of Claims And Recovery Of Property
  (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 ...
• Texas Probate Code Section 233A - Suits By Executors Or Administrators
  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 ...
• Texas Probate Code Section 234 - Exercise Of Powers With And Without Court Order
  (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 ...
• Texas Probate Code Section 235 - Possession Of Property Held In Common Ownership
  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 ...
• Texas Probate Code Section 238 - Operation Of Farm, Ranch, Factory, Or Other Business
  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 ...
• Texas Probate Code Section 238A - Administration Of Partnership Interest By Personal Representative
  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 ...
• Texas Probate Code Section 239 - Payment Or Credit Of Income
  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 ...
• Texas Probate Code Section 240 - Joint Executors Or Administrators
  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 ...
• Texas Probate Code Section 241 - Compensation Of Personal Representatives
  (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 ...
• Texas Probate Code Section 242 - Expenses Allowed
  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 ...
• Texas Probate Code Section 243 - Allowance For Defending Will
  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 ...
• Texas Probate Code Section 244 - Expense Accounts
  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 ...
• Texas Probate Code Section 245 - When Costs Are Adjudged Against Representative
  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 ...
• Texas Probate Code Section 248 - Appointment Of Appraisers
  Text of § 248 as amended by Acts 2005, 79th Leg., ch. 701. At any time after the grant of letters testamentary or of ...
• Texas Probate Code Section 248 - Appointment Of Appraisers
  Text of § 248 as amended by Acts 2005, 79th Leg., ch. 765. At any time after the grant of letters testamentary or of ...
• Texas Probate Code Section 249 - Failure Of Appraisers To Serve
  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 ...
• Texas Probate Code Section 250 - Inventory And Appraisement
  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 ...
• Texas Probate Code Section 251 - List Of Claims
  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, ...
• Texas Probate Code Section 252 - Affidavit To Be Attached
  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 ...
• Texas Probate Code Section 253 - Fees Of Appraisers
  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 ...
• Texas Probate Code Section 255 - Action By The Court
  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. ...
• Texas Probate Code Section 256 - Discovery Of Additional Property
  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 ...
• Texas Probate Code Section 257 - Additional Inventory Or List Of Claims Required By Court
  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 ...
• Texas Probate Code Section 258 - Correction Required When Inventory, Appraisement, Or List Of Claims Erroneous Or Unjust
  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 ...
• Texas Probate Code Section 259 - Effect Of Reappraisement
  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 ...
• Texas Probate Code Section 260 - Failure Of Joint Personal Representatives To Return An Inventory, Appraisement, And List Of Claims
  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 ...
• Texas Probate Code Section 261 - Use Of Inventories, Appraisements, And Lists Of Claims As Evidence
  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 ...
• Texas Probate Code Section 262 - Executor Or Administrator Required To Report On Condition Of Estate
  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 ...
• Texas Probate Code Section 263 - Bond Required To Withdraw Estate From Administration
  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, ...
• Texas Probate Code Section 264 - Court's Order
  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 ...
• Texas Probate Code Section 265 - Order Of Discharge
  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. ...
• Texas Probate Code Section 266 - Lien On Property Of Estate Withdrawn From Administration
  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 ...
• Texas Probate Code Section 267 - Partition Of Estate Withdrawn From Administration
  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 ...
• Texas Probate Code Section 268 - Creditors May Sue On Bond
  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 ...
• Texas Probate Code Section 269 - Creditors May Sue Distributees
  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 ...
• Texas Probate Code Section 270 - Liability Of Homestead For Debts
  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) ...
• Texas Probate Code Section 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 ...
• Texas Probate Code Section 272 - To Whom Delivered
  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 ...
• Texas Probate Code Section 273 - Allowance In Lieu Of Exempt Property
  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 ...
• Texas Probate Code Section 274 - How Allowance Paid
  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 ...
• Texas Probate Code Section 275 - To Whom Allowance Paid
  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 ...
• Texas Probate Code Section 276 - Sale To Raise Allowance
  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, ...
• Texas Probate Code Section 277 - Preference Of Liens
  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, ...
• Texas Probate Code Section 278 - When Estate Is Solvent
  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 ...
• Texas Probate Code Section 279 - When Estate Is Insolvent
  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 ...
• Texas Probate Code Section 280 - Exempt Property Not Considered In Determining Solvency
  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 ...
• Texas Probate Code Section 281 - Exempt Property Liable For Certain Debts
  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 ...
• Texas Probate Code Section 282 - Nature Of Homestead Property Immaterial
  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 ...
• Texas Probate Code Section 283 - Homestead Rights Of Surviving Spouse
  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 ...
• Texas Probate Code Section 284 - When Homestead Not Partitioned
  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 ...
• Texas Probate Code Section 285 - When Homestead Can Be Partitioned
  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 ...
• Texas Probate Code Section 286 - Family Allowance To Surviving Spouses And Minors
  (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 ...
• Texas Probate Code Section 287 - Amount Of Family Allowance
  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 ...
• Texas Probate Code Section 288 - When Family Allowance Not Made
  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 ...
• Texas Probate Code Section 289 - Order Fixing Family 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 ...
• Texas Probate Code Section 290 - Family Allowance Preferred
  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 ...
• Texas Probate Code Section 291 - To Whom Family Allowance Paid
  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 ...
• Texas Probate Code Section 292 - May Take Property For Family Allowance
  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 ...
• Texas Probate Code Section 293 - Sale To Raise Funds For Family Allowance
  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 ...
• Texas Probate Code Section 294 - Notice By Representative Of Appointment
  (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 ...
• Texas Probate Code Section 295 - Notice To Holders Of Secured Claims
  (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 ...
• Texas Probate Code Section 296 - One Notice Sufficient
  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 ...
• Texas Probate Code Section 297 - Penalty For Failure To Give Notice
  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 ...
• Texas Probate Code Section 298 - Claims Against Estates Of Decedents
  (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 ...
• Texas Probate Code Section 299 - Tolling Of General Statutes Of Limitation
  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 ...
• Texas Probate Code Section 301 - Claims For Money Must Be Authenticated
  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 ...
• Texas Probate Code Section 302 - When Defects Of Form Are Waived
  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 ...
• Texas Probate Code Section 303 - Evidence Concerning Lost Or Destroyed Claims
  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 ...
• Texas Probate Code Section 304 - Authentication Of Claim By Others Than Individual Owners
  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. ...
• Texas Probate Code Section 306 - Method Of Handling Secured Claims For Money
  (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 ...
• Texas Probate Code Section 307 - Claims Providing For Attorney's Fees
  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 ...
• Texas Probate Code Section 308 - Depositing Claims With Clerk
  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 ...
• Texas Probate Code Section 309 - Memorandum Of Allowance Or Rejection Of Claim
  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 ...
• Texas Probate Code Section 310 - Failure To Endorse Or Annex Memorandum
  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 ...
• Texas Probate Code Section 311 - When Claims Entered In Docket
  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 ...
• Texas Probate Code Section 312 - Contest Of Claims, Action By Court, And Appeals
  (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 ...
• Texas Probate Code Section 313 - Suit On Rejected Claim
  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 ...
• Texas Probate Code Section 314 - Presentment Of Claims A Prerequisite For Judgment
  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 ...
• Texas Probate Code Section 315 - Costs Of Suit With Respect To Claims
  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 ...
• Texas Probate Code Section 316 - Claims Against Personal Representatives
  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 ...
• Texas Probate Code Section 317 - Claims By Personal Representatives
  (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 ...
• Texas Probate Code Section 318 - Claims Not Allowed After Order For Partition And Distribution
  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 ...
• Texas Probate Code Section 319 - Claims Not To Be Paid Unless Approved
  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 ...
• Texas Probate Code Section 320 - Order Of Payment Of Claims And Allowances
  (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 ...
• Texas Probate Code Section 320A - Funeral Expenses
  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 ...
• Texas Probate Code Section 321 - Deficiency Of Assets
  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 ...
• Texas Probate Code Section 322 - Classification Of Claims Against Estates Of Decedent
  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 ...
• Texas Probate Code Section 322A - Apportionment Of Taxes
  (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 ...
• Texas Probate Code Section 322B - Abatement Of Bequests
  (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, ...
• Texas Probate Code Section 323 - Joint Obligation
  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 ...
• Texas Probate Code Section 324 - Representatives Not To Purchase Claims
  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 ...
• Texas Probate Code Section 326 - Owner May Obtain Order For Payment
  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 ...
• Texas Probate Code Section 328 - Liability For Nonpayment Of Claims
  (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 ...
• Texas Probate Code Section 329 - Borrowing Money
  (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 ...
• Texas Probate Code Section 331 - Court Must Order Sales
  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 ...
• Texas Probate Code Section 332 - Sales Authorized By Will
  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 ...
• Texas Probate Code Section 333 - Certain Personal Property To Be Sold
  (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 ...
• Texas Probate Code Section 334 - Sales Of Other Personal Property
  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 ...
• Texas Probate Code Section 335 - Special Provisions Pertaining To Livestock
  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 ...
• Texas Probate Code Section 336 - Sales Of Personal Property At Public Auction
  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 ...
• Texas Probate Code Section 337 - Sales Of Personal Property On Credit
  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 ...
• Texas Probate Code Section 338 - Sale Of Mortgaged Property
  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 ...
• Texas Probate Code Section 339 - Sales Of Personal Property To Be Reported; Decree Vests Title
  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 ...
• Texas Probate Code Section 340 - Selection Of Real Property To Be Sold For Payment Of Debts
  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 ...
• Texas Probate Code Section 341 - Application For Sale Of Real Estate
  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: ...
• Texas Probate Code Section 342 - Contents Of Application For Sale Of Real Estate
  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 ...
• Texas Probate Code Section 343 - Setting Of Hearing On Application
  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, ...
• Texas Probate Code Section 344 - Citation And Return On Application
  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 ...
• Texas Probate Code Section 345 - Opposition To Application
  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 ...
• Texas Probate Code Section 346 - Order Of Sale
  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 ...
• Texas Probate Code Section 347 - Procedure When Representative Neglects To Apply For Sale
  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 ...
• Texas Probate Code Section 348 - Permissible Terms Of Sale Of Real 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 ...
• Texas Probate Code Section 349 - Public Sales Of Real Estate
  (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 ...
• Texas Probate Code Section 350 - Private Sales Of Real Estate
  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, ...
• Texas Probate Code Section 351 - Sales Of Easements And Right Of Ways
  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 ...
• Texas Probate Code Section 352 - Representative Purchasing Property Of The Estate
  (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 ...
• Texas Probate Code Section 353 - Reports Of Sale
  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. ...
• Texas Probate Code Section 354 - Bond On Sale Of Real Estate
  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 ...
• Texas Probate Code Section 355 - Action Of Court On Report Of Sale
  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 ...
• Texas Probate Code Section 356 - Deed Conveys Title To Real Estate
  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 ...
• Texas Probate Code Section 357 - Delivery Of Deed, Vendor's And Deed Of Trust Lien
  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 ...
• Texas Probate Code Section 358 - Penalty For Neglect
  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 ...
• Texas Probate Code Section 359 - Hiring Or Renting Without Order Of Court
  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, ...
• Texas Probate Code Section 360 - Liability Of Personal Representative
  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 ...
• Texas Probate Code Section 361 - Order To Hire Or Rent
  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 ...
• Texas Probate Code Section 362 - Procedure In Case Of Neglect To Rent Property
  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 ...
• Texas Probate Code Section 363 - When Property Is Hired Or Rented On Credit
  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 ...
• Texas Probate Code Section 364 - Property Hired Or Rented To Be Returned In Good Condition
  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, ...
• Texas Probate Code Section 365 - Report Of Hiring Or Renting
  (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, ...
• Texas Probate Code Section 366 - Action Of Court On Report
  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 ...
• Texas Probate Code Section 367 - Mineral Leases After Public Notice
  (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 ...
• Texas Probate Code Section 368 - Mineral Leases At Private Sale
  (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, ...
• Texas Probate Code Section 369 - Pooling Or Unitization Of Royalty Or Minerals
  (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 ...
• Texas Probate Code Section 370 - Special Ancillary Instruments Which May Be Executed Without Court Order
  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, ...
• Texas Probate Code Section 371 - Procedure When Representative Of Estate Neglects To Apply For Authority
  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, ...
• Texas Probate Code Section 372 - Validation Of Certain Leases And Pooling Or Unitization Agreements Based On Previous Statutes
  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 ...
• Texas Probate Code Section 373 - Application For Partition And Distribution Of Estates Of Decedents
  (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 ...
• Texas Probate Code Section 374 - Citation Of Interested Persons
  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 ...
• Texas Probate Code Section 375 - Citation Of Executor Or Administrator
  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 ...
• Texas Probate Code Section 377 - Facts To Be Ascertained Upon Hearing
  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, ...
• Texas Probate Code Section 378 - Decree Of The Court
  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 ...
• Texas Probate Code Section 378A - Satisfaction Of Pecuniary Bequests
  (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 ...
• Texas Probate Code Section 378B - Allocation Of Income And Expenses During Administration Of Decedent's Estate
  (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 ...
• Texas Probate Code Section 379 - Partition When Estate Consists Of Money Or Debts Only
  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 ...
• Texas Probate Code Section 380 - Partition And Distribution When Property Is Capable Of Division
  (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 ...
• Texas Probate Code Section 381 - Partition And Distribution When Property Of An Estate Is Incapable Of Division
  (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 ...
• Texas Probate Code Section 382 - Property Located In Another County
  (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 ...
• Texas Probate Code Section 384 - Damages For Neglect To Deliver Property
  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, ...
• Texas Probate Code Section 385 - Partition Of Community Property
  (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 ...
• Texas Probate Code Section 386 - Partition Of Property Jointly Owned
  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 ...
• Texas Probate Code Section 387 - Expense Of Partition
  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 ...
• Texas Probate Code Section 398A - Holding Of Stocks, Bonds And Other Personal Property By Personal Representatives In Name Of Nominee
  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 ...
• Texas Probate Code Section 399 - Annual Accounts Required
  (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 ...
• Texas Probate Code Section 400 - Penalty For Failure To File Annual Account
  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 ...
• Texas Probate Code Section 401 - Action Upon Annual Accounts
  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 ...
• Texas Probate Code Section 402 - Additional Exhibits Of Estates Of Decedents
  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 ...
• Texas Probate Code Section 403 - Penalty For Failure To File Exhibits Or Reports
  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 ...
• Texas Probate Code Section 404 - Closing Administration Of Estates Of Decedents
  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 ...
• Texas Probate Code Section 405 - Account For Final Settlement Of Estates Of Decedents
  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 ...
• Texas Probate Code Section 405A - Delivery Of Property
  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 ...
• Texas Probate Code Section 406 - Procedure In Case Of Neglect Or Failure To File Final Account; Payments Due Meantime
  (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 ...
• Texas Probate Code Section 407 - Citation Upon Presentation Of Account For Final Settlement
  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 ...
• Texas Probate Code Section 408 - Action Of The Court
  (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 ...
• Texas Probate Code Section 409 - Money Becoming Due Pending Final Discharge
  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 ...
• Texas Probate Code Section 410 - Inheritance Taxes Must Be Paid
  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, ...
• Texas Probate Code Section 412 - Offsets, Credits, And Bad Debts
  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 ...
• Texas Probate Code Section 414 - Procedure If Representative Fails To Deliver Estate
  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 ...
• Texas Probate Code Section 427 - When Estates To Be Paid Into State Treasury
  If any person entitled to a portion of an estate, except a resident minor without a guardian, shall not demand his portion from the executor ...
• Texas Probate Code Section 428 - Indispensability Of Comptroller As Party
  The comptroller is an indispensable party to any judicial or administrative proceeding concerning the disposition and handling of any portion of an estate that is ...
• Texas Probate Code Section 429 - Penalty For Neglect To Notify Comptroller
  Any clerk who shall neglect to have served on the comptroller by personal citation a certified copy of any such order within the time prescribed ...
• Texas Probate Code Section 430 - Receipt Of Comptroller
  Whenever an executor or administrator pays the comptroller any funds of the estate he represents, under the preceding provisions of this Code, he shall take ...
• Texas Probate Code Section 431 - Penalty For Failure To Make Payments To Comptroller
  When an executor or administrator fails to pay to the comptroller any funds of an estate which he has been ordered by the court so ...
• Texas Probate Code Section 432 - Comptroller May Enforce Payment And Collect Damages
  The Comptroller shall have the right in the name of the state to apply to the court in which the order for payment was made ...
• Texas Probate Code Section 433 - Suit For The Recovery Of Funds Paid To The Comptroller
  (a) Mode of Recovery. When funds of an estate have been paid to the comptroller, any heir, devisee, or legatee of the estate, or their ...
• Texas Probate Code Section 434 - Repeal Of Laws Supplanted By This Code
  The following statutes and laws of this State are supplanted by the provisions of this Code and are hereby repealed: (a) Title 48 of the ...
• Texas Probate Code Section 435 - Emergency Clause
  The need for revision of the probate statutes of this state creates an emergency and an imperative public necessity that the Constitutional Rule requiring bills ...
• Texas Probate Code Section 471 - Definitions
  In this chapter: (1) "Disposition or appointment of property" includes a transfer of property or provision of any other benefit to a beneficiary under a ...
• Texas Probate Code Section 472 - Revocation Of Certain Nontestamentary Transfers On Dissolution Of Marriage
  (a) Except as otherwise provided by a court order, the express terms of a trust instrument executed by a divorced individual before the individual's marriage ...
• Texas Probate Code Section 473 - Liability For Certain Payments, Benefits, And Property
  (a) A bona fide purchaser of property from a divorced individual's former spouse or a person who receives from a divorced individual's former spouse a .