Texas Estates Code Title 2, Chapter 255 - Construction And Interpretation Of Wills

• Texas Section 255.001 - Definitions
  In this subchapter: (1) "Contents" means tangible personal property, other than titled personal property, found inside of or on a specifically devised item. The term...
• Texas Section 255.002 - Certain Personal Property Excluded From Devise Of Real Property
  A devise of real property does not include any personal property located on, or associated with, the real property or any contents of personal property...

SUBCHAPTER B SUCCESSION BY PRETERMITTED CHILD

• Texas Section 255.003 - Contents Excluded From Legacy Of Personal Property
  A legacy of personal property does not include any contents of the property unless the will directs that the contents are included in the legacy....
• Texas Section 255.051 - Definition
  In this subchapter, "pretermitted child" means a testator's child who is born or adopted: (1) during the testator's lifetime or after the testator's death; and...
• Texas Section 255.052 - Applicability And Construction
  (a) Sections 255.053 and 255.054 apply only to a pretermitted child who is not: (1) mentioned in the testator's will; (2) provided for in the...
• Texas Section 255.053 - Succession By Pretermitted Child If Testator Has Living Child At Will's Execution
  (a) If no provision is made in the testator's last will for any child of the testator who is living when the testator executes the...
• Texas Section 255.054 - Succession By Pretermitted Child If Testator Has No Living Child At Will's Execution
  If a testator has no child living when the testator executes the testator's last will, a pretermitted child succeeds to the portion of the testator's...
• Texas Section 255.055 - Ratable Recovery By Pretermitted Child From Portions Passing To Other Beneficiaries
  (a) A pretermitted child may recover the share of the testator's estate to which the child is entitled from the testator's other children under Section...

SUBCHAPTER C LIFETIME GIFTS AS SATISFACTION OF DEVISE

• Texas Section 255.056 - Limitation On Reduction Of Estate Passing To Surviving Spouse
  If a pretermitted child's other parent is not the surviving spouse of the testator, the portion of the testator's estate to which the pretermitted child...
• Texas Section 255.101 - Certain Lifetime Gifts Considered Satisfaction Of Devise
  Property that a testator gives to a person during the testator's lifetime is considered a satisfaction, either wholly or partly, of a devise to the...

SUBCHAPTER D FAILURE OF DEVISE; DISPOSITION OF PROPERTY TO DEVISEE WHO PREDECEASES TESTATOR

• Texas Section 255.102 - Valuation Of Property
  Property given in partial satisfaction of a devise shall be valued as of the earlier of: (1) the date the devisee acquires possession of or...
• Texas Section 255.151 - Applicability Of Subchapter
  This subchapter applies unless the testator's last will and testament provides otherwise. For example, a devise in the testator's will stating "to my surviving children"...
• Texas Section 255.152 - Failure Of Devise; Effect On Residuary Estate
  (a) Except as provided by Sections 255.153 and 255.154, if a devise, other than a residuary devise, fails for any reason, the devise becomes a...
• Texas Section 255.153 - Disposition Of Property To Certain Devisees Who Predecease Testator
  (a) If a devisee who is a descendant of the testator or a descendant of a testator's parent is deceased at the time the will...

SUBCHAPTER F DEVISE OF SECURITIES

• Texas Section 255.154 - Devisee Under Class Gift
  For purposes of this subchapter, a person who would have been a devisee under a class gift if the person had survived the testator is...
• Texas Section 255.251 - Definitions
  In this subchapter: (1) "Securities" has the meaning assigned by Section 4, The Securities Act (Article 581-4, Vernon's Texas Civil Statutes). (2) "Stock" means securities....
• Texas Section 255.252 - Increase In Securities; Accessions
  Unless the will of a testator clearly provides otherwise, a devise of securities that are owned by the testator on the date the will is...

SUBCHAPTER G EXONERATION OF DEBTS SECURED BY SPECIFIC DEVISES

• Texas Section 255.253 - Cash Distribution Not Included In Devise
  Unless the will of a testator clearly provides otherwise, a devise of securities does not include a cash distribution relating to the securities that accrues...
• Texas Section 255.301 - No Right To Exoneration Of Debts
  Except as provided by Section 255.302, a specific devise passes to the devisee subject to each debt secured by the property that exists on the...
• Texas Section 255.302 - Exception
  A specific devise does not pass to the devisee subject to a debt described by Section 255.301 if the will in which the devise is...
• Texas Section 255.303 - Rights Of Certain Creditors And Other Persons
  (a) Section 255.301 does not affect the rights of creditors provided under this title or the rights of other persons or entities provided under Chapters...

SUBCHAPTER H EXERCISE OF POWER OF APPOINTMENT THROUGH WILL

• Texas Section 255.304 - Applicability Of Subchapter
  This subchapter is applicable only to wills executed on or after September 1, 2005. Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995),...

SUBCHAPTER I CLASS GIFTS

• Texas Section 255.351 - Exercise Of Power Of Appointment Through Will
  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...

SUBCHAPTER J JUDICIAL MODIFICATION OR REFORMATION

• Texas Section 255.401 - Posthumous Class Gift Membership
  (a) A right to take as a member under a class gift does not accrue to any person unless the person is born before, or...
• Texas Section 255.451 - Circumstances Under Which Will May Be Modified Or Reformed
  (a) On the petition of a personal representative, a court may order that the terms of the will be modified or reformed, that the personal...
• Texas Section 255.452 - Judicial Discretion
  The court shall exercise the court's discretion to order a modification or reformation under this subchapter in the manner that conforms as nearly as possible...
• Texas Section 255.453 - Retroactive Effect
  The court may direct that an order described by this subchapter has retroactive effect. Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995),...
• Texas Section 255.454 - Powers Cumulative
  This subchapter does not limit a court's powers under other law, including the power to modify, reform, or terminate a testamentary trust under Section 112.054,...
• Texas Section 255.455 - Duties And Liability Of Personal Representative Under Subchapter
  (a) This subchapter does not create or imply a duty for a personal representative to: (1) petition a court for modification or reformation of a...

Last modified: September 28, 2016