Texas Estates Code Title 2, Chapter 353 - Exempt Property And Family Allowance

SUBCHAPTER A GENERAL PROVISIONS

SUBCHAPTER B EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT PROPERTY

• Texas Section 353.001 - Treatment Of Certain Children
  For purposes of distributing exempt property and making a family allowance, a child is a child of his or her mother and a child of...
• Texas Section 353.051 - Exempt Property To Be Set Aside
  (a) Unless an application and verified affidavit are filed as provided by Subsection (b), immediately after the inventory, appraisement, and list of claims of an...
• Texas Section 353.052 - Delivery Of Exempt Property
  (a) This section only applies to exempt property described by Section 353.051(a). (a-1) The executor or administrator of an estate shall deliver, without delay, exempt...
• Texas Section 353.053 - Allowance In Lieu Of Exempt Property
  (a) If all or any of the specific articles of exempt property described by Section 353.051(a) are not among the decedent's effects, the court shall...
• Texas Section 353.054 - Payment Of Allowance In Lieu Of Exempt Property
  (a) The executor or administrator of an estate shall pay an allowance in lieu of exempt property in accordance with this section. (b) If there...
• Texas Section 353.055 - Method Of Paying Allowance In Lieu Of Exempt Property
  (a) An allowance in lieu of any exempt property shall be paid in the manner selected by the decedent's surviving spouse or children of legal...

SUBCHAPTER C FAMILY ALLOWANCE

• Texas Section 353.056 - Sale Of Property To Raise Funds For Allowance In Lieu Of Exempt Property
  (a) On the written application of the decedent's surviving spouse and children, or of a person authorized to represent any of those children, the court...
• Texas Section 353.101 - Family Allowance
  (a) Unless an application and verified affidavit are filed as provided by Subsection (b), immediately after the inventory, appraisement, and list of claims of an...
• Texas Section 353.102 - Amount And Method Of Payment Of Family Allowance
  (a) The amount of the family allowance must be sufficient for the maintenance of the decedent's surviving spouse, minor children, and adult incapacitated children for...
• Texas Section 353.103 - Order Fixing Family Allowance
  When a family allowance has been fixed, the court shall enter an order that: (1) states the amount of the allowance; (2) provides how the...
• Texas Section 353.104 - Preference Of Family Allowance
  The family allowance made for the support of the decedent's surviving spouse, minor children, and adult incapacitated children shall be paid in preference to all...
• Texas Section 353.105 - Payment Of Family Allowance
  (a) The executor or administrator of an estate shall apportion and pay the family allowance in accordance with this section. (b) If there is a...
• Texas Section 353.106 - Surviving Spouse, Minor Children, Or Adult Incapacitated Children May Take Personal Property For Family Allowance
  (a) A decedent's surviving spouse, the guardian of the decedent's minor children, or the guardian of an adult incapacitated child of the decedent or another...

SUBCHAPTER D LIENS ON AND DISPOSITION OF EXEMPT PROPERTY AND PROPERTY TAKEN AS ALLOWANCE

• Texas Section 353.107 - Sale Of Estate Property To Raise Funds For Family Allowance
  (a) The court shall, as soon as the inventory, appraisement, and list of claims are returned and approved or the affidavit in lieu of the...
• Texas Section 353.151 - Liens
  (a) This section applies to all estates, whether solvent or insolvent. (b) If property on which there is a valid subsisting lien or encumbrance is...
• Texas Section 353.152 - Distribution Of Exempt Property Of Solvent Estate
  If on final settlement of an estate it appears that the estate is solvent, the exempt property, other than the homestead or any allowance made...
• Texas Section 353.153 - Title To Property Of Insolvent Estate
  If on final settlement an estate proves to be insolvent, the decedent's surviving spouse and children have absolute title to all property and allowances set...
• Texas Section 353.154 - Certain Property Not Considered In Determining Solvency
  In determining whether an estate is solvent or insolvent, the exempt property set aside for the decedent's surviving spouse or children, any allowance made in...
• Texas Section 353.155 - Exempt Property Liable For Certain Debts
  The exempt property, other than the homestead or any allowance made in lieu of the homestead: (1) is liable for the payment of Class 1...

Last modified: September 28, 2016