Texas Estates Code Title 2, Chapter 351 - Powers And Duties Of Personal Representatives In General
SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 351.001 - Applicability Of Common Law
The rights, powers, and duties of executors and administrators are governed by common law principles to the extent that those principles do not conflict with...
- Texas Section 351.002 - Appeal Bond
(a) Except as provided by Subsection (b), an appeal bond is not required if an appeal is taken by an executor or administrator. (b) An...
SUBCHAPTER B GENERAL AUTHORITY OF PERSONAL REPRESENTATIVES
- Texas Section 351.003 - Certain Costs Adjudged Against Personal Representative
If a personal representative neglects to perform a required duty or is removed for cause, the representative and the sureties on the representative's bond are...
- Texas Section 351.051 - Exercise Of Authority Under Court Order
(a) A personal representative of an estate may renew or extend any obligation owed by or to the estate on application and order authorizing the...
- Texas Section 351.052 - Exercise Of Authority Without Court Order
(a) A personal representative of an estate may, without application to or order of the court: (1) release a lien on payment at maturity of...
- Texas Section 351.053 - Authority To Serve Pending Appeal Of Appointment
Pending an appeal from an order or judgment appointing an administrator or temporary administrator, the appointee shall continue to: (1) act as administrator or temporary...
SUBCHAPTER C POSSESSION AND CARE OF ESTATE PROPERTY
- Texas Section 351.054 - Authority To Commence Suits
(a) An executor or administrator appointed in this state may commence a suit for: (1) recovery of personal property, debts, or damages; or (2) title...
- Texas Section 351.101 - Duty Of Care
An executor or administrator of an estate shall take care of estate property as a prudent person would take of that person's own property, and...
- Texas Section 351.102 - Possession Of Personal Property And Records
(a) Immediately after receiving letters testamentary or of administration, the personal representative of an estate shall collect and take possession of the estate's personal property,...
- Texas Section 351.103 - Possession Of Property Held In Common Ownership
If an estate holds or owns any property in common or as part owner with another, the personal representative of the estate is entitled to...
- Texas Section 351.104 - Administration Of Partnership Interest
(a) If a decedent was a partner in a general partnership and the partnership agreement or articles of partnership provide that, on the death of...
SUBCHAPTER D COLLECTION OF CLAIMS; RECOVERY OF PROPERTY
- Texas Section 351.105 - Holding Of Stocks, Bonds, And Other Personal Property In Nominee's Name
(a) Unless otherwise provided by the will, a personal representative of an estate may cause stocks, bonds, and other personal property of the estate to...
- Texas Section 351.151 - Ordinary Diligence Required
(a) If there is a reasonable prospect of collecting the claims or recovering the property of an estate, the personal representative of the estate shall...
- Texas Section 351.152 - Contingent Interest For Certain Attorney's Fees; Court Approval
(a) Except as provided by Subsection (b) and subject only to the approval of the court in which the estate is being administered, a personal...
SUBCHAPTER E OPERATION OF BUSINESS
- Texas Section 351.153 - Recovery Of Certain Expenses
On proof satisfactory to the court, a personal representative of an estate is entitled to all necessary and reasonable expenses incurred by the representative in:...
- Texas Section 351.201 - Definition
In this subchapter, "business" includes a farm, ranch, or factory. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January...
- Texas Section 351.202 - Order Requiring Personal Representative To Operate Business
(a) A court, after notice to all interested persons and a hearing, may order the personal representative of an estate to operate a business that...
- Texas Section 351.203 - Powers Of Personal Representative Regarding Business
(a) A personal representative granted authority to operate a business in an order entered under Section 351.202(a) has the powers granted under Section 351.052, regardless...
- Texas Section 351.204 - Fiduciary Duties Of Personal Representative Regarding Business
(a) A personal representative who operates a business under an order entered under Section 351.202(a) has the same fiduciary duties as a representative who does...
SUBCHAPTER F AUTHORITY TO ENGAGE IN CERTAIN BORROWING
- Texas Section 351.205 - Real Property Of Business; Notice
(a) A personal representative shall file a notice in the real property records of the county in which the real property is located before purchasing,...
- Texas Section 351.251 - Mortgage Or Pledge Of Estate Property Authorized In Certain Circumstances
Under order of the court, a personal representative of an estate may mortgage or pledge by deed of trust or otherwise as security for an...
- Texas Section 351.252 - Application; Order
(a) If necessary to borrow money for a purpose described by Section 351.251 or to create or extend a lien on estate property as security,...
SUBCHAPTER G PAYMENT OF INCOME OF CERTAIN ESTATES DURING ADMINISTRATION
- Texas Section 351.253 - Term Of Loan Or Lien Extension
Except as otherwise provided by this section, the term of a loan or lien renewal authorized under Section 351.252 may not exceed a period of...
- Texas Section 351.301 - Applicability Of Subchapter
This subchapter applies only to the estate of a decedent that is being administered under the direction, control, and orders of a court in the...
- Texas Section 351.302 - Application And Order For Payment Of Certain Estate Income
(a) On the application of the executor or administrator of an estate or of any interested party, and after notice of the application has been...
SUBCHAPTER H CERTAIN ADMINISTERED ESTATES
- Texas Section 351.303 - Treatment Of Certain Amounts Received From Mineral Lease
For the purposes of this subchapter, bonuses, rentals, and royalties received for or from an oil, gas, or other mineral lease shall be treated as...
- Texas Section 351.351 - Applicability
This subchapter does not apply to: (1) the appointment of an independent executor or administrator under Section 401.002 or 401.003(a); or (2) the appointment of...
- Texas Section 351.352 - Ensuring Compliance With Law
A county or probate court shall use reasonable diligence to see that personal representatives of estates administered under court orders and other officers of the...
- Texas Section 351.353 - Annual Examination Of Certain Estates; Bond Of Personal Representative
For each estate administered under orders of a county or probate court, the judge shall, if the judge considers it necessary, annually examine the condition...
- Texas Section 351.354 - Judge's Liability
A judge is liable on the judge's bond to those damaged if damage or loss results to an estate administered under orders of a county...
- Texas Section 351.355 - Identifying Information
(a) The court may request an applicant or court-appointed fiduciary to produce other information identifying an applicant, decedent, or personal representative, including a social security...
Last modified: September 28, 2016