Texas 2009 - 81st Regular

Texas House Bill HB2502 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2502
2	2
3	3
4	4	AN ACT
5	5	relating to the adoption of a nonsubstantive revision of provisions
6	6	of the Texas Probate Code relating to decedents' estates and the
7	7	redesignation of certain other provisions of the Texas Probate
8	8	Code, including conforming amendments and repeals.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. ESTATES CODE. The Estates Code is adopted to
11	11	read as follows:
12	12	ESTATES CODE
13	13	TITLE 1. GENERAL PROVISIONS
14	14	CHAPTER 21. PURPOSE AND CONSTRUCTION
15	15	CHAPTER 22. DEFINITIONS
16	16	[Chapters 23-30 reserved for expansion]
17	17	TITLE 2. ESTATES OF DECEDENTS
18	18	SUBTITLE A. SCOPE, JURISDICTION, AND COURTS
19	19	[Chapters 31-50 reserved for expansion]
20	20	SUBTITLE B. PROCEDURAL MATTERS
21	21	CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS
22	22	IN GENERAL
23	23	CHAPTER 52. FILING AND RECORDKEEPING
24	24	CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
25	25	CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
26	26	CHAPTER 55. COMPLAINTS AND CONTESTS
27	27	CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL
28	28	REPRESENTATIVE FOR SERVICE OF PROCESS
29	29	[Chapters 57-100 reserved for expansion]
30	30	SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION
31	31	OF DECEDENTS' PROPERTY IN GENERAL
32	32	CHAPTER 101. ESTATE ASSETS IN GENERAL
33	33	CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
34	34	[Chapters 103-110 reserved for expansion]
35	35	CHAPTER 111. NONPROBATE ASSETS IN GENERAL
36	36	CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
37	37	CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
38	38	[Chapters 114-120 reserved for expansion]
39	39	CHAPTER 121. SURVIVAL REQUIREMENTS
40	40	CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
41	41	CHAPTER 123. DISSOLUTION OF MARRIAGE
42	42	CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
43	43	[Chapters 125-150 reserved for expansion]
44	44	SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE
45	45	CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
46	46	CHAPTER 152. EMERGENCY INTERVENTION
47	47	[Chapters 153-200 reserved for expansion]
48	48	SUBTITLE E. INTESTATE SUCCESSION
49	49	CHAPTER 201. DESCENT AND DISTRIBUTION
50	50	CHAPTER 202. DETERMINATION OF HEIRSHIP
51	51	CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
52	52	CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
53	53	CHAPTER 205. SMALL ESTATE AFFIDAVIT
54	54	[Chapters 206-250 reserved for expansion]
55	55	SUBTITLE F. WILLS
56	56	CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS
57	57	RELATING TO WILLS
58	58	CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
59	59	CHAPTER 253. CHANGE AND REVOCATION OF WILLS
60	60	CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS
61	61	RELATING TO, WILLS
62	62	CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
63	63	CHAPTER 256. PROBATE OF WILLS GENERALLY
64	64	CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
65	65	CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
66	66	[Chapters 259-300 reserved for expansion]
67	67	SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE
68	68	AND OPENING OF ADMINISTRATION
69	69	CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY
70	70	OR OF ADMINISTRATION
71	71	[Chapter 302 reserved for expansion]
72	72	CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING
73	73	OF ADMINISTRATION
74	74	CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
75	75	CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
76	76	CHAPTER 306. GRANTING AND ISSUANCE OF LETTERS
77	77	CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND
78	78	ADMINISTRATORS
79	79	CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
80	80	CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
81	81	CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
82	82	[Chapters 311-350 reserved for expansion]
83	83	SUBTITLE H. CONTINUATION OF ADMINISTRATION
84	84	CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES
85	85	IN GENERAL
86	86	CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL
87	87	REPRESENTATIVES AND OTHERS
88	88	CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
89	89	CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM
90	90	ADMINISTRATION OF, CERTAIN ESTATES
91	91	CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
92	92	CHAPTER 356. SALE OF ESTATE PROPERTY
93	93	CHAPTER 357. RENTING ESTATE PROPERTY
94	94	CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
95	95	CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
96	96	CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
97	97	CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL
98	98	REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
99	99	CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
100	100	[Chapters 363-400 reserved for expansion]
101	101	SUBTITLE I. INDEPENDENT ADMINISTRATION
102	102	[Chapters 401-450 reserved for expansion]
103	103	SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION
104	104	OF CERTAIN ESTATES
105	105	CHAPTER 451. ORDER OF NO ADMINISTRATION
106	106	CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
107	107	CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
108	108	CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
109	109	[Chapters 455-500 reserved for expansion]
110	110	SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY
111	111	INSTRUMENTS, AND FIDUCIARIES
112	112	CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
113	113	CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
114	114	CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
115	115	CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN
116	116	TESTAMENTARY INSTRUMENT
117	117	CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES,
118	118	AND FIDUCIARIES
119	119	[Chapters 506-550 reserved for expansion]
120	120	SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY
121	121	CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
122	122	[Chapters 552-600 reserved for expansion]
123	123	SUBTITLE M. DURABLE POWERS OF ATTORNEY
124	124	[Chapters 601-650 reserved for expansion]
125	125	[Subtitles N-W reserved for expansion]
126	126	SUBTITLE X. TEXAS PROBATE CODE: SCOPE, JURISDICTION,
127	127	AND COURTS
128	128	CHAPTER I. GENERAL PROVISIONS
129	129	[Reserved for expansion]
130	130	SUBTITLE Y. TEXAS PROBATE CODE: INDEPENDENT ADMINISTRATION
131	131	CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION
132	132	PART 4. INDEPENDENT ADMINISTRATION
133	133	[Reserved for expansion]
134	134	SUBTITLE Z. TEXAS PROBATE CODE: DURABLE POWERS OF ATTORNEY
135	135	[Reserved for expansion]
136	136	[Titles 3-24 reserved for expansion]
137	137	TITLE 25. TEXAS PROBATE CODE: GUARDIANSHIP
138	138	[Reserved for expansion]
139	139	TITLE 1. GENERAL PROVISIONS
140	140	CHAPTER 21. PURPOSE AND CONSTRUCTION
141	141	Sec. 21.001. PURPOSE OF CODE
142	142	Sec. 21.002. CONSTRUCTION
143	143	Sec. 21.003. STATUTORY REFERENCES
144	144	Sec. 21.004. EFFECT OF DIVISION OF LAW
145	145	Sec. 21.005. APPLICABILITY OF CERTAIN LAWS
146	146	Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS
147	147	CHAPTER 21. PURPOSE AND CONSTRUCTION
148	148	Sec. 21.001. PURPOSE OF CODE. (a) This title and Subtitles
149	149	A through M, Title 2, are enacted as a part of the state's
150	150	continuing statutory revision program, begun by the Texas
151	151	Legislative Council in 1963 as directed by the legislature in the
152	152	law codified as Section 323.007, Government Code. The program
153	153	contemplates a topic-by-topic revision of the state's general and
154	154	permanent statute law without substantive change.
155	155	(b) Consistent with the objectives of the statutory
156	156	revision program, the purpose of this title and Subtitles A through
157	157	M, Title 2, is to make the law encompassed by this title and
158	158	Subtitles A through M, Title 2, more accessible and understandable
159	159	by:
160	160	(1) rearranging the statutes into a more logical
161	161	order;
162	162	(2) employing a format and numbering system designed
163	163	to facilitate citation of the law and to accommodate future
164	164	expansion of the law;
165	165	(3) eliminating repealed, duplicative,
166	166	unconstitutional, expired, executed, and other ineffective
167	167	provisions; and
168	168	(4) restating the law in modern American English to
169	169	the greatest extent possible.
170	170	(c) The provisions of Subtitles X, Y, and Z of Title 2 and
171	171	Title 25 are transferred from the Texas Probate Code and
172	172	redesignated as part of this code, but are not revised as part of
173	173	the state's continuing statutory revision program. (New.)
174	174	Sec. 21.002. CONSTRUCTION. Except as provided by Section
175	175	22.027, Chapter 311, Government Code (Code Construction Act),
176	176	applies to the construction of a provision of this title or Subtitle
177	177	A, B, C, D, E, F, G, H, I, J, K, L, or M, Title 2. That chapter does
178	178	not apply to the construction of a provision of Subtitle X, Y, or Z
179	179	of Title 2 or Title 25. (New.)
180	180	Sec. 21.003. STATUTORY REFERENCES. (a) A reference in a law
181	181	other than in this code to a statute or a part of a statute revised
182	182	by, or redesignated as part of, this code is considered to be a
183	183	reference to the part of this code that revises that statute or part
184	184	of that statute or contains the redesignated statute or part of the
185	185	statute, as applicable.
186	186	(b) A reference in Subtitle X, Y, or Z, Title 2, or Title 25
187	187	to a chapter, a part, a subpart, a section, or any portion of a
188	188	section "of this code" is a reference to the chapter, part, subpart,
189	189	section, or portion of a section as redesignated in the Estates
190	190	Code, except that:
191	191	(1) a reference in Subtitle X, Y, or Z, Title 2, or
192	192	Title 25 to Chapter I is a reference to Chapter I, Estates Code, and
193	193	to the revision of sections derived from Chapter I, Texas Probate
194	194	Code, and any reenactments and amendments to those sections; and
195	195	(2) a reference in Subtitle X, Y, or Z, Title 2, or
196	196	Title 25 to a chapter, part, subpart, section, or portion of a
197	197	section that does not exist in the Estates Code is a reference to
198	198	the revision of the corresponding chapter, part, subpart, section,
199	199	or portion of a section of the Texas Probate Code and any
200	200	reenactments or amendments. (New.)
201	201	Sec. 21.004. EFFECT OF DIVISION OF LAW. The division of
202	202	this code into titles, subtitles, chapters, subchapters, parts,
203	203	subparts, sections, subsections, subdivisions, paragraphs, and
204	204	subparagraphs is for convenience and does not have any legal
205	205	effect. (Tex. Prob. Code, Sec. 2(c); New.)
206	206	Sec. 21.005. APPLICABILITY OF CERTAIN LAWS.
207	207	Notwithstanding Section 21.002 of this code and Section 311.002,
208	208	Government Code:
209	209	(1) Section 311.032(c), Government Code, applies to
210	210	Subtitles X, Y, and Z of Title 2 and Title 25; and
211	211	(2) Sections 311.005(4) and 311.012(b) and (c),
212	212	Government Code, apply to Subtitles X, Y, and Z of Title 2. (New.)
213	213	Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS. The
214	214	procedure prescribed by Title 2 governs all probate proceedings.
215	215	(Tex. Prob. Code, Sec. 2(a) (part).)
216	216	CHAPTER 22. DEFINITIONS
217	217	Sec. 22.001. APPLICABILITY OF DEFINITIONS
218	218	Sec. 22.002. AUTHORIZED CORPORATE SURETY
219	219	Sec. 22.003. CHARITABLE ORGANIZATION
220	220	Sec. 22.004. CHILD
221	221	Sec. 22.005. CLAIMS
222	222	Sec. 22.006. CORPORATE FIDUCIARY
223	223	Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND
224	224	STATUTORY PROBATE COURT
225	225	Sec. 22.008. DEVISE
226	226	Sec. 22.009. DEVISEE
227	227	Sec. 22.010. DISTRIBUTEE
228	228	Sec. 22.011. DOCKET
229	229	Sec. 22.012. ESTATE
230	230	Sec. 22.013. EXEMPT PROPERTY
231	231	Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE
232	232	Sec. 22.015. HEIR
233	233	Sec. 22.016. INCAPACITATED PERSON
234	234	Sec. 22.017. INDEPENDENT EXECUTOR
235	235	Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED
236	236	Sec. 22.019. JUDGE
237	237	Sec. 22.020. LEGACY
238	238	Sec. 22.021. LEGATEE
239	239	Sec. 22.022. MINOR
240	240	Sec. 22.023. MINUTES
241	241	Sec. 22.024. MORTGAGE; LIEN
242	242	Sec. 22.025. NET ESTATE
243	243	Sec. 22.026. NEXT OF KIN
244	244	Sec. 22.027. PERSON
245	245	Sec. 22.028. PERSONAL PROPERTY
246	246	Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS;
247	247	PROBATE
248	248	Sec. 22.030. REAL PROPERTY
249	249	Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE
250	250	Sec. 22.032. SURETY
251	251	Sec. 22.033. WARD
252	252	Sec. 22.034. WILL
253	253	CHAPTER 22. DEFINITIONS
254	254	Sec. 22.001. APPLICABILITY OF DEFINITIONS. (a) Except as
255	255	provided by Subsection (b), the definition for a term provided by
256	256	this chapter applies in this code unless a different meaning of the
257	257	term is otherwise apparent from the context in which the term is
258	258	used.
259	259	(b) If Chapter XIII provides a definition for a term that is
260	260	different from the definition provided by this chapter, the
261	261	definition for the term provided by Chapter XIII applies in that
262	262	chapter. (Tex. Prob. Code, Sec. 3 (part).)
263	263	Sec. 22.002. AUTHORIZED CORPORATE SURETY. "Authorized
264	264	corporate surety" means a domestic or foreign corporation
265	265	authorized to engage in business in this state for the purpose of
266	266	issuing surety, guaranty, or indemnity bonds that guarantee the
267	267	fidelity of an executor or administrator. (Tex. Prob. Code, Sec.
268	268	3(a).)
269	269	Sec. 22.003. CHARITABLE ORGANIZATION. "Charitable
270	270	organization" means:
271	271	(1) a nonprofit corporation, trust, community chest,
272	272	fund, foundation, or other entity that is:
273	273	(A) exempt from federal income tax under Section
274	274	501(a), Internal Revenue Code of 1986, by being described by
275	275	Section 501(c)(3) of that code; and
276	276	(B) organized and operated exclusively for:
277	277	(i) religious, charitable, scientific,
278	278	educational, or literary purposes;
279	279	(ii) testing for public safety;
280	280	(iii) preventing cruelty to children or
281	281	animals; or
282	282	(iv) promoting amateur sports competition;
283	283	or
284	284	(2) any other entity that is organized and operated
285	285	exclusively for the purposes listed in Section 501(c)(3), Internal
286	286	Revenue Code of 1986. (Tex. Prob. Code, Sec. 3(kk).)
287	287	Sec. 22.004. CHILD. (a) "Child" includes an adopted child,
288	288	regardless of whether the adoption occurred through:
289	289	(1) an existing or former statutory procedure; or
290	290	(2) acts of estoppel.
291	291	(b) The term "child" does not include a child who does not
292	292	have a presumed father unless a provision of this code expressly
293	293	states that a child who does not have a presumed father is included.
294	294	(Tex. Prob. Code, Sec. 3(b).)
295	295	Sec. 22.005. CLAIMS. "Claims" includes:
296	296	(1) liabilities of a decedent that survive the
297	297	decedent's death, including taxes, regardless of whether the
298	298	liabilities arise in contract or tort or otherwise;
299	299	(2) funeral expenses;
300	300	(3) the expense of a tombstone;
301	301	(4) expenses of administration;
302	302	(5) estate and inheritance taxes; and
303	303	(6) debts due such estates. (Tex. Prob. Code, Sec.
304	304	3(c).)
305	305	Sec. 22.006. CORPORATE FIDUCIARY. "Corporate fiduciary"
306	306	means a financial institution, as defined by Section 201.101,
307	307	Finance Code, that:
308	308	(1) is existing or engaged in business under the laws
309	309	of this state, another state, or the United States;
310	310	(2) has trust powers; and
311	311	(3) is authorized by law to act under the order or
312	312	appointment of a court of record, without giving bond, as receiver,
313	313	trustee, executor, administrator, or, although the financial
314	314	institution does not have general depository powers, depository for
315	315	any money paid into the court, or to become sole guarantor or surety
316	316	in or on any bond required to be given under the laws of this state.
317	317	(Tex. Prob. Code, Sec. 3(d).)
318	318	Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND
319	319	STATUTORY PROBATE COURT. (a) "Court" means and includes:
320	320	(1) a county court in the exercise of its probate
321	321	jurisdiction;
322	322	(2) a court created by statute and authorized to
323	323	exercise original probate jurisdiction; and
324	324	(3) a district court exercising original probate
325	325	jurisdiction in a contested matter.
326	326	(b) The terms "county court" and "probate court" are
327	327	synonymous and mean:
328	328	(1) a county court in the exercise of its probate
329	329	jurisdiction;
330	330	(2) a court created by statute and authorized to
331	331	exercise original probate jurisdiction; and
332	332	(3) a district court exercising probate jurisdiction
333	333	in a contested matter.
334	334	(c) "Statutory probate court" means a court created by
335	335	statute and designated as a statutory probate court under Chapter
336	336	25, Government Code. For purposes of this code, the term does not
337	337	include a county court at law exercising probate jurisdiction
338	338	unless the court is designated a statutory probate court under
339	339	Chapter 25, Government Code. (Tex. Prob. Code, Secs. 3(e), (g),
340	340	(ii).)
341	341	Sec. 22.008. DEVISE. "Devise":
342	342	(1) used as a noun, includes a testamentary
343	343	disposition of real property, personal property, or both; and
344	344	(2) used as a verb, means to dispose of real property,
345	345	personal property, or both, by will. (Tex. Prob. Code, Sec. 3(h).)
346	346	Sec. 22.009. DEVISEE. "Devisee" includes a legatee. (Tex.
347	347	Prob. Code, Sec. 3(i).)
348	348	Sec. 22.010. DISTRIBUTEE. "Distributee" means a person who
349	349	is entitled to a part of the estate of a decedent under a lawful will
350	350	or the statutes of descent and distribution. (Tex. Prob. Code, Sec.
351	351	3(j).)
352	352	Sec. 22.011. DOCKET. "Docket" means the probate docket.
353	353	(Tex. Prob. Code, Sec. 3(k).)
354	354	Sec. 22.012. ESTATE. "Estate" means a decedent's property,
355	355	as that property:
356	356	(1) exists originally and as the property changes in
357	357	form by sale, reinvestment, or otherwise;
358	358	(2) is augmented by any accretions and other additions
359	359	to the property, including any property to be distributed to the
360	360	decedent's representative by the trustee of a trust that terminates
361	361	on the decedent's death, and substitutions for the property; and
362	362	(3) is diminished by any decreases in or distributions
363	363	from the property. (Tex. Prob. Code, Sec. 3(l).)
364	364	Sec. 22.013. EXEMPT PROPERTY. "Exempt property" means the
365	365	property in a decedent's estate that is exempt from execution or
366	366	forced sale by the constitution or laws of this state, and any
367	367	allowance paid instead of that property. (Tex. Prob. Code, Sec.
368	368	3(m).)
369	369	Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE.
370	370	"Governmental agency of the state" means:
371	371	(1) a municipality;
372	372	(2) a county;
373	373	(3) a public school district;
374	374	(4) a special-purpose district or authority;
375	375	(5) a board, commission, department, office, or other
376	376	agency in the executive branch of state government, including an
377	377	institution of higher education, as defined by Section 61.003,
378	378	Education Code;
379	379	(6) the legislature or a legislative agency;
380	380	(7) the supreme court, the court of criminal appeals,
381	381	a court of appeals, or a district, county, or justice of the peace
382	382	court;
383	383	(8) a judicial agency having statewide jurisdiction;
384	384	and
385	385	(9) the State Bar of Texas. (Tex. Prob. Code, Sec.
386	386	3(ll).)
387	387	Sec. 22.015. HEIR. "Heir" means a person who is entitled
388	388	under the statutes of descent and distribution to a part of the
389	389	estate of a decedent who dies intestate. The term includes the
390	390	decedent's surviving spouse. (Tex. Prob. Code, Sec. 3(o).)
391	391	Sec. 22.016. INCAPACITATED PERSON. A person is
392	392	"incapacitated" if the person:
393	393	(1) is a minor;
394	394	(2) is an adult who, because of a physical or mental
395	395	condition, is substantially unable to:
396	396	(A) provide food, clothing, or shelter for
397	397	himself or herself;
398	398	(B) care for the person's own physical health; or
399	399	(C) manage the person's own financial affairs; or
400	400	(3) must have a guardian appointed for the person to
401	401	receive funds due the person from a governmental source. (Tex.
402	402	Prob. Code, Sec. 3(p).)
403	403	Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor"
404	404	means the personal representative of an estate under independent
405	405	administration as provided by Section 145. The term includes an
406	406	independent administrator. (Tex. Prob. Code, Sec. 3(q).)
407	407	Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED.
408	408	"Interested person" or "person interested" means:
409	409	(1) an heir, devisee, spouse, creditor, or any other
410	410	having a property right in or claim against an estate being
411	411	administered; and
412	412	(2) anyone interested in the welfare of an
413	413	incapacitated person, including a minor. (Tex. Prob. Code, Sec.
414	414	3(r).)
415	415	Sec. 22.019. JUDGE. "Judge" means the presiding judge of
416	416	any court having original jurisdiction over probate proceedings,
417	417	regardless of whether the court is:
418	418	(1) a county court in the exercise of its probate
419	419	jurisdiction;
420	420	(2) a court created by statute and authorized to
421	421	exercise probate jurisdiction; or
422	422	(3) a district court exercising probate jurisdiction
423	423	in a contested matter. (Tex. Prob. Code, Sec. 3(f).)
424	424	Sec. 22.020. LEGACY. "Legacy" includes a gift or devise of
425	425	real or personal property made by a will. (Tex. Prob. Code, Sec.
426	426	3(s) (part).)
427	427	Sec. 22.021. LEGATEE. "Legatee" includes a person who is
428	428	entitled to a legacy under a will. (Tex. Prob. Code, Sec. 3(s)
429	429	(part).)
430	430	Sec. 22.022. MINOR. "Minor" means a person younger than 18
431	431	years of age who:
432	432	(1) has never been married; and
433	433	(2) has not had the disabilities of minority removed
434	434	for general purposes. (Tex. Prob. Code, Sec. 3(t).)
435	435	Sec. 22.023. MINUTES. "Minutes" means the probate minutes.
436	436	(Tex. Prob. Code, Sec. 3(u).)
437	437	Sec. 22.024. MORTGAGE; LIEN. "Mortgage" and "lien"
438	438	include:
439	439	(1) a deed of trust;
440	440	(2) a vendor's lien, a mechanic's, materialman's, or
441	441	laborer's lien, an attachment or garnishment lien, and a federal or
442	442	state tax lien;
443	443	(3) a chattel mortgage;
444	444	(4) a judgment; and
445	445	(5) a pledge by hypothecation. (Tex. Prob. Code, Sec.
446	446	3(v).)
447	447	Sec. 22.025. NET ESTATE. "Net estate" means a decedent's
448	448	property excluding:
449	449	(1) homestead rights;
450	450	(2) exempt property;
451	451	(3) the family allowance; and
452	452	(4) an enforceable claim against the decedent's
453	453	estate. (Tex. Prob. Code, Sec. 3(w).)
454	454	Sec. 22.026. NEXT OF KIN. "Next of kin" includes:
455	455	(1) an adopted child or the adopted child's
456	456	descendants; and
457	457	(2) the adoptive parent of the adopted child. (Tex.
458	458	Prob. Code, Sec. 3(jj).)
459	459	Sec. 22.027. PERSON. (a) "Person" includes a natural
460	460	person and a corporation.
461	461	(b) The definition of "person" assigned by Section 311.005,
462	462	Government Code, does not apply to any provision in this code.
463	463	(Tex. Prob. Code, Sec. 3(x); New.)
464	464	Sec. 22.028. PERSONAL PROPERTY. "Personal property"
465	465	includes an interest in:
466	466	(1) goods;
467	467	(2) money;
468	468	(3) a chose in action;
469	469	(4) an evidence of debt; and
470	470	(5) a real chattel. (Tex. Prob. Code, Sec. 3(z).)
471	471	Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS;
472	472	PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE. The terms "probate
473	473	matter," "probate proceedings," "proceeding in probate," and
474	474	"proceedings for probate" are synonymous and include a matter or
475	475	proceeding relating to a decedent's estate. (Tex. Prob. Code, Sec.
476	476	3(bb).)
477	477	Sec. 22.030. REAL PROPERTY. "Real property" includes
478	478	estates and interests in land, whether corporeal or incorporeal or
479	479	legal or equitable. The term does not include a real chattel.
480	480	(Tex. Prob. Code, Sec. 3(dd).)
481	481	Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE. (a)
482	482	"Representative" and "personal representative" include:
483	483	(1) an executor and independent executor;
484	484	(2) an administrator, independent administrator, and
485	485	temporary administrator; and
486	486	(3) a successor to an executor or administrator listed
487	487	in Subdivision (1) or (2).
488	488	(b) The inclusion of an independent executor in Subsection
489	489	(a) may not be construed to subject an independent executor to the
490	490	control of the courts in probate matters with respect to settlement
491	491	of estates, except as expressly provided by law. (Tex. Prob. Code,
492	492	Sec. 3(aa).)
493	493	Sec. 22.032. SURETY. "Surety" includes a personal surety
494	494	and a corporate surety. (Tex. Prob. Code, Sec. 3(ee).)
495	495	Sec. 22.033. WARD. "Ward" means a person for whom a
496	496	guardian has been appointed. (Tex. Prob. Code, Sec. 3(mm).)
497	497	Sec. 22.034. WILL. "Will" includes:
498	498	(1) a codicil; and
499	499	(2) a testamentary instrument that merely:
500	500	(A) appoints an executor or guardian;
501	501	(B) directs how property may not be disposed of;
502	502	or
503	503	(C) revokes another will. (Tex. Prob. Code, Sec.
504	504	3(ff).)
505	505	[Chapters 23-30 reserved for expansion]
506	506	TITLE 2. ESTATES OF DECEDENTS
507	507	SUBTITLE A. SCOPE, JURISDICTION, AND COURTS
508	508	[Chapters 31-50 reserved for expansion]
509	509	SUBTITLE B. PROCEDURAL MATTERS
510	510	CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL
511	511	SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
512	512	Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL
513	513	Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS
514	514	Sec. 51.003. CONTENTS OF CITATION OR NOTICE
515	515	[Sections 51.004-51.050 reserved for expansion]
516	516	SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS
517	517	TO BE SERVED
518	518	Sec. 51.051. PERSONAL SERVICE
519	519	Sec. 51.052. SERVICE BY MAIL
520	520	Sec. 51.053. SERVICE BY POSTING
521	521	Sec. 51.054. SERVICE BY PUBLICATION
522	522	Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD
523	523	Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR
524	524	RECEIVER
525	525	[Sections 51.057-51.100 reserved for expansion]
526	526	SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
527	527	Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR
528	528	NOTICE SERVED BY PERSONAL SERVICE
529	529	Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON
530	530	CITATION OR NOTICE SERVED BY POSTING
531	531	Sec. 51.103. PROOF OF SERVICE
532	532	Sec. 51.104. RETURN TO COURT
533	533	[Sections 51.105-51.150 reserved for expansion]
534	534	SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
535	535	Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND
536	536	RETURN UNDER CERTAIN CIRCUMSTANCES
537	537	[Sections 51.152-51.200 reserved for expansion]
538	538	SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS
539	539	Sec. 51.201. WAIVER OF NOTICE OF HEARING
540	540	Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING
541	541	Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE
542	542	DEPOSITIONS IN CERTAIN MATTERS
543	543	CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL
544	544	SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
545	545	Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL. (a)
546	546	Except as provided by Subsection (b), a person is not required to be
547	547	cited or otherwise given notice except in a situation in which this
548	548	title expressly provides for citation or the giving of notice.
549	549	(b) If this title does not expressly provide for citation or
550	550	the issuance or return of notice in a probate matter, the court may
551	551	require that notice be given. A court that requires that notice be
552	552	given may prescribe the form and manner of service of the notice and
553	553	the return of service.
554	554	(c) Unless a court order is required by this title, the
555	555	county clerk without a court order shall issue:
556	556	(1) necessary citations, writs, and other process in a
557	557	probate matter; and
558	558	(2) all notices not required to be issued by a personal
559	559	representative. (Tex. Prob. Code, Secs. 33(a), (b).)
560	560	Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS. (a) A
561	561	writ or other process other than a citation or notice must be
562	562	directed "To any sheriff or constable within the State of Texas."
563	563	(b) Notwithstanding Subsection (a), a writ or other process
564	564	other than a citation or notice may not be held defective because
565	565	the process is directed to the sheriff or a constable of a named
566	566	county if the process is properly served within that county by the
567	567	sheriff or constable. (Tex. Prob. Code, Sec. 33(c) (part).)
568	568	Sec. 51.003. CONTENTS OF CITATION OR NOTICE. (a) A
569	569	citation or notice must:
570	570	(1) be directed to the person to be cited or notified;
571	571	(2) be dated;
572	572	(3) state the style and number of the proceeding;
573	573	(4) state the court in which the proceeding is
574	574	pending;
575	575	(5) describe generally the nature of the proceeding or
576	576	matter to which the citation or notice relates;
577	577	(6) direct the person being cited or notified to
578	578	appear by filing a written contest or answer or to perform another
579	579	required action; and
580	580	(7) state when and where the appearance or performance
581	581	described by Subdivision (6) is required.
582	582	(b) A citation or notice issued by the county clerk must be
583	583	styled "The State of Texas" and be signed by the clerk under the
584	584	clerk's seal.
585	585	(c) A notice required to be given by a personal
586	586	representative must be in writing and be signed by the
587	587	representative in the representative's official capacity.
588	588	(d) A citation or notice is not required to contain a
589	589	precept directed to an officer, but may not be held defective
590	590	because the citation or notice contains a precept directed to an
591	591	officer authorized to serve the citation or notice. (Tex. Prob.
592	592	Code, Sec. 33(c) (part).)
593	593	[Sections 51.004-51.050 reserved for expansion]
594	594	SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS
595	595	TO BE SERVED
596	596	Sec. 51.051. PERSONAL SERVICE. (a) Except as otherwise
597	597	provided by Subsection (b), if personal service of citation or
598	598	notice is required, the citation or notice must be served on the
599	599	attorney of record for the person to be cited or notified.
600	600	Notwithstanding the requirement of personal service, service may be
601	601	made on that attorney by any method specified by Section 51.055 for
602	602	service on an attorney of record.
603	603	(b) If the person to be cited or notified does not have an
604	604	attorney of record in the proceeding, or if an attempt to serve the
605	605	person's attorney is unsuccessful:
606	606	(1) the sheriff or constable shall serve the citation
607	607	or notice by delivering a copy of the citation or notice to the
608	608	person to be cited or notified, in person, if the person to whom the
609	609	citation or notice is directed is in this state; or
610	610	(2) any disinterested person competent to make an oath
611	611	that the citation or notice was served may serve the citation or
612	612	notice, if the person to be cited or notified is absent from or is
613	613	not a resident of this state.
614	614	(c) The return day of the citation or notice served under
615	615	Subsection (b) must be at least 10 days after the date of service,
616	616	excluding the date of service.
617	617	(d) If citation or notice attempted to be served as provided
618	618	by Subsection (b) is returned with the notation that the person
619	619	sought to be served, whether inside or outside this state, cannot be
620	620	found, the county clerk shall issue a new citation or notice.
621	621	Service of the new citation or notice must be made by publication.
622	622	(Tex. Prob. Code, Sec. 33(f)(1) (part).)
623	623	Sec. 51.052. SERVICE BY MAIL. (a) The county clerk, or the
624	624	personal representative if required by statute or court order,
625	625	shall serve a citation or notice required or permitted to be served
626	626	by regular mail by mailing the original citation or notice to the
627	627	person to be cited or notified.
628	628	(b) Except as provided by Subsection (c), the county clerk
629	629	shall issue a citation or notice required or permitted to be served
630	630	by registered or certified mail and shall serve the citation or
631	631	notice by mailing the original citation or notice by registered or
632	632	certified mail.
633	633	(c) A personal representative shall issue a notice required
634	634	to be given by the representative by registered or certified mail
635	635	and shall serve the notice by mailing the original notice by
636	636	registered or certified mail.
637	637	(d) The county clerk or personal representative, as
638	638	applicable, shall mail a citation or notice under Subsection (b) or
639	639	(c) with an instruction to deliver the citation or notice to the
640	640	addressee only and with return receipt requested. The clerk or
641	641	representative, as applicable, shall address the envelope
642	642	containing the citation or notice to:
643	643	(1) the attorney of record in the proceeding for the
644	644	person to be cited or notified; or
645	645	(2) the person to be cited or notified, if the citation
646	646	or notice to the attorney is returned undelivered or the person to
647	647	be cited or notified has no attorney of record in the proceeding.
648	648	(e) Service by mail shall be made at least 20 days before the
649	649	return day of the service, excluding the date of service. The date
650	650	of service by mail is the date of mailing.
651	651	(f) A copy of a citation or notice served under Subsection
652	652	(a), (b), or (c), together with a certificate of the person serving
653	653	the citation or notice showing that the citation or notice was
654	654	mailed and the date of the mailing, shall be filed and recorded. A
655	655	returned receipt for a citation or notice served under Subsection
656	656	(b) or (c) shall be attached to the certificate.
657	657	(g) If a citation or notice served by mail is returned
658	658	undelivered, a new citation or notice shall be issued. Service of
659	659	the new citation or notice must be made by posting. (Tex. Prob.
660	660	Code, Sec. 33(f)(4).)
661	661	Sec. 51.053. SERVICE BY POSTING. (a) The county clerk
662	662	shall deliver the original and a copy of a citation or notice
663	663	required to be posted to the sheriff or a constable of the county in
664	664	which the proceeding is pending. The sheriff or constable shall
665	665	post the copy at the door of the county courthouse or the location
666	666	in or near the courthouse where public notices are customarily
667	667	posted.
668	668	(b) Citation or notice under this section must be posted for
669	669	at least 10 days before the return day of the service, excluding the
670	670	date of posting, except as provided by Section 51.102(b). The date
671	671	of service of citation or notice by posting is the date of posting.
672	672	(c) A sheriff or constable who posts a citation or notice
673	673	under this section shall return the original citation or notice to
674	674	the county clerk and state the date and location of the posting in a
675	675	written return on the citation or notice.
676	676	(d) The method of service prescribed by this section applies
677	677	when a personal representative is required or permitted to post a
678	678	notice. The notice must be:
679	679	(1) issued in the name of the representative;
680	680	(2) addressed and delivered to, and posted and
681	681	returned by, the appropriate officer; and
682	682	(3) filed with the county clerk. (Tex. Prob. Code,
683	683	Sec. 33(f)(2).)
684	684	Sec. 51.054. SERVICE BY PUBLICATION. (a) Citation or
685	685	notice to a person to be served by publication shall be published
686	686	one time in a newspaper of general circulation in the county in
687	687	which the proceeding is pending. The publication must be made at
688	688	least 10 days before the return day of the service, excluding the
689	689	date of publication.
690	690	(b) The date of service of citation or notice by publication
691	691	is the date of publication printed on the newspaper in which the
692	692	citation or notice is published.
693	693	(c) If no newspaper is published, printed, or of general
694	694	circulation in the county in which the citation or notice is to be
695	695	published, the citation or notice under Subsection (a) shall be
696	696	served by posting. (Tex. Prob. Code, Sec. 33(f)(3).)
697	697	Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a) If
698	698	a party is represented by an attorney of record in a probate
699	699	proceeding, each citation or notice required to be served on the
700	700	party in that proceeding shall be served instead on that attorney.
701	701	A notice under this subsection may be served by delivery to the
702	702	attorney in person or by registered or certified mail.
703	703	(b) A notice may be served on an attorney of record under
704	704	this section by:
705	705	(1) another party to the proceeding;
706	706	(2) the attorney of record for another party to the
707	707	proceeding;
708	708	(3) the appropriate sheriff or constable; or
709	709	(4) any other person competent to testify.
710	710	(c) Each of the following is prima facie evidence of the
711	711	fact that service has been made under this section:
712	712	(1) the written statement of an attorney of record
713	713	showing service;
714	714	(2) the return of the officer showing service; and
715	715	(3) the affidavit of any other person showing service.
716	716	(Tex. Prob. Code, Sec. 34.)
717	717	Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR
718	718	RECEIVER. Unless this title expressly provides for another method
719	719	of service, the county clerk who issues a citation or notice
720	720	required to be served on a personal representative or receiver
721	721	shall serve the citation or notice by mailing the original citation
722	722	or notice by registered or certified mail to:
723	723	(1) the representative's or receiver's attorney of
724	724	record; or
725	725	(2) the representative or receiver, if the
726	726	representative or receiver does not have an attorney of record.
727	727	(Tex. Prob. Code, Sec. 33(e).)
728	728	[Sections 51.057-51.100 reserved for expansion]
729	729	SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
730	730	Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR NOTICE
731	731	SERVED BY PERSONAL SERVICE. The return of the person serving a
732	732	citation or notice under Section 51.051 must:
733	733	(1) be endorsed on or attached to the citation or
734	734	notice;
735	735	(2) state the date and place of service;
736	736	(3) certify that a copy of the citation or notice was
737	737	delivered to the person directed to be served;
738	738	(4) be subscribed and sworn to before, and under the
739	739	hand and official seal of, an officer authorized by the laws of this
740	740	state to take an affidavit; and
741	741	(5) be returned to the county clerk who issued the
742	742	citation or notice. (Tex. Prob. Code, Sec. 33(f)(1) (part).)
743	743	Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON CITATION OR
744	744	NOTICE SERVED BY POSTING. (a) A citation or notice in a probate
745	745	matter that is required to be served by posting and is issued in
746	746	conformity with this title, and the service and return of service of
747	747	the citation or notice, is valid if:
748	748	(1) a sheriff or constable posts a copy of the citation
749	749	or notice at the location or locations prescribed by this title; and
750	750	(2) the posting occurs on a day preceding the return
751	751	day of service specified in the citation or notice that provides
752	752	sufficient time for the period the citation or notice must be posted
753	753	to expire before the specified return day.
754	754	(b) The fact that a sheriff or constable, as applicable,
755	755	makes the return of service on the citation or notice described by
756	756	Subsection (a) and returns the citation or notice on which the
757	757	return has been made to the court before the expiration of the
758	758	period the citation or notice must be posted does not affect the
759	759	validity of the citation or notice or the service or return of
760	760	service. This subsection applies even if the sheriff or constable
761	761	makes the return of service and returns the citation or notice on
762	762	which the return is made to the court on the same day the citation or
763	763	notice is issued. (Tex. Prob. Code, Sec. 33(h).)
764	764	Sec. 51.103. PROOF OF SERVICE. (a) Proof of service in
765	765	each case requiring citation or notice must be filed before the
766	766	hearing.
767	767	(b) Proof of service consists of:
768	768	(1) if the service is made by a sheriff or constable,
769	769	the return of service;
770	770	(2) if the service is made by a private person, the
771	771	person's affidavit;
772	772	(3) if the service is made by mail:
773	773	(A) the certificate of the county clerk making
774	774	the service, or the affidavit of the personal representative or
775	775	other person making the service, stating that the citation or
776	776	notice was mailed and the date of the mailing; and
777	777	(B) the return receipt attached to the
778	778	certificate or affidavit, as applicable, if the mailing was by
779	779	registered or certified mail and a receipt has been returned; and
780	780	(4) if the service is made by publication, an
781	781	affidavit:
782	782	(A) made by the publisher of the newspaper in
783	783	which the citation or notice was published or an employee of the
784	784	publisher;
785	785	(B) that contains or to which is attached a copy
786	786	of the published citation or notice; and
787	787	(C) that states the date of publication printed
788	788	on the newspaper in which the citation or notice was published.
789	789	(Tex. Prob. Code, Sec. 33(i).)
790	790	Sec. 51.104. RETURN TO COURT. A citation or notice issued
791	791	by a county clerk must be returned to the court from which the
792	792	citation or notice was issued on the first Monday after the service
793	793	is perfected. (Tex. Prob. Code, Sec. 33(g).)
794	794	[Sections 51.105-51.150 reserved for expansion]
795	795	SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
796	796	Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND RETURN
797	797	UNDER CERTAIN CIRCUMSTANCES. (a) A citation or notice required by
798	798	this title shall be issued, served, and returned in the manner
799	799	specified by written order of the court in accordance with this
800	800	title and the Texas Rules of Civil Procedure if:
801	801	(1) an interested person requests that action;
802	802	(2) a specific method is not provided by this title for
803	803	giving the citation or notice;
804	804	(3) a specific method is not provided by this title for
805	805	the service and return of citation or notice; or
806	806	(4) a provision relating to a matter described by
807	807	Subdivision (2) or (3) is inadequate.
808	808	(b) Citation or notice issued, served, and returned in the
809	809	manner specified by a court order as provided by Subsection (a) has
810	810	the same effect as if the manner of service and return had been
811	811	specified by this title. (Tex. Prob. Code, Sec. 33(d).)
812	812	[Sections 51.152-51.200 reserved for expansion]
813	813	SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS
814	814	Sec. 51.201. WAIVER OF NOTICE OF HEARING. (a) A legally
815	815	competent person who is interested in a hearing in a probate
816	816	proceeding may waive notice of the hearing in writing either in
817	817	person or through an attorney.
818	818	(b) A trustee of a trust may waive notice under Subsection
819	819	(a) on behalf of a beneficiary of the trust as provided by that
820	820	subsection.
821	821	(c) A consul or other representative of a foreign government
822	822	whose appearance has been entered as provided by law on behalf of a
823	823	person residing in a foreign country may waive notice under
824	824	Subsection (a) on the person's behalf as provided by that
825	825	subsection.
826	826	(d) A person who submits to the jurisdiction of the court in
827	827	a hearing is considered to have waived notice of the hearing. (Tex.
828	828	Prob. Code, Sec. 35.)
829	829	Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING. (a)
830	830	At any time after an application is filed to commence a probate
831	831	proceeding, including a proceeding for the probate of a will, the
832	832	grant of letters testamentary or of administration, or a
833	833	determination of heirship, a person interested in the estate may
834	834	file with the county clerk a written request to be notified of all,
835	835	or any specified, motions, applications, or pleadings filed with
836	836	respect to the proceeding by any person or by one or more persons
837	837	specifically named in the request. A person filing a request under
838	838	this section is responsible for payment of the fees and other costs
839	839	of providing a requested notice, and the clerk may require a deposit
840	840	to cover the estimated costs of providing the notice. Thereafter,
841	841	the clerk shall send to the requestor by regular mail a copy of any
842	842	requested document.
843	843	(b) A county clerk's failure to comply with a request under
844	844	this section does not invalidate any proceeding. (Tex. Prob. Code,
845	845	Sec. 33(j).)
846	846	Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE
847	847	DEPOSITIONS IN CERTAIN MATTERS. (a) If a will is to be probated, or
848	848	in another probate matter in which there is no opposing party or
849	849	attorney of record on whom to serve notice and copies of
850	850	interrogatories, service may be made by posting notice of the
851	851	intention to take depositions for a period of 10 days as provided by
852	852	Section 51.053 governing a posting of notice.
853	853	(b) When notice by posting under Subsection (a) is filed
854	854	with the county clerk, a copy of the interrogatories must also be
855	855	filed.
856	856	(c) At the expiration of the 10-day period prescribed by
857	857	Subsection (a):
858	858	(1) commission may issue for taking the depositions
859	859	for which the notice was posted; and
860	860	(2) the judge may file cross-interrogatories if no
861	861	person appears. (Tex. Prob. Code, Sec. 22 (part).)
862	862	CHAPTER 52. FILING AND RECORDKEEPING
863	863	SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
864	864	Sec. 52.001. PROBATE DOCKET
865	865	Sec. 52.002. CLAIM DOCKET
866	866	Sec. 52.003. PROBATE FEE BOOK
867	867	Sec. 52.004. ALTERNATE RECORDKEEPING
868	868	[Sections 52.005-52.050 reserved for expansion]
869	869	SUBCHAPTER B. FILES; INDEX
870	870	Sec. 52.051. FILING PROCEDURES
871	871	Sec. 52.052. CASE FILES
872	872	Sec. 52.053. INDEX
873	873	CHAPTER 52. FILING AND RECORDKEEPING
874	874	SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
875	875	Sec. 52.001. PROBATE DOCKET. (a) The county clerk shall
876	876	maintain a record book titled "Judge's Probate Docket" and shall
877	877	record in the book:
878	878	(1) the name of each person with respect to whom, or
879	879	with respect to whose estate, proceedings are commenced or sought
880	880	to be commenced;
881	881	(2) the name of each executor, administrator, or
882	882	applicant for letters testamentary or of administration;
883	883	(3) the date each original application for probate
884	884	proceedings is filed;
885	885	(4) a minute of each order, judgment, decree, and
886	886	proceeding that occurs in each estate, including the date it
887	887	occurs; and
888	888	(5) the docket number of each estate as assigned under
889	889	Subsection (b).
890	890	(b) The county clerk shall assign a docket number to each
891	891	estate in the order proceedings are commenced. (Tex. Prob. Code,
892	892	Sec. 13 (part).)
893	893	Sec. 52.002. CLAIM DOCKET. (a) The county clerk shall
894	894	maintain a record book titled "Claim Docket" and shall record in the
895	895	book each claim that is presented against an estate for the court's
896	896	approval.
897	897	(b) The county clerk shall assign one or more pages of the
898	898	record book to each estate.
899	899	(c) The claim docket must be ruled in 16 columns at proper
900	900	intervals from top to bottom, with a short note of the contents at
901	901	the top of each column. The county clerk shall record for each
902	902	claim, in the order claims are filed, the following information in
903	903	the respective columns, beginning with the first or marginal
904	904	column:
905	905	(1) the name of the claimant;
906	906	(2) the amount of the claim;
907	907	(3) the date of the claim;
908	908	(4) the date the claim is filed;
909	909	(5) the date the claim is due;
910	910	(6) the date the claim begins bearing interest;
911	911	(7) the interest rate;
912	912	(8) the date the claim is allowed by the executor or
913	913	administrator, if applicable;
914	914	(9) the amount allowed by the executor or
915	915	administrator, if applicable;
916	916	(10) the date the claim is rejected, if applicable;
917	917	(11) the date the claim is approved, if applicable;
918	918	(12) the amount approved for the claim, if applicable;
919	919	(13) the date the claim is disapproved, if applicable;
920	920	(14) the class to which the claim belongs;
921	921	(15) the date the claim is established by a judgment of
922	922	a court, if applicable; and
923	923	(16) the amount of the judgment established under
924	924	Subdivision (15), if applicable. (Tex. Prob. Code, Sec. 14.)
925	925	Sec. 52.003. PROBATE FEE BOOK. (a) The county clerk shall
926	926	maintain a record book titled "Probate Fee Book" and shall record in
927	927	the book each item of cost that accrues to the officers of the court
928	928	and any witness fees.
929	929	(b) Each record entry must include:
930	930	(1) the party to whom the cost or fee is due;
931	931	(2) the date the cost or fee accrued;
932	932	(3) the estate or party liable for the cost or fee; and
933	933	(4) the date the cost or fee is paid. (Tex. Prob. Code,
934	934	Sec. 16.)
935	935	Sec. 52.004. ALTERNATE RECORDKEEPING. Instead of
936	936	maintaining the record books described by Sections 52.001, 52.002,
937	937	and 52.003, the county clerk may maintain the information described
938	938	by those sections relating to a person's or estate's probate
939	939	proceedings:
940	940	(1) on a computer file;
941	941	(2) on microfilm;
942	942	(3) in the form of a digitized optical image; or
943	943	(4) in another similar form of data compilation.
944	944	(Tex. Prob. Code, Sec. 17.)
945	945	[Sections 52.005-52.050 reserved for expansion]
946	946	SUBCHAPTER B. FILES; INDEX
947	947	Sec. 52.051. FILING PROCEDURES. (a) An application for a
948	948	probate proceeding, complaint, petition, or other paper permitted
949	949	or required by law to be filed with a court in a probate matter must
950	950	be filed with the county clerk of the appropriate county.
951	951	(b) Each paper filed in an estate must be given the docket
952	952	number assigned to the estate.
953	953	(c) On receipt of a paper described by Subsection (a), the
954	954	county clerk shall:
955	955	(1) file the paper; and
956	956	(2) endorse on the paper:
957	957	(A) the date the paper is filed;
958	958	(B) the docket number; and
959	959	(C) the clerk's official signature. (Tex. Prob.
960	960	Code, Secs. 11, 13(e) (part).)
961	961	Sec. 52.052. CASE FILES. (a) The county clerk shall
962	962	maintain a case file for the estate of each decedent for which a
963	963	probate proceeding has been filed.
964	964	(b) Each case file must contain each order, judgment, and
965	965	proceeding of the court and any other probate filing with the court,
966	966	including each:
967	967	(1) application for the probate of a will;
968	968	(2) application for the granting of administration;
969	969	(3) citation and notice, whether published or posted,
970	970	including the return on the citation or notice;
971	971	(4) will and the testimony on which the will is
972	972	admitted to probate;
973	973	(5) bond and official oath;
974	974	(6) inventory, appraisement, and list of claims;
975	975	(7) exhibit and account;
976	976	(8) report of renting;
977	977	(9) application for sale or partition of real estate;
978	978	(10) report of sale;
979	979	(11) report of the commissioners of partition;
980	980	(12) application for authority to execute a lease for
981	981	mineral development, or for pooling or unitization of lands,
982	982	royalty, or other interest in minerals, or to lend or invest money;
983	983	and
984	984	(13) report of lending or investing money.
985	985	(c) Only the substance of a deposition must be recorded
986	986	under Subsection (b)(4). (Tex. Prob. Code, Sec. 15.)
987	987	Sec. 52.053. INDEX. (a) The county clerk shall properly
988	988	index the records required under this chapter.
989	989	(b) The county clerk shall keep the index open for public
990	990	inspection, but may not release the index from the clerk's custody.
991	991	(Tex. Prob. Code, Sec. 17A.)
992	992	CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
993	993	SUBCHAPTER A. ENFORCEMENT OF ORDERS
994	994	Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS
995	995	[Sections 53.002-53.050 reserved for expansion]
996	996	SUBCHAPTER B. COSTS AND SECURITY
997	997	Sec. 53.051. APPLICABILITY OF CERTAIN LAWS
998	998	Sec. 53.052. SECURITY FOR CERTAIN COSTS
999	999	Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES
1000	1000	OF CERTAIN MILITARY SERVICEMEMBERS
1001	1001	[Sections 53.054-53.100 reserved for expansion]
1002	1002	SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS
1003	1003	Sec. 53.101. CALLING OF DOCKETS
1004	1004	Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK
1005	1005	Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES,
1006	1006	AND JUDGMENTS
1007	1007	Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM
1008	1008	Sec. 53.105. SIGNING OF MINUTES
1009	1009	Sec. 53.106. EXECUTIONS IN PROBATE MATTERS
1010	1010	CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
1011	1011	SUBCHAPTER A. ENFORCEMENT OF ORDERS
1012	1012	Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS. A judge may
1013	1013	enforce the judge's lawful orders against an executor or
1014	1014	administrator by attachment and confinement. Unless this title
1015	1015	expressly provides otherwise, the term of confinement for any one
1016	1016	offense under this section may not exceed three days. (Tex. Prob.
1017	1017	Code, Sec. 24.)
1018	1018	[Sections 53.002-53.050 reserved for expansion]
1019	1019	SUBCHAPTER B. COSTS AND SECURITY
1020	1020	Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law
1021	1021	regulating costs in ordinary civil cases applies to a probate
1022	1022	matter when not expressly provided for in this title. (Tex. Prob.
1023	1023	Code, Sec. 12(a).)
1024	1024	Sec. 53.052. SECURITY FOR CERTAIN COSTS. (a) The clerk may
1025	1025	require a person who files an application, complaint, or opposition
1026	1026	relating to an estate, other than the personal representative of
1027	1027	the estate, to provide security for the probable costs of the
1028	1028	proceeding before filing the application, complaint, or
1029	1029	opposition.
1030	1030	(b) At any time before the trial of an application,
1031	1031	complaint, or opposition described by Subsection (a), anyone
1032	1032	interested in the estate or an officer of the court may, by written
1033	1033	motion, obtain from the court an order requiring the person who
1034	1034	filed the application, complaint, or opposition to provide security
1035	1035	for the probable costs of the proceeding. The rules governing civil
1036	1036	suits in the county court with respect to giving security for the
1037	1037	probable costs of a proceeding control in cases described by
1038	1038	Subsection (a) and this subsection.
1039	1039	(c) An executor or administrator appointed by a court of
1040	1040	this state may not be required to provide security for costs in an
1041	1041	action brought by the executor or administrator in the executor's
1042	1042	or administrator's fiduciary capacity. (Tex. Prob. Code, Secs.
1043	1043	12(b), (c).)
1044	1044	Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES OF
1045	1045	CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat
1046	1046	zone" means an area that the president of the United States by
1047	1047	executive order designates for purposes of 26 U.S.C. Section 112 as
1048	1048	an area in which armed forces of the United States are or have
1049	1049	engaged in combat.
1050	1050	(b) Notwithstanding any other law, the clerk of a county
1051	1051	court may not charge, or collect from, the estate of a decedent any
1052	1052	of the following fees if the decedent died while in active service
1053	1053	as a member of the armed forces of the United States in a combat
1054	1054	zone:
1055	1055	(1) a fee for or associated with the filing of the
1056	1056	decedent's will for probate; and
1057	1057	(2) a fee for any service rendered by the probate court
1058	1058	regarding the administration of the decedent's estate. (Tex. Prob.
1059	1059	Code, Sec. 11A.)
1060	1060	[Sections 53.054-53.100 reserved for expansion]
1061	1061	SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS
1062	1062	Sec. 53.101. CALLING OF DOCKETS. The judge in whose court
1063	1063	probate proceedings are pending, at times determined by the judge,
1064	1064	shall:
1065	1065	(1) call the estates of decedents in the estates'
1066	1066	regular order on both the probate and claim dockets; and
1067	1067	(2) issue orders as necessary. (Tex. Prob. Code, Sec.
1068	1068	19.)
1069	1069	Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK. (a) If
1070	1070	a judge is unable to designate the time and place for hearing a
1071	1071	probate matter pending in the judge's court because the judge is
1072	1072	absent from the county seat or is on vacation, disqualified, ill, or
1073	1073	deceased, the county clerk of the county in which the matter is
1074	1074	pending may:
1075	1075	(1) designate the time and place for hearing;
1076	1076	(2) enter the setting on the judge's docket; and
1077	1077	(3) certify on the docket the reason that the judge is
1078	1078	not acting to set the hearing.
1079	1079	(b) If, after the perfection of the service of notices and
1080	1080	citations required by law concerning the time and place of hearing,
1081	1081	a qualified judge is not present for a hearing set under Subsection
1082	1082	(a), the hearing is automatically continued from day to day until a
1083	1083	qualified judge is present to hear and determine the matter. (Tex.
1084	1084	Prob. Code, Sec. 20.)
1085	1085	Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND
1086	1086	JUDGMENTS. The county court shall render all decisions, orders,
1087	1087	decrees, and judgments in probate matters in open court, except as
1088	1088	otherwise specially provided. (Tex. Prob. Code, Sec. 23 (part).)
1089	1089	Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except
1090	1090	as provided by Section 202.009(b), the judge of a probate court may
1091	1091	appoint an attorney ad litem in any probate proceeding to represent
1092	1092	the interests of:
1093	1093	(1) a person who has a legal disability;
1094	1094	(2) a nonresident;
1095	1095	(3) an unborn or unascertained person; or
1096	1096	(4) an unknown heir.
1097	1097	(b) An attorney ad litem appointed under this section is
1098	1098	entitled to reasonable compensation for services provided in the
1099	1099	amount set by the court, to be taxed as costs in the proceeding.
1100	1100	(Tex. Prob. Code, Sec. 34A.)
1101	1101	Sec. 53.105. SIGNING OF MINUTES. (a) Except as provided by
1102	1102	Subsection (b), the judge shall approve and sign the minutes on the
1103	1103	first day of each month.
1104	1104	(b) If the first day of the month falls on a Sunday, the
1105	1105	judge's approval must be entered on the preceding or succeeding
1106	1106	day. (Tex. Prob. Code, Sec. 23 (part).)
1107	1107	Sec. 53.106. EXECUTIONS IN PROBATE MATTERS. (a) An
1108	1108	execution in a probate matter must be:
1109	1109	(1) directed "to any sheriff or any constable within
1110	1110	the State of Texas";
1111	1111	(2) attested and signed by the clerk officially under
1112	1112	court seal; and
1113	1113	(3) made returnable in 60 days.
1114	1114	(b) A proceeding under an execution described by Subsection
1115	1115	(a) is governed, to the extent applicable, by the laws regulating a
1116	1116	proceeding under an execution issued by a district court.
1117	1117	(c) Notwithstanding Subsection (a), an execution directed
1118	1118	to the sheriff or a constable of a specific county in this state may
1119	1119	not be held defective if properly executed within that county by the
1120	1120	sheriff or constable to whom the execution is directed. (Tex. Prob.
1121	1121	Code, Sec. 25.)
1122	1122	CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
1123	1123	SUBCHAPTER A. PLEADINGS
1124	1124	Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING
1125	1125	Sec. 54.002. DEFECT IN PLEADING
1126	1126	[Sections 54.003-54.050 reserved for expansion]
1127	1127	SUBCHAPTER B. EVIDENCE
1128	1128	Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING
1129	1129	TO WITNESSES AND EVIDENCE
1130	1130	Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE
1131	1131	CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
1132	1132	SUBCHAPTER A. PLEADINGS
1133	1133	Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING. (a)
1134	1134	The filing or contesting in probate court of a pleading relating to
1135	1135	a decedent's estate does not constitute tortious interference with
1136	1136	inheritance of the estate.
1137	1137	(b) This section does not abrogate any right of a person
1138	1138	under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil
1139	1139	Practice and Remedies Code. (Tex. Prob. Code, Sec. 10C.)
1140	1140	Sec. 54.002. DEFECT IN PLEADING. A court may not invalidate
1141	1141	a pleading in probate, or an order based on the pleading, on the
1142	1142	basis of a defect of form or substance in the pleading unless a
1143	1143	timely objection has been made against the defect and the defect has
1144	1144	been called to the attention of the court in which the proceeding
1145	1145	was or is pending. (Tex. Prob. Code, Sec. 9.)
1146	1146	[Sections 54.003-54.050 reserved for expansion]
1147	1147	SUBCHAPTER B. EVIDENCE
1148	1148	Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING TO
1149	1149	WITNESSES AND EVIDENCE. Except as provided by Section 51.203, the
1150	1150	rules relating to witnesses and evidence that apply in the district
1151	1151	court apply in a proceeding arising under this title to the extent
1152	1152	practicable. (Tex. Prob. Code, Sec. 22 (part).)
1153	1153	Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE. The
1154	1154	following are admissible as evidence in any court of this state:
1155	1155	(1) record books described by Sections 52.001, 52.002,
1156	1156	and 52.003 and individual case files described by Section 52.052,
1157	1157	including records maintained in a manner allowed under Section
1158	1158	52.004; and
1159	1159	(2) certified copies or reproductions of the records.
1160	1160	(Tex. Prob. Code, Sec. 18.)
1161	1161	CHAPTER 55. COMPLAINTS AND CONTESTS
1162	1162	SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT
1163	1163	Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING
1164	1164	Sec. 55.002. TRIAL BY JURY
1165	1165	[Sections 55.003-55.050 reserved for expansion]
1166	1166	SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE ORGANIZATION AS PARTY TO CERTAIN ACTIONS
1167	1167	ORGANIZATION AS PARTY TO CERTAIN ACTIONS
1168	1168	Sec. 55.051. DEFINITION
1169	1169	Sec. 55.052. NECESSARY PARTY
1170	1170	Sec. 55.053. SERVICE OF PROCESS
1171	1171	[Sections 55.054-55.100 reserved for expansion]
1172	1172	SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT
1173	1173	Sec. 55.101. ENTITLEMENT TO PRODUCTION OF
1174	1174	COMMUNICATIONS AND RECORDS
1175	1175	Sec. 55.102. RELEASE OF RECORDS
1176	1176	[Sections 55.103-55.150 reserved for expansion]
1177	1177	SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY
1178	1178	Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
1179	1179	Sec. 55.152. BOND
1180	1180	[Sections 55.153-55.200 reserved for expansion]
1181	1181	SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE
1182	1182	Sec. 55.201. COMPLAINT AND CITATION
1183	1183	Sec. 55.202. HEARING AND ORDER
1184	1184	Sec. 55.203. CONVEYANCE
1185	1185	[Sections 55.204-55.250 reserved for expansion]
1186	1186	SUBCHAPTER F. BILL OF REVIEW
1187	1187	Sec. 55.251. REVISION AND CORRECTION OF ORDER IN
1188	1188	PROBATE PROCEEDING
1189	1189	Sec. 55.252. INJUNCTION
1190	1190	CHAPTER 55. COMPLAINTS AND CONTESTS
1191	1191	SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT
1192	1192	Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING. A person
1193	1193	interested in an estate may, at any time before the court decides an
1194	1194	issue in a proceeding, file written opposition regarding the issue.
1195	1195	The person is entitled to process for witnesses and evidence, and to
1196	1196	be heard on the opposition, as in other suits. (Tex. Prob. Code,
1197	1197	Sec. 10.)
1198	1198	Sec. 55.002. TRIAL BY JURY. In a contested probate or
1199	1199	mental illness proceeding in a probate court, a party is entitled to
1200	1200	a jury trial as in other civil actions. (Tex. Prob. Code, Sec. 21.)
1201	1201	[Sections 55.003-55.050 reserved for expansion]
1202	1202	SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE
1203	1203	ORGANIZATION AS PARTY TO CERTAIN ACTIONS
1204	1204	Sec. 55.051. DEFINITION. In this subchapter, "institution
1205	1205	of higher education" has the meaning assigned by Section 61.003,
1206	1206	Education Code. (Tex. Prob. Code, Sec. 10A(a) (part).)
1207	1207	Sec. 55.052. NECESSARY PARTY. An institution of higher
1208	1208	education, a private institution of higher education, or a
1209	1209	charitable organization that is a distributee under a will is a
1210	1210	necessary party to a will contest or will construction suit
1211	1211	involving the will. (Tex. Prob. Code, Sec. 10A(a) (part).)
1212	1212	Sec. 55.053. SERVICE OF PROCESS. The court shall serve an
1213	1213	institution or organization that is a necessary party under Section
1214	1214	55.052 in the manner provided by this title for service on other
1215	1215	parties. (Tex. Prob. Code, Sec. 10A(b).)
1216	1216	[Sections 55.054-55.100 reserved for expansion]
1217	1217	SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT
1218	1218	Sec. 55.101. ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS
1219	1219	AND RECORDS. Notwithstanding Subtitle B, Title 3, Occupations
1220	1220	Code, a person who is a party to a will contest or proceeding in
1221	1221	which a party relies on the mental or testamentary capacity of a
1222	1222	decedent before the decedent's death as part of the party's claim or
1223	1223	defense is entitled to production of all communications or records
1224	1224	relevant to the decedent's condition before the decedent's death.
1225	1225	(Tex. Prob. Code, Sec. 10B (part).)
1226	1226	Sec. 55.102. RELEASE OF RECORDS. On receipt of a subpoena
1227	1227	for communications or records described by Section 55.101 and a
1228	1228	file-stamped copy of the will contest or proceeding described by
1229	1229	that section, the appropriate physician, hospital, medical
1230	1230	facility, custodian of records, or other person in possession of
1231	1231	the communications or records shall release the communications or
1232	1232	records to the requesting party without further authorization.
1233	1233	(Tex. Prob. Code, Sec. 10B (part).)
1234	1234	[Sections 55.103-55.150 reserved for expansion]
1235	1235	SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY
1236	1236	Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT. (a)
1237	1237	If a person interested in an estate files with the judge a written
1238	1238	complaint made under oath alleging that the executor or
1239	1239	administrator of the estate is about to remove the estate or part of
1240	1240	the estate outside of the state, the judge may order a writ of
1241	1241	attachment to issue, directed "to any sheriff or any constable
1242	1242	within the State of Texas." The writ must order the sheriff or
1243	1243	constable to:
1244	1244	(1) seize the estate or a part of the estate; and
1245	1245	(2) hold that property subject to the judge's
1246	1246	additional orders regarding the complaint.
1247	1247	(b) Notwithstanding Subsection (a), a writ of attachment
1248	1248	directed to the sheriff or constable of a specific county within the
1249	1249	state is not defective if the writ was properly executed in that
1250	1250	county by that officer. (Tex. Prob. Code, Sec. 26 (part).)
1251	1251	Sec. 55.152. BOND. Before a writ of attachment ordered
1252	1252	under Section 55.151 may be issued, the complainant must execute a
1253	1253	bond that is:
1254	1254	(1) payable to the executor or administrator of the
1255	1255	estate;
1256	1256	(2) in an amount set by the judge; and
1257	1257	(3) conditioned for the payment of all damages and
1258	1258	costs that are recovered for the wrongful suing out of the writ.
1259	1259	(Tex. Prob. Code, Sec. 26 (part).)
1260	1260	[Sections 55.153-55.200 reserved for expansion]
1261	1261	SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE
1262	1262	Sec. 55.201. COMPLAINT AND CITATION. (a) If a person sold
1263	1263	property and entered into a bond or other written agreement to
1264	1264	transfer title to the property and then died without transferring
1265	1265	the title, the owner of the bond or agreement or the owner's legal
1266	1266	representative may:
1267	1267	(1) file a written complaint in the court of the county
1268	1268	in which letters testamentary or of administration on the
1269	1269	decedent's estate were granted; and
1270	1270	(2) have the personal representative of the estate
1271	1271	cited to appear on a date stated in the citation and show cause why
1272	1272	specific performance of the bond or agreement should not be
1273	1273	ordered.
1274	1274	(b) Except as provided by Subsection (c), the bond or
1275	1275	agreement must be filed with the complaint described by Subsection
1276	1276	(a).
1277	1277	(c) If good cause under oath is shown why the bond or written
1278	1278	agreement cannot be filed with the complaint, the bond or agreement
1279	1279	or the substance of the bond or agreement must be stated in the
1280	1280	complaint. (Tex. Prob. Code, Sec. 27 (part).)
1281	1281	Sec. 55.202. HEARING AND ORDER. (a) After service of the
1282	1282	citation under Section 55.201, the court shall hear the complaint
1283	1283	and the evidence on the complaint.
1284	1284	(b) The court shall order the personal representative to
1285	1285	transfer title to the property, according to the tenor of the bond
1286	1286	or agreement, to the complainant if the judge is satisfied from the
1287	1287	proof that:
1288	1288	(1) the bond or agreement was legally executed by the
1289	1289	decedent; and
1290	1290	(2) the complainant has a right to demand specific
1291	1291	performance.
1292	1292	(c) The order must fully describe the property to be
1293	1293	transferred. (Tex. Prob. Code, Sec. 27 (part).)
1294	1294	Sec. 55.203. CONVEYANCE. (a) A conveyance made under this
1295	1295	subchapter must refer to and identify the court order authorizing
1296	1296	the conveyance. On delivery of the conveyance, all the right and
1297	1297	title to the property conveyed that the decedent had vests in the
1298	1298	person to whom the conveyance is made.
1299	1299	(b) A conveyance under this subchapter is prima facie
1300	1300	evidence that all requirements of the law for obtaining the
1301	1301	conveyance have been complied with. (Tex. Prob. Code, Sec. 27
1302	1302	(part).)
1303	1303	[Sections 55.204-55.250 reserved for expansion]
1304	1304	SUBCHAPTER F. BILL OF REVIEW
1305	1305	Sec. 55.251. REVISION AND CORRECTION OF ORDER IN PROBATE
1306	1306	PROCEEDING. (a) An interested person may, by a bill of review
1307	1307	filed in the court in which the probate proceedings were held, have
1308	1308	an order rendered by the court revised and corrected on a showing of
1309	1309	error in the order.
1310	1310	(b) A bill of review to revise and correct an order may not
1311	1311	be filed more than two years after the date of the order. (Tex.
1312	1312	Prob. Code, Sec. 31 (part).)
1313	1313	Sec. 55.252. INJUNCTION. A process or action under a court
1314	1314	order subject to a bill of review filed under Section 55.251 may be
1315	1315	stayed only by writ of injunction. (Tex. Prob. Code, Sec. 31
1316	1316	(part).)
1317	1317	CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL REPRESENTATIVE FOR SERVICE OF PROCESS
1318	1318	REPRESENTATIVE FOR SERVICE OF PROCESS
1319	1319	Sec. 56.001. CHANGE OF RESIDENT AGENT
1320	1320	Sec. 56.002. RESIGNATION OF RESIDENT AGENT
1321	1321	CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL
1322	1322	REPRESENTATIVE FOR SERVICE OF PROCESS
1323	1323	Sec. 56.001. CHANGE OF RESIDENT AGENT. (a) A personal
1324	1324	representative of an estate may change the representative's
1325	1325	resident agent to accept service of process in a probate proceeding
1326	1326	or other action relating to the estate by filing with the court in
1327	1327	which the probate proceeding is pending a statement titled
1328	1328	"Designation of Successor Resident Agent" that states the names and
1329	1329	addresses of:
1330	1330	(1) the representative;
1331	1331	(2) the resident agent; and
1332	1332	(3) the successor resident agent.
1333	1333	(b) The designation of a successor resident agent takes
1334	1334	effect on the date a statement under Subsection (a) is filed with
1335	1335	the court. (Tex. Prob. Code, Sec. 221A.)
1336	1336	Sec. 56.002. RESIGNATION OF RESIDENT AGENT. (a) A resident
1337	1337	agent of a personal representative may resign as resident agent by
1338	1338	giving notice to the representative and filing with the court in
1339	1339	which the probate proceeding is pending a statement titled
1340	1340	"Resignation of Resident Agent" that states:
1341	1341	(1) the name of the representative;
1342	1342	(2) the representative's address most recently known
1343	1343	by the resident agent;
1344	1344	(3) that notice of the resignation has been given to
1345	1345	the representative and the date that notice was given; and
1346	1346	(4) that the representative has not designated a
1347	1347	successor resident agent.
1348	1348	(b) The resident agent shall send, by certified mail, return
1349	1349	receipt requested, a copy of a resignation statement filed under
1350	1350	Subsection (a) to:
1351	1351	(1) the personal representative at the address most
1352	1352	recently known by the resident agent; and
1353	1353	(2) each party in the case or the party's attorney or
1354	1354	other designated representative of record.
1355	1355	(c) The resignation of a resident agent takes effect on the
1356	1356	date the court enters an order accepting the resignation. A court
1357	1357	may not enter an order accepting the resignation unless the
1358	1358	resident agent complies with this section. (Tex. Prob. Code, Sec.
1359	1359	221B.)
1360	1360	[Chapters 57-100 reserved for expansion]
1361	1361	SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS'
1362	1362	PROPERTY IN GENERAL
1363	1363	CHAPTER 101. ESTATE ASSETS IN GENERAL
1364	1364	SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH
1365	1365	Sec. 101.001. PASSAGE OF ESTATE ON DECEDENT'S DEATH
1366	1366	Sec. 101.002. EFFECT OF JOINT OWNERSHIP OF PROPERTY
1367	1367	Sec. 101.003. POSSESSION OF ESTATE BY PERSONAL
1368	1368	REPRESENTATIVE
1369	1369	[Sections 101.004-101.050 reserved for expansion]
1370	1370	SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS
1371	1371	Sec. 101.051. LIABILITY OF ESTATE FOR DEBTS IN GENERAL
1372	1372	Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR
1373	1373	DEBTS OF DECEASED SPOUSE
1374	1374	CHAPTER 101. ESTATE ASSETS IN GENERAL
1375	1375	SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH
1376	1376	Sec. 101.001. PASSAGE OF ESTATE ON DECEDENT'S DEATH. (a)
1377	1377	Subject to Section 101.051, if a person dies leaving a lawful will:
1378	1378	(1) all of the person's estate that is devised by the
1379	1379	will vests immediately in the devisees;
1380	1380	(2) all powers of appointment granted in the will vest
1381	1381	immediately in the donees of those powers; and
1382	1382	(3) all of the person's estate that is not devised by
1383	1383	the will vests immediately in the person's heirs at law.
1384	1384	(b) Subject to Section 101.051, the estate of a person who
1385	1385	dies intestate vests immediately in the person's heirs at law.
1386	1386	(Tex. Prob. Code, Sec. 37 (part).)
1387	1387	Sec. 101.002. EFFECT OF JOINT OWNERSHIP OF PROPERTY. If two
1388	1388	or more persons hold an interest in property jointly and one joint
1389	1389	owner dies before severance, the interest of the decedent in the
1390	1390	joint estate:
1391	1391	(1) does not survive to the remaining joint owner or
1392	1392	owners; and
1393	1393	(2) passes by will or intestacy from the decedent as if
1394	1394	the decedent's interest had been severed. (Tex. Prob. Code, Sec.
1395	1395	46(a) (part).)
1396	1396	Sec. 101.003. POSSESSION OF ESTATE BY PERSONAL
1397	1397	REPRESENTATIVE. On the issuance of letters testamentary or of
1398	1398	administration on an estate described by Section 101.001, the
1399	1399	executor or administrator has the right to possession of the estate
1400	1400	as the estate existed at the death of the testator or intestate,
1401	1401	subject to the exceptions provided by Section 101.051. The
1402	1402	executor or administrator shall recover possession of the estate
1403	1403	and hold the estate in trust to be disposed of in accordance with
1404	1404	the law. (Tex. Prob. Code, Sec. 37 (part).)
1405	1405	[Sections 101.004-101.050 reserved for expansion]
1406	1406	SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS
1407	1407	Sec. 101.051. LIABILITY OF ESTATE FOR DEBTS IN GENERAL. (a)
1408	1408	A decedent's estate vests in accordance with Section 101.001(a)
1409	1409	subject to the payment of:
1410	1410	(1) the debts of the decedent, except as exempted by
1411	1411	law; and
1412	1412	(2) any court-ordered child support payments that are
1413	1413	delinquent on the date of the decedent's death.
1414	1414	(b) A decedent's estate vests in accordance with Section
1415	1415	101.001(b) subject to the payment of, and is still liable for:
1416	1416	(1) the debts of the decedent, except as exempted by
1417	1417	law; and
1418	1418	(2) any court-ordered child support payments that are
1419	1419	delinquent on the date of the decedent's death. (Tex. Prob. Code,
1420	1420	Sec. 37 (part).)
1421	1421	Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR DEBTS OF
1422	1422	DECEASED SPOUSE. (a) The community property subject to the sole or
1423	1423	joint management, control, and disposition of a spouse during
1424	1424	marriage continues to be subject to the liabilities of that spouse
1425	1425	on death.
1426	1426	(b) The interest that the deceased spouse owned in any other
1427	1427	nonexempt community property passes to the deceased spouse's heirs
1428	1428	or devisees charged with the debts that were enforceable against
1429	1429	the deceased spouse before death.
1430	1430	(c) This section does not prohibit the administration of
1431	1431	community property under other provisions of this title relating to
1432	1432	the administration of an estate. (Tex. Prob. Code, Secs. 155
1433	1433	(part), 156 (part).)
1434	1434	CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
1435	1435	Sec. 102.001. TREATMENT OF CERTAIN CHILDREN
1436	1436	Sec. 102.002. HOMESTEAD RIGHTS NOT AFFECTED BY
1437	1437	CHARACTER OF THE HOMESTEAD
1438	1438	Sec. 102.003. PASSAGE OF HOMESTEAD
1439	1439	Sec. 102.004. LIABILITY OF HOMESTEAD FOR DEBTS
1440	1440	Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD
1441	1441	Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF
1442	1442	HOMESTEAD IS AUTHORIZED
1443	1443	CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
1444	1444	Sec. 102.001. TREATMENT OF CERTAIN CHILDREN. For purposes
1445	1445	of determining homestead rights, a child is a child of his or her
1446	1446	mother and a child of his or her father, as provided by Sections
1447	1447	201.051, 201.052, and 201.053. (Tex. Prob. Code, Sec. 42(c)
1448	1448	(part).)
1449	1449	Sec. 102.002. HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF
1450	1450	THE HOMESTEAD. The homestead rights and the respective interests
1451	1451	of the surviving spouse and children of a decedent are the same
1452	1452	whether the homestead was the decedent's separate property or was
1453	1453	community property between the surviving spouse and the decedent.
1454	1454	(Tex. Prob. Code, Sec. 282.)
1455	1455	Sec. 102.003. PASSAGE OF HOMESTEAD. The homestead of a
1456	1456	decedent who dies leaving a surviving spouse descends and vests on
1457	1457	the decedent's death in the same manner as other real property of
1458	1458	the decedent and is governed by the same laws of descent and
1459	1459	distribution. (Tex. Prob. Code, Sec. 283.)
1460	1460	Sec. 102.004. LIABILITY OF HOMESTEAD FOR DEBTS. The
1461	1461	homestead is not liable for the payment of any of the debts of the
1462	1462	estate, other than:
1463	1463	(1) purchase money for the homestead;
1464	1464	(2) taxes due on the homestead;
1465	1465	(3) work and material used in constructing
1466	1466	improvements on the homestead if the requirements of Section
1467	1467	50(a)(5), Article XVI, Texas Constitution, are met;
1468	1468	(4) an owelty of partition imposed against the
1469	1469	entirety of the property by a court order or written agreement of
1470	1470	the parties to the partition, including a debt of one spouse in
1471	1471	favor of the other spouse resulting from a division or an award of a
1472	1472	family homestead in a divorce proceeding;
1473	1473	(5) the refinance of a lien against the homestead,
1474	1474	including a federal tax lien resulting from the tax debt of both
1475	1475	spouses, if the homestead is a family homestead, or from the tax
1476	1476	debt of the decedent;
1477	1477	(6) an extension of credit on the homestead if the
1478	1478	requirements of Section 50(a)(6), Article XVI, Texas Constitution,
1479	1479	are met; or
1480	1480	(7) a reverse mortgage. (Tex. Prob. Code, Sec. 270.)
1481	1481	Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD. The
1482	1482	homestead may not be partitioned among the decedent's heirs:
1483	1483	(1) during the lifetime of the surviving spouse for as
1484	1484	long as the surviving spouse elects to use or occupy the property as
1485	1485	a homestead; or
1486	1486	(2) during the period the guardian of the decedent's
1487	1487	minor children is permitted to use and occupy the homestead under a
1488	1488	court order. (Tex. Prob. Code, Sec. 284.)
1489	1489	Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF
1490	1490	HOMESTEAD IS AUTHORIZED. The homestead may be partitioned among
1491	1491	the respective owners of the property in the same manner as other
1492	1492	property held in common if:
1493	1493	(1) the surviving spouse dies, sells his or her
1494	1494	interest in the homestead, or elects to no longer use or occupy the
1495	1495	property as a homestead; or
1496	1496	(2) the court no longer permits the guardian of the
1497	1497	minor children to use and occupy the property as a homestead. (Tex.
1498	1498	Prob. Code, Sec. 285.)
1499	1499	[Chapters 103-110 reserved for expansion]
1500	1500	CHAPTER 111. NONPROBATE ASSETS IN GENERAL
1501	1501	SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS
1502	1502	BETWEEN JOINT TENANTS
1503	1503	Sec. 111.001. RIGHT OF SURVIVORSHIP AGREEMENTS
1504	1504	AUTHORIZED
1505	1505	Sec. 111.002. AGREEMENTS CONCERNING COMMUNITY PROPERTY
1506	1506	[Sections 111.003-111.050 reserved for expansion]
1507	1507	SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER
1508	1508	OF CERTAIN ASSETS ON DEATH
1509	1509	Sec. 111.051. DEFINITIONS
1510	1510	Sec. 111.052. VALIDITY OF CERTAIN NONTESTAMENTARY
1511	1511	INSTRUMENTS AND PROVISIONS
1512	1512	Sec. 111.053. CREDITOR'S RIGHTS NOT LIMITED
1513	1513	CHAPTER 111. NONPROBATE ASSETS IN GENERAL
1514	1514	SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS
1515	1515	BETWEEN JOINT TENANTS
1516	1516	Sec. 111.001. RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED.
1517	1517	(a) Notwithstanding Section 101.002, two or more persons who hold
1518	1518	an interest in property jointly may agree in writing that the
1519	1519	interest of a joint owner who dies survives to the surviving joint
1520	1520	owner or owners.
1521	1521	(b) An agreement described by Subsection (a) may not be
1522	1522	inferred from the mere fact that property is held in joint
1523	1523	ownership. (Tex. Prob. Code, Sec. 46(a) (part).)
1524	1524	Sec. 111.002. AGREEMENTS CONCERNING COMMUNITY PROPERTY.
1525	1525	(a) Section 111.001 does not apply to an agreement between spouses
1526	1526	regarding the spouses' community property.
1527	1527	(b) An agreement between spouses regarding a right of
1528	1528	survivorship in community property is governed by Chapter 112.
1529	1529	(Tex. Prob. Code, Sec. 46(b).)
1530	1530	[Sections 111.003-111.050 reserved for expansion]
1531	1531	SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER
1532	1532	OF CERTAIN ASSETS ON DEATH
1533	1533	Sec. 111.051. DEFINITIONS. In this subchapter:
1534	1534	(1) "Employees' trust" means:
1535	1535	(A) a trust that forms a part of a stock-bonus,
1536	1536	pension, or profit-sharing plan under Section 401, Internal Revenue
1537	1537	Code of 1954 (26 U.S.C. Section 401 (1986));
1538	1538	(B) a pension trust under Chapter 111, Property
1539	1539	Code; and
1540	1540	(C) an employer-sponsored benefit plan or
1541	1541	program, or any other retirement savings arrangement, including a
1542	1542	pension plan created under Section 3, Employee Retirement Income
1543	1543	Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of
1544	1544	whether the plan, program, or arrangement is funded through a
1545	1545	trust.
1546	1546	(2) "Financial institution" has the meaning assigned
1547	1547	by Section 113.001.
1548	1548	(3) "Individual retirement account" means a trust,
1549	1549	custodial arrangement, or annuity under Section 408(a) or (b),
1550	1550	Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).
1551	1551	(4) "Retirement account" means a retirement-annuity
1552	1552	contract, an individual retirement account, a simplified employee
1553	1553	pension, or any other retirement savings arrangement.
1554	1554	(5) "Retirement-annuity contract" means an annuity
1555	1555	contract under Section 403, Internal Revenue Code of 1954 (26
1556	1556	U.S.C. Section 403 (1986)).
1557	1557	(6) "Simplified employee pension" means a trust,
1558	1558	custodial arrangement, or annuity under Section 408, Internal
1559	1559	Revenue Code of 1954 (26 U.S.C. Section 408 (1986)). (Tex. Prob.
1560	1560	Code, Secs. 450(a) (part), (c).)
1561	1561	Sec. 111.052. VALIDITY OF CERTAIN NONTESTAMENTARY
1562	1562	INSTRUMENTS AND PROVISIONS. (a) This code does not invalidate:
1563	1563	(1) any provision in an insurance policy, employment
1564	1564	contract, bond, mortgage, promissory note, deposit agreement,
1565	1565	employees' trust, retirement account, deferred compensation
1566	1566	arrangement, custodial agreement, pension plan, trust agreement,
1567	1567	conveyance of property, security, account with a financial
1568	1568	institution, mutual fund account, or any other written instrument
1569	1569	effective as a contract, gift, conveyance, or trust, stating that:
1570	1570	(A) money or other benefits under the instrument
1571	1571	due to or controlled or owned by a decedent shall be paid after the
1572	1572	decedent's death, or property that is the subject of the instrument
1573	1573	shall pass, to a person designated by the decedent in the instrument
1574	1574	or in a separate writing, including a will, executed at the same
1575	1575	time as the instrument or subsequently; or
1576	1576	(B) money due or to become due under the
1577	1577	instrument shall cease to be payable if the promisee or promissor
1578	1578	dies before payment or demand; or
1579	1579	(2) an instrument described by Subdivision (1).
1580	1580	(b) A provision described by Subsection (a)(1) is
1581	1581	considered nontestamentary. (Tex. Prob. Code, Sec. 450(a) (part).)
1582	1582	Sec. 111.053. CREDITOR'S RIGHTS NOT LIMITED. Nothing in
1583	1583	this subchapter limits the rights of a creditor under another law of
1584	1584	this state. (Tex. Prob. Code, Sec. 450(b).)
1585	1585	CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
1586	1586	SUBCHAPTER A. GENERAL PROVISIONS
1587	1587	Sec. 112.001. DEFINITION OF COMMUNITY PROPERTY
1588	1588	SURVIVORSHIP AGREEMENT
1589	1589	Sec. 112.002. APPLICABILITY OF OTHER LAW TO COMMUNITY
1590	1590	ACCOUNTS
1591	1591	[Sections 112.003-112.050 reserved for expansion]
1592	1592	SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
1593	1593	Sec. 112.051. AGREEMENT FOR RIGHT OF SURVIVORSHIP IN
1594	1594	COMMUNITY PROPERTY
1595	1595	Sec. 112.052. FORM OF AGREEMENT
1596	1596	Sec. 112.053. ADJUDICATION NOT REQUIRED
1597	1597	Sec. 112.054. REVOCATION OF AGREEMENT
1598	1598	[Sections 112.055-112.100 reserved for expansion]
1599	1599	SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
1600	1600	SURVIVORSHIP AGREEMENT
1601	1601	Sec. 112.101. APPLICATION AUTHORIZED
1602	1602	Sec. 112.102. PROOF REQUIRED BY COURT
1603	1603	Sec. 112.103. METHOD OF PROOF OF SIGNATURES
1604	1604	Sec. 112.104. COURT ACTION; ISSUANCE OF ORDER
1605	1605	Sec. 112.105. EFFECT OF ORDER
1606	1606	Sec. 112.106. CUSTODY OF ADJUDICATED AGREEMENT
1607	1607	[Sections 112.107-112.150 reserved for expansion]
1608	1608	SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT TO AGREEMENT
1609	1609	TO AGREEMENT
1610	1610	Sec. 112.151. OWNERSHIP OF PROPERTY DURING MARRIAGE;
1611	1611	MANAGEMENT RIGHTS
1612	1612	Sec. 112.152. NONTESTAMENTARY NATURE OF TRANSFERS
1613	1613	UNDER AGREEMENT
1614	1614	[Sections 112.153-112.200 reserved for expansion]
1615	1615	SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO RIGHT OF SURVIVORSHIP
1616	1616	SUBJECT TO RIGHT OF SURVIVORSHIP
1617	1617	Sec. 112.201. DEFINITION OF CERTIFIED COPY
1618	1618	Sec. 112.202. ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT
1619	1619	Sec. 112.203. PERSONAL REPRESENTATIVE WITHOUT ACTUAL
1620	1620	KNOWLEDGE OF AGREEMENT
1621	1621	Sec. 112.204. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1622	1622	AGREEMENT
1623	1623	Sec. 112.205. DEBTORS AND OTHER PERSONS WITHOUT NOTICE
1624	1624	OF AGREEMENT
1625	1625	Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1626	1626	REVOCATION OF AGREEMENT
1627	1627	Sec. 112.207. DEBTORS AND OTHER PERSONS WITHOUT NOTICE
1628	1628	OF REVOCATION OF AGREEMENT
1629	1629	Sec. 112.208. RIGHTS OF SURVIVING SPOUSE AGAINST
1630	1630	CREDITORS
1631	1631	[Sections 112.209-112.250 reserved for expansion]
1632	1632	SUBCHAPTER F. RIGHTS OF CREDITORS
1633	1633	Sec. 112.251. MULTIPLE-PARTY ACCOUNTS
1634	1634	Sec. 112.252. LIABILITIES OF DECEASED SPOUSE NOT
1635	1635	AFFECTED BY RIGHT OF SURVIVORSHIP
1636	1636	Sec. 112.253. RIGHTS OF DECEASED SPOUSE'S CREDITORS IN
1637	1637	RELATION TO THIRD PARTIES
1638	1638	CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
1639	1639	SUBCHAPTER A. GENERAL PROVISIONS
1640	1640	Sec. 112.001. DEFINITION OF COMMUNITY PROPERTY
1641	1641	SURVIVORSHIP AGREEMENT. In this chapter, "community property
1642	1642	survivorship agreement" means an agreement between spouses
1643	1643	creating a right of survivorship in community property. (New.)
1644	1644	Sec. 112.002. APPLICABILITY OF OTHER LAW TO COMMUNITY
1645	1645	PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS. Chapter 113 applies to
1646	1646	multiple-party accounts held by spouses with a right of
1647	1647	survivorship to the extent that chapter is not inconsistent with
1648	1648	this chapter. (Tex. Prob. Code, Sec. 462.)
1649	1649	[Sections 112.003-112.050 reserved for expansion]
1650	1650	SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
1651	1651	Sec. 112.051. AGREEMENT FOR RIGHT OF SURVIVORSHIP IN
1652	1652	COMMUNITY PROPERTY. At any time, spouses may agree between
1653	1653	themselves that all or part of their community property, then
1654	1654	existing or to be acquired, becomes the property of the surviving
1655	1655	spouse on the death of a spouse. (Tex. Prob. Code, Sec. 451.)
1656	1656	Sec. 112.052. FORM OF AGREEMENT. (a) A community property
1657	1657	survivorship agreement must be in writing and signed by both
1658	1658	spouses.
1659	1659	(b) A written agreement signed by both spouses is sufficient
1660	1660	to create a right of survivorship in the community property
1661	1661	described in the agreement if the agreement includes any of the
1662	1662	following phrases:
1663	1663	(1) "with right of survivorship";
1664	1664	(2) "will become the property of the survivor";
1665	1665	(3) "will vest in and belong to the surviving spouse";
1666	1666	or
1667	1667	(4) "shall pass to the surviving spouse."
1668	1668	(c) Notwithstanding Subsection (b), a community property
1669	1669	survivorship agreement that otherwise meets the requirements of
1670	1670	this chapter is effective without including any of the phrases
1671	1671	listed in that subsection. (Tex. Prob. Code, Sec. 452.)
1672	1672	Sec. 112.053. ADJUDICATION NOT REQUIRED. A community
1673	1673	property survivorship agreement that satisfies the requirements of
1674	1674	this chapter is effective and enforceable without an adjudication.
1675	1675	(Tex. Prob. Code, Secs. 456(a) (part), 458 (part).)
1676	1676	Sec. 112.054. REVOCATION OF AGREEMENT. (a) A community
1677	1677	property survivorship agreement made in accordance with this
1678	1678	chapter may be revoked as provided by the terms of the agreement.
1679	1679	(b) If a community property survivorship agreement does not
1680	1680	provide a method of revocation, the agreement may be revoked by a
1681	1681	written instrument:
1682	1682	(1) signed by both spouses; or
1683	1683	(2) signed by one spouse and delivered to the other
1684	1684	spouse.
1685	1685	(c) A community property survivorship agreement may be
1686	1686	revoked with respect to specific property subject to the agreement
1687	1687	by the disposition of the property by one or both spouses if the
1688	1688	disposition is not inconsistent with specific terms of the
1689	1689	agreement and applicable law. (Tex. Prob. Code, Sec. 455.)
1690	1690	[Sections 112.055-112.100 reserved for expansion]
1691	1691	SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY
1692	1692	SURVIVORSHIP AGREEMENT
1693	1693	Sec. 112.101. APPLICATION AUTHORIZED. (a) Notwithstanding
1694	1694	Section 112.053, after the death of a spouse, the surviving spouse
1695	1695	or the surviving spouse's personal representative may apply to the
1696	1696	court for an order stating that a community property survivorship
1697	1697	agreement satisfies the requirements of this chapter and is
1698	1698	effective to create a right of survivorship in community property.
1699	1699	(b) An application under this section must include:
1700	1700	(1) the surviving spouse's name and domicile;
1701	1701	(2) the deceased spouse's name and former domicile;
1702	1702	(3) the fact, time, and place of the deceased spouse's
1703	1703	death;
1704	1704	(4) facts establishing venue in the court; and
1705	1705	(5) the deceased spouse's social security number, if
1706	1706	known.
1707	1707	(c) An application under this section must be filed in the
1708	1708	county of proper venue for administration of the deceased spouse's
1709	1709	estate.
1710	1710	(d) The original community property survivorship agreement
1711	1711	shall be filed with an application under this section. (Tex. Prob.
1712	1712	Code, Secs. 456(a) (part), (d).)
1713	1713	Sec. 112.102. PROOF REQUIRED BY COURT. An applicant for an
1714	1714	order under Section 112.101 must prove to the court's satisfaction
1715	1715	that:
1716	1716	(1) the spouse whose community property interest is at
1717	1717	issue is deceased;
1718	1718	(2) the court has jurisdiction and venue;
1719	1719	(3) the agreement was executed with the formalities
1720	1720	required by law;
1721	1721	(4) the agreement was not revoked; and
1722	1722	(5) citation has been served and returned in the
1723	1723	manner and for the length of time required by this title. (Tex.
1724	1724	Prob. Code, Sec. 456(b).)
1725	1725	Sec. 112.103. METHOD OF PROOF OF SIGNATURES. (a) The
1726	1726	deceased spouse's signature to an agreement that is the subject of
1727	1727	an application under Section 112.101 may be proved by:
1728	1728	(1) the sworn testimony of one witness taken in open
1729	1729	court;
1730	1730	(2) the affidavit of one witness; or
1731	1731	(3) the written or oral deposition of one witness
1732	1732	taken in the same manner and under the same rules as depositions in
1733	1733	other civil actions.
1734	1734	(b) If the surviving spouse is competent to make an oath,
1735	1735	the surviving spouse's signature to the agreement may be proved by:
1736	1736	(1) the sworn testimony of the surviving spouse taken
1737	1737	in open court;
1738	1738	(2) the surviving spouse's affidavit; or
1739	1739	(3) the written or oral deposition of the surviving
1740	1740	spouse taken in the same manner and under the same rules as
1741	1741	depositions in other civil actions.
1742	1742	(c) If the surviving spouse is not competent to make an
1743	1743	oath, the surviving spouse's signature to the agreement may be
1744	1744	proved in the manner provided by Subsection (a) for proof of the
1745	1745	deceased spouse's signature. (Tex. Prob. Code, Sec. 456(c).)
1746	1746	Sec. 112.104. COURT ACTION; ISSUANCE OF ORDER. (a) On
1747	1747	completion of a hearing on an application under Section 112.101, if
1748	1748	the court is satisfied that the requisite proof has been made, the
1749	1749	court shall enter an order adjudging the agreement valid.
1750	1750	(b) Certified copies of the agreement and order may be:
1751	1751	(1) recorded in other counties; and
1752	1752	(2) used in evidence, as the original agreement might
1753	1753	be, on the trial of the same matter in any other court, on appeal or
1754	1754	otherwise. (Tex. Prob. Code, Sec. 457.)
1755	1755	Sec. 112.105. EFFECT OF ORDER. (a) An order under this
1756	1756	subchapter adjudging a community property survivorship agreement
1757	1757	valid constitutes sufficient authority to a person who:
1758	1758	(1) owes money, has custody of any property, or acts as
1759	1759	registrar or transfer agent of any evidence of interest,
1760	1760	indebtedness, property, or right that is subject to the terms of the
1761	1761	agreement; or
1762	1762	(2) purchases from or otherwise deals with the
1763	1763	surviving spouse for payment or transfer to the surviving spouse.
1764	1764	(b) The surviving spouse may enforce that spouse's right to
1765	1765	a payment or transfer from a person described by Subsection (a)(2).
1766	1766	(Tex. Prob. Code, Sec. 458 (part).)
1767	1767	Sec. 112.106. CUSTODY OF ADJUDICATED AGREEMENT. (a) An
1768	1768	original community property survivorship agreement adjudicated
1769	1769	under this subchapter, together with the order adjudging the
1770	1770	agreement valid, shall be deposited in the office of the county
1771	1771	clerk of the county in which the agreement was adjudicated and must
1772	1772	remain at that office, except during a period when the agreement is
1773	1773	moved to another location for inspection on order of the court in
1774	1774	which the agreement was adjudicated.
1775	1775	(b) If the court orders an original community property
1776	1776	survivorship agreement adjudicated under this subchapter to be
1777	1777	moved to another location for inspection, the person moving the
1778	1778	original agreement shall give a receipt for the agreement and the
1779	1779	court clerk shall make and retain a copy of the original agreement.
1780	1780	(Tex. Prob. Code, Sec. 459.)
1781	1781	[Sections 112.107-112.150 reserved for expansion]
1782	1782	SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT
1783	1783	TO AGREEMENT
1784	1784	Sec. 112.151. OWNERSHIP OF PROPERTY DURING MARRIAGE;
1785	1785	MANAGEMENT RIGHTS. (a) Property subject to a community property
1786	1786	survivorship agreement remains community property during the
1787	1787	marriage of the spouses.
1788	1788	(b) Unless the agreement provides otherwise, a community
1789	1789	property survivorship agreement does not affect the rights of the
1790	1790	spouses concerning the management, control, and disposition of
1791	1791	property subject to the agreement. (Tex. Prob. Code, Sec. 453.)
1792	1792	Sec. 112.152. NONTESTAMENTARY NATURE OF TRANSFERS UNDER
1793	1793	AGREEMENT. (a) Transfers at death resulting from community
1794	1794	property survivorship agreements made in accordance with this
1795	1795	chapter are effective by reason of the agreements involved and are
1796	1796	not testamentary transfers.
1797	1797	(b) Except as expressly provided otherwise by this title,
1798	1798	transfers described by Subsection (a) are not subject to the
1799	1799	provisions of this title applicable to testamentary transfers.
1800	1800	(Tex. Prob. Code, Sec. 454.)
1801	1801	[Sections 112.153-112.200 reserved for expansion]
1802	1802	SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY
1803	1803	SUBJECT TO RIGHT OF SURVIVORSHIP
1804	1804	Sec. 112.201. DEFINITION OF CERTIFIED COPY. In this
1805	1805	subchapter, a "certified copy" means a copy of an official record or
1806	1806	document that is:
1807	1807	(1) authorized by law to be recorded or filed and
1808	1808	actually recorded or filed in a public office; and
1809	1809	(2) certified as correct in accordance with Rule 902,
1810	1810	Texas Rules of Evidence. (Tex. Prob. Code, Sec. 460(f) (part).)
1811	1811	Sec. 112.202. ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT. (a)
1812	1812	In this subchapter, a person or entity has "actual knowledge" of a
1813	1813	community property survivorship agreement or the revocation of a
1814	1814	community property survivorship agreement only if the person or
1815	1815	entity has received:
1816	1816	(1) written notice of the agreement or revocation; or
1817	1817	(2) the original or a certified copy of the agreement
1818	1818	or revoking instrument.
1819	1819	(b) In this subchapter, a person or entity has "notice" of a
1820	1820	community property survivorship agreement or the revocation of a
1821	1821	community property survivorship agreement if:
1822	1822	(1) the person or entity has actual knowledge of the
1823	1823	agreement or revocation; or
1824	1824	(2) with respect to real property, the agreement or
1825	1825	revoking instrument is properly recorded in the county in which the
1826	1826	real property is located. (Tex. Prob. Code, Sec. 460(f) (part).)
1827	1827	Sec. 112.203. PERSONAL REPRESENTATIVE WITHOUT ACTUAL
1828	1828	KNOWLEDGE OF AGREEMENT. If the personal representative of a
1829	1829	deceased spouse's estate has no actual knowledge of the existence
1830	1830	of an agreement creating a right of survivorship in community
1831	1831	property in the surviving spouse, the personal representative is
1832	1832	not liable to the surviving spouse or any person claiming from the
1833	1833	surviving spouse for selling, exchanging, distributing, or
1834	1834	otherwise disposing of the property. (Tex. Prob. Code, Sec.
1835	1835	460(a).)
1836	1836	Sec. 112.204. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1837	1837	AGREEMENT. (a) This section applies only to a person or entity who
1838	1838	for value purchases property:
1839	1839	(1) from a person claiming from a deceased spouse more
1840	1840	than six months after the date of the deceased spouse's death or
1841	1841	from the personal representative of the deceased spouse's estate;
1842	1842	and
1843	1843	(2) without notice of the existence of an agreement
1844	1844	creating a right of survivorship in the property in the surviving
1845	1845	spouse.
1846	1846	(b) A purchaser of property from a person claiming from the
1847	1847	deceased spouse has good title to the interest in the property that
1848	1848	the person would have had in the absence of the agreement described
1849	1849	by Subsection (a)(2), as against the claims of the surviving spouse
1850	1850	or any person claiming from the surviving spouse.
1851	1851	(c) A purchaser of property from the personal
1852	1852	representative of the deceased spouse's estate has good title to
1853	1853	the interest in the property that the personal representative would
1854	1854	have had authority to convey in the absence of the agreement
1855	1855	described by Subsection (a)(2), as against the claims of the
1856	1856	surviving spouse or any person claiming from the surviving spouse.
1857	1857	(Tex. Prob. Code, Sec. 460(b).)
1858	1858	Sec. 112.205. DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF
1859	1859	AGREEMENT. (a) This section applies only to a person or entity
1860	1860	who:
1861	1861	(1) owes money to a deceased spouse; or
1862	1862	(2) has custody of property or acts as registrar or
1863	1863	transfer agent of any evidence of interest, indebtedness, property,
1864	1864	or right owned by a deceased spouse before that spouse's death.
1865	1865	(b) A person or entity with no actual knowledge of the
1866	1866	existence of an agreement creating a right of survivorship in
1867	1867	property described by Subsection (a) in the surviving spouse may
1868	1868	pay or transfer that property to the personal representative of the
1869	1869	deceased spouse's estate or, if no administration of the deceased
1870	1870	spouse's estate is pending, to the heirs or devisees of the estate
1871	1871	and shall be discharged from all claims for those amounts or
1872	1872	property paid or transferred. (Tex. Prob. Code, Sec. 460(d).)
1873	1873	Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1874	1874	REVOCATION OF AGREEMENT. (a) This section applies only to a person
1875	1875	or entity who for value purchases property from a surviving spouse
1876	1876	more than six months after the date of the deceased spouse's death
1877	1877	and:
1878	1878	(1) with respect to personal property:
1879	1879	(A) the purchaser has received an original or
1880	1880	certified copy of an agreement purporting to create a right of
1881	1881	survivorship in the personal property in the surviving spouse,
1882	1882	purportedly signed by both spouses; and
1883	1883	(B) the purchaser has no notice of the revocation
1884	1884	of the agreement; or
1885	1885	(2) with respect to real property:
1886	1886	(A) the purchaser has received an original or
1887	1887	certified copy of an agreement purporting to create a right of
1888	1888	survivorship in the real property in the surviving spouse,
1889	1889	purportedly signed by both spouses or such an agreement is properly
1890	1890	recorded in a county in which any part of the real property is
1891	1891	located; and
1892	1892	(B) the purchaser has no notice of the revocation
1893	1893	of the agreement.
1894	1894	(b) A purchaser has good title to the interest in the
1895	1895	property that the surviving spouse would have had in the absence of
1896	1896	the revocation of the agreement, as against the claims of the
1897	1897	personal representative of the deceased spouse's estate or any
1898	1898	person claiming from the representative or the deceased spouse.
1899	1899	(Tex. Prob. Code, Sec. 460(c).)
1900	1900	Sec. 112.207. DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF
1901	1901	REVOCATION OF AGREEMENT. (a) This section applies only to a person
1902	1902	or entity who:
1903	1903	(1) owes money to a deceased spouse; or
1904	1904	(2) has custody of property or acts as registrar or
1905	1905	transfer agent of any evidence of interest, indebtedness, property,
1906	1906	or right owned by a deceased spouse before that spouse's death.
1907	1907	(b) If a person or entity is presented with the original or a
1908	1908	certified copy of an agreement creating a right of survivorship in
1909	1909	property described by Subsection (a) in the surviving spouse,
1910	1910	purportedly signed by both spouses, and if the person or entity has
1911	1911	no actual knowledge that the agreement was revoked, the person or
1912	1912	entity may pay or transfer that property to the surviving spouse and
1913	1913	shall be discharged from all claims for those amounts or property
1914	1914	paid or transferred. (Tex. Prob. Code, Sec. 460(e).)
1915	1915	Sec. 112.208. RIGHTS OF SURVIVING SPOUSE AGAINST CREDITORS.
1916	1916	Except as expressly provided by this subchapter, this subchapter
1917	1917	does not affect the rights of a surviving spouse or person claiming
1918	1918	from the surviving spouse in disputes with persons claiming from a
1919	1919	deceased spouse or the successors of any of them concerning a
1920	1920	beneficial interest in property or the proceeds from a beneficial
1921	1921	interest in property, subject to a right of survivorship under an
1922	1922	agreement that satisfies the requirements of this chapter. (Tex.
1923	1923	Prob. Code, Sec. 460(g).)
1924	1924	[Sections 112.209-112.250 reserved for expansion]
1925	1925	SUBCHAPTER F. RIGHTS OF CREDITORS
1926	1926	Sec. 112.251. MULTIPLE-PARTY ACCOUNTS. Chapter 113 governs
1927	1927	the rights of creditors with respect to multiple-party accounts, as
1928	1928	defined by Section 113.004. (Tex. Prob. Code, Sec. 461 (part).)
1929	1929	Sec. 112.252. LIABILITIES OF DECEASED SPOUSE NOT AFFECTED
1930	1930	BY RIGHT OF SURVIVORSHIP. (a) Except as expressly provided by
1931	1931	Section 112.251, the community property subject to the sole or
1932	1932	joint management, control, and disposition of a spouse during
1933	1933	marriage continues to be subject to the liabilities of that spouse
1934	1934	on that spouse's death without regard to a right of survivorship in
1935	1935	the surviving spouse under an agreement made in accordance with
1936	1936	this chapter.
1937	1937	(b) The surviving spouse is liable to account to the
1938	1938	deceased spouse's personal representative for property received by
1939	1939	the surviving spouse under a right of survivorship to the extent
1940	1940	necessary to discharge the deceased spouse's liabilities.
1941	1941	(c) A proceeding to assert a liability under Subsection (b):
1942	1942	(1) may be commenced only if the deceased spouse's
1943	1943	personal representative has received a written demand by a
1944	1944	creditor; and
1945	1945	(2) must be commenced on or before the second
1946	1946	anniversary of the deceased spouse's death.
1947	1947	(d) Property recovered by the deceased spouse's personal
1948	1948	representative under this section shall be administered as part of
1949	1949	the deceased spouse's estate. (Tex. Prob. Code, Sec. 461 (part).)
1950	1950	Sec. 112.253. RIGHTS OF DECEASED SPOUSE'S CREDITORS IN
1951	1951	RELATION TO THIRD PARTIES. This subchapter does not affect the
1952	1952	protection afforded to a person or entity under Subchapter E
1953	1953	unless, before payment or transfer to the surviving spouse, the
1954	1954	person or entity received a written notice from the deceased
1955	1955	spouse's personal representative stating the amount needed to
1956	1956	discharge the deceased spouse's liabilities. (Tex. Prob. Code, Sec.
1957	1957	461 (part).)
1958	1958	CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
1959	1959	SUBCHAPTER A. GENERAL PROVISIONS
1960	1960	Sec. 113.001. GENERAL DEFINITIONS
1961	1961	Sec. 113.002. DEFINITION OF PARTY
1962	1962	Sec. 113.003. DEFINITION OF NET CONTRIBUTION
1963	1963	Sec. 113.004. TYPES OF ACCOUNTS
1964	1964	Sec. 113.005. AUTHORITY OF FINANCIAL INSTITUTIONS TO
1965	1965	ENTER INTO CERTAIN ACCOUNTS
1966	1966	[Sections 113.006-113.050 reserved for expansion]
1967	1967	SUBCHAPTER B. UNIFORM ACCOUNT FORM
1968	1968	Sec. 113.051. ESTABLISHMENT OF TYPE OF ACCOUNT;
1969	1969	APPLICABILITY OF CERTAIN LAW
1970	1970	Sec. 113.052. FORM
1971	1971	Sec. 113.053. USE OF FORM; DISCLOSURE
1972	1972	[Sections 113.054-113.100 reserved for expansion]
1973	1973	SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS
1974	1974	Sec. 113.101. EFFECT OF CERTAIN PROVISIONS REGARDING
1975	1975	OWNERSHIP BETWEEN PARTIES AND OTHERS
1976	1976	Sec. 113.102. OWNERSHIP OF JOINT ACCOUNT DURING
1977	1977	PARTIES' LIFETIMES
1978	1978	Sec. 113.103. OWNERSHIP OF P.O.D. ACCOUNT DURING
1979	1979	ORIGINAL PAYEE'S LIFETIME
1980	1980	Sec. 113.104. OWNERSHIP OF TRUST ACCOUNT DURING
1981	1981	TRUSTEE'S LIFETIME
1982	1982	Sec. 113.105. OWNERSHIP OF CONVENIENCE ACCOUNT;
1983	1983	ADDITIONS AND ACCRUALS
1984	1984	[Sections 113.106-113.150 reserved for expansion]
1985	1985	SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
1986	1986	Sec. 113.151. ESTABLISHMENT OF RIGHT OF SURVIVORSHIP
1987	1987	OF PARTY
1988	1988	Sec. 113.152. OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF
1989	1989	PARTY
1990	1990	Sec. 113.153. OWNERSHIP OF TRUST ACCOUNT ON DEATH OF
1991	1991	TRUSTEE
1992	1992	Sec. 113.154. OWNERSHIP OF CONVENIENCE ACCOUNT ON
1993	1993	DEATH OF PARTY
1994	1994	Sec. 113.155. EFFECT OF DEATH OF PARTY ON CERTAIN
1995	1995	SURVIVORSHIP
1996	1996	Sec. 113.156. APPLICABILITY OF CERTAIN PROVISIONS ON
1997	1997	DEATH OF PARTY
1998	1998	Sec. 113.157. WRITTEN NOTICE TO FINANCIAL INSTITUTIONS
1999	1999	REGARDING FORM OF ACCOUNT
2000	2000	Sec. 113.158. NONTESTAMENTARY NATURE OF CERTAIN
2001	2001	TRANSFERS
2002	2002	[Sections 113.159-113.200 reserved for expansion]
2003	2003	SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS
2004	2004	Sec. 113.201. APPLICABILITY OF SUBCHAPTER
2005	2005	Sec. 113.202. PAYMENT OF MULTIPLE-PARTY ACCOUNT
2006	2006	Sec. 113.203. PAYMENT OF JOINT ACCOUNT
2007	2007	Sec. 113.204. PAYMENT OF P.O.D. ACCOUNT
2008	2008	Sec. 113.205. PAYMENT OF TRUST ACCOUNT
2009	2009	Sec. 113.206. PAYMENT OF CONVENIENCE ACCOUNT
2010	2010	Sec. 113.207. LIABILITY FOR PAYMENT FROM JOINT ACCOUNT
2011	2011	AFTER DEATH
2012	2012	Sec. 113.208. LIABILITY FOR PAYMENT FROM CONVENIENCE
2013	2013	ACCOUNT
2014	2014	Sec. 113.209. DISCHARGE FROM CLAIMS
2015	2015	Sec. 113.210. SET-OFF TO FINANCIAL INSTITUTION
2016	2016	[Sections 113.211-113.250 reserved for expansion]
2017	2017	SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT
2018	2018	Sec. 113.251. PLEDGE OF ACCOUNT
2019	2019	Sec. 113.252. RIGHTS OF CREDITORS
2020	2020	Sec. 113.253. NO EFFECT ON CERTAIN RIGHTS AND
2021	2021	LIABILITIES OF FINANCIAL INSTITUTIONS
2022	2022	CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
2023	2023	SUBCHAPTER A. GENERAL PROVISIONS
2024	2024	Sec. 113.001. GENERAL DEFINITIONS. In this chapter:
2025	2025	(1) "Account" means a contract of deposit of funds
2026	2026	between a depositor and a financial institution. The term includes
2027	2027	a checking account, savings account, certificate of deposit, share
2028	2028	account, or other similar arrangement.
2029	2029	(2) "Beneficiary" means a person named in a trust
2030	2030	account for whom a party to the account is named as trustee.
2031	2031	(3) "Financial institution" means an organization
2032	2032	authorized to do business under state or federal laws relating to
2033	2033	financial institutions. The term includes a bank or trust company,
2034	2034	savings bank, building and loan association, savings and loan
2035	2035	company or association, credit union, and brokerage firm that deals
2036	2036	in the sale and purchase of stocks, bonds, and other types of
2037	2037	securities.
2038	2038	(4) "Payment" of sums on deposit includes a
2039	2039	withdrawal, a payment on a check or other directive of a party, and
2040	2040	a pledge of sums on deposit by a party and any set-off, or reduction
2041	2041	or other disposition of all or part of an account under a pledge.
2042	2042	(5) "P.O.D. payee" means a person designated on a
2043	2043	P.O.D. account as a person to whom the account is payable on request
2044	2044	after the death of one or more persons.
2045	2045	(6) "Proof of death" includes:
2046	2046	(A) a certified copy of a death certificate; or
2047	2047	(B) a judgment or order of a court in a proceeding
2048	2048	in which the death of a person is proved to the satisfaction of the
2049	2049	court by circumstantial evidence in accordance with Chapter 454.
2050	2050	(7) "Request" means a proper request for withdrawal,
2051	2051	or a check or order for payment, that complies with all conditions
2052	2052	of the account, including special requirements concerning
2053	2053	necessary signatures and regulations of the financial institution.
2054	2054	If a financial institution conditions withdrawal or payment on
2055	2055	advance notice, for purposes of this chapter a request for
2056	2056	withdrawal or payment is treated as immediately effective and a
2057	2057	notice of intent to withdraw is treated as a request for withdrawal.
2058	2058	(8) "Sums on deposit" means the balance payable on a
2059	2059	multiple-party account including interest, dividends, and any
2060	2060	deposit life insurance proceeds added to the account by reason of
2061	2061	the death of a party.
2062	2062	(9) "Withdrawal" includes payment to a third person in
2063	2063	accordance with a check or other directive of a party. (Tex. Prob.
2064	2064	Code, Secs. 436(1), (2), (3), (8), (9), (11), (12), (13), (15).)
2065	2065	Sec. 113.002. DEFINITION OF PARTY. (a) In this chapter,
2066	2066	"party" means a person who, by the terms of a multiple-party
2067	2067	account, has a present right, subject to request, to payment from
2068	2068	the account. Except as otherwise required by the context, the term
2069	2069	includes a guardian, personal representative, or assignee,
2070	2070	including an attaching creditor, of a party. The term also includes
2071	2071	a person identified as a trustee of an account for another
2072	2072	regardless of whether a beneficiary is named. The term does not
2073	2073	include a named beneficiary unless the beneficiary has a present
2074	2074	right of withdrawal.
2075	2075	(b) A P.O.D. payee or beneficiary of a trust account is a
2076	2076	party only after the account becomes payable to the P.O.D. payee or
2077	2077	beneficiary by reason of the P.O.D. payee or beneficiary surviving
2078	2078	the original payee or trustee. (Tex. Prob. Code, Sec. 436(7).)
2079	2079	Sec. 113.003. DEFINITION OF NET CONTRIBUTION. (a) In this
2080	2080	chapter, "net contribution" of a party to a joint account at any
2081	2081	given time is the sum of all deposits made to that account by or for
2082	2082	the party, less all withdrawals made by or for the party that have
2083	2083	not been paid to or applied to the use of any other party, plus a pro
2084	2084	rata share of any interest or dividends included in the current
2085	2085	balance of the account. The term also includes any deposit life
2086	2086	insurance proceeds added to the account by reason of the death of
2087	2087	the party whose net contribution is in question.
2088	2088	(b) A financial institution may not be required to inquire,
2089	2089	for purposes of establishing net contributions, about:
2090	2090	(1) the source of funds received for deposit to a
2091	2091	multiple-party account; or
2092	2092	(2) the proposed application of an amount withdrawn
2093	2093	from a multiple-party account. (Tex. Prob. Code, Secs. 436(6), 444
2094	2094	(part).)
2095	2095	Sec. 113.004. TYPES OF ACCOUNTS. In this chapter:
2096	2096	(1) "Convenience account" means an account that:
2097	2097	(A) is established at a financial institution by
2098	2098	one or more parties in the names of the parties and one or more
2099	2099	convenience signers; and
2100	2100	(B) has terms that provide that the sums on
2101	2101	deposit are paid or delivered to the parties or to the convenience
2102	2102	signers "for the convenience" of the parties.
2103	2103	(2) "Joint account" means an account payable on
2104	2104	request to one or more of two or more parties, regardless of whether
2105	2105	there is a right of survivorship.
2106	2106	(3) "Multiple-party account" means a joint account, a
2107	2107	convenience account, a P.O.D. account, or a trust account. The term
2108	2108	does not include an account established for the deposit of funds of
2109	2109	a partnership, joint venture, or other association for business
2110	2110	purposes, or an account controlled by one or more persons as the
2111	2111	authorized agent or trustee for a corporation, unincorporated
2112	2112	association, charitable or civic organization, or a regular
2113	2113	fiduciary or trust account in which the relationship is established
2114	2114	other than by deposit agreement.
2115	2115	(4) "P.O.D. account" means an account payable on
2116	2116	request to:
2117	2117	(A) one person during the person's lifetime and,
2118	2118	on the person's death, to one or more P.O.D. payees; or
2119	2119	(B) one or more persons during their lifetimes
2120	2120	and, on the death of all of those persons, to one or more P.O.D.
2121	2121	payees.
2122	2122	(5) "Trust account" means an account in the name of one
2123	2123	or more parties as trustee for one or more beneficiaries in which
2124	2124	the relationship is established by the form of the account and the
2125	2125	deposit agreement with the financial institution and in which there
2126	2126	is no subject of the trust other than the sums on deposit in the
2127	2127	account. The deposit agreement is not required to address payment
2128	2128	to the beneficiary. The term does not include:
2129	2129	(A) a regular trust account under a testamentary
2130	2130	trust or a trust agreement that has significance apart from the
2131	2131	account; or
2132	2132	(B) a fiduciary account arising from a fiduciary
2133	2133	relationship, such as the attorney-client relationship. (Tex.
2134	2134	Prob. Code, Secs. 436(4), (5), (10), (14), 438A(a).)
2135	2135	Sec. 113.005. AUTHORITY OF FINANCIAL INSTITUTIONS TO ENTER
2136	2136	INTO CERTAIN ACCOUNTS. A financial institution may enter into a
2137	2137	multiple-party account to the same extent that the institution may
2138	2138	enter into a single-party account. (Tex. Prob. Code, Sec. 444
2139	2139	(part).)
2140	2140	[Sections 113.006-113.050 reserved for expansion]
2141	2141	SUBCHAPTER B. UNIFORM ACCOUNT FORM
2142	2142	Sec. 113.051. ESTABLISHMENT OF TYPE OF ACCOUNT;
2143	2143	APPLICABILITY OF CERTAIN LAW. (a) A contract of deposit that
2144	2144	contains provisions substantially the same as in the form provided
2145	2145	by Section 113.052 establishes the type of account selected by a
2146	2146	party. This chapter governs an account selected under the form,
2147	2147	other than a single-party account without a P.O.D. designation.
2148	2148	(b) A contract of deposit that does not contain provisions
2149	2149	substantially the same as in the form provided by Section 113.052 is
2150	2150	governed by the provisions of this chapter applicable to the type of
2151	2151	account that most nearly conforms to the depositor's intent. (Tex.
2152	2152	Prob. Code, Sec. 439A(a).)
2153	2153	Sec. 113.052. FORM. A financial institution may use the
2154	2154	following form to establish the type of account selected by a party:
2155	2155	UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION
2156	2156	FORM NOTICE: The type of account you select may determine how
2157	2157	property passes on your death. Your will may not control the
2158	2158	disposition of funds held in some of the following accounts.
2159	2159	Select one of the following accounts by placing your initials
2160	2160	next to the account selected:
2161	2161	___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON
2162	2162	DEATH) DESIGNATION. The party to the account owns the account. On
2163	2163	the death of the party, ownership of the account passes as a part of
2164	2164	the party's estate under the party's will or by intestacy.
2165	2165	Enter the name of the party:
2166	2166	________________________________________________________________
2167	2167	___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON
2168	2168	DEATH) DESIGNATION. The party to the account owns the account. On
2169	2169	the death of the party, ownership of the account passes to the
2170	2170	P.O.D. beneficiaries of the account. The account is not a part of
2171	2171	the party's estate.
2172	2172	Enter the name of the party:
2173	2173	________________________________________________________________
2174	2174	Enter the name or names of the P.O.D. beneficiaries:
2175	2175	________________________________________________________________
2176	2176	________________________________________________________________
2177	2177	___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF
2178	2178	SURVIVORSHIP. The parties to the account own the account in
2179	2179	proportion to the parties' net contributions to the account. The
2180	2180	financial institution may pay any sum in the account to a party at
2181	2181	any time. On the death of a party, the party's ownership of the
2182	2182	account passes as a part of the party's estate under the party's
2183	2183	will or by intestacy.
2184	2184	Enter the names of the parties:
2185	2185	________________________________________________________________
2186	2186	________________________________________________________________
2187	2187	________________________________________________________________
2188	2188	___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP.
2189	2189	The parties to the account own the account in proportion to the
2190	2190	parties' net contributions to the account. The financial
2191	2191	institution may pay any sum in the account to a party at any time.
2192	2192	On the death of a party, the party's ownership of the account passes
2193	2193	to the surviving parties.
2194	2194	Enter the names of the parties:
2195	2195	________________________________________________________________
2196	2196	________________________________________________________________
2197	2197	___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND
2198	2198	P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the account
2199	2199	own the account in proportion to the parties' net contributions to
2200	2200	the account. The financial institution may pay any sum in the
2201	2201	account to a party at any time. On the death of the last surviving
2202	2202	party, the ownership of the account passes to the P.O.D.
2203	2203	beneficiaries.
2204	2204	Enter the names of the parties:
2205	2205	________________________________________________________________
2206	2206	________________________________________________________________
2207	2207	Enter the name or names of the P.O.D. beneficiaries:
2208	2208	________________________________________________________________
2209	2209	________________________________________________________________
2210	2210	___ (6) CONVENIENCE ACCOUNT. The parties to the account own
2211	2211	the account. One or more convenience signers to the account may
2212	2212	make account transactions for a party. A convenience signer does
2213	2213	not own the account. On the death of the last surviving party,
2214	2214	ownership of the account passes as a part of the last surviving
2215	2215	party's estate under the last surviving party's will or by
2216	2216	intestacy. The financial institution may pay funds in the account
2217	2217	to a convenience signer before the financial institution receives
2218	2218	notice of the death of the last surviving party. The payment to a
2219	2219	convenience signer does not affect the parties' ownership of the
2220	2220	account.
2221	2221	Enter the names of the parties:
2222	2222	________________________________________________________________
2223	2223	________________________________________________________________
2224	2224	Enter the names of the convenience signers:
2225	2225	________________________________________________________________
2226	2226	________________________________________________________________
2227	2227	___ (7) TRUST ACCOUNT. The parties named as trustees to the
2228	2228	account own the account in proportion to the parties' net
2229	2229	contributions to the account. A trustee may withdraw funds from the
2230	2230	account. A beneficiary may not withdraw funds from the account
2231	2231	before all trustees are deceased. On the death of the last
2232	2232	surviving trustee, the ownership of the account passes to the
2233	2233	beneficiary. The trust account is not a part of a trustee's estate
2234	2234	and does not pass under the trustee's will or by intestacy, unless
2235	2235	the trustee survives all of the beneficiaries and all other
2236	2236	trustees.
2237	2237	Enter the name or names of the trustees:
2238	2238	________________________________________________________________
2239	2239	________________________________________________________________
2240	2240	Enter the name or names of the beneficiaries:
2241	2241	________________________________________________________________
2242	2242	________________________________________________________________
2243	2243	(Tex. Prob. Code, Sec. 439A(b).)
2244	2244	Sec. 113.053. USE OF FORM; DISCLOSURE. (a) A financial
2245	2245	institution is considered to have adequately disclosed the
2246	2246	information provided in this subchapter if the financial
2247	2247	institution uses the form provided by Section 113.052.
2248	2248	(b) If a financial institution varies the format of the form
2249	2249	provided by Section 113.052, the financial institution may make
2250	2250	disclosures in the account agreement or in any other form that
2251	2251	adequately discloses the information provided by this subchapter.
2252	2252	(c) If the customer receives adequate disclosure of the
2253	2253	ownership rights to an account and the names of the parties are
2254	2254	appropriately indicated, a financial institution may combine any of
2255	2255	the provisions in, and vary the format of, the form and notices
2256	2256	described in Section 113.052 in:
2257	2257	(1) a universal account form with options listed for
2258	2258	selection and additional disclosures provided in the account
2259	2259	agreement; or
2260	2260	(2) any other manner that adequately discloses the
2261	2261	information provided by this subchapter. (Tex. Prob. Code, Secs.
2262	2262	439A(c), (d).)
2263	2263	[Sections 113.054-113.100 reserved for expansion]
2264	2264	SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS
2265	2265	Sec. 113.101. EFFECT OF CERTAIN PROVISIONS REGARDING
2266	2266	OWNERSHIP BETWEEN PARTIES AND OTHERS. The provisions of this
2267	2267	subchapter and Subchapters B and D that relate to beneficial
2268	2268	ownership between parties, or between parties and P.O.D. payees or
2269	2269	beneficiaries of multiple-party accounts:
2270	2270	(1) are relevant only to controversies between those
2271	2271	persons and those persons' creditors and other successors; and
2272	2272	(2) do not affect the withdrawal power of those
2273	2273	persons under the terms of an account contract. (Tex. Prob. Code,
2274	2274	Sec. 437.)
2275	2275	Sec. 113.102. OWNERSHIP OF JOINT ACCOUNT DURING PARTIES'
2276	2276	LIFETIMES. During the lifetime of all parties to a joint account,
2277	2277	the account belongs to the parties in proportion to the net
2278	2278	contributions by each party to the sums on deposit unless there is
2279	2279	clear and convincing evidence of a different intent. (Tex. Prob.
2280	2280	Code, Sec. 438(a).)
2281	2281	Sec. 113.103. OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL
2282	2282	PAYEE'S LIFETIME. (a) During the lifetime of an original payee of
2283	2283	a P.O.D. account, the account belongs to the original payee and does
2284	2284	not belong to the P.O.D. payee or payees.
2285	2285	(b) If two or more parties are named as original payees of a
2286	2286	P.O.D. account, during the parties' lifetimes rights between the
2287	2287	parties are governed by Section 113.102. (Tex. Prob. Code, Sec.
2288	2288	438(b).)
2289	2289	Sec. 113.104. OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S
2290	2290	LIFETIME. (a) A trust account belongs beneficially to the trustee
2291	2291	during the trustee's lifetime unless:
2292	2292	(1) the terms of the account or the deposit agreement
2293	2293	manifest a contrary intent; or
2294	2294	(2) other clear and convincing evidence of an
2295	2295	irrevocable trust exists.
2296	2296	(b) If two or more parties are named as trustees on a trust
2297	2297	account, during the parties' lifetimes beneficial rights between
2298	2298	the parties are governed by Section 113.102.
2299	2299	(c) An account that is an irrevocable trust belongs
2300	2300	beneficially to the beneficiary. (Tex. Prob. Code, Sec. 438(c).)
2301	2301	Sec. 113.105. OWNERSHIP OF CONVENIENCE ACCOUNT; ADDITIONS
2302	2302	AND ACCRUALS. (a) The making of a deposit in a convenience account
2303	2303	does not affect the title to the deposit.
2304	2304	(b) A party to a convenience account is not considered to
2305	2305	have made a gift of the deposit, or of any additions or accruals to
2306	2306	the deposit, to a convenience signer.
2307	2307	(c) An addition made to a convenience account by anyone
2308	2308	other than a party, and accruals to the addition, are considered to
2309	2309	have been made by a party. (Tex. Prob. Code, Secs. 438A(b), (c),
2310	2310	(e).)
2311	2311	[Sections 113.106-113.150 reserved for expansion]
2312	2312	SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
2313	2313	Sec. 113.151. ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN
2314	2314	JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY. (a) Sums remaining on
2315	2315	deposit on the death of a party to a joint account belong to the
2316	2316	surviving party or parties against the estate of the deceased party
2317	2317	if the interest of the deceased party is made to survive to the
2318	2318	surviving party or parties by a written agreement signed by the
2319	2319	party who dies.
2320	2320	(b) Notwithstanding any other law, an agreement is
2321	2321	sufficient under this section to confer an absolute right of
2322	2322	survivorship on parties to a joint account if the agreement
2323	2323	contains a statement substantially similar to the following: "On
2324	2324	the death of one party to a joint account, all sums in the account on
2325	2325	the date of the death vest in and belong to the surviving party as
2326	2326	his or her separate property and estate."
2327	2327	(c) A survivorship agreement may not be inferred from the
2328	2328	mere fact that the account is a joint account.
2329	2329	(d) If there are two or more surviving parties to a joint
2330	2330	account that is subject to a right of survivorship agreement:
2331	2331	(1) during the parties' lifetimes respective
2332	2332	ownerships are in proportion to the parties' previous ownership
2333	2333	interests under Sections 113.102, 113.103, and 113.104, as
2334	2334	applicable, augmented by an equal share for each survivor of any
2335	2335	interest a deceased party owned in the account immediately before
2336	2336	that party's death; and
2337	2337	(2) the right of survivorship continues between the
2338	2338	surviving parties if a written agreement signed by a party who dies
2339	2339	provides for that continuation. (Tex. Prob. Code, Sec. 439(a).)
2340	2340	Sec. 113.152. OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF
2341	2341	PARTY. (a) If the account is a P.O.D. account and there is a
2342	2342	written agreement signed by the original payee or payees, on the
2343	2343	death of the original payee or on the death of the survivor of two or
2344	2344	more original payees, any sums remaining on deposit belong to:
2345	2345	(1) the P.O.D. payee or payees if surviving; or
2346	2346	(2) the survivor of the P.O.D. payees if one or more
2347	2347	P.O.D. payees die before the original payee.
2348	2348	(b) If two or more P.O.D. payees survive, no right of
2349	2349	survivorship exists between the surviving P.O.D. payees unless the
2350	2350	terms of the account or deposit agreement expressly provide for
2351	2351	survivorship between those payees. (Tex. Prob. Code, Sec. 439(b).)
2352	2352	Sec. 113.153. OWNERSHIP OF TRUST ACCOUNT ON DEATH OF
2353	2353	TRUSTEE. (a) If the account is a trust account and there is a
2354	2354	written agreement signed by the trustee or trustees, on death of the
2355	2355	trustee or the survivor of two or more trustees, any sums remaining
2356	2356	on deposit belong to:
2357	2357	(1) the person or persons named as beneficiaries, if
2358	2358	surviving; or
2359	2359	(2) the survivor of the persons named as beneficiaries
2360	2360	if one or more beneficiaries die before the trustee.
2361	2361	(b) If two or more beneficiaries survive, no right of
2362	2362	survivorship exists between the surviving beneficiaries unless the
2363	2363	terms of the account or deposit agreement expressly provide for
2364	2364	survivorship between those beneficiaries. (Tex. Prob. Code, Sec.
2365	2365	439(c).)
2366	2366	Sec. 113.154. OWNERSHIP OF CONVENIENCE ACCOUNT ON DEATH OF
2367	2367	PARTY. On the death of the last surviving party to a convenience
2368	2368	account:
2369	2369	(1) a convenience signer has no right of survivorship
2370	2370	in the account; and
2371	2371	(2) ownership of the account remains in the estate of
2372	2372	the last surviving party. (Tex. Prob. Code, Sec. 438A(d).)
2373	2373	Sec. 113.155. EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS
2374	2374	WITHOUT RIGHTS OF SURVIVORSHIP. The death of a party to a
2375	2375	multiple-party account to which Sections 113.151, 113.152, and
2376	2376	113.153 do not apply has no effect on the beneficial ownership of
2377	2377	the account, other than to transfer the rights of the deceased party
2378	2378	as part of the deceased party's estate. (Tex. Prob. Code, Sec.
2379	2379	439(d).)
2380	2380	Sec. 113.156. APPLICABILITY OF CERTAIN PROVISIONS ON DEATH
2381	2381	OF PARTY. Sections 113.151, 113.152, 113.153, and 113.155 as to
2382	2382	rights of survivorship are determined by the form of the account at
2383	2383	the death of a party. (Tex. Prob. Code, Sec. 440 (part).)
2384	2384	Sec. 113.157. WRITTEN NOTICE TO FINANCIAL INSTITUTIONS
2385	2385	REGARDING FORM OF ACCOUNT. Notwithstanding any other law, the form
2386	2386	of an account may be altered by written order given by a party to the
2387	2387	financial institution to change the form of the account or to stop
2388	2388	or vary payment under the terms of the account. The order or
2389	2389	request must be signed by a party, received by the financial
2390	2390	institution during the party's lifetime, and not countermanded by
2391	2391	another written order of the same party during the party's
2392	2392	lifetime. (Tex. Prob. Code, Sec. 440 (part).)
2393	2393	Sec. 113.158. NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS.
2394	2394	Transfers resulting from the application of Sections 113.151,
2395	2395	113.152, 113.153, and 113.155 are effective by reason of the
2396	2396	account contracts involved and this chapter and are not to be
2397	2397	considered testamentary transfers or subject to the testamentary
2398	2398	provisions of this title. (Tex. Prob. Code, Sec. 441.)
2399	2399	[Sections 113.159-113.200 reserved for expansion]
2400	2400	SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS
2401	2401	Sec. 113.201. APPLICABILITY OF SUBCHAPTER. This subchapter
2402	2402	and Section 113.003(b) govern:
2403	2403	(1) the liability of financial institutions that make
2404	2404	payments as provided by this subchapter; and
2405	2405	(2) the set-off rights of those institutions. (Tex.
2406	2406	Prob. Code, Sec. 443.)
2407	2407	Sec. 113.202. PAYMENT OF MULTIPLE-PARTY ACCOUNT. A
2408	2408	multiple-party account may be paid, on request, to any one or more
2409	2409	of the parties. (Tex. Prob. Code, Sec. 444 (part).)
2410	2410	Sec. 113.203. PAYMENT OF JOINT ACCOUNT. (a) Subject to
2411	2411	Subsection (b), amounts in a joint account may be paid, on request,
2412	2412	to any party without regard to whether any other party is
2413	2413	incapacitated or deceased at the time the payment is demanded.
2414	2414	(b) Payment may not be made to the personal representative
2415	2415	or heir of a deceased party unless:
2416	2416	(1) proofs of death are presented to the financial
2417	2417	institution showing that the deceased party was the last surviving
2418	2418	party; or
2419	2419	(2) there is no right of survivorship under Sections
2420	2420	113.151, 113.152, 113.153, and 113.155. (Tex. Prob. Code, Sec. 445
2421	2421	(part).)
2422	2422	Sec. 113.204. PAYMENT OF P.O.D. ACCOUNT. (a) A P.O.D.
2423	2423	account may be paid, on request, to any original payee of the
2424	2424	account.
2425	2425	(b) Payment may be made, on request, to the P.O.D. payee or
2426	2426	to the personal representative or heirs of a deceased P.O.D. payee
2427	2427	on the presentation to the financial institution of proof of death
2428	2428	showing that the P.O.D. payee survived each person named as an
2429	2429	original payee.
2430	2430	(c) Payment may be made to the personal representative or
2431	2431	heirs of a deceased original payee if proof of death is presented to
2432	2432	the financial institution showing that the deceased original payee
2433	2433	was the survivor of each other person named on the account as an
2434	2434	original payee or a P.O.D. payee. (Tex. Prob. Code, Sec. 446.)
2435	2435	Sec. 113.205. PAYMENT OF TRUST ACCOUNT. (a) A trust
2436	2436	account may be paid, on request, to any trustee.
2437	2437	(b) Unless a financial institution has received written
2438	2438	notice that a beneficiary has a vested interest not dependent on the
2439	2439	beneficiary's surviving the trustee, payment may be made to the
2440	2440	personal representative or heirs of a deceased trustee if proof of
2441	2441	death is presented to the financial institution showing that the
2442	2442	deceased trustee was the survivor of each other person named on the
2443	2443	account as a trustee or beneficiary.
2444	2444	(c) Payment may be made, on request, to a beneficiary if
2445	2445	proof of death is presented to the financial institution showing
2446	2446	that the beneficiary or beneficiaries survived all persons named as
2447	2447	trustees. (Tex. Prob. Code, Sec. 447.)
2448	2448	Sec. 113.206. PAYMENT OF CONVENIENCE ACCOUNT. Deposits to
2449	2449	a convenience account and additions and accruals to the deposits
2450	2450	may be paid to a party or a convenience signer. (Tex. Prob. Code,
2451	2451	Sec. 438A(f) (part).)
2452	2452	Sec. 113.207. LIABILITY FOR PAYMENT FROM JOINT ACCOUNT
2453	2453	AFTER DEATH. A financial institution that pays an amount from a
2454	2454	joint account to a surviving party to that account in accordance
2455	2455	with a written agreement under Section 113.151 is not liable to an
2456	2456	heir, devisee, or beneficiary of the deceased party's estate.
2457	2457	(Tex. Prob. Code, Sec. 445 (part).)
2458	2458	Sec. 113.208. LIABILITY FOR PAYMENT FROM CONVENIENCE
2459	2459	ACCOUNT. (a) A financial institution is completely released from
2460	2460	liability for a payment made from a convenience account before the
2461	2461	financial institution receives notice in writing signed by a party
2462	2462	not to make the payment in accordance with the terms of the account.
2463	2463	After receipt of the notice from a party, the financial institution
2464	2464	may require a party to approve any further payments from the
2465	2465	account.
2466	2466	(b) A financial institution that makes a payment of the sums
2467	2467	on deposit in a convenience account to a convenience signer after
2468	2468	the death of the last surviving party, but before the financial
2469	2469	institution receives written notice of the last surviving party's
2470	2470	death, is completely released from liability for the payment.
2471	2471	(c) A financial institution that makes a payment of the sums
2472	2472	on deposit in a convenience account to the personal representative
2473	2473	of the deceased last surviving party's estate after the death of the
2474	2474	last surviving party, but before a court order prohibiting payment
2475	2475	is served on the financial institution, is, to the extent of the
2476	2476	payment, released from liability to any person claiming a right to
2477	2477	the funds. The personal representative's receipt of the funds is a
2478	2478	complete release and discharge of the financial institution. (Tex.
2479	2479	Prob. Code, Secs. 438A(f) (part), (g).)
2480	2480	Sec. 113.209. DISCHARGE FROM CLAIMS. (a) Payment made in
2481	2481	accordance with Section 113.202, 113.203, 113.204, 113.205, or
2482	2482	113.207 discharges the financial institution from all claims for
2483	2483	those amounts paid regardless of whether the payment is consistent
2484	2484	with the beneficial ownership of the account between parties,
2485	2485	P.O.D. payees, or beneficiaries, or their successors.
2486	2486	(b) The protection provided by Subsection (a) does not
2487	2487	extend to payments made after a financial institution receives,
2488	2488	from any party able to request present payment, written notice to
2489	2489	the effect that withdrawals in accordance with the terms of the
2490	2490	account should not be permitted. Unless the notice is withdrawn by
2491	2491	the person giving the notice, the successor of a deceased party must
2492	2492	concur in a demand for withdrawal for the financial institution to
2493	2493	be protected under Subsection (a).
2494	2494	(c) No notice, other than the notice described by Subsection
2495	2495	(b), or any other information shown to have been available to a
2496	2496	financial institution affects the institution's right to the
2497	2497	protection provided by Subsection (a).
2498	2498	(d) The protection provided by Subsection (a) does not
2499	2499	affect the rights of parties in disputes between the parties or the
2500	2500	parties' successors concerning the beneficial ownership of funds
2501	2501	in, or withdrawn from, multiple-party accounts. (Tex. Prob. Code,
2502	2502	Sec. 448.)
2503	2503	Sec. 113.210. SET-OFF TO FINANCIAL INSTITUTION. (a)
2504	2504	Without qualifying any other statutory right to set-off or lien and
2505	2505	subject to any contractual provision, if a party to a
2506	2506	multiple-party account is indebted to a financial institution, the
2507	2507	financial institution has a right to set-off against the account in
2508	2508	which the party has, or had immediately before the party's death, a
2509	2509	present right of withdrawal.
2510	2510	(b) The amount of the account subject to set-off under this
2511	2511	section is that proportion to which the debtor is, or was
2512	2512	immediately before the debtor's death, beneficially entitled, and
2513	2513	in the absence of proof of net contributions, to an equal share with
2514	2514	all parties having present rights of withdrawal. (Tex. Prob. Code,
2515	2515	Sec. 449.)
2516	2516	[Sections 113.211-113.250 reserved for expansion]
2517	2517	SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT
2518	2518	Sec. 113.251. PLEDGE OF ACCOUNT. (a) A party to a
2519	2519	multiple-party account may pledge the account or otherwise create a
2520	2520	security interest in the account without the joinder of, as
2521	2521	applicable, a P.O.D. payee, a beneficiary, a convenience signer, or
2522	2522	any other party to a joint account, regardless of whether a right
2523	2523	of survivorship exists.
2524	2524	(b) A convenience signer may not pledge or otherwise create
2525	2525	a security interest in an account.
2526	2526	(c) Not later than the 30th day after the date a security
2527	2527	interest on a multiple-party account is perfected, a secured
2528	2528	creditor that is a financial institution with accounts insured by
2529	2529	the Federal Deposit Insurance Corporation shall provide written
2530	2530	notice of the pledge of the account to any other party to the
2531	2531	account who did not create the security interest. The notice must
2532	2532	be sent by certified mail to each other party at the last address
2533	2533	the party provided to the depository bank.
2534	2534	(d) The financial institution is not required to provide the
2535	2535	notice described by Subsection (c) to a P.O.D. payee, beneficiary,
2536	2536	or convenience signer. (Tex. Prob. Code, Sec. 442 (part).)
2537	2537	Sec. 113.252. RIGHTS OF CREDITORS. (a) A multiple-party
2538	2538	account is not effective against:
2539	2539	(1) an estate of a deceased party to transfer to a
2540	2540	survivor amounts needed to pay debts, taxes, and expenses of
2541	2541	administration, including statutory allowances to the surviving
2542	2542	spouse and minor children, if other assets of the estate are
2543	2543	insufficient; or
2544	2544	(2) the claim of a secured creditor who has a lien on
2545	2545	the account.
2546	2546	(b) A party, P.O.D. payee, or beneficiary who receives
2547	2547	payment from a multiple-party account after the death of a deceased
2548	2548	party is liable to account to the deceased party's personal
2549	2549	representative for amounts the deceased party owned beneficially
2550	2550	immediately before the party's death to the extent necessary to
2551	2551	discharge the claims and charges described by Subsection (a) that
2552	2552	remain unpaid after application of the deceased party's estate.
2553	2553	The party, P.O.D. payee, or beneficiary is not liable in an amount
2554	2554	greater than the amount the party, P.O.D. payee, or beneficiary
2555	2555	received from the multiple-party account.
2556	2556	(c) A proceeding to assert liability under Subsection (b):
2557	2557	(1) may only be commenced if the personal
2558	2558	representative receives a written demand by a surviving spouse, a
2559	2559	creditor, or one acting for a minor child of the deceased party; and
2560	2560	(2) must be commenced on or before the second
2561	2561	anniversary of the death of the deceased party.
2562	2562	(d) Amounts recovered by the personal representative under
2563	2563	this section must be administered as part of the decedent's estate.
2564	2564	(Tex. Prob. Code, Sec. 442 (part).)
2565	2565	Sec. 113.253. NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES
2566	2566	OF FINANCIAL INSTITUTIONS. This subchapter does not:
2567	2567	(1) affect the right of a financial institution to
2568	2568	make payment on multiple-party accounts according to the terms of
2569	2569	the account; or
2570	2570	(2) make the financial institution liable to the
2571	2571	estate of a deceased party unless, before payment, the institution
2572	2572	received written notice from the personal representative stating
2573	2573	the amounts needed to pay debts, taxes, claims, and expenses of
2574	2574	administration. (Tex. Prob. Code, Sec. 442 (part).)
2575	2575	[Chapters 114-120 reserved for expansion]
2576	2576	CHAPTER 121. SURVIVAL REQUIREMENTS
2577	2577	SUBCHAPTER A. GENERAL PROVISIONS
2578	2578	Sec. 121.001. APPLICABILITY OF CHAPTER
2579	2579	[Sections 121.002-121.050 reserved for expansion]
2580	2580	SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES
2581	2581	CERTAIN OTHER PURPOSES
2582	2582	Sec. 121.051. APPLICABILITY OF SUBCHAPTER
2583	2583	Sec. 121.052. REQUIRED PERIOD OF SURVIVAL FOR
2584	2584	PURPOSES
2585	2585	Sec. 121.053. INTESTATE SUCCESSION: FAILURE TO
2586	2586	CIRCUMSTANCES
2587	2587	[Sections 121.054-121.100 reserved for expansion]
2588	2588	SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES
2589	2589	Sec. 121.101. REQUIRED PERIOD OF SURVIVAL FOR DEVISEE
2590	2590	Sec. 121.102. REQUIRED PERIOD OF SURVIVAL FOR
2591	2591	CONTINGENT BENEFICIARY
2592	2592	[Sections 121.103-121.150 reserved for expansion]
2593	2593	SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE TO SURVIVE FOR REQUIRED PERIOD
2594	2594	TO SURVIVE FOR REQUIRED PERIOD
2595	2595	Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY
2596	2596	Sec. 121.152. DISTRIBUTION OF PROPERTY OWNED BY JOINT
2597	2597	OWNERS
2598	2598	Sec. 121.153. DISTRIBUTION OF CERTAIN INSURANCE
2599	2599	PROCEEDS
2600	2600	CHAPTER 121. SURVIVAL REQUIREMENTS
2601	2601	SUBCHAPTER A. GENERAL PROVISIONS
2602	2602	Sec. 121.001. APPLICABILITY OF CHAPTER. This chapter does
2603	2603	not apply if provision has been made by will, living trust, deed, or
2604	2604	insurance contract, or in any other manner, for a disposition of
2605	2605	property that is different from the disposition of the property
2606	2606	that would be made if the provisions of this chapter applied. (Tex.
2607	2607	Prob. Code, Sec. 47(f).)
2608	2608	[Sections 121.002-121.050 reserved for expansion]
2609	2609	SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND
2610	2610	CERTAIN OTHER PURPOSES
2611	2611	Sec. 121.051. APPLICABILITY OF SUBCHAPTER. This subchapter
2612	2612	does not apply if the application of this subchapter would result in
2613	2613	the escheat of an intestate estate. (Tex. Prob. Code, Sec. 47(a)
2614	2614	(part).)
2615	2615	Sec. 121.052. REQUIRED PERIOD OF SURVIVAL FOR INTESTATE
2616	2616	SUCCESSION AND CERTAIN OTHER PURPOSES. A person who does not
2617	2617	survive a decedent by 120 hours is considered to have predeceased
2618	2618	the decedent for purposes of the homestead allowance, exempt
2619	2619	property, and intestate succession, and the decedent's heirs are
2620	2620	determined accordingly, except as otherwise provided by this
2621	2621	chapter. (Tex. Prob. Code, Sec. 47(a) (part).)
2622	2622	Sec. 121.053. INTESTATE SUCCESSION: FAILURE TO SURVIVE
2623	2623	PRESUMED UNDER CERTAIN CIRCUMSTANCES. A person who, if the person
2624	2624	survived a decedent by 120 hours, would be the decedent's heir is
2625	2625	considered not to have survived the decedent for the required
2626	2626	period if:
2627	2627	(1) the time of death of the decedent or of the person,
2628	2628	or the times of death of both, cannot be determined; and
2629	2629	(2) the person's survival for the required period
2630	2630	after the decedent's death cannot be established. (Tex. Prob.
2631	2631	Code, Sec. 47(a) (part).)
2632	2632	[Sections 121.054-121.100 reserved for expansion]
2633	2633	SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES
2634	2634	Sec. 121.101. REQUIRED PERIOD OF SURVIVAL FOR DEVISEE. A
2635	2635	devisee who does not survive the testator by 120 hours is treated as
2636	2636	if the devisee predeceased the testator unless the testator's will
2637	2637	contains some language that:
2638	2638	(1) deals explicitly with simultaneous death or deaths
2639	2639	in a common disaster; or
2640	2640	(2) requires the devisee to survive the testator, or
2641	2641	to survive the testator for a stated period, to take under the will.
2642	2642	(Tex. Prob. Code, Sec. 47(c) (part).)
2643	2643	Sec. 121.102. REQUIRED PERIOD OF SURVIVAL FOR CONTINGENT
2644	2644	BENEFICIARY. (a) If property is disposed of in a manner that
2645	2645	conditions the right of a beneficiary to succeed to an interest in
2646	2646	the property on the beneficiary surviving another person, the
2647	2647	beneficiary is considered not to have survived the other person
2648	2648	unless the beneficiary survives the person by 120 hours, except as
2649	2649	provided by Subsection (b).
2650	2650	(b) If an interest in property is given alternatively to one
2651	2651	of two or more beneficiaries, with the right of each beneficiary to
2652	2652	take being dependent on that beneficiary surviving the other
2653	2653	beneficiary or beneficiaries, and all of the beneficiaries die
2654	2654	within a period of less than 120 hours, the property shall be
2655	2655	divided into as many equal portions as there are beneficiaries. The
2656	2656	portions shall be distributed respectively to those who would have
2657	2657	taken if each beneficiary had survived. (Tex. Prob. Code, Sec.
2658	2658	47(c) (part).)
2659	2659	[Sections 121.103-121.150 reserved for expansion]
2660	2660	SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE
2661	2661	TO SURVIVE FOR REQUIRED PERIOD
2662	2662	Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY. (a)
2663	2663	This section applies to community property, including the proceeds
2664	2664	of life or accident insurance that are community property and
2665	2665	become payable to the estate of either the husband or wife.
2666	2666	(b) If a husband and wife die leaving community property but
2667	2667	neither survives the other by 120 hours, one-half of all community
2668	2668	property shall be distributed as if the husband had survived, and
2669	2669	the other one-half shall be distributed as if the wife had survived.
2670	2670	(Tex. Prob. Code, Sec. 47(b).)
2671	2671	Sec. 121.152. DISTRIBUTION OF PROPERTY OWNED BY JOINT
2672	2672	OWNERS. If property, including community property with a right of
2673	2673	survivorship, is owned so that one of two joint owners is entitled
2674	2674	to the whole of the property on the death of the other, but neither
2675	2675	survives the other by 120 hours, one-half of the property shall be
2676	2676	distributed as if one joint owner had survived, and the other
2677	2677	one-half shall be distributed as if the other joint owner had
2678	2678	survived. If there are more than two joint owners and all of the
2679	2679	joint owners die within a period of less than 120 hours, the
2680	2680	property shall be divided into as many equal portions as there are
2681	2681	joint owners and the portions shall be distributed respectively to
2682	2682	those who would have taken if each joint owner survived. (Tex.
2683	2683	Prob. Code, Sec. 47(d).)
2684	2684	Sec. 121.153. DISTRIBUTION OF CERTAIN INSURANCE PROCEEDS.
2685	2685	(a) If the insured under a life or accident insurance policy and a
2686	2686	beneficiary of the proceeds of that policy die within a period of
2687	2687	less than 120 hours, the insured is considered to have survived the
2688	2688	beneficiary for the purpose of determining the rights under the
2689	2689	policy of the beneficiary or beneficiaries as such.
2690	2690	(b) This section does not prevent the applicability of
2691	2691	Section 121.151 to proceeds of life or accident insurance that are
2692	2692	community property. (Tex. Prob. Code, Sec. 47(e).)
2693	2693	CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
2694	2694	SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER
2695	2695	Sec. 122.001. DEFINITIONS
2696	2696	Sec. 122.002. WHO MAY DISCLAIM
2697	2697	Sec. 122.003. EFFECTIVE DATE; CREDITORS' CLAIMS
2698	2698	Sec. 122.004. DISCLAIMER IRREVOCABLE
2699	2699	Sec. 122.005. POWER TO PROVIDE METHOD OF DISCLAIMER
2700	2700	[Sections 122.006-122.050 reserved for expansion]
2701	2701	SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER
2702	2702	Sec. 122.051. FORM
2703	2703	Sec. 122.052. FILING IN PROBATE COURT
2704	2704	Sec. 122.053. FILING IN COUNTY OF DECEDENT'S RESIDENCE
2705	2705	Sec. 122.054. NONRESIDENT DECEDENT
2706	2706	Sec. 122.055. FILING DEADLINE
2707	2707	Sec. 122.056. NOTICE
2708	2708	[Sections 122.057-122.100 reserved for expansion]
2709	2709	SUBCHAPTER C. EFFECT OF DISCLAIMER
2710	2710	Sec. 122.101. EFFECT
2711	2711	Sec. 122.102. INEFFECTIVE DISCLAIMER
2712	2712	Sec. 122.103. SUBSEQUENT DISCLAIMER
2713	2713	Sec. 122.104. DISCLAIMER AFTER ACCEPTANCE
2714	2714	Sec. 122.105. INTEREST IN TRUST PROPERTY
2715	2715	Sec. 122.106. INTEREST IN SECURITIES
2716	2716	[Sections 122.107-122.150 reserved for expansion]
2717	2717	SUBCHAPTER D. PARTIAL DISCLAIMER
2718	2718	Sec. 122.151. PARTIAL DISCLAIMER
2719	2719	Sec. 122.152. EFFECT OF PARTIAL DISCLAIMER
2720	2720	Sec. 122.153. PARTIAL DISCLAIMER BY SPOUSE
2721	2721	[Sections 122.154-122.200 reserved for expansion]
2722	2722	SUBCHAPTER E. ASSIGNMENT OF INTEREST
2723	2723	Sec. 122.201. ASSIGNMENT
2724	2724	Sec. 122.202. FILING OF ASSIGNMENT
2725	2725	Sec. 122.203. NOTICE
2726	2726	Sec. 122.204. FAILURE TO COMPLY
2727	2727	Sec. 122.205. GIFT
2728	2728	Sec. 122.206. SPENDTHRIFT PROVISION
2729	2729	CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
2730	2730	SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER
2731	2731	Sec. 122.001. DEFINITIONS. In this chapter, other than
2732	2732	Subchapter E:
2733	2733	(1) "Beneficiary" includes a person who would have
2734	2734	been entitled, if the person had not made a disclaimer, to receive
2735	2735	property as a result of the death of another person:
2736	2736	(A) by inheritance;
2737	2737	(B) under a will;
2738	2738	(C) by an agreement between spouses for community
2739	2739	property with a right of survivorship;
2740	2740	(D) by a joint tenancy with a right of
2741	2741	survivorship;
2742	2742	(E) by a survivorship agreement, account, or
2743	2743	interest in which the interest of the decedent passes to a surviving
2744	2744	beneficiary;
2745	2745	(F) by an insurance, annuity, endowment,
2746	2746	employment, deferred compensation, or other contract or
2747	2747	arrangement; or
2748	2748	(G) under a pension, profit sharing, thrift,
2749	2749	stock bonus, life insurance, survivor income, incentive, or other
2750	2750	plan or program providing retirement, welfare, or fringe benefits
2751	2751	with respect to an employee or a self-employed individual.
2752	2752	(2) "Disclaimer" includes renunciation.
2753	2753	(3) "Property" includes all legal and equitable
2754	2754	interests, powers, and property, present or future, vested or
2755	2755	contingent, and beneficial or burdensome, in whole or in part.
2756	2756	(Tex. Prob. Code, Sec. 37A(e).)
2757	2757	Sec. 122.002. WHO MAY DISCLAIM. (a) A person who may be
2758	2758	entitled to receive property as a beneficiary who on or after
2759	2759	September 1, 1977, intends to irrevocably disclaim all or any part
2760	2760	of the property shall evidence the disclaimer as provided by this
2761	2761	chapter.
2762	2762	(b) Subject to Subsection (c), the legally authorized
2763	2763	representative of a person who may be entitled to receive property
2764	2764	as a beneficiary who on or after September 1, 1977, intends to
2765	2765	irrevocably disclaim all or any part of the property on the
2766	2766	beneficiary's behalf shall evidence the disclaimer as provided by
2767	2767	this chapter.
2768	2768	(c) A disclaimer made by a legally authorized
2769	2769	representative described by Subsection (d)(1), (2), or (3), other
2770	2770	than an independent executor, must be made with prior court
2771	2771	approval of the court that has or would have jurisdiction over the
2772	2772	legally authorized representative. A disclaimer made by an
2773	2773	independent executor on behalf of a decedent may be made without
2774	2774	prior court approval.
2775	2775	(d) In this section, "legally authorized representative"
2776	2776	means:
2777	2777	(1) a guardian if the person entitled to receive the
2778	2778	property as a beneficiary is an incapacitated person;
2779	2779	(2) a guardian ad litem if the person entitled to
2780	2780	receive the property as a beneficiary is an unborn or unascertained
2781	2781	person;
2782	2782	(3) a personal representative, including an
2783	2783	independent executor, if the person entitled to receive the
2784	2784	property as a beneficiary is a decedent; or
2785	2785	(4) an attorney in fact or agent appointed under a
2786	2786	durable power of attorney authorizing disclaimers if the person
2787	2787	entitled to receive the property as a beneficiary executed the
2788	2788	power of attorney as a principal. (Tex. Prob. Code, Sec. 37A(a).)
2789	2789	Sec. 122.003. EFFECTIVE DATE; CREDITORS' CLAIMS. (a) A
2790	2790	disclaimer evidenced as provided by this chapter is effective for
2791	2791	all purposes as of the date of the decedent's death.
2792	2792	(b) Property disclaimed in accordance with this chapter is
2793	2793	not subject to the claims of a creditor of the disclaimant. (Tex.
2794	2794	Prob. Code, Sec. 37A(b).)
2795	2795	Sec. 122.004. DISCLAIMER IRREVOCABLE. A disclaimer that is
2796	2796	filed and served as provided by this chapter is irrevocable. (Tex.
2797	2797	Prob. Code, Sec. 37A(k).)
2798	2798	Sec. 122.005. POWER TO PROVIDE METHOD OF DISCLAIMER. A
2799	2799	will, insurance policy, employee benefit agreement, or other
2800	2800	instrument may provide for the making of a disclaimer by a
2801	2801	beneficiary of an interest receivable under that instrument and for
2802	2802	the disposition of disclaimed property in a manner different than
2803	2803	provided by this chapter. (Tex. Prob. Code, Sec. 37A(j).)
2804	2804	[Sections 122.006-122.050 reserved for expansion]
2805	2805	SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER
2806	2806	Sec. 122.051. FORM. A disclaimer of property receivable by
2807	2807	a beneficiary must be evidenced by written memorandum acknowledged
2808	2808	before:
2809	2809	(1) a notary public; or
2810	2810	(2) another person authorized to take acknowledgments
2811	2811	of conveyances of real estate. (Tex. Prob. Code, Sec. 37A(g).)
2812	2812	Sec. 122.052. FILING IN PROBATE COURT. Except as provided
2813	2813	by Sections 122.053 and 122.054, the written memorandum of
2814	2814	disclaimer must be filed in the probate court in which:
2815	2815	(1) the decedent's will has been probated;
2816	2816	(2) proceedings have commenced for the administration
2817	2817	of the decedent's estate; or
2818	2818	(3) an application has been filed for probate of the
2819	2819	decedent's will or administration of the decedent's estate. (Tex.
2820	2820	Prob. Code, Sec. 37A(h) (part).)
2821	2821	Sec. 122.053. FILING IN COUNTY OF DECEDENT'S RESIDENCE.
2822	2822	The written memorandum of disclaimer must be filed with the county
2823	2823	clerk of the county of the decedent's residence on the date of the
2824	2824	decedent's death if:
2825	2825	(1) the administration of the decedent's estate is
2826	2826	closed;
2827	2827	(2) one year has expired since the date letters
2828	2828	testamentary were issued in an independent administration;
2829	2829	(3) a will of the decedent has not been probated or
2830	2830	filed for probate;
2831	2831	(4) administration of the decedent's estate has not
2832	2832	commenced; or
2833	2833	(5) an application for administration of the
2834	2834	decedent's estate has not been filed. (Tex. Prob. Code, Sec. 37A(h)
2835	2835	(part).)
2836	2836	Sec. 122.054. NONRESIDENT DECEDENT. If the decedent is not
2837	2837	a resident of this state on the date of the decedent's death and the
2838	2838	disclaimer is of real property that is located in this state, the
2839	2839	written memorandum of disclaimer must be:
2840	2840	(1) filed with the county clerk of the county in which
2841	2841	the real property is located; and
2842	2842	(2) recorded by the county clerk in the deed records of
2843	2843	that county. (Tex. Prob. Code, Sec. 37A(h) (part).)
2844	2844	Sec. 122.055. FILING DEADLINE. (a) Except as provided by
2845	2845	Subsection (c), a written memorandum of disclaimer of a present
2846	2846	interest must be filed not later than nine months after the date of
2847	2847	the decedent's death.
2848	2848	(b) Except as provided by Subsection (c), a written
2849	2849	memorandum of disclaimer of a future interest may be filed not later
2850	2850	than nine months after the date of the event determining that the
2851	2851	taker of the property or interest is finally ascertained and the
2852	2852	taker's interest is indefeasibly vested.
2853	2853	(c) If the beneficiary is a charitable organization or a
2854	2854	governmental agency of the state, a written memorandum of
2855	2855	disclaimer of a present or future interest must be filed not later
2856	2856	than the later of:
2857	2857	(1) the first anniversary of the date the beneficiary
2858	2858	receives the notice required by Subchapter A, Chapter 308; or
2859	2859	(2) the expiration of the six-month period following
2860	2860	the date the personal representative files the inventory,
2861	2861	appraisement, and list of claims due or owing to the estate. (Tex.
2862	2862	Prob. Code, Sec. 37A(h) (part).)
2863	2863	Sec. 122.056. NOTICE. (a) Except as provided by Subsection
2864	2864	(b), a copy of the written memorandum of disclaimer shall be
2865	2865	delivered in person to, or mailed by registered or certified mail to
2866	2866	and received by, the legal representative of the transferor of the
2867	2867	interest or the holder of legal title to the property to which the
2868	2868	disclaimer relates not later than nine months after:
2869	2869	(1) the date of the decedent's death; or
2870	2870	(2) if the interest is a future interest, the date the
2871	2871	person who will receive the property or interest is finally
2872	2872	ascertained and the person's interest is indefeasibly vested.
2873	2873	(b) If the beneficiary is a charitable organization or a
2874	2874	governmental agency of this state, notice of a disclaimer required
2875	2875	by Subsection (a) must be filed not later than the later of:
2876	2876	(1) the first anniversary of the date the beneficiary
2877	2877	receives the notice required by Subchapter A, Chapter 308; or
2878	2878	(2) the expiration of the six-month period following
2879	2879	the date the personal representative files the inventory,
2880	2880	appraisement, and list of claims due or owing to the estate. (Tex.
2881	2881	Prob. Code, Sec. 37A(i).)
2882	2882	[Sections 122.057-122.100 reserved for expansion]
2883	2883	SUBCHAPTER C. EFFECT OF DISCLAIMER
2884	2884	Sec. 122.101. EFFECT. Unless the decedent's will provides
2885	2885	otherwise:
2886	2886	(1) property subject to a disclaimer passes as if the
2887	2887	person disclaiming or on whose behalf a disclaimer is made had
2888	2888	predeceased the decedent; and
2889	2889	(2) a future interest that would otherwise take effect
2890	2890	in possession or enjoyment after the termination of the estate or
2891	2891	interest that is disclaimed takes effect as if the disclaiming
2892	2892	beneficiary had predeceased the decedent. (Tex. Prob. Code, Sec.
2893	2893	37A(c).)
2894	2894	Sec. 122.102. INEFFECTIVE DISCLAIMER. (a) Except as
2895	2895	provided by Subsection (b), a disclaimer that does not comply with
2896	2896	this chapter is ineffective.
2897	2897	(b) A disclaimer otherwise ineffective under Subsection (a)
2898	2898	is effective as an assignment of the disclaimed property to those
2899	2899	who would have received the property had the person attempting the
2900	2900	disclaimer died before the decedent. (Tex. Prob. Code, Sec.
2901	2901	37A(d).)
2902	2902	Sec. 122.103. SUBSEQUENT DISCLAIMER. This chapter does not
2903	2903	prevent a person who is entitled to property as the result of a
2904	2904	disclaimer from subsequently disclaiming the property. (Tex. Prob.
2905	2905	Code, Sec. 37A(f).)
2906	2906	Sec. 122.104. DISCLAIMER AFTER ACCEPTANCE. A disclaimer is
2907	2907	not effective if the person making the disclaimer has previously
2908	2908	accepted the property by taking possession or exercising dominion
2909	2909	and control of the property as a beneficiary. (Tex. Prob. Code,
2910	2910	Sec. 37A(n).)
2911	2911	Sec. 122.105. INTEREST IN TRUST PROPERTY. A beneficiary
2912	2912	who accepts an interest in a trust is not considered to have a
2913	2913	direct or indirect interest in trust property that relates to a
2914	2914	licensed or permitted business and over which the beneficiary
2915	2915	exercises no control. (Tex. Prob. Code, Sec. 37A(o) (part).)
2916	2916	Sec. 122.106. INTEREST IN SECURITIES. Direct or indirect
2917	2917	beneficial ownership of not more than five percent of any class of
2918	2918	equity securities that is registered under the Securities Exchange
2919	2919	Act of 1934 (15 U.S.C. Section 78a et seq.) is not considered an
2920	2920	ownership interest in the business of the issuer of the securities
2921	2921	within the meaning of any statute, pursuant thereto. (Tex. Prob.
2922	2922	Code, Sec. 37A(o) (part).)
2923	2923	[Sections 122.107-122.150 reserved for expansion]
2924	2924	SUBCHAPTER D. PARTIAL DISCLAIMER
2925	2925	Sec. 122.151. PARTIAL DISCLAIMER. A person who may be
2926	2926	entitled to receive property as a beneficiary may wholly or partly
2927	2927	disclaim the property, including:
2928	2928	(1) specific powers of invasion;
2929	2929	(2) powers of appointment; and
2930	2930	(3) fee estate in favor of life estates. (Tex. Prob.
2931	2931	Code, Sec. 37A(l) (part).)
2932	2932	Sec. 122.152. EFFECT OF PARTIAL DISCLAIMER. A partial
2933	2933	disclaimer in accordance with this chapter is effective whether the
2934	2934	property disclaimed constitutes a portion of a single, aggregate
2935	2935	gift or constitutes part or all of a separate, independent gift,
2936	2936	except that:
2937	2937	(1) a partial disclaimer is effective only with
2938	2938	respect to property expressly described or referred to by category
2939	2939	in the disclaimer; and
2940	2940	(2) a partial disclaimer of property subject to a
2941	2941	burdensome interest created by the decedent's will is not effective
2942	2942	unless the property constitutes a gift separate and distinct from
2943	2943	undisclaimed gifts. (Tex. Prob. Code, Sec. 37A(l) (part).)
2944	2944	Sec. 122.153. PARTIAL DISCLAIMER BY SPOUSE. A disclaimer
2945	2945	by the decedent's surviving spouse of a transfer by the decedent is
2946	2946	not a disclaimer by the surviving spouse of all or any part of any
2947	2947	other transfer from the decedent to or for the benefit of the
2948	2948	surviving spouse, regardless of whether the property or interest
2949	2949	that would have passed under the disclaimed transfer passes because
2950	2950	of the disclaimer to or for the benefit of the surviving spouse by
2951	2951	the other transfer. (Tex. Prob. Code, Sec. 37A(m).)
2952	2952	[Sections 122.154-122.200 reserved for expansion]
2953	2953	SUBCHAPTER E. ASSIGNMENT OF INTEREST
2954	2954	Sec. 122.201. ASSIGNMENT. A person who is entitled to
2955	2955	receive property or an interest in property from a decedent under a
2956	2956	will, by inheritance, or as a beneficiary under a life insurance
2957	2957	contract, and does not disclaim the property under this chapter may
2958	2958	assign the property or interest in property to any person. (Tex.
2959	2959	Prob. Code, Sec. 37B(a).)
2960	2960	Sec. 122.202. FILING OF ASSIGNMENT. An assignment may, at
2961	2961	the request of the assignor, be filed as provided for the filing of
2962	2962	a disclaimer under Subchapter B. (Tex. Prob. Code, Sec. 37B(b)
2963	2963	(part).)
2964	2964	Sec. 122.203. NOTICE. Notice of the filing of an assignment
2965	2965	as provided by Section 122.202 must be served as required by Section
2966	2966	122.056 for notice of a disclaimer. (Tex. Prob. Code, Sec. 37B(b)
2967	2967	(part).)
2968	2968	Sec. 122.204. FAILURE TO COMPLY. Failure to comply with
2969	2969	Subchapters A, B, C, and D does not affect an assignment. (Tex.
2970	2970	Prob. Code, Sec. 37B(c).)
2971	2971	Sec. 122.205. GIFT. An assignment under this subchapter is
2972	2972	a gift to the assignee and is not a disclaimer under Subchapters A,
2973	2973	B, C, and D. (Tex. Prob. Code, Sec. 37B(d).)
2974	2974	Sec. 122.206. SPENDTHRIFT PROVISION. An assignment of
2975	2975	property or interest that would defeat a spendthrift provision
2976	2976	imposed in a trust may not be made under this subchapter. (Tex.
2977	2977	Prob. Code, Sec. 37B(e).)
2978	2978	CHAPTER 123. DISSOLUTION OF MARRIAGE
2979	2979	SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL
2980	2980	Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION
2981	2981	OF MARRIAGE
2982	2982	Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE
2983	2983	[Sections 123.003-123.050 reserved for expansion]
2984	2984	SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN NONTESTAMENTARY TRANSFERS
2985	2985	NONTESTAMENTARY TRANSFERS
2986	2986	Sec. 123.051. DEFINITIONS
2987	2987	Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY
2988	2988	OR PLANS
2989	2989	Sec. 123.053. EFFECT OF REVOCATION
2990	2990	Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR
2991	2991	BENEFITS, OR PROPERTY
2992	2992	Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN
2993	2993	PAYMENTS, BENEFITS, OR PROPERTY
2994	2994	[Sections 123.056-123.100 reserved for expansion]
2995	2995	SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
2996	2996	Sec. 123.101. PROCEEDING TO VOID MARRIAGE BASED ON
2997	2997	DEATH
2998	2998	Sec. 123.102. APPLICATION TO VOID MARRIAGE AFTER DEATH
2999	2999	Sec. 123.103. ACTION ON APPLICATION TO VOID MARRIAGE
3000	3000	AFTER DEATH
3001	3001	Sec. 123.104. EFFECT OF VOIDED MARRIAGE
3002	3002	CHAPTER 123. DISSOLUTION OF MARRIAGE
3003	3003	SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL
3004	3004	Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION OF
3005	3005	MARRIAGE. (a) In this section, "relative" means an individual
3006	3006	related to another individual by:
3007	3007	(1) consanguinity, as determined under Section
3008	3008	573.022, Government Code; or
3009	3009	(2) affinity, as determined under Section 573.024,
3010	3010	Government Code.
3011	3011	(b) If, after the testator makes a will, the testator's
3012	3012	marriage is dissolved by divorce, annulment, or a declaration that
3013	3013	the marriage is void, all provisions in the will, including all
3014	3014	fiduciary appointments, shall be read as if the former spouse and
3015	3015	each relative of the former spouse who is not a relative of the
3016	3016	testator failed to survive the testator, unless the will expressly
3017	3017	provides otherwise. (Tex. Prob. Code, Secs. 69(a), (b).)
3018	3018	Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE. A
3019	3019	person is not a surviving spouse of a decedent if the person's
3020	3020	marriage to the decedent has been dissolved by divorce, annulment,
3021	3021	or a declaration that the marriage is void, unless:
3022	3022	(1) as the result of a subsequent marriage, the person
3023	3023	is married to the decedent at the time of death; and
3024	3024	(2) the subsequent marriage is not declared void under
3025	3025	Subchapter C. (Tex. Prob. Code, Sec. 69(c).)
3026	3026	[Sections 123.003-123.050 reserved for expansion]
3027	3027	SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN
3028	3028	NONTESTAMENTARY TRANSFERS
3029	3029	Sec. 123.051. DEFINITIONS. In this subchapter:
3030	3030	(1) "Disposition or appointment of property" includes
3031	3031	a transfer of property to or a provision of another benefit to a
3032	3032	beneficiary under a trust instrument.
3033	3033	(2) "Divorced individual" means an individual whose
3034	3034	marriage has been dissolved by divorce or annulment.
3035	3035	(3) "Revocable," with respect to a disposition,
3036	3036	appointment, provision, or nomination, means a disposition to,
3037	3037	appointment of, provision in favor of, or nomination of an
3038	3038	individual's spouse that is contained in a trust instrument
3039	3039	executed by the individual before the dissolution of the
3040	3040	individual's marriage to the spouse and that the individual was
3041	3041	solely empowered by law or by the trust instrument to revoke
3042	3042	regardless of whether the individual had the capacity to exercise
3043	3043	the power at that time. (Tex. Prob. Code, Sec. 471.)
3044	3044	Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY
3045	3045	TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN
3046	3046	POLICIES OR PLANS. (a) The dissolution of the marriage revokes a
3047	3047	provision in a trust instrument that was executed by a divorced
3048	3048	individual before the individual's marriage was dissolved and that:
3049	3049	(1) is a revocable disposition or appointment of
3050	3050	property made to the individual's former spouse;
3051	3051	(2) confers a general or special power of appointment
3052	3052	on the individual's former spouse; or
3053	3053	(3) nominates the individual's former spouse to serve:
3054	3054	(A) as a personal representative, trustee,
3055	3055	conservator, agent, or guardian; or
3056	3056	(B) in another fiduciary or representative
3057	3057	capacity.
3058	3058	(b) Subsection (a) does not apply if one of the following
3059	3059	provides otherwise:
3060	3060	(1) a court order;
3061	3061	(2) the express terms of a trust instrument executed
3062	3062	by the divorced individual before the individual's marriage was
3063	3063	dissolved; or
3064	3064	(3) an express provision of a contract relating to the
3065	3065	division of the marital estate entered into between the divorced
3066	3066	individual and the individual's former spouse before, during, or
3067	3067	after the marriage.
3068	3068	(c) Sections 9.301 and 9.302, Family Code, govern the
3069	3069	designation of a former spouse as a beneficiary of certain life
3070	3070	insurance policies or as a beneficiary under certain retirement
3071	3071	benefit plans or other financial plans. (Tex. Prob. Code, Sec.
3072	3072	472(a); New.)
3073	3073	Sec. 123.053. EFFECT OF REVOCATION. (a) An interest granted
3074	3074	in a provision of a trust instrument that is revoked under Section
3075	3075	123.052(a)(1) or (2) passes as if the former spouse of the divorced
3076	3076	individual who executed the trust instrument disclaimed the
3077	3077	interest granted in the provision.
3078	3078	(b) An interest granted in a provision of a trust instrument
3079	3079	that is revoked under Section 123.052(a)(3) passes as if the former
3080	3080	spouse died immediately before the dissolution of the marriage.
3081	3081	(Tex. Prob. Code, Sec. 472(b).)
3082	3082	Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS
3083	3083	OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A bona fide purchaser
3084	3084	of property from a divorced individual's former spouse or a person
3085	3085	who receives from the former spouse a payment, benefit, or property
3086	3086	in partial or full satisfaction of an enforceable obligation:
3087	3087	(1) is not required by this subchapter to return the
3088	3088	payment, benefit, or property; and
3089	3089	(2) is not liable under this subchapter for the amount
3090	3090	of the payment or the value of the property or benefit. (Tex. Prob.
3091	3091	Code, Sec. 473(a).)
3092	3092	Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN
3093	3093	PAYMENTS, BENEFITS, OR PROPERTY. A divorced individual's former
3094	3094	spouse who, not for value, receives a payment, benefit, or property
3095	3095	to which the former spouse is not entitled as a result of Sections
3096	3096	123.052(a) and (b):
3097	3097	(1) shall return the payment, benefit, or property to
3098	3098	the person who is entitled to the payment, benefit, or property
3099	3099	under this subchapter; or
3100	3100	(2) is personally liable to the person described by
3101	3101	Subdivision (1) for the amount of the payment or the value of the
3102	3102	benefit or property received, as applicable. (Tex. Prob. Code,
3103	3103	Sec. 473(b).)
3104	3104	[Sections 123.056-123.100 reserved for expansion]
3105	3105	SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
3106	3106	Sec. 123.101. PROCEEDING TO VOID MARRIAGE BASED ON MENTAL
3107	3107	CAPACITY PENDING AT TIME OF DEATH. (a) If a proceeding under Chapter
3108	3108	6, Family Code, to declare a marriage void based on the lack of
3109	3109	mental capacity of one of the parties to the marriage is pending on
3110	3110	the date of death of one of those parties, or if a guardianship
3111	3111	proceeding in which a court is requested under Chapter 6, Family
3112	3112	Code, to declare a ward's or proposed ward's marriage void based on
3113	3113	the lack of mental capacity of the ward or proposed ward is pending
3114	3114	on the date of the ward's or proposed ward's death, the court may
3115	3115	make the determination and declare the marriage void after the
3116	3116	decedent's death.
3117	3117	(b) In making a determination described by Subsection (a),
3118	3118	the court shall apply the standards for an annulment prescribed by
3119	3119	Section 6.108(a), Family Code. (Tex. Prob. Code, Sec. 47A(a).)
3120	3120	Sec. 123.102. APPLICATION TO VOID MARRIAGE AFTER DEATH. (a)
3121	3121	Subject to Subsection (c), if a proceeding described by Section
3122	3122	123.101(a) is not pending on the date of a decedent's death, an
3123	3123	interested person may file an application with the court requesting
3124	3124	that the court void the marriage of the decedent if:
3125	3125	(1) on the date of the decedent's death, the decedent
3126	3126	was married; and
3127	3127	(2) that marriage commenced not earlier than three
3128	3128	years before the date of the decedent's death.
3129	3129	(b) The notice applicable to a proceeding for a declaratory
3130	3130	judgment under Chapter 37, Civil Practice and Remedies Code,
3131	3131	applies to a proceeding under Subsection (a).
3132	3132	(c) An application authorized by Subsection (a) may not be
3133	3133	filed after the first anniversary of the date of the decedent's
3134	3134	death. (Tex. Prob. Code, Secs. 47A(b), (c).)
3135	3135	Sec. 123.103. ACTION ON APPLICATION TO VOID MARRIAGE AFTER
3136	3136	DEATH. (a) Except as provided by Subsection (b), in a proceeding
3137	3137	brought under Section 123.102, the court shall declare the
3138	3138	decedent's marriage void if the court finds that, on the date the
3139	3139	marriage occurred, the decedent did not have the mental capacity
3140	3140	to:
3141	3141	(1) consent to the marriage; and
3142	3142	(2) understand the nature of the marriage ceremony, if
3143	3143	a ceremony occurred.
3144	3144	(b) A court that makes a finding described by Subsection (a)
3145	3145	may not declare the decedent's marriage void if the court finds
3146	3146	that, after the date the marriage occurred, the decedent:
3147	3147	(1) gained the mental capacity to recognize the
3148	3148	marriage relationship; and
3149	3149	(2) did recognize the marriage relationship. (Tex.
3150	3150	Prob. Code, Secs. 47A(d), (e).)
3151	3151	Sec. 123.104. EFFECT OF VOIDED MARRIAGE. If the court
3152	3152	declares a decedent's marriage void in a proceeding described by
3153	3153	Section 123.101(a) or brought under Section 123.102, the other
3154	3154	party to the marriage is not considered the decedent's surviving
3155	3155	spouse for purposes of any law of this state. (Tex. Prob. Code, Sec.
3156	3156	47A(f).)
3157	3157	CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
3158	3158	SUBCHAPTER A. APPORTIONMENT OF TAXES
3159	3159	Sec. 124.001. DEFINITIONS
3160	3160	Sec. 124.002. REFERENCES TO INTERNAL REVENUE CODE
3161	3161	Sec. 124.003. APPORTIONMENT DIRECTED BY FEDERAL LAW
3162	3162	Sec. 124.004. EFFECT OF DISCLAIMERS
3163	3163	Sec. 124.005. GENERAL APPORTIONMENT OF ESTATE TAX;
3164	3164	EXCEPTIONS
3165	3165	Sec. 124.006. EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR
3166	3166	CREDITS
3167	3167	Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM
3168	3168	APPORTIONMENT
3169	3169	Sec. 124.008. EXCLUSION OF CERTAIN TEMPORARY
3170	3170	INTERESTS FROM APPORTIONMENT
3171	3171	Sec. 124.009. QUALIFIED REAL PROPERTY
3172	3172	Sec. 124.010. EFFECT OF EXTENSION OR DEFICIENCY IN
3173	3173	REPRESENTATIVE
3174	3174	Sec. 124.011. APPORTIONMENT OF INTEREST AND PENALTIES
3175	3175	Sec. 124.012. APPORTIONMENT OF REPRESENTATIVE'S
3176	3176	EXPENSES
3177	3177	Sec. 124.013. WITHHOLDING OF ESTATE TAX SHARE BY
3178	3178	REPRESENTATIVE
3179	3179	Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT
3180	3180	WITHHELD
3181	3181	Sec. 124.015. RECOVERY OF UNPAID ESTATE TAX;
3182	3182	REIMBURSEMENT
3183	3183	Sec. 124.016. TIME TO INITIATE ACTIONS TO RECOVER
3184	3184	UNPAID ESTATE TAX
3185	3185	Sec. 124.017. TAX OR DEATH DUTY PAYABLE TO ANOTHER
3186	3186	STATE
3187	3187	Sec. 124.018. PAYMENT OF EXPENSES AND ATTORNEY'S FEES
3188	3188	[Sections 124.019-124.050 reserved for expansion]
3189	3189	SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS
3190	3190	Sec. 124.051. VALUATION OF PROPERTY DISTRIBUTED IN
3191	3191	KIND IN SATISFACTION OF PECUNIARY GIFT
3192	3192	Sec. 124.052. SATISFACTION OF MARITAL DEDUCTION
3193	3193	PECUNIARY GIFTS WITH ASSETS IN KIND
3194	3194	CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
3195	3195	SUBCHAPTER A. APPORTIONMENT OF TAXES
3196	3196	Sec. 124.001. DEFINITIONS. In this subchapter:
3197	3197	(1) "Court" means:
3198	3198	(A) a court in which proceedings for
3199	3199	administration of an estate are pending or have been completed; or
3200	3200	(B) if no proceedings are pending or have been
3201	3201	completed, a court in which venue lies for the administration of an
3202	3202	estate.
3203	3203	(2) "Estate" means the gross estate of a decedent as
3204	3204	determined for the purpose of estate taxes.
3205	3205	(3) "Estate tax" means any estate, inheritance, or
3206	3206	death tax levied or assessed on the property of a decedent's estate
3207	3207	because of the death of a person and imposed by federal, state,
3208	3208	local, or foreign law, including the federal estate tax and the
3209	3209	inheritance tax imposed by Chapter 211, Tax Code, and including
3210	3210	interest and penalties imposed in addition to those taxes. The term
3211	3211	does not include a tax imposed under Section 2701(d)(1)(A),
3212	3212	Internal Revenue Code of 1986 (26 U.S.C. Section 2701(d)).
3213	3213	(4) "Person" includes a trust, natural person,
3214	3214	partnership, association, joint stock company, corporation,
3215	3215	government, political subdivision, or governmental agency.
3216	3216	(5) "Person interested in the estate" means a person,
3217	3217	or a fiduciary on behalf of that person, who is entitled to receive
3218	3218	or who has received, from a decedent or because of the death of the
3219	3219	decedent, property included in the decedent's estate for purposes
3220	3220	of the estate tax. The term does not include a creditor of the
3221	3221	decedent or of the decedent's estate.
3222	3222	(6) "Representative" means the representative,
3223	3223	executor, or administrator of an estate, or any other person who is
3224	3224	required to pay estate taxes assessed against the estate. (Tex.
3225	3225	Prob. Code, Secs. 322A(a), (s).)
3226	3226	Sec. 124.002. REFERENCES TO INTERNAL REVENUE CODE. A
3227	3227	reference in this subchapter to a section of the Internal Revenue
3228	3228	Code of 1986 refers to that section as it exists at the time in
3229	3229	question. The reference also includes a corresponding section of a
3230	3230	subsequent Internal Revenue Code and, if the referenced section is
3231	3231	renumbered, the section as renumbered. (Tex. Prob. Code, Sec.
3232	3232	322A(x).)
3233	3233	Sec. 124.003. APPORTIONMENT DIRECTED BY FEDERAL LAW. If
3234	3234	federal law directs the apportionment of the federal estate tax, a
3235	3235	similar state tax shall be apportioned in the same manner. (Tex.
3236	3236	Prob. Code, Sec. 322A(l).)
3237	3237	Sec. 124.004. EFFECT OF DISCLAIMERS. This subchapter shall
3238	3238	be applied after giving effect to any disclaimers made in
3239	3239	accordance with Subchapters A, B, C, and D, Chapter 122. (Tex.
3240	3240	Prob. Code, Sec. 322A(p).)
3241	3241	Sec. 124.005. GENERAL APPORTIONMENT OF ESTATE TAX;
3242	3242	EXCEPTIONS. (a) A representative shall charge each person
3243	3243	interested in the estate a portion of the total estate tax assessed
3244	3244	against the estate. The portion charged to each person must
3245	3245	represent the same ratio as the taxable value of that person's
3246	3246	interest in the estate included in determining the amount of the tax
3247	3247	bears to the total taxable value of all the interests of all persons
3248	3248	interested in the estate included in determining the amount of the
3249	3249	tax. In apportioning an estate tax under this subsection, the
3250	3250	representative shall disregard a portion of the tax that is:
3251	3251	(1) apportioned under the law imposing the tax;
3252	3252	(2) otherwise apportioned by federal law; or
3253	3253	(3) apportioned as otherwise provided by this
3254	3254	subchapter.
3255	3255	(b) Subsection (a) does not apply to the extent the
3256	3256	decedent, in a written inter vivos or testamentary instrument
3257	3257	disposing of or creating an interest in property, specifically
3258	3258	directs the manner of apportionment of estate tax or grants a
3259	3259	discretionary power of apportionment to another person. A
3260	3260	direction for the apportionment or nonapportionment of estate tax
3261	3261	is limited to the estate tax on the property passing under the
3262	3262	instrument unless the instrument is a will that provides otherwise.
3263	3263	(c) If directions under Subsection (b) for the
3264	3264	apportionment of an estate tax are provided in two or more
3265	3265	instruments executed by the same person and the directions in those
3266	3266	instruments conflict, the instrument disposing of or creating an
3267	3267	interest in the property to be taxed controls. If directions for
3268	3268	the apportionment of estate tax are provided in two or more
3269	3269	instruments executed by different persons and the directions in
3270	3270	those instruments conflict, the direction of the person in whose
3271	3271	estate the property is included controls.
3272	3272	(d) Subsections (b) and (c) do not:
3273	3273	(1) grant or enlarge the power of a person to apportion
3274	3274	estate tax to property passing under an instrument created by
3275	3275	another person in excess of the estate tax attributable to the
3276	3276	property; or
3277	3277	(2) apply to the extent federal law directs a
3278	3278	different manner of apportionment. (Tex. Prob. Code, Sec. 322A(b).)
3279	3279	Sec. 124.006. EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR
3280	3280	CREDITS. (a) A deduction, exemption, or credit allowed by law in
3281	3281	connection with the estate tax inures to a person interested in the
3282	3282	estate as provided by this section.
3283	3283	(b) If the deduction, exemption, or credit is allowed
3284	3284	because of the relationship of the person interested in the estate
3285	3285	to the decedent, or because of the purpose of the gift, the
3286	3286	deduction, exemption, or credit inures to the person having the
3287	3287	relationship or receiving the gift, unless that person's interest
3288	3288	in the estate is subject to a prior present interest that is not
3289	3289	allowable as a deduction. The estate tax apportionable to the
3290	3290	person having the present interest shall be paid from the corpus of
3291	3291	the gift or the interest of the person having the relationship.
3292	3292	(c) A deduction for property of the estate that was
3293	3293	previously taxed and a credit for gift taxes or death taxes of a
3294	3294	foreign country that were paid by the decedent or the decedent's
3295	3295	estate inure proportionally to all persons interested in the estate
3296	3296	who are liable for a share of the estate tax.
3297	3297	(d) A credit for inheritance, succession, or estate taxes,
3298	3298	or for similar taxes applicable to property or interests includable
3299	3299	in the estate, inures to the persons interested in the estate who
3300	3300	are chargeable with payment of a portion of those taxes to the
3301	3301	extent that the credit proportionately reduces those taxes. (Tex.
3302	3302	Prob. Code, Secs. 322A(c), (d), (e), (f).)
3303	3303	Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM
3304	3304	APPORTIONMENT. (a) To the extent that property passing to or in
3305	3305	trust for a surviving spouse or a charitable, public, or similar
3306	3306	gift or devise is not an allowable deduction for purposes of the
3307	3307	estate tax solely because of an inheritance tax or other death tax
3308	3308	imposed on and deductible from the property:
3309	3309	(1) the property is not included in the computation
3310	3310	provided for by Section 124.005; and
3311	3311	(2) no apportionment is made against the property.
3312	3312	(b) The exclusion provided by this section does not apply if
3313	3313	the result would be to deprive the estate of a deduction otherwise
3314	3314	allowable under Section 2053(d), Internal Revenue Code of 1986, for
3315	3315	a state death tax on a transfer for a public, charitable, or
3316	3316	religious use. (Tex. Prob. Code, Sec. 322A(g).)
3317	3317	Sec. 124.008. EXCLUSION OF CERTAIN TEMPORARY INTERESTS
3318	3318	FROM APPORTIONMENT. (a) Except as provided by Section 124.009(c),
3319	3319	the following temporary interests are not subject to apportionment:
3320	3320	(1) an interest in income;
3321	3321	(2) an estate for years or for life; or
3322	3322	(3) another temporary interest in any property or
3323	3323	fund.
3324	3324	(b) The estate tax apportionable to a temporary interest
3325	3325	described by Subsection (a) and the remainder, if any, is
3326	3326	chargeable against the corpus of the property or the funds that are
3327	3327	subject to the temporary interest and remainder. (Tex. Prob. Code,
3328	3328	Sec. 322A(h).)
3329	3329	Sec. 124.009. QUALIFIED REAL PROPERTY. (a) In this
3330	3330	section, "qualified real property" has the meaning assigned by
3331	3331	Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section
3332	3332	2032A).
3333	3333	(b) If an election is made under Section 2032A, Internal
3334	3334	Revenue Code of 1986 (26 U.S.C. Section 2032A), the representative
3335	3335	shall apportion estate taxes according to the amount of federal
3336	3336	estate tax that would be payable if the election were not made. The
3337	3337	representative shall apply the amount of the reduction of the
3338	3338	estate tax resulting from the election to reduce the amount of the
3339	3339	estate tax allocated based on the value of the qualified real
3340	3340	property that is the subject of the election. If the amount of that
3341	3341	reduction is greater than the amount of the taxes allocated based on
3342	3342	the value of the qualified real property, the representative shall:
3343	3343	(1) apply the excess amount to the portion of the taxes
3344	3344	allocated for all other property; and
3345	3345	(2) apportion the amount described by Subdivision (1)
3346	3346	under Section 124.005(a).
3347	3347	(c) If additional federal estate tax is imposed under
3348	3348	Section 2032A(c), Internal Revenue Code of 1986 (26 U.S.C. Section
3349	3349	2032A), because of an early disposition or cessation of a qualified
3350	3350	use, the additional tax shall be equitably apportioned among the
3351	3351	persons who have an interest in the portion of the qualified real
3352	3352	property to which the additional tax is attributable in proportion
3353	3353	to their interests. The additional tax is a charge against that
3354	3354	qualified real property. If the qualified real property is split
3355	3355	between one or more life or term interests and remainder interests,
3356	3356	the additional tax shall be apportioned to each person whose action
3357	3357	or cessation of use caused the imposition of additional tax, unless
3358	3358	all persons with an interest in the qualified real property agree in
3359	3359	writing to dispose of the property, in which case the additional tax
3360	3360	shall be apportioned among the remainder interests. (Tex. Prob.
3361	3361	Code, Sec. 322A(i).)
3362	3362	Sec. 124.010. EFFECT OF EXTENSION OR DEFICIENCY IN PAYMENT
3363	3363	OF ESTATE TAXES; LIABILITY OF REPRESENTATIVE. (a) If the date for
3364	3364	the payment of any portion of an estate tax is extended:
3365	3365	(1) the amount of the extended tax shall be
3366	3366	apportioned to the persons who receive the specific property that
3367	3367	gives rise to the extension; and
3368	3368	(2) those persons are entitled to the benefits and
3369	3369	shall bear the burdens of the extension.
3370	3370	(b) Except as provided by Subsection (c), interest on an
3371	3371	extension of estate tax and interest and penalties on a deficiency
3372	3372	shall be apportioned equitably to reflect the benefits and burdens
3373	3373	of the extension or deficiency and of any tax deduction associated
3374	3374	with the interest and penalties.
3375	3375	(c) A representative shall be charged with the amount of any
3376	3376	penalty or interest that is assessed due to delay caused by the
3377	3377	representative's negligence. (Tex. Prob. Code, Secs. 322A(k),
3378	3378	(m).)
3379	3379	Sec. 124.011. APPORTIONMENT OF INTEREST AND PENALTIES. (a)
3380	3380	Interest and penalties assessed against an estate by a taxing
3381	3381	authority shall be apportioned among and charged to the persons
3382	3382	interested in the estate in the manner provided by Section 124.005
3383	3383	unless, on application by any person interested in the estate, the
3384	3384	court determines that:
3385	3385	(1) the proposed apportionment is not equitable; or
3386	3386	(2) the assessment of interest or penalties was caused
3387	3387	by a breach of fiduciary duty of a representative.
3388	3388	(b) If the apportionment is not equitable, the court may
3389	3389	apportion interest and penalties in an equitable manner.
3390	3390	(c) If the assessment of interest or penalties was caused by
3391	3391	a breach of fiduciary duty of a representative, the court may charge
3392	3392	the representative with the amount of the interest and penalties
3393	3393	assessed attributable to the representative's conduct. (Tex. Prob.
3394	3394	Code, Sec. 322A(q).)
3395	3395	Sec. 124.012. APPORTIONMENT OF REPRESENTATIVE'S EXPENSES.
3396	3396	(a) Expenses reasonably incurred by a representative in
3397	3397	determination of the amount, apportionment, or collection of the
3398	3398	estate tax shall be apportioned among and charged to persons
3399	3399	interested in the estate in the manner provided by Section 124.005
3400	3400	unless, on application by any person interested in the estate, the
3401	3401	court determines that the proposed apportionment is not equitable.
3402	3402	(b) If the court determines that the proposed apportionment
3403	3403	is not equitable, the court may apportion the expenses in an
3404	3404	equitable manner. (Tex. Prob. Code, Sec. 322A(r).)
3405	3405	Sec. 124.013. WITHHOLDING OF ESTATE TAX SHARE BY
3406	3406	REPRESENTATIVE. A representative who has possession of any estate
3407	3407	property that is distributable to a person interested in the estate
3408	3408	may withhold from that property an amount equal to the person's
3409	3409	apportioned share of the estate tax. (Tex. Prob. Code, Sec.
3410	3410	322A(t).)
3411	3411	Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT WITHHELD.
3412	3412	(a) If property includable in an estate does not come into
3413	3413	possession of a representative obligated to pay the estate tax, the
3414	3414	representative shall:
3415	3415	(1) recover from each person interested in the estate
3416	3416	the amount of the estate tax apportioned to the person under this
3417	3417	subchapter; or
3418	3418	(2) assign to persons affected by the tax obligation
3419	3419	the representative's right of recovery.
3420	3420	(b) The obligation to recover a tax under Subsection (a)
3421	3421	does not apply if:
3422	3422	(1) the duty is waived by the parties affected by the
3423	3423	tax obligation or by the instrument under which the representative
3424	3424	derives powers; or
3425	3425	(2) in the reasonable judgment of the representative,
3426	3426	proceeding to recover the tax is not cost-effective. (Tex. Prob.
3427	3427	Code, Sec. 322A(n).)
3428	3428	Sec. 124.015. RECOVERY OF UNPAID ESTATE TAX; REIMBURSEMENT.
3429	3429	(a) A representative shall recover from any person interested in
3430	3430	the estate the unpaid amount of the estate tax apportioned and
3431	3431	charged to the person under this subchapter unless the
3432	3432	representative determines in good faith that an attempt to recover
3433	3433	the amount would be economically impractical.
3434	3434	(b) A representative who cannot collect from a person
3435	3435	interested in the estate an unpaid amount of estate tax apportioned
3436	3436	to that person shall apportion the amount not collected in the
3437	3437	manner provided by Section 124.005(a) among the other persons
3438	3438	interested in the estate who are subject to apportionment.
3439	3439	(c) A person who is charged with or who pays an apportioned
3440	3440	amount under Subsection (b) has a right of reimbursement for that
3441	3441	amount from the person who failed to pay the tax. The
3442	3442	representative may enforce the right of reimbursement, or the
3443	3443	person who is charged with or who pays an apportioned amount under
3444	3444	Subsection (b) may enforce the right of reimbursement directly by
3445	3445	an assignment from the representative. A person assigned the right
3446	3446	under this subsection is subrogated to the rights of the
3447	3447	representative.
3448	3448	(d) A representative who has a right of reimbursement may
3449	3449	petition a court to determine the right of reimbursement. (Tex.
3450	3450	Prob. Code, Secs. 322A(o), (u).)
3451	3451	Sec. 124.016. TIME TO INITIATE ACTIONS TO RECOVER UNPAID
3452	3452	ESTATE TAX. (a) A representative required to recover unpaid
3453	3453	amounts of estate tax apportioned to persons interested in the
3454	3454	estate under this subchapter may not be required to initiate the
3455	3455	necessary actions until the expiration of the 90th day after the
3456	3456	date of the final determination by the Internal Revenue Service of
3457	3457	the amount of the estate tax.
3458	3458	(b) A representative who initiates an action under this
3459	3459	subchapter within a reasonable time after the expiration of the
3460	3460	90-day period is not subject to any liability or surcharge because a
3461	3461	portion of the estate tax apportioned to a person interested in the
3462	3462	estate was collectible during a period after the death of the
3463	3463	decedent but thereafter became uncollectible. (Tex. Prob. Code,
3464	3464	Sec. 322A(v).)
3465	3465	Sec. 124.017. TAX OR DEATH DUTY PAYABLE TO ANOTHER STATE.
3466	3466	(a) A representative acting in another state may initiate an action
3467	3467	in a court of this state to recover from a person interested in the
3468	3468	estate who is domiciled in this state or owns property in this state
3469	3469	subject to attachment or execution, a proportionate amount of:
3470	3470	(1) the federal estate tax;
3471	3471	(2) an estate tax payable to another state; or
3472	3472	(3) a death duty due by a decedent's estate to another
3473	3473	state.
3474	3474	(b) In the action, a determination of apportionment by the
3475	3475	court having jurisdiction of the administration of the decedent's
3476	3476	estate in the other state is prima facie correct.
3477	3477	(c) This section applies only if the state in which the
3478	3478	determination of apportionment was made provides a substantially
3479	3479	similar remedy. (Tex. Prob. Code, Sec. 322A(w).)
3480	3480	Sec. 124.018. PAYMENT OF EXPENSES AND ATTORNEY'S FEES. The
3481	3481	court shall award necessary expenses, including reasonable
3482	3482	attorney's fees, to the prevailing party in an action initiated by a
3483	3483	person for the collection of estate taxes from a person interested
3484	3484	in the estate to whom estate taxes were apportioned and charged
3485	3485	under Section 124.005. (Tex. Prob. Code, Sec. 322A(y).)
3486	3486	[Sections 124.019-124.050 reserved for expansion]
3487	3487	SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS
3488	3488	Sec. 124.051. VALUATION OF PROPERTY DISTRIBUTED IN KIND IN
3489	3489	SATISFACTION OF PECUNIARY GIFT. Unless the governing instrument
3490	3490	provides otherwise, if a will or trust contains a pecuniary devise
3491	3491	or transfer that may be satisfied by distributing assets in kind and
3492	3492	the executor, administrator, or trustee determines to fund the
3493	3493	devise or transfer by distributing assets in kind, the property
3494	3494	shall be valued, for the purpose of funding the devise or transfer,
3495	3495	at the value of the property on the date or dates of distribution.
3496	3496	(Tex. Prob. Code, Sec. 378A(b).)
3497	3497	Sec. 124.052. SATISFACTION OF MARITAL DEDUCTION PECUNIARY
3498	3498	GIFTS WITH ASSETS IN KIND. (a) This section applies to an
3499	3499	executor, administrator, or trustee authorized under the will or
3500	3500	trust of a decedent to satisfy a pecuniary devise or transfer in
3501	3501	trust in kind with assets at their value for federal estate tax
3502	3502	purposes, in satisfaction of a gift intended to qualify, or that
3503	3503	otherwise would qualify, for a United States estate tax marital
3504	3504	deduction.
3505	3505	(b) Unless the governing instrument provides otherwise, an
3506	3506	executor, administrator, or trustee, in order to implement a devise
3507	3507	or transfer described by Subsection (a), shall distribute assets,
3508	3508	including cash, fairly representative of appreciation or
3509	3509	depreciation in the value of all property available for
3510	3510	distribution in satisfaction of the devise or transfer. (Tex.
3511	3511	Prob. Code, Sec. 378A(a).)
3512	3512	[Chapters 125-150 reserved for expansion]
3513	3513	SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE
3514	3514	CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
3515	3515	Sec. 151.001. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT
3516	3516	BOX WITH COURT ORDER
3517	3517	Sec. 151.002. DELIVERY OF DOCUMENT WITH COURT ORDER
3518	3518	Sec. 151.003. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT
3519	3519	BOX WITHOUT COURT ORDER
3520	3520	Sec. 151.004. DELIVERY OF DOCUMENT WITHOUT COURT ORDER
3521	3521	Sec. 151.005. RESTRICTION ON REMOVAL OF CONTENTS OF
3522	3522	SAFE DEPOSIT BOX
3523	3523	CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
3524	3524	Sec. 151.001. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX
3525	3525	WITH COURT ORDER. (a) A judge of a court that has probate
3526	3526	jurisdiction of a decedent's estate may order a person to permit a
3527	3527	court representative named in the order to examine a decedent's
3528	3528	documents or safe deposit box if it is shown to the judge that:
3529	3529	(1) the person may possess or control the documents or
3530	3530	that the person leased the safe deposit box to the decedent; and
3531	3531	(2) the documents or safe deposit box may contain:
3532	3532	(A) a will of the decedent;
3533	3533	(B) a deed to a burial plot in which the decedent
3534	3534	is to be buried; or
3535	3535	(C) an insurance policy issued in the decedent's
3536	3536	name and payable to a beneficiary named in the policy.
3537	3537	(b) The court representative shall examine the decedent's
3538	3538	documents or safe deposit box in the presence of:
3539	3539	(1) the judge ordering the examination or an agent of
3540	3540	the judge; and
3541	3541	(2) the person who has possession or control of the
3542	3542	documents or who leased the safe deposit box or, if that person is a
3543	3543	corporation, an officer of the corporation or an agent of an
3544	3544	officer. (Tex. Prob. Code, Sec. 36B.)
3545	3545	Sec. 151.002. DELIVERY OF DOCUMENT WITH COURT ORDER. (a) A
3546	3546	judge who orders an examination of a decedent's documents or safe
3547	3547	deposit box under Section 151.001 may order the person who
3548	3548	possesses or controls the documents or who leases the safe deposit
3549	3549	box to permit the court representative to take possession of a
3550	3550	document described by Section 151.001(a)(2).
3551	3551	(b) The court representative shall deliver:
3552	3552	(1) a will to the clerk of a court that:
3553	3553	(A) has probate jurisdiction; and
3554	3554	(B) is located in the same county as the court of
3555	3555	the judge who ordered the examination under Section 151.001;
3556	3556	(2) a burial plot deed to the person designated by the
3557	3557	judge in the order for the examination; or
3558	3558	(3) an insurance policy to a beneficiary named in the
3559	3559	policy.
3560	3560	(c) A court clerk to whom a will is delivered under
3561	3561	Subsection (b) shall issue a receipt for the will to the court
3562	3562	representative. (Tex. Prob. Code, Sec. 36C.)
3563	3563	Sec. 151.003. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX
3564	3564	WITHOUT COURT ORDER. (a) A person who possesses or controls a
3565	3565	document delivered by a decedent for safekeeping or who leases a
3566	3566	safe deposit box to a decedent may permit examination of the
3567	3567	document or the contents of the safe deposit box by:
3568	3568	(1) the decedent's spouse;
3569	3569	(2) a parent of the decedent;
3570	3570	(3) a descendant of the decedent who is at least 18
3571	3571	years of age; or
3572	3572	(4) a person named as executor of the decedent's estate
3573	3573	in a copy of a document that the person has and that appears to be a
3574	3574	will of the decedent.
3575	3575	(b) An examination under Subsection (a) shall be conducted
3576	3576	in the presence of the person who possesses or controls the document
3577	3577	or who leases the safe deposit box or, if the person is a
3578	3578	corporation, an officer of the corporation. (Tex. Prob. Code, Sec.
3579	3579	36D.)
3580	3580	Sec. 151.004. DELIVERY OF DOCUMENT WITHOUT COURT ORDER.
3581	3581	(a) Subject to Subsection (c), a person who permits an examination
3582	3582	of a decedent's document or safe deposit box under Section 151.003
3583	3583	may deliver:
3584	3584	(1) a document appearing to be the decedent's will to:
3585	3585	(A) the clerk of a court that:
3586	3586	(i) has probate jurisdiction; and
3587	3587	(ii) is located in the county in which the
3588	3588	decedent resided; or
3589	3589	(B) a person named in the document as an executor
3590	3590	of the decedent's estate;
3591	3591	(2) a document appearing to be a deed to a burial plot
3592	3592	in which the decedent is to be buried, or appearing to give burial
3593	3593	instructions, to the person conducting the examination; or
3594	3594	(3) a document appearing to be an insurance policy on
3595	3595	the decedent's life to a beneficiary named in the policy.
3596	3596	(b) A person who has leased a safe deposit box to the
3597	3597	decedent shall keep a copy of a document delivered by the person
3598	3598	under Subsection (a)(1) until the fourth anniversary of the date of
3599	3599	delivery.
3600	3600	(c) A person may not deliver a document under Subsection (a)
3601	3601	unless the person examining the document:
3602	3602	(1) requests delivery of the document; and
3603	3603	(2) issues a receipt for the document to the person
3604	3604	delivering the document. (Tex. Prob. Code, Sec. 36E.)
3605	3605	Sec. 151.005. RESTRICTION ON REMOVAL OF CONTENTS OF SAFE
3606	3606	DEPOSIT BOX. A person may not remove the contents of a decedent's
3607	3607	safe deposit box except as provided by Section 151.002, Section
3608	3608	151.004, or another law. (Tex. Prob. Code, Sec. 36F.)
3609	3609	CHAPTER 152. EMERGENCY INTERVENTION
3610	3610	SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION
3611	3611	Sec. 152.001. APPLICATION AUTHORIZED
3612	3612	Sec. 152.002. CONTENTS OF APPLICATION
3613	3613	Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION:
3614	3614	FUNERAL AND REMAINS
3615	3615	Sec. 152.004. TIME AND PLACE OF FILING
3616	3616	[Sections 152.005-152.050 reserved for expansion]
3617	3617	SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION
3618	3618	Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND
3619	3619	BURIAL EXPENSES
3620	3620	Sec. 152.052. ISSUANCE OF ORDER REGARDING ACCESS TO
3621	3621	CERTAIN PERSONAL PROPERTY
3622	3622	Sec. 152.053. DURATION OF ORDER
3623	3623	Sec. 152.054. CERTIFIED COPIES OF ORDER
3624	3624	Sec. 152.055. LIABILITY OF CERTAIN PERSONS IN
3625	3625	CONNECTION WITH ORDER
3626	3626	[Sections 152.056-152.100 reserved for expansion]
3627	3627	SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE TO CONTROL DECEDENT'S BURIAL OR CREMATION
3628	3628	TO CONTROL DECEDENT'S BURIAL OR CREMATION
3629	3629	Sec. 152.101. APPLICATION AUTHORIZED
3630	3630	Sec. 152.102. HEARING; ISSUANCE OF ORDER
3631	3631	CHAPTER 152. EMERGENCY INTERVENTION
3632	3632	SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION
3633	3633	Sec. 152.001. APPLICATION AUTHORIZED. (a) Subject to
3634	3634	Subsection (b), a person qualified to serve as an administrator
3635	3635	under Section 304.001 may file an application requesting emergency
3636	3636	intervention by a court exercising probate jurisdiction to provide
3637	3637	for:
3638	3638	(1) the payment of the decedent's funeral and burial
3639	3639	expenses; or
3640	3640	(2) the protection and storage of personal property
3641	3641	owned by the decedent that, on the date of the decedent's death, was
3642	3642	located in accommodations rented by the decedent.
3643	3643	(b) An applicant may file an application under this section
3644	3644	only if:
3645	3645	(1) an application or affidavit has not been filed and
3646	3646	is not pending under Section 145, 256.052, 256.054, or 301.052 or
3647	3647	Chapter 205; and
3648	3648	(2) the applicant needs to:
3649	3649	(A) obtain funds for the payment of the
3650	3650	decedent's funeral and burial expenses; or
3651	3651	(B) gain access to accommodations rented by the
3652	3652	decedent that contain the decedent's personal property and the
3653	3653	applicant has been denied access to those accommodations. (Tex.
3654	3654	Prob. Code, Secs. 108 (part), 109, 110.)
3655	3655	Sec. 152.002. CONTENTS OF APPLICATION. (a) An emergency
3656	3656	intervention application must be sworn and must contain:
3657	3657	(1) the applicant's name, address, and interest;
3658	3658	(2) facts showing an immediate necessity for the
3659	3659	issuance of an emergency intervention order under Subchapter B;
3660	3660	(3) the decedent's date of death, place of death, and
3661	3661	residential address on the date of death;
3662	3662	(4) the name and address of the funeral home holding
3663	3663	the decedent's remains; and
3664	3664	(5) the names of any known or ascertainable heirs and
3665	3665	devisees of the decedent.
3666	3666	(b) In addition to the information required under
3667	3667	Subsection (a), if emergency intervention is requested to obtain
3668	3668	funds needed for the payment of the decedent's funeral and burial
3669	3669	expenses, the application must also contain:
3670	3670	(1) the reason any known or ascertainable heirs and
3671	3671	devisees of the decedent:
3672	3672	(A) cannot be contacted; or
3673	3673	(B) have refused to assist in the decedent's
3674	3674	burial;
3675	3675	(2) a description of necessary funeral and burial
3676	3676	procedures and a statement from the funeral home that contains a
3677	3677	detailed and itemized description of the cost of those procedures;
3678	3678	and
3679	3679	(3) the name and address of an individual, entity, or
3680	3680	financial institution, including an employer, in possession of any
3681	3681	funds of or due to the decedent, and related account numbers and
3682	3682	balances, if known by the applicant.
3683	3683	(c) In addition to the information required under
3684	3684	Subsection (a), if emergency intervention is requested to gain
3685	3685	access to accommodations rented by a decedent that at the time of
3686	3686	the decedent's death contain the decedent's personal property, the
3687	3687	application must also contain:
3688	3688	(1) the reason any known or ascertainable heirs and
3689	3689	devisees of the decedent:
3690	3690	(A) cannot be contacted; or
3691	3691	(B) have refused to assist in the protection of
3692	3692	the decedent's personal property;
3693	3693	(2) the type and location of the decedent's personal
3694	3694	property and the name of the person in possession of the property;
3695	3695	and
3696	3696	(3) the name and address of the owner or manager of the
3697	3697	accommodations and a statement regarding whether access to the
3698	3698	accommodations is necessary. (Tex. Prob. Code, Secs. 111(a), 112.)
3699	3699	Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION:
3700	3700	INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS. (a) In
3701	3701	addition to the information required under Section 152.002, if
3702	3702	emergency intervention is requested to obtain funds needed for the
3703	3703	payment of a decedent's funeral and burial expenses, the
3704	3704	application must also state whether there are any written
3705	3705	instructions from the decedent relating to the type and manner of
3706	3706	funeral or burial preferred by the decedent. The applicant shall:
3707	3707	(1) attach the instructions, if available, to the
3708	3708	application; and
3709	3709	(2) fully comply with the instructions.
3710	3710	(b) If written instructions do not exist, the applicant may
3711	3711	not permit the decedent's remains to be cremated unless the
3712	3712	applicant obtains the court's permission to cremate the remains.
3713	3713	(Tex. Prob. Code, Sec. 111(b).)
3714	3714	Sec. 152.004. TIME AND PLACE OF FILING. An emergency
3715	3715	intervention application must be filed:
3716	3716	(1) with the court clerk in the county in which:
3717	3717	(A) the decedent was domiciled; or
3718	3718	(B) the accommodations rented by the decedent
3719	3719	that contain the decedent's personal property are located; and
3720	3720	(2) not earlier than the third day after the date of
3721	3721	the decedent's death and not later than the 90th day after the date
3722	3722	of the decedent's death. (Tex. Prob. Code, Sec. 108 (part).)
3723	3723	[Sections 152.005-152.050 reserved for expansion]
3724	3724	SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION
3725	3725	Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND
3726	3726	BURIAL EXPENSES. If on review of an application filed under Section
3727	3727	152.001 the court determines that emergency intervention is
3728	3728	necessary to obtain funds needed for the payment of a decedent's
3729	3729	funeral and burial expenses, the court may order funds of the
3730	3730	decedent that are being held by an individual, an employer, or a
3731	3731	financial institution to be paid directly to a funeral home only
3732	3732	for:
3733	3733	(1) reasonable and necessary attorney's fees for the
3734	3734	attorney who obtained the order;
3735	3735	(2) court costs for obtaining the order; and
3736	3736	(3) funeral and burial expenses not to exceed $5,000
3737	3737	as ordered by the court to provide the decedent with a reasonable,
3738	3738	dignified, and appropriate funeral and burial. (Tex. Prob. Code,
3739	3739	Sec. 113(a).)
3740	3740	Sec. 152.052. ISSUANCE OF ORDER REGARDING ACCESS TO CERTAIN
3741	3741	PERSONAL PROPERTY. If on review of an application filed under
3742	3742	Section 152.001 the court determines that emergency intervention is
3743	3743	necessary to gain access to accommodations rented by the decedent
3744	3744	that, at the time of the decedent's death, contain the decedent's
3745	3745	personal property, the court may order one or more of the following:
3746	3746	(1) that the owner or agent of the accommodations
3747	3747	shall grant the applicant access to the accommodations at a
3748	3748	reasonable time and in the presence of the owner or agent;
3749	3749	(2) that the applicant and owner or agent of the
3750	3750	accommodations shall jointly prepare and file with the court a list
3751	3751	that generally describes the decedent's property found at the
3752	3752	premises;
3753	3753	(3) that the applicant or the owner or agent of the
3754	3754	accommodations may remove and store the decedent's property at
3755	3755	another location until claimed by the decedent's heirs;
3756	3756	(4) that the applicant has only the powers that are
3757	3757	specifically stated in the order and that are necessary to protect
3758	3758	the decedent's property that is the subject of the application; or
3759	3759	(5) that funds of the decedent held by an individual,
3760	3760	an employer, or a financial institution be paid to the applicant for
3761	3761	reasonable and necessary attorney's fees and court costs for
3762	3762	obtaining the order. (Tex. Prob. Code, Sec. 113(b).)
3763	3763	Sec. 152.053. DURATION OF ORDER. The authority of an
3764	3764	applicant under an emergency intervention order expires on the
3765	3765	earlier of:
3766	3766	(1) the 90th day after the date the order is issued; or
3767	3767	(2) the date a personal representative of the
3768	3768	decedent's estate qualifies. (Tex. Prob. Code, Sec. 114(a).)
3769	3769	Sec. 152.054. CERTIFIED COPIES OF ORDER. The court clerk
3770	3770	may issue certified copies of an emergency intervention order on
3771	3771	request of the applicant only until the earlier of:
3772	3772	(1) the 90th day after the date the order is signed; or
3773	3773	(2) the date a personal representative of the
3774	3774	decedent's estate qualifies. (Tex. Prob. Code, Sec. 113(c).)
3775	3775	Sec. 152.055. LIABILITY OF CERTAIN PERSONS IN CONNECTION
3776	3776	WITH ORDER. (a) A person who is provided a certified copy of an
3777	3777	emergency intervention order within the period prescribed by
3778	3778	Section 152.054 is not personally liable for an action taken by the
3779	3779	person in accordance with and in reliance on the order.
3780	3780	(b) If a personal representative has not been appointed when
3781	3781	an emergency intervention order issued under Section 152.052
3782	3782	expires, a person in possession of the decedent's personal property
3783	3783	that is the subject of the order, without incurring civil
3784	3784	liability, may:
3785	3785	(1) release the property to the decedent's heirs; or
3786	3786	(2) dispose of the property under Subchapter C,
3787	3787	Chapter 54, Property Code, or Section 7.209 or 7.210, Business &
3788	3788	Commerce Code. (Tex. Prob. Code, Secs. 113(d), 114(b).)
3789	3789	[Sections 152.056-152.100 reserved for expansion]
3790	3790	SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE
3791	3791	TO CONTROL DECEDENT'S BURIAL OR CREMATION
3792	3792	Sec. 152.101. APPLICATION AUTHORIZED. (a) The executor of
3793	3793	a decedent's will or the decedent's next of kin may file an
3794	3794	application for an order limiting the right of the decedent's
3795	3795	surviving spouse to control the decedent's burial or cremation.
3796	3796	(b) For purposes of Subsection (a), the decedent's next of
3797	3797	kin:
3798	3798	(1) is determined in accordance with order of descent,
3799	3799	with the person nearest in order of descent first, and so on; and
3800	3800	(2) includes the decedent's descendants who legally
3801	3801	adopted the decedent or who have been legally adopted by the
3802	3802	decedent.
3803	3803	(c) An application under this section must be under oath and
3804	3804	must establish:
3805	3805	(1) whether the decedent died intestate or testate;
3806	3806	(2) that the surviving spouse is alleged to be a
3807	3807	principal or accomplice in a wilful act that resulted in the
3808	3808	decedent's death; and
3809	3809	(3) that good cause exists to limit the surviving
3810	3810	spouse's right to control the decedent's burial or cremation. (Tex.
3811	3811	Prob. Code, Secs. 115(a), (b).)
3812	3812	Sec. 152.102. HEARING; ISSUANCE OF ORDER. (a) If the court
3813	3813	finds that there is good cause to believe that the decedent's
3814	3814	surviving spouse is the principal or an accomplice in a wilful act
3815	3815	that resulted in the decedent's death, the court may, after notice
3816	3816	and a hearing, limit the surviving spouse's right to control the
3817	3817	decedent's burial or cremation.
3818	3818	(b) Subsection (a) applies:
3819	3819	(1) without regard to whether the decedent died
3820	3820	intestate or testate; and
3821	3821	(2) regardless of whether the surviving spouse is
3822	3822	designated by the decedent's will as the executor of the decedent's
3823	3823	estate.
3824	3824	(c) If the court limits the surviving spouse's right of
3825	3825	control as provided by Subsection (a), the court shall designate
3826	3826	and authorize a person to make burial or cremation arrangements.
3827	3827	(Tex. Prob. Code, Secs. 115(c), (d).)
3828	3828	[Chapters 153-200 reserved for expansion]
3829	3829	SUBTITLE E. INTESTATE SUCCESSION
3830	3830	CHAPTER 201. DESCENT AND DISTRIBUTION
3831	3831	SUBCHAPTER A. INTESTATE SUCCESSION
3832	3832	Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING
3833	3833	SPOUSE
3834	3834	Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE
3835	3835	Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE
3836	3836	[Sections 201.004-201.050 reserved for expansion]
3837	3837	SUBCHAPTER B. MATTERS AFFECTING INHERITANCE
3838	3838	Sec. 201.051. MATERNAL INHERITANCE
3839	3839	Sec. 201.052. PATERNAL INHERITANCE
3840	3840	Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF
3841	3841	HEIRSHIP
3842	3842	Sec. 201.054. ADOPTED CHILD
3843	3843	Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE
3844	3844	Sec. 201.056. PERSONS NOT IN BEING
3845	3845	Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF
3846	3846	BLOOD
3847	3847	Sec. 201.058. CONVICTED PERSONS
3848	3848	Sec. 201.059. PERSON WHO DIES BY CASUALTY
3849	3849	Sec. 201.060. ALIENAGE
3850	3850	Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE
3851	3851	Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD
3852	3852	RELATIONSHIPS
3853	3853	[Sections 201.063-201.100 reserved for expansion]
3854	3854	SUBCHAPTER C. DISTRIBUTION TO HEIRS
3855	3855	Sec. 201.101. DETERMINATION OF PER CAPITA WITH
3856	3856	REPRESENTATION DISTRIBUTION
3857	3857	Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S
3858	3858	SOURCE
3859	3859	Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE
3860	3860	[Sections 201.104-201.150 reserved for expansion]
3861	3861	SUBCHAPTER D. ADVANCEMENTS
3862	3862	Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF
3863	3863	VALUATION
3864	3864	Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED
3865	3865	CHAPTER 201. DESCENT AND DISTRIBUTION
3866	3866	SUBCHAPTER A. INTESTATE SUCCESSION
3867	3867	Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.
3868	3868	(a) If a person who dies intestate does not leave a spouse, the
3869	3869	estate to which the person had title descends and passes in
3870	3870	parcenary to the person's kindred in the order provided by this
3871	3871	section.
3872	3872	(b) The person's estate descends and passes to the person's
3873	3873	children and the children's descendants.
3874	3874	(c) If no child or child's descendant survives the person,
3875	3875	the person's estate descends and passes in equal portions to the
3876	3876	person's father and mother.
3877	3877	(d) If only the person's father or mother survives the
3878	3878	person, the person's estate shall:
3879	3879	(1) be divided into two equal portions, with:
3880	3880	(A) one portion passing to the surviving parent;
3881	3881	and
3882	3882	(B) one portion passing to the person's siblings
3883	3883	and the siblings' descendants; or
3884	3884	(2) be inherited entirely by the surviving parent if
3885	3885	there is no sibling of the person or siblings' descendants.
3886	3886	(e) If neither the person's father nor mother survives the
3887	3887	person, the person's entire estate passes to the person's siblings
3888	3888	and the siblings' descendants.
3889	3889	(f) If none of the kindred described by Subsections (b)-(e)
3890	3890	survive the person, the person's estate shall be divided into two
3891	3891	moieties, with:
3892	3892	(1) one moiety passing to the person's paternal
3893	3893	kindred as provided by Subsection (g); and
3894	3894	(2) one moiety passing to the person's maternal
3895	3895	kindred as provided by Subsection (h).
3896	3896	(g) The moiety passing to the person's paternal kindred
3897	3897	passes in the following order:
3898	3898	(1) if both paternal grandparents survive the person,
3899	3899	equal portions pass to the person's paternal grandfather and
3900	3900	grandmother;
3901	3901	(2) if only the person's paternal grandfather or
3902	3902	grandmother survives the person, the person's estate shall:
3903	3903	(A) be divided into two equal portions, with:
3904	3904	(i) one portion passing to the surviving
3905	3905	grandparent; and
3906	3906	(ii) one portion passing to the descendants
3907	3907	of the deceased grandparent; or
3908	3908	(B) pass entirely to the surviving grandparent if
3909	3909	no descendant of the deceased grandparent survives the person; and
3910	3910	(3) if neither the person's paternal grandfather nor
3911	3911	grandmother survives the person, the moiety passing to the
3912	3912	decedent's paternal kindred passes to the descendants of the
3913	3913	person's paternal grandfather and grandmother, and so on without
3914	3914	end, passing in like manner to the nearest lineal ancestors and
3915	3915	their descendants.
3916	3916	(h) The moiety passing to the person's maternal kindred
3917	3917	passes in the same order and manner as the other moiety passes to
3918	3918	the decedent's paternal kindred under Subsection (g). (Tex. Prob.
3919	3919	Code, Sec. 38(a).)
3920	3920	Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE. (a) If a
3921	3921	person who dies intestate leaves a surviving spouse, the estate,
3922	3922	other than a community estate, to which the person had title
3923	3923	descends and passes as provided by this section.
3924	3924	(b) If the person has one or more children or a descendant of
3925	3925	a child:
3926	3926	(1) the surviving spouse takes one-third of the
3927	3927	personal estate;
3928	3928	(2) two-thirds of the personal estate descends to the
3929	3929	person's child or children, and the descendants of a child or
3930	3930	children; and
3931	3931	(3) the surviving spouse is entitled to a life estate
3932	3932	in one-third of the person's land, with the remainder descending to
3933	3933	the person's child or children and the descendants of a child or
3934	3934	children.
3935	3935	(c) Except as provided by Subsection (d), if the person has
3936	3936	no child and no descendant of a child:
3937	3937	(1) the surviving spouse is entitled to all of the
3938	3938	personal estate;
3939	3939	(2) the surviving spouse is entitled to one-half of
3940	3940	the person's land without a remainder to any person; and
3941	3941	(3) one-half of the person's land passes and is
3942	3942	inherited according to the rules of descent and distribution.
3943	3943	(d) If the person described by Subsection (c) does not leave
3944	3944	a surviving parent or one or more surviving siblings, or their
3945	3945	descendants, the surviving spouse is entitled to the entire estate.
3946	3946	(Tex. Prob. Code, Sec. 38(b).)
3947	3947	Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE. (a) If a
3948	3948	person who dies intestate leaves a surviving spouse, the community
3949	3949	estate of the deceased spouse passes as provided by this section.
3950	3950	(b) The community estate of the deceased spouse passes to
3951	3951	the surviving spouse if:
3952	3952	(1) no child or other descendant of the deceased
3953	3953	spouse survives the deceased spouse; or
3954	3954	(2) all of the surviving children and descendants of
3955	3955	the deceased spouse are also children or descendants of the
3956	3956	surviving spouse.
3957	3957	(c) If the deceased spouse is survived by a child or other
3958	3958	descendant who is not also a child or descendant of the surviving
3959	3959	spouse, one-half of the community estate is retained by the
3960	3960	surviving spouse and the other one-half passes to the deceased
3961	3961	spouse's children or descendants. The descendants inherit only the
3962	3962	portion of that estate to which they would be entitled under Section
3963	3963	201.101. In every case, the community estate passes charged with
3964	3964	the debts against the community estate. (Tex. Prob. Code, Sec. 45.)
3965	3965	[Sections 201.004-201.050 reserved for expansion]
3966	3966	SUBCHAPTER B. MATTERS AFFECTING INHERITANCE
3967	3967	Sec. 201.051. MATERNAL INHERITANCE. For purposes of
3968	3968	inheritance, a child is the child of the child's biological or
3969	3969	adopted mother, and the child and the child's issue shall inherit
3970	3970	from the child's mother and the child's maternal kindred, both
3971	3971	descendants, ascendants, and collateral kindred in all degrees, and
3972	3972	they may inherit from the child and the child's issue. (Tex. Prob.
3973	3973	Code, Sec. 42(a).)
3974	3974	Sec. 201.052. PATERNAL INHERITANCE. (a) For purposes of
3975	3975	inheritance, a child is the child of the child's biological father
3976	3976	if:
3977	3977	(1) the child is born under circumstances described by
3978	3978	Section 160.201, Family Code;
3979	3979	(2) the child is adjudicated to be the child of the
3980	3980	father by court decree under Chapter 160, Family Code;
3981	3981	(3) the child was adopted by the child's father; or
3982	3982	(4) the father executed an acknowledgment of paternity
3983	3983	under Subchapter D, Chapter 160, Family Code, or a similar
3984	3984	statement properly executed in another jurisdiction.
3985	3985	(b) A child described by Subsection (a) and the child's
3986	3986	issue shall inherit from the child's father and the child's paternal
3987	3987	kindred, both descendants, ascendants, and collateral kindred in
3988	3988	all degrees, and they may inherit from the child and the child's
3989	3989	issue.
3990	3990	(c) A person may petition the probate court for a
3991	3991	determination of right of inheritance from a decedent if the
3992	3992	person:
3993	3993	(1) claims to be a biological child of the decedent and
3994	3994	is not otherwise presumed to be a child of the decedent; or
3995	3995	(2) claims inheritance through a biological child of
3996	3996	the decedent who is not otherwise presumed to be a child of the
3997	3997	decedent.
3998	3998	(d) If under Subsection (c) the court finds by clear and
3999	3999	convincing evidence that the purported father was the biological
4000	4000	father of the child:
4001	4001	(1) the child is treated as any other child of the
4002	4002	decedent for purposes of inheritance; and
4003	4003	(2) the child and the child's issue may inherit from
4004	4004	the child's paternal kindred, both descendants, ascendants, and
4005	4005	collateral kindred in all degrees, and they may inherit from the
4006	4006	child and the child's issue.
4007	4007	(e) This section does not permit inheritance by a purported
4008	4008	father of a child, recognized or not, if the purported father's
4009	4009	parental rights have been terminated. (Tex. Prob. Code, Sec.
4010	4010	42(b)(1).)
4011	4011	Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP.
4012	4012	(a) A person who purchases for valuable consideration any interest
4013	4013	in property of the heirs of a decedent acquires good title to the
4014	4014	interest that the person would have received, as purchaser, in the
4015	4015	absence of a claim of the child described by Subdivision (1), if the
4016	4016	person:
4017	4017	(1) in good faith relies on the declarations in an
4018	4018	affidavit of heirship that does not include a child who at the time
4019	4019	of the sale or contract of sale of the property:
4020	4020	(A) is not a presumed child of the decedent; and
4021	4021	(B) has not under a final court decree or
4022	4022	judgment been found to be entitled to treatment under Section
4023	4023	201.052 as a child of the decedent; and
4024	4024	(2) is without knowledge of the claim of the child
4025	4025	described by Subdivision (1).
4026	4026	(b) Subsection (a) does not affect any liability of the
4027	4027	heirs for the proceeds of a sale described by Subsection (a) to the
4028	4028	child who was not included in the affidavit of heirship. (Tex.
4029	4029	Prob. Code, Sec. 42(b)(2).)
4030	4030	Sec. 201.054. ADOPTED CHILD. (a) For purposes of
4031	4031	inheritance under the laws of descent and distribution, an adopted
4032	4032	child is regarded as the child of the adoptive parent or parents,
4033	4033	and the adopted child and the adopted child's descendants inherit
4034	4034	from and through the adoptive parent or parents and their kindred as
4035	4035	if the adopted child were the natural child of the adoptive parent
4036	4036	or parents. The adoptive parent or parents and their kindred
4037	4037	inherit from and through the adopted child as if the adopted child
4038	4038	were the natural child of the adoptive parent or parents.
4039	4039	(b) The natural parent or parents of an adopted child and
4040	4040	the kindred of the natural parent or parents may not inherit from or
4041	4041	through the adopted child, but the adopted child inherits from and
4042	4042	through the child's natural parent or parents, except as provided
4043	4043	by Section 162.507(c), Family Code.
4044	4044	(c) This section does not prevent an adoptive parent from
4045	4045	disposing of the parent's property by will according to law.
4046	4046	(d) This section does not diminish the rights of an adopted
4047	4047	child under the laws of descent and distribution or otherwise that
4048	4048	the adopted child acquired by virtue of inclusion in the definition
4049	4049	of "child" under Section 22.004. (Tex. Prob. Code, Sec. 40.)
4050	4050	Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE. The issue
4051	4051	of a marriage declared void or voided by annulment shall be treated
4052	4052	in the same manner as the issue of a valid marriage. (Tex. Prob.
4053	4053	Code, Sec. 42(d).)
4054	4054	Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance
4055	4055	accrues to any person other than to a child or lineal descendant of
4056	4056	an intestate, unless the person is in being and capable in law to
4057	4057	take as an heir at the time of the intestate's death. (Tex. Prob.
4058	4058	Code, Sec. 41(a).)
4059	4059	Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD.
4060	4060	If the inheritance from an intestate passes to the collateral
4061	4061	kindred of the intestate and part of the collateral kindred are of
4062	4062	whole blood and the other part are of half blood of the intestate,
4063	4063	each of the collateral kindred who is of half blood inherits only
4064	4064	half as much as that inherited by each of the collateral kindred who
4065	4065	is of whole blood. If all of the collateral kindred are of half
4066	4066	blood of the intestate, each of the collateral kindred inherits a
4067	4067	whole portion. (Tex. Prob. Code, Sec. 41(b).)
4068	4068	Sec. 201.058. CONVICTED PERSONS. (a) No conviction shall
4069	4069	work corruption of blood or forfeiture of estate except as provided
4070	4070	by Subsection (b).
4071	4071	(b) If a beneficiary of a life insurance policy or contract
4072	4072	is convicted and sentenced as a principal or accomplice in wilfully
4073	4073	bringing about the death of the insured, the proceeds of the
4074	4074	insurance policy or contract shall be paid in the manner provided by
4075	4075	the Insurance Code. (Tex. Prob. Code, Sec. 41(d) (part).)
4076	4076	Sec. 201.059. PERSON WHO DIES BY CASUALTY. Death by
4077	4077	casualty does not result in forfeiture of estate. (Tex. Prob. Code,
4078	4078	Sec. 41(d) (part).)
4079	4079	Sec. 201.060. ALIENAGE. A person is not disqualified to
4080	4080	take as an heir because the person, or another person through whom
4081	4081	the person claims, is or has been an alien. (Tex. Prob. Code, Sec.
4082	4082	41(c).)
4083	4083	Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE. The
4084	4084	estate of a person who commits suicide descends or vests as if the
4085	4085	person died a natural death. (Tex. Prob. Code, Sec. 41(d) (part).)
4086	4086	Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD
4087	4087	RELATIONSHIPS. (a) A probate court may enter an order declaring
4088	4088	that the parent of a child under 18 years of age may not inherit from
4089	4089	or through the child under the laws of descent and distribution if
4090	4090	the court finds by clear and convincing evidence that the parent
4091	4091	has:
4092	4092	(1) voluntarily abandoned and failed to support the
4093	4093	child in accordance with the parent's obligation or ability for at
4094	4094	least three years before the date of the child's death, and did not
4095	4095	resume support for the child before that date;
4096	4096	(2) voluntarily and with knowledge of the pregnancy:
4097	4097	(A) abandoned the child's mother beginning at a
4098	4098	time during her pregnancy with the child and continuing through the
4099	4099	birth;
4100	4100	(B) failed to provide adequate support or medical
4101	4101	care for the mother during the period of abandonment before the
4102	4102	child's birth; and
4103	4103	(C) remained apart from and failed to support the
4104	4104	child since birth; or
4105	4105	(3) been convicted or has been placed on community
4106	4106	supervision, including deferred adjudication community
4107	4107	supervision, for being criminally responsible for the death or
4108	4108	serious injury of a child under the following sections of the Penal
4109	4109	Code or adjudicated under Title 3, Family Code, for conduct that
4110	4110	caused the death or serious injury of a child and that would
4111	4111	constitute a violation of one of the following sections of the Penal
4112	4112	Code:
4113	4113	(A) Section 19.02 (murder);
4114	4114	(B) Section 19.03 (capital murder);
4115	4115	(C) Section 19.04 (manslaughter);
4116	4116	(D) Section 21.11 (indecency with a child);
4117	4117	(E) Section 22.01 (assault);
4118	4118	(F) Section 22.011 (sexual assault);
4119	4119	(G) Section 22.02 (aggravated assault);
4120	4120	(H) Section 22.021 (aggravated sexual assault);
4121	4121	(I) Section 22.04 (injury to a child, elderly
4122	4122	individual, or disabled individual);
4123	4123	(J) Section 22.041 (abandoning or endangering
4124	4124	child);
4125	4125	(K) Section 25.02 (prohibited sexual conduct);
4126	4126	(L) Section 43.25 (sexual performance by a
4127	4127	child); or
4128	4128	(M) Section 43.26 (possession or promotion of
4129	4129	child pornography).
4130	4130	(b) On a determination under Subsection (a) that the parent
4131	4131	of a child may not inherit from or through the child, the parent
4132	4132	shall be treated as if the parent predeceased the child for purposes
4133	4133	of:
4134	4134	(1) inheritance under the laws of descent and
4135	4135	distribution; and
4136	4136	(2) any other cause of action based on parentage.
4137	4137	(Tex. Prob. Code, Secs. 41(e), (f).)
4138	4138	[Sections 201.063-201.100 reserved for expansion]
4139	4139	SUBCHAPTER C. DISTRIBUTION TO HEIRS
4140	4140	Sec. 201.101. DETERMINATION OF PER CAPITA WITH
4141	4141	REPRESENTATION DISTRIBUTION. (a) The children, descendants,
4142	4142	brothers, sisters, uncles, aunts, or other relatives of an
4143	4143	intestate who stand in the first or same degree of relationship
4144	4144	alone and come into the distribution of the intestate's estate take
4145	4145	per capita, which means by persons.
4146	4146	(b) If some of the persons described by Subsection (a) are
4147	4147	dead and some are living, each descendant of those persons who have
4148	4148	died is entitled to a distribution of the intestate's estate. Each
4149	4149	descendant inherits only that portion of the property to which the
4150	4150	parent through whom the descendant inherits would be entitled if
4151	4151	that parent were alive. (Tex. Prob. Code, Sec. 43.)
4152	4152	Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S SOURCE. A
4153	4153	distinction may not be made, in regulating the descent and
4154	4154	distribution of an estate of a person dying intestate, between
4155	4155	property derived by gift, devise, or descent from the intestate's
4156	4156	father, and property derived by gift, devise, or descent from the
4157	4157	intestate's mother. (Tex. Prob. Code, Sec. 39 (part).)
4158	4158	Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE. All of the
4159	4159	estate to which an intestate had title at the time of death descends
4160	4160	and vests in the intestate's heirs in the same manner as if the
4161	4161	intestate had been the original purchaser. (Tex. Prob. Code, Sec.
4162	4162	39 (part).)
4163	4163	[Sections 201.104-201.150 reserved for expansion]
4164	4164	SUBCHAPTER D. ADVANCEMENTS
4165	4165	Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF
4166	4166	VALUATION. (a) If a decedent dies intestate as to all or part of the
4167	4167	decedent's estate, property that the decedent gave during the
4168	4168	decedent's lifetime to a person who, on the date of the decedent's
4169	4169	death, is the decedent's heir, or property received by the
4170	4170	decedent's heir under a nontestamentary transfer under Subchapter
4171	4171	B, Chapter 111, or Chapter 112 or 113, is an advancement against the
4172	4172	heir's intestate share of the estate only if:
4173	4173	(1) the decedent declared in a contemporaneous
4174	4174	writing, or the heir acknowledged in writing, that the gift or
4175	4175	nontestamentary transfer is an advancement; or
4176	4176	(2) the decedent's contemporaneous writing or the
4177	4177	heir's written acknowledgment otherwise indicates that the gift or
4178	4178	nontestamentary transfer is to be considered in computing the
4179	4179	division and distribution of the decedent's intestate estate.
4180	4180	(b) For purposes of Subsection (a), property that is
4181	4181	advanced is valued as of the earlier of:
4182	4182	(1) the time that the heir came into possession or
4183	4183	enjoyment of the property; or
4184	4184	(2) the time of the decedent's death. (Tex. Prob.
4185	4185	Code, Secs. 44(a), (b).)
4186	4186	Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED. If the
4187	4187	recipient of property described by Section 201.151 does not survive
4188	4188	the decedent, the property is not considered in computing the
4189	4189	division and distribution of the decedent's intestate estate unless
4190	4190	the decedent's contemporaneous writing provides otherwise. (Tex.
4191	4191	Prob. Code, Sec. 44(c).)
4192	4192	CHAPTER 202. DETERMINATION OF HEIRSHIP
4193	4193	SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF PROCEEDING TO DECLARE HEIRSHIP
4194	4194	PROCEEDING TO DECLARE HEIRSHIP
4195	4195	Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF
4196	4196	PROCEEDING TO DECLARE HEIRSHIP
4197	4197	Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO
4198	4198	DECLARE HEIRSHIP IS AUTHORIZED
4199	4199	Sec. 202.003. VENUE FOR PROCEEDING TO DECLARE HEIRSHIP
4200	4200	Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO
4201	4201	DECLARE HEIRSHIP
4202	4202	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
4203	4203	HEIRSHIP
4204	4204	Sec. 202.006. REQUEST FOR DETERMINATION OF NECESSITY
4205	4205	FOR ADMINISTRATION
4206	4206	Sec. 202.007. AFFIDAVIT SUPPORTING APPLICATION
4207	4207	REQUIRED
4208	4208	Sec. 202.008. REQUIRED PARTIES TO PROCEEDING TO
4209	4209	DECLARE HEIRSHIP
4210	4210	Sec. 202.009. REPRESENTATION OF INTERESTS OF CERTAIN
4211	4211	PERSONS
4212	4212	[Sections 202.010-202.050 reserved for expansion]
4213	4213	SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP
4214	4214	Sec. 202.051. SERVICE OF CITATION BY MAIL WHEN
4215	4215	OR ASCERTAINABLE
4216	4216	Sec. 202.052. SERVICE OF CITATION BY PUBLICATION WHEN
4217	4217	ASCERTAINABLE
4218	4218	Sec. 202.053. REQUIRED POSTING OF CITATION
4219	4219	Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE
4220	4220	REQUIRED
4221	4221	Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS
4222	4222	NOT REQUIRED
4223	4223	Sec. 202.056. WAIVER OF SERVICE OF CITATION ON CERTAIN
4224	4224	PERSONS NOT PERMITTED
4225	4225	[Sections 202.057-202.100 reserved for expansion]
4226	4226	SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP
4227	4227	Sec. 202.101. REQUIRED TRANSFER OF PENDING PROCEEDING
4228	4228	CIRCUMSTANCES
4229	4229	Sec. 202.102. TRANSFER OF RECORDS
4230	4230	Sec. 202.103. PROCEDURES APPLICABLE TO TRANSFERRED
4231	4231	CONSOLIDATION WITH OTHER PROCEEDING
4232	4232	[Sections 202.104-202.150 reserved for expansion]
4233	4233	SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
4234	4234	Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO
4235	4235	DECLARE HEIRSHIP
4236	4236	[Sections 202.152-202.200 reserved for expansion]
4237	4237	SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP
4238	4238	Sec. 202.201. REQUIRED STATEMENTS IN JUDGMENT
4239	4239	Sec. 202.202. FINALITY AND APPEAL OF JUDGMENT
4240	4240	Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF
4241	4241	HEIR NOT PROPERLY SERVED
4242	4242	Sec. 202.204. LIMITATION OF LIABILITY OF CERTAIN
4243	4243	JUDGMENT
4244	4244	Sec. 202.205. EFFECT OF CERTAIN JUDGMENTS ON LIABILITY
4245	4245	TO CREDITORS
4246	4246	Sec. 202.206. FILING AND RECORDING OF JUDGMENT
4247	4247	CHAPTER 202. DETERMINATION OF HEIRSHIP
4248	4248	SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF
4249	4249	PROCEEDING TO DECLARE HEIRSHIP
4250	4250	Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF
4251	4251	PROCEEDING TO DECLARE HEIRSHIP. In the manner provided by this
4252	4252	chapter, a court may determine through a proceeding to declare
4253	4253	heirship:
4254	4254	(1) the persons who are a decedent's heirs and only
4255	4255	heirs; and
4256	4256	(2) the heirs' respective shares and interests under
4257	4257	the laws of this state in the decedent's estate. (Tex. Prob. Code,
4258	4258	Sec. 48(a) (part).)
4259	4259	Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO
4260	4260	DECLARE HEIRSHIP IS AUTHORIZED. A court may conduct a proceeding to
4261	4261	declare heirship when:
4262	4262	(1) a person dies intestate owning or entitled to
4263	4263	property in this state and there has been no administration in this
4264	4264	state of the person's estate; or
4265	4265	(2) there has been a will probated in this state or
4266	4266	elsewhere or an administration in this state of the decedent's
4267	4267	estate, but:
4268	4268	(A) property in this state was omitted from the
4269	4269	will or administration; or
4270	4270	(B) no final disposition of property in this
4271	4271	state has been made in the administration. (Tex. Prob. Code, Sec.
4272	4272	48(a) (part).)
4273	4273	Sec. 202.003. VENUE FOR PROCEEDING TO DECLARE HEIRSHIP.
4274	4274	(a) A proceeding to declare heirship of a decedent may be conducted
4275	4275	by:
4276	4276	(1) the court of the county in which a proceeding to
4277	4277	probate the decedent's will or for the administration of the
4278	4278	decedent's estate was most recently pending; or
4279	4279	(2) if no will of the decedent has been admitted to
4280	4280	probate in this state and no administration of the decedent's
4281	4281	estate has been granted in this state, the court of the county in
4282	4282	which venue would be proper for commencement of an administration
4283	4283	of the decedent's estate under Section 6.
4284	4284	(b) Notwithstanding Subsection (a), a probate court in
4285	4285	which proceedings for the guardianship of the estate of a ward who
4286	4286	dies intestate were pending at the time of the decedent's death may,
4287	4287	if there is no administration pending in the estate, determine:
4288	4288	(1) the persons who are the decedent's heirs and only
4289	4289	heirs; and
4290	4290	(2) the heirs' respective shares and interests under
4291	4291	the laws of this state in the decedent's estate. (Tex. Prob. Code,
4292	4292	Secs. 48(a) (part), (c).)
4293	4293	Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO
4294	4294	DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent
4295	4295	may be commenced and maintained under a circumstance specified by
4296	4296	Section 202.002 by:
4297	4297	(1) the personal representative of the decedent's
4298	4298	estate;
4299	4299	(2) a person claiming to be a secured creditor or the
4300	4300	owner of all or part of the decedent's estate; or
4301	4301	(3) if the decedent was a ward with respect to whom a
4302	4302	guardian of the estate had been appointed, the guardian of the
4303	4303	estate, provided that the proceeding is commenced and maintained in
4304	4304	the probate court in which the proceedings for the guardianship of
4305	4305	the estate were pending at the time of the decedent's death. (Tex.
4306	4306	Prob. Code, Sec. 49(a) (part).)
4307	4307	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
4308	4308	HEIRSHIP. A person authorized by Section 202.004 to commence a
4309	4309	proceeding to declare heirship must file an application in a court
4310	4310	specified by Section 202.003 to commence the proceeding. The
4311	4311	application must state:
4312	4312	(1) the decedent's name and time and place of death;
4313	4313	(2) the names and residences of the decedent's heirs,
4314	4314	the relationship of each heir to the decedent, and the true interest
4315	4315	of the applicant and each of the heirs in the decedent's estate;
4316	4316	(3) if the time or place of the decedent's death or the
4317	4317	name or residence of an heir is not definitely known to the
4318	4318	applicant, all the material facts and circumstances with respect to
4319	4319	which the applicant has knowledge and information that might
4320	4320	reasonably tend to show the time or place of the decedent's death or
4321	4321	the name or residence of the heir;
4322	4322	(4) that all children born to or adopted by the
4323	4323	decedent have been listed;
4324	4324	(5) that each of the decedent's marriages has been
4325	4325	listed with:
4326	4326	(A) the date of the marriage;
4327	4327	(B) the name of the spouse;
4328	4328	(C) the date and place of termination if the
4329	4329	marriage was terminated; and
4330	4330	(D) other facts to show whether a spouse has had
4331	4331	an interest in the decedent's property;
4332	4332	(6) whether the decedent died testate and, if so, what
4333	4333	disposition has been made of the will;
4334	4334	(7) a general description of all property belonging to
4335	4335	the decedent's estate; and
4336	4336	(8) an explanation for the omission from the
4337	4337	application of any of the information required by this section.
4338	4338	(Tex. Prob. Code, Sec. 49(a) (part).)
4339	4339	Sec. 202.006. REQUEST FOR DETERMINATION OF NECESSITY FOR
4340	4340	ADMINISTRATION. A person who files an application under Section
4341	4341	202.005 not later than the fourth anniversary of the date of the
4342	4342	death of the decedent who is the subject of the application may
4343	4343	request that the court determine whether there is a need for
4344	4344	administration of the decedent's estate. The court shall hear
4345	4345	evidence on the issue and, in the court's judgment, make a
4346	4346	determination of the issue. (Tex. Prob. Code, Sec. 48(b).)
4347	4347	Sec. 202.007. AFFIDAVIT SUPPORTING APPLICATION REQUIRED.
4348	4348	(a) An application filed under Section 202.005 must be supported by
4349	4349	the affidavit of each applicant.
4350	4350	(b) An affidavit of an applicant under Subsection (a) must
4351	4351	state that, to the applicant's knowledge:
4352	4352	(1) all the allegations in the application are true;
4353	4353	and
4354	4354	(2) no material fact or circumstance has been omitted
4355	4355	from the application. (Tex. Prob. Code, Sec. 49(b) (part).)
4356	4356	Sec. 202.008. REQUIRED PARTIES TO PROCEEDING TO DECLARE
4357	4357	HEIRSHIP. Each of the following persons must be made a party to a
4358	4358	proceeding to declare heirship:
4359	4359	(1) each unknown heir of the decedent who is the
4360	4360	subject of the proceeding;
4361	4361	(2) each person who is named as an heir of the decedent
4362	4362	in the application filed under Section 202.005; and
4363	4363	(3) each person who is, on the filing date of the
4364	4364	application, shown as owning a share or interest in any real
4365	4365	property described in the application by the deed records of the
4366	4366	county in which the property is located. (Tex. Prob. Code, Sec.
4367	4367	49(b) (part).)
4368	4368	Sec. 202.009. REPRESENTATION OF INTERESTS OF CERTAIN
4369	4369	PERSONS. (a) If it appears to the court in a proceeding to declare
4370	4370	heirship that there is or may be a living heir whose name or
4371	4371	whereabouts is unknown, or that a defendant is an incapacitated
4372	4372	person, the court may appoint an attorney ad litem or guardian ad
4373	4373	litem to represent the interests of that person. The court may not
4374	4374	appoint an attorney ad litem or guardian ad litem unless the court
4375	4375	finds that the appointment is necessary to protect the interests of
4376	4376	the living heir or incapacitated person.
4377	4377	(b) The court shall appoint an attorney ad litem to
4378	4378	represent the interests of unknown heirs. (Tex. Prob. Code, Secs.
4379	4379	53(b), (c).)
4380	4380	[Sections 202.010-202.050 reserved for expansion]
4381	4381	SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP
4382	4382	Sec. 202.051. SERVICE OF CITATION BY MAIL WHEN RECIPIENT'S
4383	4383	NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE. Except as provided by
4384	4384	Section 202.054, citation in a proceeding to declare heirship must
4385	4385	be served by registered or certified mail on:
4386	4386	(1) each distributee who is 12 years of age or older
4387	4387	and whose name and address are known or can be ascertained through
4388	4388	the exercise of reasonable diligence; and
4389	4389	(2) the parent, managing conservator, or guardian of
4390	4390	each distributee who is younger than 12 years of age if the name and
4391	4391	address of the parent, managing conservator, or guardian are known
4392	4392	or can be reasonably ascertained. (Tex. Prob. Code, Sec. 50(a)
4393	4393	(part).)
4394	4394	Sec. 202.052. SERVICE OF CITATION BY PUBLICATION WHEN
4395	4395	RECIPIENT'S NAME OR ADDRESS IS NOT ASCERTAINABLE. If the address of
4396	4396	a person or entity on whom citation is required to be served cannot
4397	4397	be ascertained, citation must be served on the person or entity by
4398	4398	publication in the county in which the proceeding to declare
4399	4399	heirship is commenced and in the county of the last residence of the
4400	4400	decedent who is the subject of the proceeding, if that residence was
4401	4401	in a county other than the county in which the proceeding is
4402	4402	commenced. To determine whether a decedent has any other heirs,
4403	4403	citation must be served on unknown heirs by publication in the
4404	4404	manner provided by this section. (Tex. Prob. Code, Sec. 50(b).)
4405	4405	Sec. 202.053. REQUIRED POSTING OF CITATION. Except in a
4406	4406	proceeding in which citation is served by publication as provided
4407	4407	by Section 202.052, citation in a proceeding to declare heirship
4408	4408	must be posted in:
4409	4409	(1) the county in which the proceeding is commenced;
4410	4410	and
4411	4411	(2) the county of the last residence of the decedent
4412	4412	who is the subject of the proceeding. (Tex. Prob. Code, Sec. 50(c).)
4413	4413	Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
4414	4414	The court may require that service of citation in a proceeding to
4415	4415	declare heirship be made by personal service on some or all of those
4416	4416	named as distributees in the application filed under Section
4417	4417	202.005. (Tex. Prob. Code, Sec. 50(a) (part).)
4418	4418	Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS NOT
4419	4419	REQUIRED. A party to a proceeding to declare heirship who executed
4420	4420	the application filed under Section 202.005 is not required to be
4421	4421	served by any method. (Tex. Prob. Code, Sec. 50(d).)
4422	4422	Sec. 202.056. WAIVER OF SERVICE OF CITATION ON CERTAIN
4423	4423	PERSONS NOT PERMITTED. A parent, managing conservator, guardian,
4424	4424	attorney ad litem, or guardian ad litem of a distributee who is 12
4425	4425	years of age or older, but younger than 19 years of age, may not
4426	4426	waive citation required by this subchapter to be served on the
4427	4427	distributee. (Tex. Prob. Code, Sec. 50(e).)
4428	4428	[Sections 202.057-202.100 reserved for expansion]
4429	4429	SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP
4430	4430	Sec. 202.101. REQUIRED TRANSFER OF PENDING PROCEEDING TO
4431	4431	DECLARE HEIRSHIP UNDER CERTAIN CIRCUMSTANCES. If, after a
4432	4432	proceeding to declare heirship is commenced, an administration of
4433	4433	the estate of the decedent who is the subject of the proceeding is
4434	4434	granted in this state or the decedent's will is admitted to probate
4435	4435	in this state, the court in which the proceeding to declare
4436	4436	heirship is pending shall, by an order entered of record in the
4437	4437	proceeding, transfer the proceeding to the court in which the
4438	4438	administration was granted or the will was probated. (Tex. Prob.
4439	4439	Code, Sec. 51 (part).)
4440	4440	Sec. 202.102. TRANSFER OF RECORDS. The clerk of the court
4441	4441	from which a proceeding to declare heirship is transferred under
4442	4442	Section 202.101 shall, on entry of the order under that section,
4443	4443	send to the clerk of the court named in the order a certified
4444	4444	transcript of all pleadings, docket entries, and orders of the
4445	4445	court in the proceeding. The clerk of the court to which the
4446	4446	proceeding is transferred shall:
4447	4447	(1) file the transcript;
4448	4448	(2) record the transcript in the minutes of the court;
4449	4449	and
4450	4450	(3) docket the proceeding. (Tex. Prob. Code, Sec. 51
4451	4451	(part).)
4452	4452	Sec. 202.103. PROCEDURES APPLICABLE TO TRANSFERRED
4453	4453	PROCEEDING TO DECLARE HEIRSHIP; CONSOLIDATION WITH OTHER
4454	4454	PROCEEDING. A proceeding to declare heirship that is transferred
4455	4455	under Section 202.101 shall proceed as though the proceeding was
4456	4456	originally filed in the court to which the proceeding is
4457	4457	transferred. The court may consolidate the proceeding with the
4458	4458	other proceeding pending in that court. (Tex. Prob. Code, Sec. 51
4459	4459	(part).)
4460	4460	[Sections 202.104-202.150 reserved for expansion]
4461	4461	SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
4462	4462	Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO DECLARE
4463	4463	HEIRSHIP. The court may require that all or any part of the
4464	4464	evidence admitted in a proceeding to declare heirship be:
4465	4465	(1) reduced to writing and subscribed and sworn to by
4466	4466	the witnesses, respectively; and
4467	4467	(2) filed in the proceeding and recorded in the
4468	4468	minutes of the court. (Tex. Prob. Code, Sec. 53(a).)
4469	4469	[Sections 202.152-202.200 reserved for expansion]
4470	4470	SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP
4471	4471	Sec. 202.201. REQUIRED STATEMENTS IN JUDGMENT. (a) The
4472	4472	judgment in a proceeding to declare heirship must state:
4473	4473	(1) the names and places of residence of the heirs of
4474	4474	the decedent who is the subject of the proceeding; and
4475	4475	(2) the heirs' respective shares and interests in the
4476	4476	decedent's property.
4477	4477	(b) If the proof in a proceeding to declare heirship is in
4478	4478	any respect deficient, the judgment in the proceeding must state
4479	4479	that. (Tex. Prob. Code, Sec. 54.)
4480	4480	Sec. 202.202. FINALITY AND APPEAL OF JUDGMENT. (a) The
4481	4481	judgment in a proceeding to declare heirship is a final judgment.
4482	4482	(b) At the request of an interested person, the judgment in
4483	4483	a proceeding to declare heirship may be appealed or reviewed within
4484	4484	the same time limits and in the same manner as other judgments in
4485	4485	probate matters. (Tex. Prob. Code, Sec. 55(a) (part).)
4486	4486	Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT
4487	4487	PROPERLY SERVED. If an heir of a decedent who is the subject of a
4488	4488	proceeding to declare heirship is not served with citation by
4489	4489	registered or certified mail or personal service in the proceeding,
4490	4490	the heir may:
4491	4491	(1) have the judgment in the proceeding corrected by
4492	4492	bill of review:
4493	4493	(A) at any time, but not later than the fourth
4494	4494	anniversary of the date of the judgment; or
4495	4495	(B) after the passage of any length of time, on
4496	4496	proof of actual fraud; and
4497	4497	(2) recover the heir's just share of the property or
4498	4498	the value of that share from:
4499	4499	(A) the heirs named in the judgment; and
4500	4500	(B) those who claim under the heirs named in the
4501	4501	judgment and who are not bona fide purchasers for value. (Tex.
4502	4502	Prob. Code, Sec. 55(a) (part).)
4503	4503	Sec. 202.204. LIMITATION OF LIABILITY OF CERTAIN PERSONS
4504	4504	ACTING IN ACCORDANCE WITH JUDGMENT. (a) The judgment in a
4505	4505	proceeding to declare heirship is conclusive in a suit between an
4506	4506	heir omitted from the judgment and a bona fide purchaser for value
4507	4507	who purchased property after entry of the judgment without actual
4508	4508	notice of the claim of the omitted heir, regardless of whether the
4509	4509	judgment is subsequently modified, set aside, or nullified.
4510	4510	(b) A person is not liable to another person for the
4511	4511	following actions performed in good faith after a judgment is
4512	4512	entered in a proceeding to declare heirship:
4513	4513	(1) delivering the property of the decedent who was
4514	4514	the subject of the proceeding to the persons named as heirs in the
4515	4515	judgment; or
4516	4516	(2) engaging in any other transaction with the persons
4517	4517	named as heirs in the judgment. (Tex. Prob. Code, Sec. 55(b).)
4518	4518	Sec. 202.205. EFFECT OF CERTAIN JUDGMENTS ON LIABILITY TO
4519	4519	CREDITORS. (a) A judgment in a proceeding to declare heirship
4520	4520	stating that there is no necessity for administration of the estate
4521	4521	of the decedent who is the subject of the proceeding constitutes
4522	4522	authorization for a person who owes money to the estate, has custody
4523	4523	of estate property, acts as registrar or transfer agent of an
4524	4524	evidence of interest, indebtedness, property, or right belonging to
4525	4525	the estate, or purchases from or otherwise deals with an heir named
4526	4526	in the judgment to take the following actions without liability to a
4527	4527	creditor of the estate or other person:
4528	4528	(1) to pay, deliver, or transfer the property or the
4529	4529	evidence of property rights to an heir named in the judgment; or
4530	4530	(2) to purchase property from an heir named in the
4531	4531	judgment.
4532	4532	(b) An heir named in a judgment in a proceeding to declare
4533	4533	heirship is entitled to enforce the heir's right to payment,
4534	4534	delivery, or transfer described by Subsection (a) by suit.
4535	4535	(c) Except as provided by this section, this chapter does
4536	4536	not affect the rights or remedies of the creditors of a decedent who
4537	4537	is the subject of a proceeding to declare heirship. (Tex. Prob.
4538	4538	Code, Sec. 55(c).)
4539	4539	Sec. 202.206. FILING AND RECORDING OF JUDGMENT. (a) A
4540	4540	certified copy of the judgment in a proceeding to declare heirship
4541	4541	may be:
4542	4542	(1) filed for record in the office of the county clerk
4543	4543	of the county in which any real property described in the judgment
4544	4544	is located;
4545	4545	(2) recorded in the deed records of that county; and
4546	4546	(3) indexed in the name of the decedent who was the
4547	4547	subject of the proceeding as grantor and in the names of the heirs
4548	4548	named in the judgment as grantees.
4549	4549	(b) On the filing of a judgment in accordance with
4550	4550	Subsection (a), the judgment constitutes constructive notice of the
4551	4551	facts stated in the judgment. (Tex. Prob. Code, Sec. 56.)
4552	4552	CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
4553	4553	Sec. 203.001. RECORDED STATEMENT OF FACTS AS PRIMA
4554	4554	FACIE EVIDENCE OF HEIRSHIP
4555	4555	Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF
4556	4556	HEIRS
4557	4557	CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
4558	4558	Sec. 203.001. RECORDED STATEMENT OF FACTS AS PRIMA FACIE
4559	4559	EVIDENCE OF HEIRSHIP. (a) A court shall receive in a proceeding to
4560	4560	declare heirship or a suit involving title to property a statement
4561	4561	of facts concerning the family history, genealogy, marital status,
4562	4562	or the identity of the heirs of a decedent as prima facie evidence
4563	4563	of the facts contained in the statement if:
4564	4564	(1) the statement is contained in:
4565	4565	(A) an affidavit or other instrument legally
4566	4566	executed and acknowledged or sworn to before, and certified by, an
4567	4567	officer authorized to take acknowledgments or oaths, as applicable;
4568	4568	or
4569	4569	(B) a judgment of a court of record; and
4570	4570	(2) the affidavit or instrument containing the
4571	4571	statement has been of record for five years or more in the deed
4572	4572	records of a county in this state in which the property is located
4573	4573	at the time the suit involving title to property is commenced, or in
4574	4574	the deed records of a county in this state in which the decedent was
4575	4575	domiciled or had a fixed place of residence at the time of the
4576	4576	decedent's death.
4577	4577	(b) If there is an error in a statement of facts in a
4578	4578	recorded affidavit or instrument described by Subsection (a),
4579	4579	anyone interested in a proceeding in which the affidavit or
4580	4580	instrument is offered in evidence may prove the true facts.
4581	4581	(c) An affidavit of facts concerning the identity of a
4582	4582	decedent's heirs as to an interest in real property that is filed in
4583	4583	a proceeding or suit described by Subsection (a) may be in the form
4584	4584	prescribed by Section 203.002.
4585	4585	(d) An affidavit of facts concerning the identity of a
4586	4586	decedent's heirs does not affect the rights of an omitted heir or
4587	4587	creditor of the decedent as otherwise provided by law. This section
4588	4588	is cumulative of all other statutes on the same subject and may not
4589	4589	be construed as abrogating any right to present evidence or rely on
4590	4590	an affidavit of facts conferred by any other statute or rule. (Tex.
4591	4591	Prob. Code, Sec. 52.)
4592	4592	Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF
4593	4593	HEIRS. An affidavit of facts concerning the identity of a
4594	4594	decedent's heirs may be in substantially the following form:
4595	4595	AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
4596	4596	Before me, the undersigned authority, on this day personally
4597	4597	appeared __________ ("Affiant") (insert name of affiant) who, being
4598	4598	first duly sworn, upon his/her oath states:
4599	4599	1. My name is __________ (insert name of affiant), and I live
4600	4600	at __________ (insert address of affiant's residence). I am
4601	4601	personally familiar with the family and marital history of
4602	4602	__________ ("Decedent") (insert name of decedent), and I have
4603	4603	personal knowledge of the facts stated in this affidavit.
4604	4604	2. I knew decedent from __________ (insert date) until
4605	4605	__________ (insert date). Decedent died on __________ (insert date
4606	4606	of death). Decedent's place of death was __________ (insert place
4607	4607	of death). At the time of decedent's death, decedent's residence was
4608	4608	__________ (insert address of decedent's residence).
4609	4609	3. Decedent's marital history was as follows: __________
4610	4610	(insert marital history and, if decedent's spouse is deceased,
4611	4611	insert date and place of spouse's death).
4612	4612	4. Decedent had the following children: __________ (insert
4613	4613	name, birth date, name of other parent, and current address of child
4614	4614	or date of death of child and descendants of deceased child, as
4615	4615	applicable, for each child).
4616	4616	5. Decedent did not have or adopt any other children and did
4617	4617	not take any other children into decedent's home or raise any other
4618	4618	children, except: __________ (insert name of child or names of
4619	4619	children, or state "none").
4620	4620	6. (Include if decedent was not survived by descendants.)
4621	4621	Decedent's mother was: __________ (insert name, birth date, and
4622	4622	current address or date of death of mother, as applicable).
4623	4623	7. (Include if decedent was not survived by descendants.)
4624	4624	Decedent's father was: __________ (insert name, birth date, and
4625	4625	current address or date of death of father, as applicable).
4626	4626	8. (Include if decedent was not survived by descendants or by
4627	4627	both mother and father.) Decedent had the following siblings:
4628	4628	__________ (insert name, birth date, and current address or date of
4629	4629	death of each sibling and parents of each sibling and descendants of
4630	4630	each deceased sibling, as applicable, or state "none").
4631	4631	9. (Optional.) The following persons have knowledge
4632	4632	regarding the decedent, the identity of decedent's children, if
4633	4633	any, parents, or siblings, if any: __________ (insert names of
4634	4634	persons with knowledge, or state "none").
4635	4635	10. Decedent died without leaving a written will. (Modify
4636	4636	statement if decedent left a written will.)
4637	4637	11. There has been no administration of decedent's estate.
4638	4638	(Modify statement if there has been administration of decedent's
4639	4639	estate.)
4640	4640	12. Decedent left no debts that are unpaid, except:
4641	4641	__________ (insert list of debts, or state "none").
4642	4642	13. There are no unpaid estate or inheritance taxes, except:
4643	4643	__________ (insert list of unpaid taxes, or state "none").
4644	4644	14. To the best of my knowledge, decedent owned an interest
4645	4645	in the following real property: __________ (insert list of real
4646	4646	property in which decedent owned an interest, or state "none").
4647	4647	15. (Optional.) The following were the heirs of decedent:
4648	4648	__________ (insert names of heirs).
4649	4649	16. (Insert additional information as appropriate, such as
4650	4650	size of the decedent's estate.)
4651	4651	Signed this ___ day of __________, ___.
4652	4652	_________________________________
4653	4653	(signature of affiant)
4654	4654	State of __________
4655	4655	County of __________
4656	4656	Sworn to and subscribed to before me on __________ (date) by
4657	4657	__________ (insert name of affiant).
4658	4658	_________________________________
4659	4659	(signature of notarial officer)
4660	4660	(Seal, if any, of notary) __________
4661	4661	(printed name)
4662	4662	My commission expires: __________
4663	4663	(Tex. Prob. Code, Sec. 52A.)
4664	4664	CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
4665	4665	SUBCHAPTER A. GENERAL PROVISIONS
4666	4666	Sec. 204.001. PROCEEDINGS AND RECORDS PUBLIC
4667	4667	[Sections 204.002-204.050 reserved for expansion]
4668	4668	SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
4669	4669	DECLARE HEIRSHIP
4670	4670	Sec. 204.051. ORDER FOR GENETIC TESTING
4671	4671	Sec. 204.052. ADVANCEMENT OF COSTS
4672	4672	Sec. 204.053. ORDER AND ADVANCEMENT OF COSTS FOR
4673	4673	SUBSEQUENT GENETIC TESTING
4674	4674	Sec. 204.054. SUBMISSION OF GENETIC MATERIAL BY OTHER
4675	4675	RELATIVE UNDER CERTAIN CIRCUMSTANCES
4676	4676	Sec. 204.055. GENETIC TESTING OF DECEASED INDIVIDUAL
4677	4677	Sec. 204.056. CRIMINAL PENALTY
4678	4678	[Sections 204.057-204.100 reserved for expansion]
4679	4679	SUBCHAPTER C. RESULTS OF GENETIC TESTING
4680	4680	Sec. 204.101. RESULTS OF GENETIC TESTING;
4681	4681	ADMISSIBILITY
4682	4682	Sec. 204.102. PRESUMPTION REGARDING RESULTS OF GENETIC
4683	4683	TESTING; REBUTTAL
4684	4684	Sec. 204.103. CONTESTING RESULTS OF GENETIC TESTING
4685	4685	[Sections 204.104-204.150 reserved for expansion]
4686	4686	SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN PROCEEDINGS TO DECLARE HEIRSHIP
4687	4687	PROCEEDINGS TO DECLARE HEIRSHIP
4688	4688	Sec. 204.151. APPLICABILITY OF SUBCHAPTER
4689	4689	Sec. 204.152. REQUIRED FINDINGS IN ABSENCE OF REBUTTAL
4690	4690	EVIDENCE
4691	4691	Sec. 204.153. EFFECT OF INCONCLUSIVE RESULTS OF
4692	4692	GENETIC TESTING
4693	4693	[Sections 204.154-204.200 reserved for expansion]
4694	4694	SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC TESTING
4695	4695	TESTING
4696	4696	Sec. 204.201. ORDER FOR CHANGE OF NAME
4697	4697	CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
4698	4698	SUBCHAPTER A. GENERAL PROVISIONS
4699	4699	Sec. 204.001. PROCEEDINGS AND RECORDS PUBLIC. A proceeding
4700	4700	under this chapter or Chapter 202 involving genetic testing is open
4701	4701	to the public as in other civil cases. Papers and records in the
4702	4702	proceeding are available for public inspection. (Tex. Prob. Code,
4703	4703	Sec. 53E.)
4704	4704	[Sections 204.002-204.050 reserved for expansion]
4705	4705	SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO
4706	4706	DECLARE HEIRSHIP
4707	4707	Sec. 204.051. ORDER FOR GENETIC TESTING. (a) In a
4708	4708	proceeding to declare heirship under Chapter 202, the court may, on
4709	4709	the court's own motion, and shall, on the request of a party to the
4710	4710	proceeding, order one or more specified individuals to submit to
4711	4711	genetic testing as provided by Subchapter F, Chapter 160, Family
4712	4712	Code. If two or more individuals are ordered to be tested, the
4713	4713	court may order that the testing of those individuals be done
4714	4714	concurrently or sequentially.
4715	4715	(b) The court may enforce an order under this section by
4716	4716	contempt. (Tex. Prob. Code, Sec. 53A(a).)
4717	4717	Sec. 204.052. ADVANCEMENT OF COSTS. Subject to any
4718	4718	assessment of costs following a proceeding to declare heirship in
4719	4719	accordance with Rule 131, Texas Rules of Civil Procedure, the cost
4720	4720	of genetic testing ordered under Section 204.051 must be advanced:
4721	4721	(1) by a party to the proceeding who requests the
4722	4722	testing;
4723	4723	(2) as agreed by the parties and approved by the court;
4724	4724	or
4725	4725	(3) as ordered by the court. (Tex. Prob. Code, Sec.
4726	4726	53A(b).)
4727	4727	Sec. 204.053. ORDER AND ADVANCEMENT OF COSTS FOR SUBSEQUENT
4728	4728	GENETIC TESTING. (a) Subject to Subsection (b), the court shall
4729	4729	order genetic testing subsequent to the testing conducted under
4730	4730	Section 204.051 if:
4731	4731	(1) a party to the proceeding to declare heirship
4732	4732	contests the results of the genetic testing ordered under Section
4733	4733	204.051; and
4734	4734	(2) the party contesting the results requests that
4735	4735	additional testing be conducted.
4736	4736	(b) If the results of the genetic testing ordered under
4737	4737	Section 204.051 identify a tested individual as an heir of the
4738	4738	decedent, the court may order additional genetic testing in
4739	4739	accordance with Subsection (a) only if the party contesting those
4740	4740	results pays for the additional testing in advance. (Tex. Prob.
4741	4741	Code, Secs. 53A(c), (d).)
4742	4742	Sec. 204.054. SUBMISSION OF GENETIC MATERIAL BY OTHER
4743	4743	RELATIVE UNDER CERTAIN CIRCUMSTANCES. If a sample of an
4744	4744	individual's genetic material that could identify another
4745	4745	individual as the decedent's heir is not available for purposes of
4746	4746	conducting genetic testing under this subchapter, the court, on a
4747	4747	finding of good cause and that the need for genetic testing
4748	4748	outweighs the legitimate interests of the individual to be tested,
4749	4749	may order any of the following individuals to submit a sample of
4750	4750	genetic material for the testing under circumstances the court
4751	4751	considers just:
4752	4752	(1) a parent, sibling, or child of the individual
4753	4753	whose genetic material is not available; or
4754	4754	(2) any other relative of that individual, as
4755	4755	necessary to conduct the testing. (Tex. Prob. Code, Sec. 53A(e).)
4756	4756	Sec. 204.055. GENETIC TESTING OF DECEASED INDIVIDUAL. On
4757	4757	good cause shown, the court may order:
4758	4758	(1) genetic testing of a deceased individual under
4759	4759	this subchapter; and
4760	4760	(2) if necessary, removal of the remains of the
4761	4761	deceased individual as provided by Section 711.004, Health and
4762	4762	Safety Code, for that testing. (Tex. Prob. Code, Sec. 53A(f).)
4763	4763	Sec. 204.056. CRIMINAL PENALTY. (a) An individual commits
4764	4764	an offense if:
4765	4765	(1) the individual intentionally releases an
4766	4766	identifiable sample of the genetic material of another individual
4767	4767	that was provided for purposes of genetic testing ordered under
4768	4768	this subchapter; and
4769	4769	(2) the release:
4770	4770	(A) is for a purpose not related to the
4771	4771	proceeding to declare heirship; and
4772	4772	(B) was not ordered by the court or done in
4773	4773	accordance with written permission obtained from the individual who
4774	4774	provided the sample.
4775	4775	(b) An offense under this section is a Class A misdemeanor.
4776	4776	(Tex. Prob. Code, Sec. 53A(g).)
4777	4777	[Sections 204.057-204.100 reserved for expansion]
4778	4778	SUBCHAPTER C. RESULTS OF GENETIC TESTING
4779	4779	Sec. 204.101. RESULTS OF GENETIC TESTING; ADMISSIBILITY. A
4780	4780	report of the results of genetic testing ordered under Subchapter
4781	4781	B:
4782	4782	(1) must comply with the requirements for a report
4783	4783	prescribed by Section 160.504, Family Code; and
4784	4784	(2) is admissible in a proceeding to declare heirship
4785	4785	under Chapter 202 as evidence of the truth of the facts asserted in
4786	4786	the report. (Tex. Prob. Code, Sec. 53B(a).)
4787	4787	Sec. 204.102. PRESUMPTION REGARDING RESULTS OF GENETIC
4788	4788	TESTING; REBUTTAL. The presumption under Section 160.505, Family
4789	4789	Code:
4790	4790	(1) applies to the results of genetic testing ordered
4791	4791	under Subchapter B; and
4792	4792	(2) may be rebutted as provided by Section 160.505,
4793	4793	Family Code. (Tex. Prob. Code, Sec. 53B(b).)
4794	4794	Sec. 204.103. CONTESTING RESULTS OF GENETIC TESTING. (a) A
4795	4795	party to a proceeding to declare heirship who contests the results
4796	4796	of genetic testing may call one or more genetic testing experts to
4797	4797	testify in person or by telephone, videoconference, deposition, or
4798	4798	another method approved by the court.
4799	4799	(b) Unless otherwise ordered by the court, the party
4800	4800	offering the testimony under Subsection (a) bears the expense for
4801	4801	the expert testifying. (Tex. Prob. Code, Sec. 53B(c).)
4802	4802	[Sections 204.104-204.150 reserved for expansion]
4803	4803	SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN
4804	4804	PROCEEDINGS TO DECLARE HEIRSHIP
4805	4805	Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter
4806	4806	applies in a proceeding to declare heirship of a decedent only with
4807	4807	respect to an individual who:
4808	4808	(1) petitions the court for a determination of right
4809	4809	of inheritance as authorized by Section 201.052(c); and
4810	4810	(2) claims:
4811	4811	(A) to be a biological child of the decedent, but
4812	4812	with respect to whom a parent-child relationship with the decedent
4813	4813	was not established as provided by Section 160.201, Family Code; or
4814	4814	(B) to inherit through a biological child of the
4815	4815	decedent, if a parent-child relationship between the individual
4816	4816	through whom the inheritance is claimed and the decedent was not
4817	4817	established as provided by Section 160.201, Family Code. (Tex.
4818	4818	Prob. Code, Sec. 53C(a).)
4819	4819	Sec. 204.152. REQUIRED FINDINGS IN ABSENCE OF REBUTTAL
4820	4820	EVIDENCE. Unless the results of genetic testing of another
4821	4821	individual who is an heir of the decedent who is the subject of a
4822	4822	proceeding to declare heirship to which this subchapter applies are
4823	4823	admitted as rebuttal evidence, the court shall find that the
4824	4824	individual described by Section 204.151:
4825	4825	(1) is an heir of the decedent, if the results of
4826	4826	genetic testing ordered under Subchapter B identify a tested
4827	4827	individual who is an heir of the decedent as the ancestor of the
4828	4828	individual described by Section 204.151; or
4829	4829	(2) is not an heir of the decedent, if the results of
4830	4830	genetic testing ordered under Subchapter B exclude a tested
4831	4831	individual who is an heir of the decedent as the ancestor of the
4832	4832	individual described by Section 204.151. (Tex. Prob. Code, Secs.
4833	4833	53C(b), (c).)
4834	4834	Sec. 204.153. EFFECT OF INCONCLUSIVE RESULTS OF GENETIC
4835	4835	TESTING. If the results of genetic testing ordered under
4836	4836	Subchapter B do not identify or exclude a tested individual as the
4837	4837	ancestor of the individual described by Section 204.151:
4838	4838	(1) the court may not dismiss the proceeding to
4839	4839	declare heirship; and
4840	4840	(2) the results of the genetic testing and other
4841	4841	relevant evidence are admissible in the proceeding. (Tex. Prob.
4842	4842	Code, Sec. 53C(d).)
4843	4843	[Sections 204.154-204.200 reserved for expansion]
4844	4844	SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC
4845	4845	TESTING
4846	4846	Sec. 204.201. ORDER FOR CHANGE OF NAME. On the request of
4847	4847	an individual determined by the results of genetic testing to be the
4848	4848	heir of a decedent and for good cause shown, the court may:
4849	4849	(1) order the name of the individual to be changed; and
4850	4850	(2) if the court orders a name change under
4851	4851	Subdivision (1), order the bureau of vital statistics to issue an
4852	4852	amended birth record for the individual. (Tex. Prob. Code, Sec.
4853	4853	53D.)
4854	4854	CHAPTER 205. SMALL ESTATE AFFIDAVIT
4855	4855	Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT
4856	4856	APPOINTMENT OF PERSONAL REPRESENTATIVE
4857	4857	Sec. 205.002. AFFIDAVIT REQUIREMENTS
4858	4858	Sec. 205.003. EXAMINATION AND APPROVAL OF AFFIDAVIT
4859	4859	Sec. 205.004. COPY OF AFFIDAVIT TO CERTAIN PERSONS
4860	4860	Sec. 205.005. AFFIDAVIT AS LOCAL GOVERNMENT RECORD
4861	4861	Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER
4862	4862	AFFIDAVIT
4863	4863	Sec. 205.007. LIABILITY OF CERTAIN PERSONS
4864	4864	Sec. 205.008. EFFECT OF CHAPTER
4865	4865	CHAPTER 205. SMALL ESTATE AFFIDAVIT
4866	4866	Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF
4867	4867	PERSONAL REPRESENTATIVE. The distributees of the estate of a
4868	4868	decedent who dies intestate are entitled to the decedent's estate
4869	4869	without waiting for the appointment of a personal representative of
4870	4870	the estate to the extent the estate assets, excluding homestead and
4871	4871	exempt property, exceed the known liabilities of the estate,
4872	4872	excluding any liabilities secured by homestead and exempt property,
4873	4873	if:
4874	4874	(1) 30 days have elapsed since the date of the
4875	4875	decedent's death;
4876	4876	(2) no petition for the appointment of a personal
4877	4877	representative is pending or has been granted;
4878	4878	(3) the value of the estate assets, excluding
4879	4879	homestead and exempt property, does not exceed $50,000;
4880	4880	(4) an affidavit that meets the requirements of
4881	4881	Section 205.002 is filed with the clerk of the court that has
4882	4882	jurisdiction and venue of the estate;
4883	4883	(5) the judge approves the affidavit as provided by
4884	4884	Section 205.003; and
4885	4885	(6) the distributees comply with Section 205.004.
4886	4886	(Tex. Prob. Code, Sec. 137(a) (part).)
4887	4887	Sec. 205.002. AFFIDAVIT REQUIREMENTS. An affidavit filed
4888	4888	under Section 205.001 must:
4889	4889	(1) be sworn to by:
4890	4890	(A) two disinterested witnesses;
4891	4891	(B) each distributee of the estate who has legal
4892	4892	capacity; and
4893	4893	(C) if warranted by the facts, the natural
4894	4894	guardian or next of kin of any minor distributee or the guardian of
4895	4895	any other incapacitated distributee;
4896	4896	(2) show the existence of the conditions prescribed by
4897	4897	Sections 205.001(1), (2), and (3); and
4898	4898	(3) include:
4899	4899	(A) a list of all known estate assets and
4900	4900	liabilities;
4901	4901	(B) the name and address of each distributee; and
4902	4902	(C) the relevant family history facts concerning
4903	4903	heirship that show each distributee's right to receive estate money
4904	4904	or other property or to have any evidence of money, property, or
4905	4905	other right of the estate as is determined to exist transferred to
4906	4906	the distributee as an heir or assignee. (Tex. Prob. Code, Sec.
4907	4907	137(a) (part).)
4908	4908	Sec. 205.003. EXAMINATION AND APPROVAL OF AFFIDAVIT. The
4909	4909	judge shall examine an affidavit filed under Section 205.001. The
4910	4910	judge may approve the affidavit if the judge determines that the
4911	4911	affidavit conforms to the requirements of this chapter. (Tex.
4912	4912	Prob. Code, Sec. 137(a) (part).)
4913	4913	Sec. 205.004. COPY OF AFFIDAVIT TO CERTAIN PERSONS. The
4914	4914	distributees of the estate shall provide a copy of the affidavit
4915	4915	under this chapter, certified by the court clerk, to each person
4916	4916	who:
4917	4917	(1) owes money to the estate;
4918	4918	(2) has custody or possession of estate property; or
4919	4919	(3) acts as a registrar, fiduciary, or transfer agent
4920	4920	of or for an evidence of interest, indebtedness, property, or other
4921	4921	right belonging to the estate. (Tex. Prob. Code, Sec. 137(a)
4922	4922	(part).)
4923	4923	Sec. 205.005. AFFIDAVIT AS LOCAL GOVERNMENT RECORD. (a) If
4924	4924	the judge approves an affidavit under Section 205.003, the
4925	4925	affidavit shall be maintained as a local government record under
4926	4926	Subtitle C, Title 6, Local Government Code.
4927	4927	(b) If the county does not maintain local government records
4928	4928	in a manner authorized under Subtitle C, Title 6, Local Government
4929	4929	Code, the county clerk shall provide and keep in the clerk's office
4930	4930	an appropriate book labeled "Small Estates" in which the clerk
4931	4931	shall, on payment of the legal recording fee, record each affidavit
4932	4932	filed under this chapter. The small estates book must contain an
4933	4933	accurate index that shows the decedent's name and references to any
4934	4934	land involved. (Tex. Prob. Code, Sec. 137(d).)
4935	4935	Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER
4936	4936	AFFIDAVIT. (a) If a decedent's homestead is the only real property
4937	4937	in the decedent's estate, title to the homestead may be transferred
4938	4938	under an affidavit that meets the requirements of this chapter. The
4939	4939	affidavit used to transfer title to the homestead must be recorded
4940	4940	in the deed records of a county in which the homestead is located.
4941	4941	(b) A bona fide purchaser for value may rely on an affidavit
4942	4942	recorded under this section. A bona fide purchaser for value
4943	4943	without actual or constructive notice of an heir who is not
4944	4944	disclosed in the recorded affidavit acquires title to a homestead
4945	4945	free of the interests of the undisclosed heir, but remains subject
4946	4946	to any claim a creditor of the decedent has by law. A purchaser has
4947	4947	constructive notice of an heir who is not disclosed in the recorded
4948	4948	affidavit if an affidavit, judgment of heirship, or title
4949	4949	transaction in the chain of title in the deed records identifies
4950	4950	that heir as the decedent's heir.
4951	4951	(c) An heir who is not disclosed in an affidavit recorded
4952	4952	under this section may recover from an heir who receives
4953	4953	consideration from a purchaser in a transfer for value of title to a
4954	4954	homestead passing under the affidavit. (Tex. Prob. Code, Sec.
4955	4955	137(c).)
4956	4956	Sec. 205.007. LIABILITY OF CERTAIN PERSONS. (a) A person
4957	4957	making a payment, delivery, transfer, or issuance under an
4958	4958	affidavit described by this chapter is released to the same extent
4959	4959	as if made to a personal representative of the decedent. The person
4960	4960	may not be required to:
4961	4961	(1) see to the application of the affidavit; or
4962	4962	(2) inquire into the truth of any statement in the
4963	4963	affidavit.
4964	4964	(b) The distributees to whom payment, delivery, transfer,
4965	4965	or issuance is made are:
4966	4966	(1) answerable for the payment, delivery, transfer, or
4967	4967	issuance to any person having a prior right; and
4968	4968	(2) accountable to any personal representative
4969	4969	appointed after the payment, delivery, transfer, or issuance.
4970	4970	(c) Each person who executed the affidavit is liable for any
4971	4971	damage or loss to any person that arises from a payment, delivery,
4972	4972	transfer, or issuance made in reliance on the affidavit.
4973	4973	(d) If a person to whom the affidavit is delivered refuses
4974	4974	to pay, deliver, transfer, or issue property as provided by this
4975	4975	section, the property may be recovered in an action brought for that
4976	4976	purpose by or on behalf of the distributees entitled to the property
4977	4977	on proof of the facts required to be stated in the affidavit. (Tex.
4978	4978	Prob. Code, Sec. 138.)
4979	4979	Sec. 205.008. EFFECT OF CHAPTER. (a) This chapter does not
4980	4980	affect the disposition of property under a will or other
4981	4981	testamentary document.
4982	4982	(b) Except as provided by Section 205.006, this chapter does
4983	4983	not transfer title to real property. (Tex. Prob. Code, Sec.
4984	4984	137(b).)
4985	4985	[Chapters 206-250 reserved for expansion]
4986	4986	SUBTITLE F. WILLS
4987	4987	CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO WILLS
4988	4988	WILLS
4989	4989	SUBCHAPTER A. WILL FORMATION
4990	4990	Sec. 251.001. WHO MAY EXECUTE WILL
4991	4991	Sec. 251.002. INTERESTS THAT MAY PASS BY WILL;
4992	4992	DISINHERITANCE
4993	4993	[Sections 251.003-251.050 reserved for expansion]
4994	4994	SUBCHAPTER B. WILL REQUIREMENTS
4995	4995	Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED
4996	4996	Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS
4997	4997	[Sections 251.053-251.100 reserved for expansion]
4998	4998	SUBCHAPTER C. SELF-PROVED WILLS
4999	4999	Sec. 251.101. SELF-PROVED WILL
5000	5000	Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED
5001	5001	WILL
5002	5002	Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS
5003	5003	SELF-PROVED
5004	5004	Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT
5005	5005	Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING
5006	5006	AFFIDAVIT
5007	5007	Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF
5008	5008	SELF-PROVED WILL
5009	5009	Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL
5010	5010	CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO
5011	5011	WILLS
5012	5012	SUBCHAPTER A. WILL FORMATION
5013	5013	Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and
5014	5014	limitations prescribed by law, a person of sound mind has the right
5015	5015	and power to make a last will and testament if, at the time the will
5016	5016	is made, the person:
5017	5017	(1) is 18 years of age or older;
5018	5018	(2) is or has been married; or
5019	5019	(3) is a member of the armed forces of the United
5020	5020	States, an auxiliary of the armed forces of the United States, or
5021	5021	the United States Maritime Service. (Tex. Prob. Code, Sec. 57.)
5022	5022	Sec. 251.002. INTERESTS THAT MAY PASS BY WILL;
5023	5023	DISINHERITANCE. (a) Subject to limitations prescribed by law, a
5024	5024	person competent to make a last will and testament may devise under
5025	5025	the will and testament all the estate, right, title, and interest in
5026	5026	property the person has at the time of the person's death.
5027	5027	(b) A person who makes a last will and testament may:
5028	5028	(1) disinherit an heir; and
5029	5029	(2) direct the disposition of property or an interest
5030	5030	passing under the will or by intestacy. (Tex. Prob. Code, Secs.
5031	5031	58(a), (b).)
5032	5032	[Sections 251.003-251.050 reserved for expansion]
5033	5033	SUBCHAPTER B. WILL REQUIREMENTS
5034	5034	Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as
5035	5035	otherwise provided by law, a last will and testament must be:
5036	5036	(1) in writing;
5037	5037	(2) signed by:
5038	5038	(A) the testator in person; or
5039	5039	(B) another person on behalf of the testator:
5040	5040	(i) in the testator's presence; and
5041	5041	(ii) under the testator's direction; and
5042	5042	(3) attested by two or more credible witnesses who are
5043	5043	at least 14 years of age and who subscribe their names to the will in
5044	5044	their own handwriting in the testator's presence. (Tex. Prob.
5045	5045	Code, Sec. 59(a) (part).)
5046	5046	Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS.
5047	5047	Notwithstanding Section 251.051, a will written wholly in the
5048	5048	testator's handwriting is not required to be attested by
5049	5049	subscribing witnesses. (Tex. Prob. Code, Secs. 59(a) (part), 60
5050	5050	(part).)
5051	5051	[Sections 251.053-251.100 reserved for expansion]
5052	5052	SUBCHAPTER C. SELF-PROVED WILLS
5053	5053	Sec. 251.101. SELF-PROVED WILL. A will to which a
5054	5054	self-proving affidavit subscribed and sworn to by the testator and
5055	5055	witnesses is attached or annexed is a self-proved will. (Tex. Prob.
5056	5056	Code, Sec. 59(b) (part).)
5057	5057	Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED WILL.
5058	5058	(a) A self-proved will may be admitted to probate without the
5059	5059	testimony of any subscribing witnesses if the testator and
5060	5060	witnesses execute a self-proving affidavit.
5061	5061	(b) A self-proved will may not otherwise be treated
5062	5062	differently than a will that is not self-proved. (Tex. Prob. Code,
5063	5063	Secs. 59(a) (part), (c) (part).)
5064	5064	Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED.
5065	5065	A will or testament that meets the requirements of Section 251.051
5066	5066	may be made self-proved at:
5067	5067	(1) the time of the execution of the will or testament;
5068	5068	or
5069	5069	(2) a later date during the lifetime of the testator
5070	5070	and the witnesses. (Tex. Prob. Code, Sec. 59(a) (part).)
5071	5071	Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT. (a)
5072	5072	An affidavit that is in form and content substantially as provided
5073	5073	by Subsection (e) is a self-proving affidavit.
5074	5074	(b) A self-proving affidavit must be made by the testator
5075	5075	and by the attesting witnesses before an officer authorized to
5076	5076	administer oaths under the laws of this state. The officer shall
5077	5077	affix the officer's official seal to the self-proving affidavit.
5078	5078	(c) The self-proving affidavit shall be attached or annexed
5079	5079	to the will or testament.
5080	5080	(d) An affidavit that is in substantial compliance with the
5081	5081	form of the affidavit provided by Subsection (e), that is
5082	5082	subscribed and acknowledged by the testator, and that is
5083	5083	subscribed and sworn to by the attesting witnesses is sufficient to
5084	5084	self-prove the will. No other affidavit or certificate of a
5085	5085	testator is required to self-prove a will or testament other than
5086	5086	the affidavit provided by Subsection (e).
5087	5087	(e) The form and content of the self-proving affidavit must
5088	5088	be substantially as follows:
5089	5089	THE STATE OF TEXAS
5090	5090	COUNTY OF ________________
5091	5091	Before me, the undersigned authority, on this day personally
5092	5092	appeared _______________, _______________, and _______________,
5093	5093	known to me to be the testator and the witnesses, respectively,
5094	5094	whose names are subscribed to the annexed or foregoing instrument
5095	5095	in their respective capacities, and, all of said persons being by me
5096	5096	duly sworn, the said _______________, testator, declared to me and
5097	5097	to the said witnesses in my presence that said instrument is
5098	5098	[his/her] last will and testament, and that [he/she] had willingly
5099	5099	made and executed it as [his/her] free act and deed; and the said
5100	5100	witnesses, each on [his/her] oath stated to me, in the presence and
5101	5101	hearing of the said testator, that the said testator had declared to
5102	5102	them that said instrument is [his/her] last will and testament, and
5103	5103	that [he/she] executed same as such and wanted each of them to sign
5104	5104	it as a witness; and upon their oaths each witness stated further
5105	5105	that they did sign the same as witnesses in the presence of the said
5106	5106	testator and at [his/her] request; that [he/she] was at that time
5107	5107	eighteen years of age or over (or being under such age, was or had
5108	5108	been lawfully married, or was then a member of the armed forces of
5109	5109	the United States, or an auxiliary of the armed forces of the United
5110	5110	States, or the United States Maritime Service) and was of sound
5111	5111	mind; and that each of said witnesses was then at least fourteen
5112	5112	years of age.
5113	5113	_______________
5114	5114	Testator
5115	5115	_______________
5116	5116	Witness
5117	5117	_______________
5118	5118	Witness
5119	5119	Subscribed and sworn to before me by the said ____________,
5120	5120	testator, and by the said ________________ and _______________,
5121	5121	witnesses, this ______ day of ________________ A.D.
5122	5122	________________.
5123	5123	(SEAL)
5124	5124	(Signed) ______________________________
5125	5125	(Official Capacity of Officer)
5126	5126	(Tex. Prob. Code, Secs. 59(a) (part), (b) (part).)
5127	5127	Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING
5128	5128	AFFIDAVIT. A signature on a self-proving affidavit is considered a
5129	5129	signature to the will if necessary to prove that the will was signed
5130	5130	by the testator or witnesses or both, except that, in that case, the
5131	5131	will may not be considered a self-proved will. (Tex. Prob. Code,
5132	5132	Sec. 59(b) (part).)
5133	5133	Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF
5134	5134	SELF-PROVED WILL. A self-proved will may be contested, revoked, or
5135	5135	amended by a codicil in the same manner as a will that is not
5136	5136	self-proved. (Tex. Prob. Code, Sec. 59(c) (part).)
5137	5137	Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL.
5138	5138	Notwithstanding any other provision of this subchapter, a will
5139	5139	written wholly in the testator's handwriting may be made
5140	5140	self-proved at any time during the testator's lifetime by the
5141	5141	attachment or annexation to the will of an affidavit by the testator
5142	5142	to the effect that:
5143	5143	(1) the instrument is the testator's last will;
5144	5144	(2) the testator was 18 years of age or older at the
5145	5145	time the will was executed or, if the testator was younger than 18
5146	5146	years of age, that the testator:
5147	5147	(A) was or had been married; or
5148	5148	(B) was a member of the armed forces of the United
5149	5149	States, an auxiliary of the armed forces of the United States, or
5150	5150	the United States Maritime Service at the time the will was
5151	5151	executed;
5152	5152	(3) the testator was of sound mind; and
5153	5153	(4) the testator has not revoked the will. (Tex. Prob.
5154	5154	Code, Sec. 60 (part).)
5155	5155	CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
5156	5156	SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK
5157	5157	Sec. 252.001. WILL DEPOSIT; CERTIFICATE
5158	5158	Sec. 252.002. SEALED WRAPPER REQUIRED
5159	5159	Sec. 252.003. NUMBERING OF FILED WILLS AND
5160	5160	CORRESPONDING CERTIFICATES
5161	5161	Sec. 252.004. INDEX
5162	5162	[Sections 252.005-252.050 reserved for expansion]
5163	5163	SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR
5164	5164	Sec. 252.051. WILL DELIVERY
5165	5165	Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT;
5166	5166	EXCEPTION
5167	5167	[Sections 252.053-252.100 reserved for expansion]
5168	5168	SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR
5169	5169	Sec. 252.101. NOTIFICATION BY COUNTY CLERK
5170	5170	Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH
5171	5171	Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK
5172	5172	Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR
5173	5173	Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES
5174	5174	[Sections 252.106-252.150 reserved for expansion]
5175	5175	SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT
5176	5176	Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE
5177	5177	Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO
5178	5178	LATER WILL
5179	5179	Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE
5180	5180	[Sections 252.154-252.200 reserved for expansion]
5181	5181	SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS
5182	5182	Sec. 252.201. WILL DELIVERY
5183	5183	Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE
5184	5184	PAPERS
5185	5185	Sec. 252.203. ARREST; CONFINEMENT
5186	5186	Sec. 252.204. DAMAGES
5187	5187	CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
5188	5188	SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK
5189	5189	Sec. 252.001. WILL DEPOSIT; CERTIFICATE. (a) A testator,
5190	5190	or another person for the testator, may deposit the testator's will
5191	5191	with the county clerk of the county of the testator's residence.
5192	5192	Before accepting the will for deposit, the clerk may require proof
5193	5193	satisfactory to the clerk concerning the testator's identity and
5194	5194	residence.
5195	5195	(b) The county clerk shall receive and keep the will on the
5196	5196	payment of a $5 fee.
5197	5197	(c) On the deposit of the will, the county clerk shall issue
5198	5198	a certificate of deposit for the will. (Tex. Prob. Code, Sec. 71(a)
5199	5199	(part).)
5200	5200	Sec. 252.002. SEALED WRAPPER REQUIRED. (a) A will intended
5201	5201	to be deposited with a county clerk shall be enclosed in a sealed
5202	5202	wrapper.
5203	5203	(b) The wrapper must be endorsed with:
5204	5204	(1) "Will of," followed by the name, address, and
5205	5205	signature of the testator; and
5206	5206	(2) the name and current address of each person who is
5207	5207	to be notified of the deposit of the will after the testator's
5208	5208	death. (Tex. Prob. Code, Sec. 71(b).)
5209	5209	Sec. 252.003. NUMBERING OF FILED WILLS AND CORRESPONDING
5210	5210	CERTIFICATES. (a) A county clerk shall number wills deposited with
5211	5211	the clerk in consecutive order.
5212	5212	(b) A certificate of deposit issued under Section
5213	5213	252.001(c) on receipt of a will must bear the same number as the
5214	5214	will for which the certificate is issued. (Tex. Prob. Code, Sec.
5215	5215	71(a) (part).)
5216	5216	Sec. 252.004. INDEX. A county clerk shall keep an index of
5217	5217	all wills deposited with the clerk under Section 252.001. (Tex.
5218	5218	Prob. Code, Sec. 71(c).)
5219	5219	[Sections 252.005-252.050 reserved for expansion]
5220	5220	SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR
5221	5221	Sec. 252.051. WILL DELIVERY. During the lifetime of the
5222	5222	testator, a will deposited with a county clerk under Subchapter A
5223	5223	may be delivered only to:
5224	5224	(1) the testator; or
5225	5225	(2) another person authorized by the testator by a
5226	5226	sworn written order. (Tex. Prob. Code, Sec. 71(d) (part).)
5227	5227	Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT;
5228	5228	EXCEPTION. (a) Except as provided by Subsection (b), on delivery
5229	5229	of a will to the testator or a person authorized by the testator
5230	5230	under Section 252.051, the certificate of deposit issued for the
5231	5231	will must be surrendered by the person to whom delivery of the will
5232	5232	is made.
5233	5233	(b) A county clerk may instead accept and file an affidavit
5234	5234	by the testator stating that the certificate of deposit issued for
5235	5235	the will has been lost, stolen, or destroyed. (Tex. Prob. Code,
5236	5236	Sec. 71(d) (part).)
5237	5237	[Sections 252.053-252.100 reserved for expansion]
5238	5238	SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR
5239	5239	Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk
5240	5240	shall notify, by registered mail, return receipt requested, each
5241	5241	person named on the endorsement of the will wrapper that the will is
5242	5242	on deposit in the clerk's office if:
5243	5243	(1) an affidavit is submitted to the clerk stating
5244	5244	that the testator has died; or
5245	5245	(2) the clerk receives other notice or proof of the
5246	5246	testator's death sufficient to convince the clerk that the testator
5247	5247	has died. (Tex. Prob. Code, Sec. 71(e) (part).)
5248	5248	Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH. On the
5249	5249	request of one or more persons notified under Section 252.101, the
5250	5250	county clerk shall deliver the will that is the subject of the
5251	5251	notice to the person or persons. The clerk shall obtain a receipt
5252	5252	for delivery of the will. (Tex. Prob. Code, Sec. 71(e) (part).)
5253	5253	Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK. A county
5254	5254	clerk shall open a will wrapper and inspect the will if:
5255	5255	(1) the notice required by Section 252.101 is returned
5256	5256	as undelivered; or
5257	5257	(2) the clerk has accepted for deposit a will that does
5258	5258	not specify on the will wrapper the person to whom the will is to be
5259	5259	delivered on the testator's death. (Tex. Prob. Code, Sec. 71(e)
5260	5260	(part).)
5261	5261	Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a
5262	5262	county clerk inspects a will under Section 252.103 and the will
5263	5263	names an executor, the clerk shall:
5264	5264	(1) notify the person named as executor, by registered
5265	5265	mail, return receipt requested, that the will is on deposit with the
5266	5266	clerk; and
5267	5267	(2) deliver, on request, the will to the person named
5268	5268	as executor. (Tex. Prob. Code, Sec. 71(e) (part).)
5269	5269	Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES. (a)
5270	5270	If a county clerk inspects a will under Section 252.103, the clerk
5271	5271	shall notify by registered mail, return receipt requested, the
5272	5272	devisees named in the will that the will is on deposit with the
5273	5273	clerk if:
5274	5274	(1) the will does not name an executor;
5275	5275	(2) the person named as executor in the will:
5276	5276	(A) has died; or
5277	5277	(B) fails to take the will before the 31st day
5278	5278	after the date the notice required by Section 252.104 is mailed to
5279	5279	the person; or
5280	5280	(3) the notice mailed to the person named as executor
5281	5281	is returned as undelivered.
5282	5282	(b) On request, the county clerk shall deliver the will to
5283	5283	any or all of the devisees notified under Subsection (a). (Tex.
5284	5284	Prob. Code, Sec. 71(e) (part).)
5285	5285	[Sections 252.106-252.150 reserved for expansion]
5286	5286	SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT
5287	5287	Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE. The
5288	5288	provisions of Subchapter A providing for the deposit of a will with
5289	5289	a county clerk during the lifetime of a testator are solely for the
5290	5290	purpose of providing a safe and convenient repository for a will.
5291	5291	For purposes of probate, a will deposited as provided by Subchapter
5292	5292	A may not be treated differently than a will that has not been
5293	5293	deposited. (Tex. Prob. Code, Sec. 71(f) (part).)
5294	5294	Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO LATER
5295	5295	WILL. A will that is not deposited as provided by Subchapter A
5296	5296	shall be admitted to probate on proof that the will is the last will
5297	5297	and testament of the testator, notwithstanding the fact that the
5298	5298	testator has a prior will that has been deposited in accordance with
5299	5299	Subchapter A. (Tex. Prob. Code, Sec. 71(f) (part).)
5300	5300	Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE. The
5301	5301	deposit of a will as provided by Subchapter A does not constitute
5302	5302	notice, constructive or otherwise, to any person as to the
5303	5303	existence or the contents of the will. (Tex. Prob. Code, Sec.
5304	5304	71(g).)
5305	5305	[Sections 252.154-252.200 reserved for expansion]
5306	5306	SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS
5307	5307	Sec. 252.201. WILL DELIVERY. On receiving notice of a
5308	5308	testator's death, the person who has custody of the testator's will
5309	5309	shall deliver the will to the clerk of the court that has
5310	5310	jurisdiction of the testator's estate. (Tex. Prob. Code, Sec. 75
5311	5311	(part).)
5312	5312	Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE
5313	5313	PAPERS. On a sworn written complaint that a person has custody of
5314	5314	the last will of a testator or any papers belonging to the estate of
5315	5315	a testator or intestate, the judge of the court that has
5316	5316	jurisdiction of the estate shall have the person cited by personal
5317	5317	service to appear and show cause why the person should not deliver:
5318	5318	(1) the will to the court for probate; or
5319	5319	(2) the papers to the executor or administrator.
5320	5320	(Tex. Prob. Code, Sec. 75 (part).)
5321	5321	Sec. 252.203. ARREST; CONFINEMENT. On the return of a
5322	5322	citation served under Section 252.202, if the judge is satisfied
5323	5323	that the person served with the citation had custody of the will or
5324	5324	papers at the time the complaint under that section was filed and
5325	5325	the person does not deliver the will or papers or show good cause
5326	5326	why the will or papers have not been delivered, the judge may have
5327	5327	the person arrested and confined until the person delivers the will
5328	5328	or papers. (Tex. Prob. Code, Sec. 75 (part).)
5329	5329	Sec. 252.204. DAMAGES. (a) A person who refuses to deliver
5330	5330	a will or papers described by Section 252.202 is liable to any
5331	5331	person aggrieved by the refusal for all damages sustained as a
5332	5332	result of the refusal.
5333	5333	(b) Damages may be recovered under this section in any court
5334	5334	of competent jurisdiction. (Tex. Prob. Code, Sec. 75 (part).)
5335	5335	CHAPTER 253. CHANGE AND REVOCATION OF WILLS
5336	5336	Sec. 253.001. COURT MAY NOT PROHIBIT CHANGING A WILL
5337	5337	Sec. 253.002. REVOCATION OF WILL
5338	5338	CHAPTER 253. CHANGE AND REVOCATION OF WILLS
5339	5339	Sec. 253.001. COURT MAY NOT PROHIBIT CHANGING A WILL. (a)
5340	5340	Notwithstanding Section 22.007(a), in this section, "court" means a
5341	5341	constitutional county court, district court, or statutory county
5342	5342	court, including a statutory probate court.
5343	5343	(b) A court may not prohibit a person from executing a new
5344	5344	will or a codicil to an existing will. (Tex. Prob. Code, Sec. 69A.)
5345	5345	Sec. 253.002. REVOCATION OF WILL. A written will, or a
5346	5346	clause or devise in a written will, may not be revoked, except by a
5347	5347	subsequent will, codicil, or declaration in writing that is
5348	5348	executed with like formalities, or by the testator destroying or
5349	5349	canceling the same, or causing it to be destroyed or canceled in the
5350	5350	testator's presence. (Tex. Prob. Code, Sec. 63.)
5351	5351	CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS RELATING TO, WILLS
5352	5352	RELATING TO, WILLS
5353	5353	Sec. 254.001. DEVISES TO TRUSTEES
5354	5354	Sec. 254.002. BEQUESTS TO CERTAIN SUBSCRIBING
5355	5355	WITNESSES
5356	5356	Sec. 254.003. DEVISES TO CERTAIN ATTORNEYS AND OTHER
5357	5357	PERSONS
5358	5358	Sec. 254.004. CONTRACTS CONCERNING WILLS OR DEVISES;
5359	5359	JOINT OR RECIPROCAL WILLS
5360	5360	CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS
5361	5361	RELATING TO, WILLS
5362	5362	Sec. 254.001. DEVISES TO TRUSTEES. (a) A testator may
5363	5363	validly devise property in a will to the trustee of a trust
5364	5364	established or to be established:
5365	5365	(1) during the testator's lifetime by the testator,
5366	5366	the testator and another person, or another person, including a
5367	5367	funded or unfunded life insurance trust in which the settlor has
5368	5368	reserved any or all rights of ownership of the insurance contracts;
5369	5369	or
5370	5370	(2) at the testator's death by the testator's devise to
5371	5371	the trustee, regardless of the existence, size, or character of the
5372	5372	corpus of the trust, if:
5373	5373	(A) the trust is identified in the testator's
5374	5374	will; and
5375	5375	(B) the terms of the trust are in:
5376	5376	(i) a written instrument, other than a
5377	5377	will, executed before, with, or after the execution of the
5378	5378	testator's will; or
5379	5379	(ii) another person's will if that person
5380	5380	predeceased the testator.
5381	5381	(b) A devise under Subsection (a) is not invalid because the
5382	5382	trust:
5383	5383	(1) is amendable or revocable; or
5384	5384	(2) was amended after the execution of the will or the
5385	5385	testator's death.
5386	5386	(c) Unless the testator's will provides otherwise, property
5387	5387	devised to a trust described by Subsection (a) is not held under a
5388	5388	testamentary trust of the testator. The property:
5389	5389	(1) becomes part of the trust to which the property is
5390	5390	devised; and
5391	5391	(2) must be administered and disposed of according to
5392	5392	the provisions of the instrument establishing the trust, including
5393	5393	any amendment to the instrument made before or after the testator's
5394	5394	death.
5395	5395	(d) Unless the testator's will provides otherwise, a
5396	5396	revocation or termination of the trust before the testator's death
5397	5397	causes the devise to lapse. (Tex. Prob. Code, Sec. 58a.)
5398	5398	Sec. 254.002. BEQUESTS TO CERTAIN SUBSCRIBING WITNESSES.
5399	5399	(a) Except as provided by Subsection (c), if a devisee under a will
5400	5400	is also a subscribing witness to the will and the will cannot be
5401	5401	otherwise established:
5402	5402	(1) the bequest is void; and
5403	5403	(2) the subscribing witness shall be allowed and
5404	5404	compelled to appear and give the witness's testimony in the same
5405	5405	manner as if the bequest to the witness had not been made.
5406	5406	(b) Notwithstanding Subsection (a), if the subscribing
5407	5407	witness described by that subsection would have been entitled to a
5408	5408	share of the testator's estate had the testator died intestate, the
5409	5409	witness is entitled to as much of that share as does not exceed the
5410	5410	value of the bequest to the witness under the will.
5411	5411	(c) If the testimony of a subscribing witness described by
5412	5412	Subsection (a) proving the will is corroborated by at least one
5413	5413	disinterested and credible person who testifies that the
5414	5414	subscribing witness's testimony is true and correct:
5415	5415	(1) the bequest to the subscribing witness is not void
5416	5416	under Subsection (a); and
5417	5417	(2) the subscribing witness is not regarded as an
5418	5418	incompetent or noncredible witness under Subchapters B and C,
5419	5419	Chapter 251. (Tex. Prob. Code, Secs. 61, 62.)
5420	5420	Sec. 254.003. DEVISES TO CERTAIN ATTORNEYS AND OTHER
5421	5421	PERSONS. (a) A devise of property in a will is void if the devise
5422	5422	is made to:
5423	5423	(1) an attorney who prepares or supervises the
5424	5424	preparation of the will;
5425	5425	(2) a parent, descendant of a parent, or employee of
5426	5426	the attorney described by Subdivision (1); or
5427	5427	(3) the spouse of a person described by Subdivision
5428	5428	(1) or (2).
5429	5429	(b) This section does not apply to:
5430	5430	(1) a devise made to a person who:
5431	5431	(A) is the testator's spouse;
5432	5432	(B) is an ascendant or descendant of the
5433	5433	testator; or
5434	5434	(C) is related within the third degree by
5435	5435	consanguinity or affinity to the testator; or
5436	5436	(2) a bona fide purchaser for value from a devisee in a
5437	5437	will. (Tex. Prob. Code, Sec. 58b.)
5438	5438	Sec. 254.004. CONTRACTS CONCERNING WILLS OR DEVISES; JOINT
5439	5439	OR RECIPROCAL WILLS. (a) A contract executed or entered into on or
5440	5440	after September 1, 1979, to make a will or devise, or not to revoke a
5441	5441	will or devise, may be established only by:
5442	5442	(1) a written agreement that is binding and
5443	5443	enforceable; or
5444	5444	(2) a will stating:
5445	5445	(A) that a contract exists; and
5446	5446	(B) the material provisions of the contract.
5447	5447	(b) The execution of a joint will or reciprocal wills does
5448	5448	not constitute by itself sufficient evidence of the existence of a
5449	5449	contract. (Tex. Prob. Code, Sec. 59A.)
5450	5450	CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
5451	5451	SUBCHAPTER A. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OR LEGACY
5452	5452	LEGACY
5453	5453	Sec. 255.001. DEFINITIONS
5454	5454	Sec. 255.002. CERTAIN PERSONAL PROPERTY EXCLUDED FROM
5455	5455	DEVISE OF REAL PROPERTY
5456	5456	Sec. 255.003. CONTENTS EXCLUDED FROM LEGACY OF
5457	5457	PERSONAL PROPERTY
5458	5458	[Sections 255.004-255.050 reserved for expansion]
5459	5459	SUBCHAPTER B. SUCCESSION BY PRETERMITTED CHILD
5460	5460	Sec. 255.051. DEFINITION
5461	5461	Sec. 255.052. APPLICABILITY AND CONSTRUCTION
5462	5462	Sec. 255.053. SUCCESSION BY PRETERMITTED CHILD IF
5463	5463	EXECUTION
5464	5464	Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF
5465	5465	EXECUTION
5466	5466	Sec. 255.055. RATABLE RECOVERY BY PRETERMITTED CHILD
5467	5467	BENEFICIARIES
5468	5468	[Sections 255.056-255.100 reserved for expansion]
5469	5469	SUBCHAPTER C. LIFETIME GIFTS AS SATISFACTION OF DEVISE
5470	5470	Sec. 255.101. CERTAIN LIFETIME GIFTS CONSIDERED
5471	5471	SATISFACTION OF DEVISE
5472	5472	Sec. 255.102. VALUATION OF PROPERTY
5473	5473	[Sections 255.103-255.150 reserved for expansion]
5474	5474	SUBCHAPTER D. FAILURE OF DEVISE; DISPOSITION OF PROPERTY TO DEVISEE WHO PREDECEASES TESTATOR
5475	5475	DEVISEE WHO PREDECEASES TESTATOR
5476	5476	Sec. 255.151. APPLICABILITY OF SUBCHAPTER
5477	5477	Sec. 255.152. FAILURE OF DEVISE; EFFECT ON RESIDUARY
5478	5478	ESTATE
5479	5479	Sec. 255.153. DISPOSITION OF PROPERTY TO CERTAIN
5480	5480	DEVISEES WHO PREDECEASE TESTATOR
5481	5481	Sec. 255.154. DEVISEE UNDER CLASS GIFT
5482	5482	[Sections 255.155-255.200 reserved for expansion]
5483	5483	SUBCHAPTER E. WILL PROVISION FOR MANAGEMENT OF SEPARATE PROPERTY BY SURVIVING SPOUSE
5484	5484	BY SURVIVING SPOUSE
5485	5485	Sec. 255.201. MANAGEMENT OF SEPARATE PROPERTY BY
5486	5486	SURVIVING SPOUSE
5487	5487	[Sections 255.202-255.250 reserved for expansion]
5488	5488	SUBCHAPTER F. DEVISE OF SECURITIES
5489	5489	Sec. 255.251. DEFINITIONS
5490	5490	Sec. 255.252. INCREASE IN SECURITIES; ACCESSIONS
5491	5491	Sec. 255.253. CASH DISTRIBUTION NOT INCLUDED IN DEVISE
5492	5492	[Sections 255.254-255.300 reserved for expansion]
5493	5493	SUBCHAPTER G. EXONERATION OF DEBTS SECURED BY SPECIFIC DEVISES
5494	5494	Sec. 255.301. NO RIGHT TO EXONERATION OF DEBTS
5495	5495	Sec. 255.302. EXCEPTION
5496	5496	Sec. 255.303. RIGHTS OF CERTAIN CREDITORS AND OTHER
5497	5497	PERSONS
5498	5498	[Sections 255.304-255.350 reserved for expansion]
5499	5499	SUBCHAPTER H. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL
5500	5500	Sec. 255.351. EXERCISE OF POWER OF APPOINTMENT THROUGH
5501	5501	WILL
5502	5502	CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
5503	5503	SUBCHAPTER A. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OR
5504	5504	LEGACY
5505	5505	Sec. 255.001. DEFINITIONS. In this subchapter:
5506	5506	(1) "Contents" means tangible personal property,
5507	5507	other than titled personal property, found inside of or on a
5508	5508	specifically devised item. The term includes clothing, pictures,
5509	5509	furniture, coin collections, and other items of tangible personal
5510	5510	property that:
5511	5511	(A) do not require a formal transfer of title;
5512	5512	and
5513	5513	(B) are located in another item of tangible
5514	5514	personal property such as a cedar chest or other furniture.
5515	5515	(2) "Titled personal property" includes all tangible
5516	5516	personal property represented by a certificate of title,
5517	5517	certificate of ownership, written label, marking, or designation
5518	5518	that signifies ownership by a person. The term includes a motor
5519	5519	vehicle, motor home, motorboat, or other similar property that
5520	5520	requires a formal transfer of title. (Tex. Prob. Code, Sec. 58(d).)
5521	5521	Sec. 255.002. CERTAIN PERSONAL PROPERTY EXCLUDED FROM
5522	5522	DEVISE OF REAL PROPERTY. A devise of real property does not include
5523	5523	any personal property located on, or associated with, the real
5524	5524	property or any contents of personal property located on the real
5525	5525	property unless the will directs that the personal property or
5526	5526	contents are included in the devise. (Tex. Prob. Code, Sec. 58(c)
5527	5527	(part).)
5528	5528	Sec. 255.003. CONTENTS EXCLUDED FROM LEGACY OF PERSONAL
5529	5529	PROPERTY. A legacy of personal property does not include any
5530	5530	contents of the property unless the will directs that the contents
5531	5531	are included in the legacy. (Tex. Prob. Code, Sec. 58(c) (part).)
5532	5532	[Sections 255.004-255.050 reserved for expansion]
5533	5533	SUBCHAPTER B. SUCCESSION BY PRETERMITTED CHILD
5534	5534	Sec. 255.051. DEFINITION. In this subchapter,
5535	5535	"pretermitted child" means a testator's child who is born or
5536	5536	adopted:
5537	5537	(1) during the testator's lifetime or after the
5538	5538	testator's death; and
5539	5539	(2) after the execution of the testator's will. (Tex.
5540	5540	Prob. Code, Sec. 67(c).)
5541	5541	Sec. 255.052. APPLICABILITY AND CONSTRUCTION. (a)
5542	5542	Sections 255.053 and 255.054 apply only to a pretermitted child who
5543	5543	is not:
5544	5544	(1) mentioned in the testator's will;
5545	5545	(2) provided for in the testator's will; or
5546	5546	(3) otherwise provided for by the testator.
5547	5547	(b) For purposes of this subchapter, a child is provided for
5548	5548	or a provision is made for a child if a disposition of property to or
5549	5549	for the benefit of the pretermitted child, whether vested or
5550	5550	contingent, is made:
5551	5551	(1) in the testator's will, including a devise to a
5552	5552	trustee under Section 254.001; or
5553	5553	(2) outside the testator's will and is intended to take
5554	5554	effect at the testator's death. (Tex. Prob. Code, Secs. 67(a)
5555	5555	(part), (d).)
5556	5556	Sec. 255.053. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR
5557	5557	HAS LIVING CHILD AT WILL'S EXECUTION. (a) If no provision is made
5558	5558	in the testator's last will for any child of the testator who is
5559	5559	living when the testator executes the will, a pretermitted child
5560	5560	succeeds to the portion of the testator's separate and community
5561	5561	estate, other than any portion of the estate devised to the
5562	5562	pretermitted child's other parent, to which the pretermitted child
5563	5563	would have been entitled under Section 201.001 if the testator had
5564	5564	died intestate without a surviving spouse.
5565	5565	(b) If a provision, whether vested or contingent, is made in
5566	5566	the testator's last will for one or more children of the testator
5567	5567	who are living when the testator executes the will, a pretermitted
5568	5568	child is entitled only to a portion of the disposition made to
5569	5569	children under the will that is equal to the portion the child would
5570	5570	have received if the testator had:
5571	5571	(1) included all of the testator's pretermitted
5572	5572	children with the children on whom benefits were conferred under
5573	5573	the will; and
5574	5574	(2) given an equal share of those benefits to each
5575	5575	child.
5576	5576	(c) To the extent feasible, the interest in the testator's
5577	5577	estate to which the pretermitted child is entitled under Subsection
5578	5578	(b) must be of the same character, whether an equitable or legal
5579	5579	life estate or in fee, as the interest that the testator conferred
5580	5580	on the testator's children under the will. (Tex. Prob. Code, Sec.
5581	5581	67(a)(1).)
5582	5582	Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR
5583	5583	HAS NO LIVING CHILD AT WILL'S EXECUTION. If a testator has no child
5584	5584	living when the testator executes the testator's last will, a
5585	5585	pretermitted child succeeds to the portion of the testator's
5586	5586	separate and community estate, other than any portion of the estate
5587	5587	devised to the pretermitted child's other parent, to which the
5588	5588	pretermitted child would have been entitled under Section 201.001
5589	5589	if the testator had died intestate without a surviving spouse.
5590	5590	(Tex. Prob. Code, Sec. 67(a)(2).)
5591	5591	Sec. 255.055. RATABLE RECOVERY BY PRETERMITTED CHILD FROM
5592	5592	PORTIONS PASSING TO OTHER BENEFICIARIES. (a) A pretermitted child
5593	5593	may recover the share of the testator's estate to which the child is
5594	5594	entitled from the testator's other children under Section
5595	5595	255.053(b) or from the testamentary beneficiaries under Sections
5596	5596	255.053(a) and 255.054, other than the pretermitted child's other
5597	5597	parent, ratably, out of the portions of the estate passing to those
5598	5598	persons under the will.
5599	5599	(b) In abating the interests of the beneficiaries described
5600	5600	by Subsection (a), the character of the testamentary plan adopted
5601	5601	by the testator must be preserved to the maximum extent possible.
5602	5602	(Tex. Prob. Code, Sec. 67(b).)
5603	5603	[Sections 255.056-255.100 reserved for expansion]
5604	5604	SUBCHAPTER C. LIFETIME GIFTS AS SATISFACTION OF DEVISE
5605	5605	Sec. 255.101. CERTAIN LIFETIME GIFTS CONSIDERED
5606	5606	SATISFACTION OF DEVISE. Property that a testator gives to a person
5607	5607	during the testator's lifetime is considered a satisfaction, either
5608	5608	wholly or partly, of a devise to the person if:
5609	5609	(1) the testator's will provides for deduction of the
5610	5610	lifetime gift from the devise;
5611	5611	(2) the testator declares in a contemporaneous writing
5612	5612	that the lifetime gift is to be deducted from, or is in satisfaction
5613	5613	of, the devise; or
5614	5614	(3) the devisee acknowledges in writing that the
5615	5615	lifetime gift is in satisfaction of the devise. (Tex. Prob. Code,
5616	5616	Sec. 37C(a).)
5617	5617	Sec. 255.102. VALUATION OF PROPERTY. Property given in
5618	5618	partial satisfaction of a devise shall be valued as of the earlier
5619	5619	of:
5620	5620	(1) the date the devisee acquires possession of or
5621	5621	enjoys the property; or
5622	5622	(2) the date of the testator's death. (Tex. Prob.
5623	5623	Code, Sec. 37C(b).)
5624	5624	[Sections 255.103-255.150 reserved for expansion]
5625	5625	SUBCHAPTER D. FAILURE OF DEVISE; DISPOSITION OF PROPERTY TO
5626	5626	DEVISEE WHO PREDECEASES TESTATOR
5627	5627	Sec. 255.151. APPLICABILITY OF SUBCHAPTER. This subchapter
5628	5628	applies unless the testator's last will and testament provides
5629	5629	otherwise. For example, a devise in the testator's will stating "to
5630	5630	my surviving children" or "to such of my children as shall survive
5631	5631	me" prevents the application of Sections 255.153 and 255.154.
5632	5632	(Tex. Prob. Code, Sec. 68(e).)
5633	5633	Sec. 255.152. FAILURE OF DEVISE; EFFECT ON RESIDUARY
5634	5634	ESTATE. (a) Except as provided by Sections 255.153 and 255.154, if
5635	5635	a devise, other than a residuary devise, fails for any reason, the
5636	5636	devise becomes a part of the residuary estate.
5637	5637	(b) Except as provided by Sections 255.153 and 255.154, if
5638	5638	the residuary estate is devised to two or more persons and the share
5639	5639	of one of the residuary devisees fails for any reason, that
5640	5640	residuary devisee's share passes to the other residuary devisees,
5641	5641	in proportion to the residuary devisee's interest in the residuary
5642	5642	estate.
5643	5643	(c) Except as provided by Sections 255.153 and 255.154, the
5644	5644	residuary estate passes as if the testator had died intestate if all
5645	5645	residuary devisees:
5646	5646	(1) are deceased at the time the testator's will is
5647	5647	executed;
5648	5648	(2) fail to survive the testator; or
5649	5649	(3) are treated as if the residuary devisees
5650	5650	predeceased the testator. (Tex. Prob. Code, Secs. 68(b), (c), (d).)
5651	5651	Sec. 255.153. DISPOSITION OF PROPERTY TO CERTAIN DEVISEES
5652	5652	WHO PREDECEASE TESTATOR. (a) If a devisee who is a descendant of
5653	5653	the testator or a descendant of a testator's parent is deceased at
5654	5654	the time the will is executed, fails to survive the testator, or is
5655	5655	treated as if the devisee predeceased the testator by Chapter 121 or
5656	5656	otherwise, the descendants of the devisee who survived the testator
5657	5657	by 120 hours take the devised property in place of the devisee.
5658	5658	(b) Devised property to which Subsection (a) applies shall
5659	5659	be divided into the number of shares equal to the total number of
5660	5660	surviving descendants in the nearest degree of kinship to the
5661	5661	devisee and deceased persons in the same degree of kinship to the
5662	5662	devisee whose descendants survived the testator. Each surviving
5663	5663	descendant in the nearest degree of kinship to the devisee receives
5664	5664	one share, and the share of each deceased person in the same degree
5665	5665	of kinship to the devisee whose descendants survived the testator
5666	5666	is divided among the descendants by representation. (Tex. Prob.
5667	5667	Code, Sec. 68(a) (part).)
5668	5668	Sec. 255.154. DEVISEE UNDER CLASS GIFT. For purposes of
5669	5669	this subchapter, a person who would have been a devisee under a
5670	5670	class gift if the person had survived the testator is treated as a
5671	5671	devisee unless the person died before the date the will was
5672	5672	executed. (Tex. Prob. Code, Sec. 68(a) (part).)
5673	5673	[Sections 255.155-255.200 reserved for expansion]
5674	5674	SUBCHAPTER E. WILL PROVISION FOR MANAGEMENT OF SEPARATE PROPERTY
5675	5675	BY SURVIVING SPOUSE
5676	5676	Sec. 255.201. MANAGEMENT OF SEPARATE PROPERTY BY SURVIVING
5677	5677	SPOUSE. (a) Subject to Subsection (b) and any other restrictions
5678	5678	imposed by the will, a spouse by last will and testament may give to
5679	5679	the survivor of the marriage the power to:
5680	5680	(1) keep the testator's separate property together
5681	5681	until each distributee becomes of legal age; and
5682	5682	(2) manage and control the separate property under the
5683	5683	provisions of law relating to community property.
5684	5684	(b) A child or distributee entitled to any portion of the
5685	5685	separate property described by Subsection (a) is entitled to
5686	5686	receive the child's or distributee's distributive portion of the
5687	5687	estate at any time after the child or distributee becomes of legal
5688	5688	age. (Tex. Prob. Code, Sec. 70.)
5689	5689	[Sections 255.202-255.250 reserved for expansion]
5690	5690	SUBCHAPTER F. DEVISE OF SECURITIES
5691	5691	Sec. 255.251. DEFINITIONS. In this subchapter:
5692	5692	(1) "Securities" has the meaning assigned by Section
5693	5693	4, The Securities Act (Article 581-4, Vernon's Texas Civil
5694	5694	Statutes).
5695	5695	(2) "Stock" means securities. (Tex. Prob. Code, Sec.
5696	5696	70A(c).)
5697	5697	Sec. 255.252. INCREASE IN SECURITIES; ACCESSIONS. Unless
5698	5698	the will of a testator clearly provides otherwise, a devise of
5699	5699	securities that are owned by the testator on the date the will is
5700	5700	executed includes the following additional securities subsequently
5701	5701	acquired by the testator as a result of the testator's ownership of
5702	5702	the devised securities:
5703	5703	(1) securities of the same organization acquired
5704	5704	because of an action initiated by the organization or any
5705	5705	successor, related, or acquiring organization, including stock
5706	5706	splits, stock dividends, and new issues of stock acquired in a
5707	5707	reorganization, redemption, or exchange, other than securities
5708	5708	acquired through the exercise of purchase options or through a plan
5709	5709	of reinvestment; and
5710	5710	(2) securities of another organization acquired as a
5711	5711	result of a merger, consolidation, reorganization, or other
5712	5712	distribution by the organization or any successor, related, or
5713	5713	acquiring organization, including stock splits, stock dividends,
5714	5714	and new issues of stock acquired in a reorganization, redemption,
5715	5715	or exchange, other than securities acquired through the exercise of
5716	5716	purchase options or through a plan of reinvestment. (Tex. Prob.
5717	5717	Code, Sec. 70A(a).)
5718	5718	Sec. 255.253. CASH DISTRIBUTION NOT INCLUDED IN DEVISE.
5719	5719	Unless the will of a testator clearly provides otherwise, a devise
5720	5720	of securities does not include a cash distribution relating to the
5721	5721	securities that accrues before the testator's death, regardless of
5722	5722	whether the distribution is paid before the testator's death.
5723	5723	(Tex. Prob. Code, Sec. 70A(b).)
5724	5724	[Sections 255.254-255.300 reserved for expansion]
5725	5725	SUBCHAPTER G. EXONERATION OF DEBTS SECURED BY SPECIFIC DEVISES
5726	5726	Sec. 255.301. NO RIGHT TO EXONERATION OF DEBTS. Except as
5727	5727	provided by Section 255.302, a specific devise passes to the
5728	5728	devisee subject to each debt secured by the property that exists on
5729	5729	the date of the testator's death, and the devisee is not entitled to
5730	5730	exoneration from the testator's estate for payment of the debt.
5731	5731	(Tex. Prob. Code, Sec. 71A(a).)
5732	5732	Sec. 255.302. EXCEPTION. A specific devise does not pass to
5733	5733	the devisee subject to a debt described by Section 255.301 if the
5734	5734	will in which the devise is made specifically states that the devise
5735	5735	passes without being subject to the debt. A general provision in
5736	5736	the will stating that debts are to be paid is not a specific
5737	5737	statement for purposes of this section. (Tex. Prob. Code, Sec.
5738	5738	71A(b).)
5739	5739	Sec. 255.303. RIGHTS OF CERTAIN CREDITORS AND OTHER
5740	5740	PERSONS. (a) Section 255.301 does not affect the rights of
5741	5741	creditors provided under this title or the rights of other persons
5742	5742	or entities provided under Chapters 102 and 353.
5743	5743	(b) A debt described by Section 255.301 that a creditor
5744	5744	elects to have allowed and approved as a matured secured claim shall
5745	5745	be paid in accordance with Sections 355.153(b), (c), (d), and (e).
5746	5746	(Tex. Prob. Code, Sec. 71A(c).)
5747	5747	[Sections 255.304-255.350 reserved for expansion]
5748	5748	SUBCHAPTER H. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL
5749	5749	Sec. 255.351. EXERCISE OF POWER OF APPOINTMENT THROUGH
5750	5750	WILL. A testator may not exercise a power of appointment through a
5751	5751	residuary clause in the testator's will or through a will providing
5752	5752	for general disposition of all of the testator's property unless:
5753	5753	(1) the testator makes a specific reference to the
5754	5754	power in the will; or
5755	5755	(2) there is some other indication in writing that the
5756	5756	testator intended to include the property subject to the power in
5757	5757	the will. (Tex. Prob. Code, Sec. 58c.)
5758	5758	CHAPTER 256. PROBATE OF WILLS GENERALLY
5759	5759	SUBCHAPTER A. EFFECTIVENESS OF WILL; PERIOD FOR PROBATE
5760	5760	Sec. 256.001. WILL NOT EFFECTIVE UNTIL PROBATED
5761	5761	Sec. 256.002. PROBATE BEFORE DEATH VOID
5762	5762	Sec. 256.003. PERIOD FOR ADMITTING WILL TO PROBATE;
5763	5763	PROTECTION FOR CERTAIN PURCHASERS
5764	5764	[Sections 256.004-256.050 reserved for expansion]
5765	5765	SUBCHAPTER B. APPLICATION REQUIREMENTS
5766	5766	Sec. 256.051. ELIGIBLE APPLICANTS FOR PROBATE OF WILL
5767	5767	Sec. 256.052. CONTENTS OF APPLICATION FOR PROBATE OF
5768	5768	WRITTEN WILL GENERALLY
5769	5769	Sec. 256.053. FILING OF WRITTEN WILL WITH APPLICATION
5770	5770	FOR PROBATE GENERALLY REQUIRED
5771	5771	Sec. 256.054. ADDITIONAL APPLICATION REQUIREMENTS WHEN
5772	5772	NO WRITTEN WILL IS PRODUCED
5773	5773	[Sections 256.055-256.100 reserved for expansion]
5774	5774	SUBCHAPTER C. PROCEDURES FOR SECOND APPLICATION
5775	5775	Sec. 256.101. PROCEDURE ON FILING OF SECOND
5776	5776	HAS NOT BEEN HEARD
5777	5777	Sec. 256.102. PROCEDURE ON FILING OF SECOND
5778	5778	WILL HAS BEEN ADMITTED
5779	5779	Sec. 256.103. PROCEDURE WHEN APPLICATION FOR PROBATE
5780	5780	ADMINISTRATION HAVE BEEN GRANTED
5781	5781	[Sections 256.104-256.150 reserved for expansion]
5782	5782	SUBCHAPTER D. REQUIRED PROOF FOR PROBATE OF WILL
5783	5783	Sec. 256.151. GENERAL PROOF REQUIREMENTS
5784	5784	Sec. 256.152. ADDITIONAL PROOF REQUIRED FOR PROBATE OF
5785	5785	WILL
5786	5786	Sec. 256.153. AUTHORIZED METHODS OF PROVING ATTESTED
5787	5787	WRITTEN WILL
5788	5788	Sec. 256.154. AUTHORIZED METHODS OF PROVING
5789	5789	HOLOGRAPHIC WILL
5790	5790	Sec. 256.155. PROCEDURES FOR DEPOSITIONS WHEN NO
5791	5791	CONTEST IS FILED
5792	5792	Sec. 256.156. PROOF OF WRITTEN WILL NOT PRODUCED IN
5793	5793	COURT
5794	5794	Sec. 256.157. TESTIMONY REGARDING PROBATE TO BE
5795	5795	COMMITTED TO WRITING
5796	5796	[Sections 256.158-256.200 reserved for expansion]
5797	5797	SUBCHAPTER E. ADMISSION OF WILL TO, AND PROCEDURES FOLLOWING, PROBATE
5798	5798	PROBATE
5799	5799	Sec. 256.201. ADMISSION OF WILL TO PROBATE
5800	5800	Sec. 256.202. CUSTODY OF PROBATED WILL
5801	5801	Sec. 256.203. ESTABLISHING CONTENTS OF WILL NOT IN
5802	5802	COURT'S CUSTODY
5803	5803	Sec. 256.204. PERIOD FOR CONTEST
5804	5804	CHAPTER 256. PROBATE OF WILLS GENERALLY
5805	5805	SUBCHAPTER A. EFFECTIVENESS OF WILL; PERIOD FOR PROBATE
5806	5806	Sec. 256.001. WILL NOT EFFECTIVE UNTIL PROBATED. Except as
5807	5807	provided by Subtitle K with respect to foreign wills, a will is not
5808	5808	effective to prove title to, or the right to possession of, any
5809	5809	property disposed of by the will until the will is admitted to
5810	5810	probate. (Tex. Prob. Code, Sec. 94.)
5811	5811	Sec. 256.002. PROBATE BEFORE DEATH VOID. The probate of a
5812	5812	will of a living person is void. (Tex. Prob. Code, Sec. 72(a)
5813	5813	(part).)
5814	5814	Sec. 256.003. PERIOD FOR ADMITTING WILL TO PROBATE;
5815	5815	PROTECTION FOR CERTAIN PURCHASERS. (a) A will may not be admitted
5816	5816	to probate after the fourth anniversary of the testator's death
5817	5817	unless it is shown by proof that the applicant for the probate of
5818	5818	the will was not in default in failing to present the will for
5819	5819	probate on or before the fourth anniversary of the testator's
5820	5820	death.
5821	5821	(b) Letters testamentary may not be issued if a will is
5822	5822	admitted to probate after the fourth anniversary of the testator's
5823	5823	death.
5824	5824	(c) A person who for value, in good faith, and without
5825	5825	knowledge of the existence of a will purchases property from a
5826	5826	decedent's heirs after the fourth anniversary of the decedent's
5827	5827	death shall be held to have good title to the interest that the heir
5828	5828	or heirs would have had in the absence of a will, as against the
5829	5829	claim of any devisee under any will that is subsequently offered for
5830	5830	probate. (Tex. Prob. Code, Sec. 73.)
5831	5831	[Sections 256.004-256.050 reserved for expansion]
5832	5832	SUBCHAPTER B. APPLICATION REQUIREMENTS
5833	5833	Sec. 256.051. ELIGIBLE APPLICANTS FOR PROBATE OF WILL. (a)
5834	5834	An executor named in a will or an interested person may file an
5835	5835	application with the court for an order admitting a will to probate,
5836	5836	whether the will is:
5837	5837	(1) written or unwritten;
5838	5838	(2) in the applicant's possession or not;
5839	5839	(3) lost;
5840	5840	(4) destroyed; or
5841	5841	(5) outside of this state.
5842	5842	(b) An application for the probate of a will may be combined
5843	5843	with an application for the appointment of an executor or
5844	5844	administrator. A person interested in either the probate or the
5845	5845	appointment may apply for both. (Tex. Prob. Code, Sec. 76 (part).)
5846	5846	Sec. 256.052. CONTENTS OF APPLICATION FOR PROBATE OF
5847	5847	WRITTEN WILL GENERALLY. (a) An application for the probate of a
5848	5848	written will must state and aver the following to the extent each is
5849	5849	known to the applicant or can, with reasonable diligence, be
5850	5850	ascertained by the applicant:
5851	5851	(1) each applicant's name and domicile;
5852	5852	(2) the testator's name, domicile, and, if known, age,
5853	5853	on the date of the testator's death;
5854	5854	(3) the fact, time, and place of the testator's death;
5855	5855	(4) facts showing that the court with which the
5856	5856	application is filed has venue;
5857	5857	(5) that the testator owned property, including a
5858	5858	statement generally describing the property and the property's
5859	5859	probable value;
5860	5860	(6) the date of the will;
5861	5861	(7) the name and residence of:
5862	5862	(A) any executor named in the will or, if no
5863	5863	executor is named, of the person to whom the applicant desires that
5864	5864	letters be issued; and
5865	5865	(B) each subscribing witness to the will, if any;
5866	5866	(8) whether one or more children born to or adopted by
5867	5867	the testator after the testator executed the will survived the
5868	5868	testator and, if so, the name of each of those children;
5869	5869	(9) whether the testator was ever divorced and, if so,
5870	5870	when and from whom;
5871	5871	(10) whether the state, a governmental agency of the
5872	5872	state, or a charitable organization is named in the will as a
5873	5873	devisee; and
5874	5874	(11) that the executor named in the will, the
5875	5875	applicant, or another person to whom the applicant desires that
5876	5876	letters be issued is not disqualified by law from accepting the
5877	5877	letters.
5878	5878	(b) If an applicant does not state or aver any matter
5879	5879	required by Subsection (a) in the application, the application must
5880	5880	state the reason the matter is not stated and averred. (Tex. Prob.
5881	5881	Code, Sec. 81(a) (part).)
5882	5882	Sec. 256.053. FILING OF WRITTEN WILL WITH APPLICATION FOR
5883	5883	PROBATE GENERALLY REQUIRED. (a) An applicant for the probate of a
5884	5884	written will shall file the will with the application if the will is
5885	5885	in the applicant's control.
5886	5886	(b) A will filed under Subsection (a) must remain in the
5887	5887	custody of the county clerk unless removed from the clerk's custody
5888	5888	by a court order. (Tex. Prob. Code, Sec. 81(a) (part).)
5889	5889	Sec. 256.054. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
5890	5890	WRITTEN WILL IS PRODUCED. In addition to the requirements for an
5891	5891	application under Section 256.052, if an applicant for the probate
5892	5892	of a written will cannot produce the will in court, the application
5893	5893	must state:
5894	5894	(1) the reason the will cannot be produced;
5895	5895	(2) the contents of the will, as far as known; and
5896	5896	(3) the name, age, marital status, and address, if
5897	5897	known, and the relationship to the testator, if any, of:
5898	5898	(A) each devisee;
5899	5899	(B) each person who would inherit as an heir of
5900	5900	the testator in the absence of a valid will; and
5901	5901	(C) in the case of partial intestacy, each heir
5902	5902	of the testator. (Tex. Prob. Code, Sec. 81(b).)
5903	5903	[Sections 256.055-256.100 reserved for expansion]
5904	5904	SUBCHAPTER C. PROCEDURES FOR SECOND APPLICATION
5905	5905	Sec. 256.101. PROCEDURE ON FILING OF SECOND APPLICATION
5906	5906	WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD. If, after an
5907	5907	application for the probate of a decedent's will or the appointment
5908	5908	of a personal representative for the decedent's estate has been
5909	5909	filed but before the application is heard, an application is filed
5910	5910	for the probate of a will of the same decedent that has not
5911	5911	previously been presented for probate, the court shall:
5912	5912	(1) hear both applications together; and
5913	5913	(2) determine:
5914	5914	(A) if both applications are for the probate of a
5915	5915	will, which will should be admitted to probate, if either, or
5916	5916	whether the decedent died intestate; or
5917	5917	(B) if only one application is for the probate of
5918	5918	a will, whether the will should be admitted to probate or whether
5919	5919	the decedent died intestate. (Tex. Prob. Code, Sec. 83(a).)
5920	5920	Sec. 256.102. PROCEDURE ON FILING OF SECOND APPLICATION FOR
5921	5921	PROBATE AFTER FIRST WILL HAS BEEN ADMITTED. If, after a decedent's
5922	5922	will has been admitted to probate, an application is filed for the
5923	5923	probate of a will of the same decedent that has not previously been
5924	5924	presented for probate, the court shall determine:
5925	5925	(1) whether the former probate should be set aside;
5926	5926	and
5927	5927	(2) if the former probate is to be set aside, whether:
5928	5928	(A) the other will should be admitted to probate;
5929	5929	or
5930	5930	(B) the decedent died intestate. (Tex. Prob.
5931	5931	Code, Sec. 83(b).)
5932	5932	Sec. 256.103. PROCEDURE WHEN APPLICATION FOR PROBATE IS
5933	5933	FILED AFTER LETTERS OF ADMINISTRATION HAVE BEEN GRANTED. (a) A
5934	5934	lawful will of a decedent that is discovered after letters of
5935	5935	administration have been granted on the decedent's estate may be
5936	5936	proved in the manner provided for the proof of wills.
5937	5937	(b) The court shall allow an executor named in a will
5938	5938	described by Subsection (a) who is not disqualified to qualify and
5939	5939	accept as executor. The court shall revoke the previously granted
5940	5940	letters of administration.
5941	5941	(c) If an executor is not named in a will described by
5942	5942	Subsection (a), or if the executor named is disqualified or dead,
5943	5943	renounces the executorship, fails or is unable to accept and
5944	5944	qualify before the 21st day after the date of the probate of the
5945	5945	will, or fails to present the will for probate before the 31st day
5946	5946	after the discovery of the will, the court, as in other cases, shall
5947	5947	grant an administration with the will annexed of the testator's
5948	5948	estate.
5949	5949	(d) An act performed by the first administrator before the
5950	5950	executor described by Subsection (b) or the administrator with the
5951	5951	will annexed described by Subsection (c) qualifies is as valid as if
5952	5952	no will had been discovered. (Tex. Prob. Code, Sec. 83(c).)
5953	5953	[Sections 256.104-256.150 reserved for expansion]
5954	5954	SUBCHAPTER D. REQUIRED PROOF FOR PROBATE OF WILL
5955	5955	Sec. 256.151. GENERAL PROOF REQUIREMENTS. An applicant for
5956	5956	the probate of a will must prove to the court's satisfaction that:
5957	5957	(1) the testator is dead;
5958	5958	(2) four years have not elapsed since the date of the
5959	5959	testator's death and before the application;
5960	5960	(3) the court has jurisdiction and venue over the
5961	5961	estate;
5962	5962	(4) citation has been served and returned in the
5963	5963	manner and for the period required by this title; and
5964	5964	(5) the person for whom letters testamentary or of
5965	5965	administration are sought is entitled by law to the letters and is
5966	5966	not disqualified. (Tex. Prob. Code, Sec. 88(a) (part).)
5967	5967	Sec. 256.152. ADDITIONAL PROOF REQUIRED FOR PROBATE OF
5968	5968	WILL. (a) An applicant for the probate of a will must prove the
5969	5969	following to the court's satisfaction, in addition to the proof
5970	5970	required by Section 256.151, to obtain the probate:
5971	5971	(1) the testator did not revoke the will; and
5972	5972	(2) if the will is not self-proved as provided by this
5973	5973	title, the testator:
5974	5974	(A) executed the will with the formalities and
5975	5975	solemnities and under the circumstances required by law to make the
5976	5976	will valid; and
5977	5977	(B) at the time of executing the will, was of
5978	5978	sound mind and:
5979	5979	(i) was 18 years of age or older;
5980	5980	(ii) was or had been married; or
5981	5981	(iii) was a member of the armed forces of
5982	5982	the United States, an auxiliary of the armed forces of the United
5983	5983	States, or the United States Maritime Service.
5984	5984	(b) A will that is self-proved as provided by this title is
5985	5985	not required to have any additional proof that the will was executed
5986	5986	with the formalities and solemnities and under the circumstances
5987	5987	required to make the will valid. (Tex. Prob. Code, Secs. 84(a),
5988	5988	88(b).)
5989	5989	Sec. 256.153. AUTHORIZED METHODS OF PROVING ATTESTED
5990	5990	WRITTEN WILL. (a) An attested written will produced in court that
5991	5991	is not self-proved as provided by this title may be proved in the
5992	5992	manner provided by this section.
5993	5993	(b) A will described by Subsection (a) may be proved by the
5994	5994	sworn testimony or affidavit of one or more of the subscribing
5995	5995	witnesses to the will taken in open court.
5996	5996	(c) If all the witnesses to a will described by Subsection
5997	5997	(a) are nonresidents of the county or the witnesses who are
5998	5998	residents of the county are unable to attend court, the will may be
5999	5999	proved:
6000	6000	(1) by the sworn testimony of one or more of the
6001	6001	witnesses by written or oral deposition taken in the same manner and
6002	6002	under the same rules as depositions are taken in other civil
6003	6003	actions;
6004	6004	(2) if no opposition in writing to the will is filed on
6005	6005	or before the date set for the hearing on the will, by the sworn
6006	6006	testimony or affidavit of two witnesses taken in open court, or by
6007	6007	deposition as provided by Subdivision (1), to the signature or the
6008	6008	handwriting evidenced by the signature of:
6009	6009	(A) one or more of the attesting witnesses; or
6010	6010	(B) the testator, if the testator signed the
6011	6011	will; or
6012	6012	(3) if it is shown under oath to the court's
6013	6013	satisfaction that, after a diligent search was made, only one
6014	6014	witness can be found who can make the required proof, by the sworn
6015	6015	testimony or affidavit of that witness taken in open court, or by
6016	6016	deposition as provided by Subdivision (1), to a signature, or the
6017	6017	handwriting evidenced by a signature, described by Subdivision (2).
6018	6018	(d) If none of the witnesses to a will described by
6019	6019	Subsection (a) are living, or if each of the witnesses is a member
6020	6020	of the armed forces or the armed forces reserves of the United
6021	6021	States, an auxiliary of the armed forces or armed forces reserves,
6022	6022	or the United States Maritime Service and is beyond the court's
6023	6023	jurisdiction, the will may be proved:
6024	6024	(1) by two witnesses to the handwriting of one or both
6025	6025	of the subscribing witnesses to the will or the testator, if the
6026	6026	testator signed the will, by:
6027	6027	(A) sworn testimony or affidavit taken in open
6028	6028	court; or
6029	6029	(B) written or oral deposition taken in the same
6030	6030	manner and under the same rules as depositions are taken in other
6031	6031	civil actions; or
6032	6032	(2) if it is shown under oath to the court's
6033	6033	satisfaction that, after a diligent search was made, only one
6034	6034	witness can be found who can make the required proof, by the sworn
6035	6035	testimony or affidavit of that witness taken in open court, or by
6036	6036	deposition as provided by Subdivision (1), to a signature or the
6037	6037	handwriting described by Subdivision (1). (Tex. Prob. Code, Sec.
6038	6038	84(b).)
6039	6039	Sec. 256.154. AUTHORIZED METHODS OF PROVING HOLOGRAPHIC
6040	6040	WILL. A will wholly in the handwriting of the testator that is not
6041	6041	self-proved as provided by this title may be proved by two witnesses
6042	6042	to the testator's handwriting. The evidence may be by:
6043	6043	(1) sworn testimony or affidavit taken in open court;
6044	6044	or
6045	6045	(2) if the witnesses are nonresidents of the county or
6046	6046	are residents who are unable to attend court, written or oral
6047	6047	deposition taken in the same manner and under the same rules as
6048	6048	depositions are taken in other civil actions. (Tex. Prob. Code,
6049	6049	Sec. 84(c).)
6050	6050	Sec. 256.155. PROCEDURES FOR DEPOSITIONS WHEN NO CONTEST IS
6051	6051	FILED. (a) This section, rather than Sections 256.153(c) and (d)
6052	6052	and 256.154 regarding the taking of depositions under the same
6053	6053	rules as depositions in other civil actions, applies if no contest
6054	6054	has been filed with respect to an application for the probate of a
6055	6055	will.
6056	6056	(b) Depositions for the purpose of establishing a will may
6057	6057	be taken in the manner provided by Section 51.203 for the taking of
6058	6058	depositions when there is no opposing party or attorney of record on
6059	6059	whom notice and copies of interrogatories may be served. (Tex.
6060	6060	Prob. Code, Sec. 84(d).)
6061	6061	Sec. 256.156. PROOF OF WRITTEN WILL NOT PRODUCED IN COURT.
6062	6062	(a) A written will that cannot be produced in court must be proved
6063	6063	in the same manner as provided in Section 256.153 for an attested
6064	6064	written will or Section 256.154 for a holographic will, as
6065	6065	applicable. The same amount and character of testimony is required
6066	6066	to prove the written will not produced in court as is required to
6067	6067	prove a written will produced in court.
6068	6068	(b) In addition to the proof required by Subsection (a):
6069	6069	(1) the cause of the nonproduction of a written will
6070	6070	not produced in court must be proved, which must be sufficient to
6071	6071	satisfy the court that the will cannot by any reasonable diligence
6072	6072	be produced; and
6073	6073	(2) the contents of the will must be substantially
6074	6074	proved by the testimony of a credible witness who has read the will,
6075	6075	has heard the will read, or can identify a copy of the will. (Tex.
6076	6076	Prob. Code, Sec. 85.)
6077	6077	Sec. 256.157. TESTIMONY REGARDING PROBATE TO BE COMMITTED
6078	6078	TO WRITING. (a) Except as provided by Subsection (b), all
6079	6079	testimony taken in open court on the hearing of an application to
6080	6080	probate a will must be:
6081	6081	(1) committed to writing at the time the testimony is
6082	6082	taken;
6083	6083	(2) subscribed and sworn to in open court by the
6084	6084	witness; and
6085	6085	(3) filed by the clerk.
6086	6086	(b) In a contested case, the court, on the agreement of the
6087	6087	parties or, if there is no agreement, on the court's own motion, may
6088	6088	waive the requirements of Subsection (a). (Tex. Prob. Code, Sec.
6089	6089	87.)
6090	6090	[Sections 256.158-256.200 reserved for expansion]
6091	6091	SUBCHAPTER E. ADMISSION OF WILL TO, AND PROCEDURES FOLLOWING,
6092	6092	PROBATE
6093	6093	Sec. 256.201. ADMISSION OF WILL TO PROBATE. If the court is
6094	6094	satisfied on the completion of hearing an application for the
6095	6095	probate of a will that the will should be admitted to probate, the
6096	6096	court shall enter an order admitting the will to probate. Certified
6097	6097	copies of the will and the order admitting the will to probate, or
6098	6098	of the record of the will and order, and the record of testimony,
6099	6099	may be:
6100	6100	(1) recorded in other counties; and
6101	6101	(2) used in evidence, as the originals may be used, on
6102	6102	the trial of the same matter in any other court when taken to that
6103	6103	court by appeal or otherwise. (Tex. Prob. Code, Sec. 89.)
6104	6104	Sec. 256.202. CUSTODY OF PROBATED WILL. An original will
6105	6105	and the probate of the will shall be deposited in the office of the
6106	6106	county clerk of the county in which the will was probated. The will
6107	6107	and probate of the will shall remain in that office except during a
6108	6108	time the will and the probate of the will are removed for inspection
6109	6109	to another place on an order of the court where the will was
6110	6110	probated. If that court orders the original will to be removed to
6111	6111	another place for inspection:
6112	6112	(1) the person removing the will shall give a receipt
6113	6113	for the will; and
6114	6114	(2) the court clerk shall make and retain a copy of the
6115	6115	will. (Tex. Prob. Code, Sec. 90.)
6116	6116	Sec. 256.203. ESTABLISHING CONTENTS OF WILL NOT IN COURT'S
6117	6117	CUSTODY. If for any reason a written will is not in the court's
6118	6118	custody, the court shall find the contents of the will by written
6119	6119	order. Certified copies of the contents as established by the order
6120	6120	may be:
6121	6121	(1) recorded in other counties; and
6122	6122	(2) used in evidence, as certified copies of written
6123	6123	wills in the custody of the court may be used. (Tex. Prob. Code,
6124	6124	Sec. 91.)
6125	6125	Sec. 256.204. PERIOD FOR CONTEST. (a) After a will is
6126	6126	admitted to probate, an interested person may commence a suit to
6127	6127	contest the validity thereof not later than the second anniversary
6128	6128	of the date the will was admitted to probate, except that an
6129	6129	interested person may commence a suit to cancel a will for forgery
6130	6130	or other fraud not later than the second anniversary of the date the
6131	6131	forgery or fraud was discovered.
6132	6132	(b) Notwithstanding Subsection (a), an incapacitated person
6133	6133	may commence the contest under that subsection on or before the
6134	6134	second anniversary of the date the person's disabilities are
6135	6135	removed. (Tex. Prob. Code, Sec. 93.)
6136	6136	CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
6137	6137	SUBCHAPTER A. AUTHORIZATION
6138	6138	Sec. 257.001. PROBATE OF WILL AS MUNIMENT OF TITLE
6139	6139	AUTHORIZED
6140	6140	[Sections 257.002-257.050 reserved for expansion]
6141	6141	SUBCHAPTER B. APPLICATION AND PROOF REQUIREMENTS
6142	6142	Sec. 257.051. CONTENTS OF APPLICATION GENERALLY
6143	6143	Sec. 257.052. FILING OF WRITTEN WILL WITH APPLICATION
6144	6144	GENERALLY REQUIRED
6145	6145	Sec. 257.053. ADDITIONAL APPLICATION REQUIREMENTS WHEN
6146	6146	NO WRITTEN WILL IS PRODUCED
6147	6147	Sec. 257.054. PROOF REQUIRED
6148	6148	[Sections 257.055-257.100 reserved for expansion]
6149	6149	SUBCHAPTER C. ORDER ADMITTING WILL; REPORT
6150	6150	Sec. 257.101. DECLARATORY JUDGMENT CONSTRUING WILL
6151	6151	Sec. 257.102. AUTHORITY OF CERTAIN PERSONS ACTING IN
6152	6152	ACCORDANCE WITH ORDER
6153	6153	Sec. 257.103. REPORT BY APPLICANT AFTER PROBATE
6154	6154	CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
6155	6155	SUBCHAPTER A. AUTHORIZATION
6156	6156	Sec. 257.001. PROBATE OF WILL AS MUNIMENT OF TITLE
6157	6157	AUTHORIZED. A court may admit a will to probate as a muniment of
6158	6158	title if the court is satisfied that the will should be admitted to
6159	6159	probate and the court:
6160	6160	(1) is satisfied that the testator's estate does not
6161	6161	owe an unpaid debt, other than any debt secured by a lien on real
6162	6162	estate; or
6163	6163	(2) finds for another reason that there is no
6164	6164	necessity for administration of the estate. (Tex. Prob. Code, Sec.
6165	6165	89C(a).)
6166	6166	[Sections 257.002-257.050 reserved for expansion]
6167	6167	SUBCHAPTER B. APPLICATION AND PROOF REQUIREMENTS
6168	6168	Sec. 257.051. CONTENTS OF APPLICATION GENERALLY. (a) An
6169	6169	application for the probate of a will as a muniment of title must
6170	6170	state and aver the following to the extent each is known to the
6171	6171	applicant or can, with reasonable diligence, be ascertained by the
6172	6172	applicant:
6173	6173	(1) each applicant's name and domicile;
6174	6174	(2) the testator's name, domicile, and, if known, age,
6175	6175	on the date of the testator's death;
6176	6176	(3) the fact, time, and place of the testator's death;
6177	6177	(4) facts showing that the court with which the
6178	6178	application is filed has venue;
6179	6179	(5) that the testator owned property, including a
6180	6180	statement generally describing the property and the property's
6181	6181	probable value;
6182	6182	(6) the date of the will;
6183	6183	(7) the name and residence of:
6184	6184	(A) any executor named in the will; and
6185	6185	(B) each subscribing witness to the will, if any;
6186	6186	(8) whether one or more children born to or adopted by
6187	6187	the testator after the testator executed the will survived the
6188	6188	testator and, if so, the name of each of those children;
6189	6189	(9) that the testator's estate does not owe an unpaid
6190	6190	debt, other than any debt secured by a lien on real estate;
6191	6191	(10) whether the testator was ever divorced and, if
6192	6192	so, when and from whom; and
6193	6193	(11) whether the state, a governmental agency of the
6194	6194	state, or a charitable organization is named in the will as a
6195	6195	devisee.
6196	6196	(b) If an applicant does not state or aver any matter
6197	6197	required by Subsection (a) in the application, the application must
6198	6198	state the reason the matter is not stated and averred. (Tex. Prob.
6199	6199	Code, Sec. 89A(a) (part).)
6200	6200	Sec. 257.052. FILING OF WRITTEN WILL WITH APPLICATION
6201	6201	GENERALLY REQUIRED. (a) An applicant for the probate of a written
6202	6202	will as a muniment of title shall file the will with the application
6203	6203	if the will is in the applicant's control.
6204	6204	(b) A will filed under Subsection (a) must remain in the
6205	6205	custody of the county clerk unless removed from the clerk's custody
6206	6206	by court order. (Tex. Prob. Code, Sec. 89A(a) (part).)
6207	6207	Sec. 257.053. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
6208	6208	WRITTEN WILL IS PRODUCED. In addition to the requirements for an
6209	6209	application under Section 257.051, if an applicant for the probate
6210	6210	of a written will as a muniment of title cannot produce the will in
6211	6211	court, the application must state:
6212	6212	(1) the reason the will cannot be produced;
6213	6213	(2) the contents of the will, to the extent known; and
6214	6214	(3) the name, age, marital status, and address, if
6215	6215	known, and the relationship to the testator, if any, of:
6216	6216	(A) each devisee;
6217	6217	(B) each person who would inherit as an heir of
6218	6218	the testator in the absence of a valid will; and
6219	6219	(C) in the case of partial intestacy, each heir
6220	6220	of the testator. (Tex. Prob. Code, Sec. 89A(b).)
6221	6221	Sec. 257.054. PROOF REQUIRED. An applicant for the probate
6222	6222	of a will as a muniment of title must prove to the court's
6223	6223	satisfaction that:
6224	6224	(1) the testator is dead;
6225	6225	(2) four years have not elapsed since the date of the
6226	6226	testator's death and before the application;
6227	6227	(3) the court has jurisdiction and venue over the
6228	6228	estate;
6229	6229	(4) citation has been served and returned in the
6230	6230	manner and for the period required by this title;
6231	6231	(5) the testator's estate does not owe an unpaid debt,
6232	6232	other than any debt secured by a lien on real estate;
6233	6233	(6) the testator did not revoke the will; and
6234	6234	(7) if the will is not self-proved in the manner
6235	6235	provided by this title, the testator:
6236	6236	(A) executed the will with the formalities and
6237	6237	solemnities and under the circumstances required by law to make the
6238	6238	will valid; and
6239	6239	(B) at the time of executing the will was of sound
6240	6240	mind and:
6241	6241	(i) was 18 years of age or older;
6242	6242	(ii) was or had been married; or
6243	6243	(iii) was a member of the armed forces of
6244	6244	the United States, an auxiliary of the armed forces of the United
6245	6245	States, or the United States Maritime Service. (Tex. Prob. Code,
6246	6246	Sec. 89B.)
6247	6247	[Sections 257.055-257.100 reserved for expansion]
6248	6248	SUBCHAPTER C. ORDER ADMITTING WILL; REPORT
6249	6249	Sec. 257.101. DECLARATORY JUDGMENT CONSTRUING WILL. (a)
6250	6250	On application and notice as provided by Chapter 37, Civil Practice
6251	6251	and Remedies Code, the court may hear evidence and include in an
6252	6252	order probating a will as a muniment of title a declaratory
6253	6253	judgment:
6254	6254	(1) construing the will, if a question of construction
6255	6255	of the will exists; or
6256	6256	(2) determining those persons who are entitled to
6257	6257	receive property under the will and the persons' shares or
6258	6258	interests in the estate, if a person who is entitled to property
6259	6259	under the provisions of the will cannot be ascertained solely by
6260	6260	reference to the will.
6261	6261	(b) A declaratory judgment under this section is conclusive
6262	6262	in any suit between a person omitted from the judgment and a bona
6263	6263	fide purchaser for value who purchased property after entry of the
6264	6264	judgment without actual notice of the claim of the omitted person to
6265	6265	an interest in the estate.
6266	6266	(c) A person who delivered the testator's property to a
6267	6267	person declared to be entitled to the property under the
6268	6268	declaratory judgment under this section or engaged in any other
6269	6269	transaction with the person in good faith after entry of the
6270	6270	judgment is not liable to any person for actions taken in reliance
6271	6271	on the judgment. (Tex. Prob. Code, Sec. 89C(b).)
6272	6272	Sec. 257.102. AUTHORITY OF CERTAIN PERSONS ACTING IN
6273	6273	ACCORDANCE WITH ORDER. (a) An order admitting a will to probate as
6274	6274	a muniment of title constitutes sufficient legal authority for each
6275	6275	person who owes money to the testator's estate, has custody of
6276	6276	property, acts as registrar or transfer agent of any evidence of
6277	6277	interest, indebtedness, property, or right belonging to the estate,
6278	6278	or purchases from or otherwise deals with the estate, to pay or
6279	6279	transfer without administration the applicable asset without
6280	6280	liability to a person described in the will as entitled to receive
6281	6281	the asset.
6282	6282	(b) A person who is entitled to property under the
6283	6283	provisions of a will admitted to probate as a muniment of title is
6284	6284	entitled to deal with and treat the property in the same manner as
6285	6285	if the record of title to the property was vested in the person's
6286	6286	name. (Tex. Prob. Code, Sec. 89C(c).)
6287	6287	Sec. 257.103. REPORT BY APPLICANT AFTER PROBATE. (a)
6288	6288	Except as provided by Subsection (b), not later than the 180th day
6289	6289	after the date a will is admitted to probate as a muniment of title,
6290	6290	the applicant for the probate of the will shall file with the court
6291	6291	clerk a sworn affidavit stating specifically the terms of the will
6292	6292	that have been fulfilled and the terms that have not been fulfilled.
6293	6293	(b) The court may:
6294	6294	(1) waive the requirement under Subsection (a); or
6295	6295	(2) extend the time for filing the affidavit under
6296	6296	Subsection (a).
6297	6297	(c) The failure of an applicant for probate of a will to file
6298	6298	the affidavit required by Subsection (a) does not affect title to
6299	6299	property passing under the terms of the will. (Tex. Prob. Code,
6300	6300	Sec. 89C(d).)
6301	6301	CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
6302	6302	SUBCHAPTER A. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE OF WILL
6303	6303	OF WILL
6304	6304	Sec. 258.001. CITATION ON APPLICATION FOR PROBATE OF
6305	6305	WILL PRODUCED IN COURT
6306	6306	Sec. 258.002. CITATION ON APPLICATION FOR PROBATE OF
6307	6307	WILL NOT PRODUCED IN COURT
6308	6308	Sec. 258.003. COURT ACTION PROHIBITED BEFORE SERVICE
6309	6309	OF CITATION
6310	6310	[Sections 258.004-258.050 reserved for expansion]
6311	6311	SUBCHAPTER B. NOTICES WITH RESPECT TO APPLICATION TO PROBATE WILL AFTER THE PERIOD FOR PROBATE
6312	6312	AFTER THE PERIOD FOR PROBATE
6313	6313	Sec. 258.051. NOTICE TO HEIRS
6314	6314	Sec. 258.052. APPOINTMENT OF ATTORNEY AD LITEM
6315	6315	Sec. 258.053. PREVIOUSLY PROBATED WILL
6316	6316	[Sections 258.054-258.100 reserved for expansion]
6317	6317	SUBCHAPTER C. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE
6318	6318	Sec. 258.101. SERVICE BY PUBLICATION OR OTHER
6319	6319	SUBSTITUTED SERVICE
6320	6320	CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
6321	6321	SUBCHAPTER A. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE
6322	6322	OF WILL
6323	6323	Sec. 258.001. CITATION ON APPLICATION FOR PROBATE OF WILL
6324	6324	PRODUCED IN COURT. (a) On the filing with the clerk of an
6325	6325	application for the probate of a written will produced in court, the
6326	6326	clerk shall issue a citation to all parties interested in the
6327	6327	estate.
6328	6328	(b) The citation required by Subsection (a) shall be served
6329	6329	by posting and must state:
6330	6330	(1) that the application has been filed;
6331	6331	(2) the nature of the application;
6332	6332	(3) the testator's name;
6333	6333	(4) the applicant's name;
6334	6334	(5) the time when the court will act on the
6335	6335	application; and
6336	6336	(6) that any person interested in the estate may
6337	6337	appear at the time stated in the citation to contest the
6338	6338	application. (Tex. Prob. Code, Sec. 128(a) (part).)
6339	6339	Sec. 258.002. CITATION ON APPLICATION FOR PROBATE OF WILL
6340	6340	NOT PRODUCED IN COURT. (a) On the filing of an application for the
6341	6341	probate of a written will that cannot be produced in court, the
6342	6342	clerk shall issue a citation to all parties interested in the
6343	6343	estate. The citation must:
6344	6344	(1) contain substantially the statements made in the
6345	6345	application for probate;
6346	6346	(2) identify the court that will act on the
6347	6347	application; and
6348	6348	(3) state the time and place of the court's action on
6349	6349	the application.
6350	6350	(b) The citation required by Subsection (a) shall be served
6351	6351	on the testator's heirs by personal service if the heirs are
6352	6352	residents of this state and their addresses are known.
6353	6353	(c) Service of the citation required by Subsection (a) may
6354	6354	be made by publication if:
6355	6355	(1) the heirs are not residents of this state;
6356	6356	(2) the names or addresses of the heirs are unknown; or
6357	6357	(3) the heirs are transient persons. (Tex. Prob.
6358	6358	Code, Sec. 128(b).)
6359	6359	Sec. 258.003. COURT ACTION PROHIBITED BEFORE SERVICE OF
6360	6360	CITATION. A court may not act on an application for the probate of a
6361	6361	will until service of citation has been made in the manner provided
6362	6362	by this subchapter. (Tex. Prob. Code, Sec. 128(c) (part).)
6363	6363	[Sections 258.004-258.050 reserved for expansion]
6364	6364	SUBCHAPTER B. NOTICES WITH RESPECT TO APPLICATION TO PROBATE WILL
6365	6365	AFTER THE PERIOD FOR PROBATE
6366	6366	Sec. 258.051. NOTICE TO HEIRS. (a) Except as provided by
6367	6367	Subsection (c), an applicant for the probate of a will under Section
6368	6368	256.003(a) must give notice by service of process to each of the
6369	6369	testator's heirs whose address can be ascertained by the applicant
6370	6370	with reasonable diligence.
6371	6371	(b) The notice required by Subsection (a) must:
6372	6372	(1) contain a statement that:
6373	6373	(A) the testator's property will pass to the
6374	6374	testator's heirs if the will is not admitted to probate; and
6375	6375	(B) the person offering the testator's will for
6376	6376	probate may not be in default for failing to present the will for
6377	6377	probate during the four-year period immediately following the
6378	6378	testator's death; and
6379	6379	(2) be given before the probate of the testator's will.
6380	6380	(c) Notice otherwise required by Subsection (a) is not
6381	6381	required to be given to an heir who has delivered to the court an
6382	6382	affidavit signed by the heir that:
6383	6383	(1) contains the statement described by Subsection
6384	6384	(b)(1); and
6385	6385	(2) states that the heir does not object to the offer
6386	6386	of the testator's will for probate. (Tex. Prob. Code, Secs.
6387	6387	128B(a), (b), (c).)
6388	6388	Sec. 258.052. APPOINTMENT OF ATTORNEY AD LITEM. If an
6389	6389	applicant described by Section 258.051(a) cannot, with reasonable
6390	6390	diligence, ascertain the address of any of the testator's heirs,
6391	6391	the court shall appoint an attorney ad litem to protect the
6392	6392	interests of the testator's unknown heirs after an application for
6393	6393	the probate of a will is made under Section 256.003(a). (Tex. Prob.
6394	6394	Code, Sec. 128B(d).)
6395	6395	Sec. 258.053. PREVIOUSLY PROBATED WILL. With respect to an
6396	6396	application under Section 256.003(a) for the probate of a will of a
6397	6397	testator who has had another will admitted to probate, this
6398	6398	subchapter applies so as to require notice to the beneficiaries of
6399	6399	the testator's probated will instead of to the testator's heirs.
6400	6400	(Tex. Prob. Code, Sec. 128B(e).)
6401	6401	[Sections 258.054-258.100 reserved for expansion]
6402	6402	SUBCHAPTER C. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE
6403	6403	Sec. 258.101. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED
6404	6404	SERVICE. Notwithstanding any other provision of this chapter, if
6405	6405	an attempt to make service under this chapter is unsuccessful,
6406	6406	service may be made in the manner provided by Rule 109 or 109a,
6407	6407	Texas Rules of Civil Procedure, for the service of a citation on a
6408	6408	party by publication or other substituted service. (Tex. Prob.
6409	6409	Code, Sec. 129A.)
6410	6410	[Chapters 259-300 reserved for expansion]
6411	6411	SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND
6412	6412	OPENING OF ADMINISTRATION
6413	6413	CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION
6414	6414	ADMINISTRATION
6415	6415	SUBCHAPTER A. PERIOD FOR APPLICATION FOR LETTERS
6416	6416	Sec. 301.001. ADMINISTRATION BEFORE DEATH VOID
6417	6417	Sec. 301.002. PERIOD FOR FILING APPLICATION FOR
6418	6418	ADMINISTRATION
6419	6419	[Sections 301.003-301.050 reserved for expansion]
6420	6420	SUBCHAPTER B. APPLICATION REQUIREMENTS
6421	6421	Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS
6422	6422	Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF
6423	6423	ADMINISTRATION
6424	6424	[Sections 301.053-301.100 reserved for expansion]
6425	6425	SUBCHAPTER C. OPPOSITION TO CERTAIN APPLICATIONS
6426	6426	Sec. 301.101. OPPOSITION TO APPLICATION FOR LETTERS OF
6427	6427	ADMINISTRATION
6428	6428	[Sections 301.102-301.150 reserved for expansion]
6429	6429	SUBCHAPTER D. REQUIRED PROOF FOR ISSUANCE OF LETTERS
6430	6430	Sec. 301.151. GENERAL PROOF REQUIREMENTS
6431	6431	Sec. 301.152. ADDITIONAL PROOF REQUIRED FOR LETTERS
6432	6432	TESTAMENTARY
6433	6433	Sec. 301.153. ADDITIONAL PROOF REQUIRED FOR LETTERS OF
6434	6434	NECESSITY FOR ADMINISTRATION EXISTS
6435	6435	Sec. 301.154. PROOF REQUIRED WHEN LETTERS HAVE
6436	6436	PREVIOUSLY BEEN GRANTED
6437	6437	[Sections 301.155-301.200 reserved for expansion]
6438	6438	SUBCHAPTER E. PREVENTION OF ADMINISTRATION
6439	6439	Sec. 301.201. METHOD OF PREVENTING ADMINISTRATION
6440	6440	REQUESTED BY CREDITOR
6441	6441	Sec. 301.202. SUIT ON BOND
6442	6442	Sec. 301.203. BOND SECURED BY LIEN
6443	6443	CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF
6444	6444	ADMINISTRATION
6445	6445	SUBCHAPTER A. PERIOD FOR APPLICATION FOR LETTERS
6446	6446	Sec. 301.001. ADMINISTRATION BEFORE DEATH VOID. The
6447	6447	administration of an estate of a living person is void. (Tex. Prob.
6448	6448	Code, Sec. 72(a) (part).)
6449	6449	Sec. 301.002. PERIOD FOR FILING APPLICATION FOR LETTERS
6450	6450	TESTAMENTARY OR OF ADMINISTRATION. (a) Except as provided by
6451	6451	Subsection (b), an application for the grant of letters
6452	6452	testamentary or of administration of an estate must be filed not
6453	6453	later than the fourth anniversary of the decedent's death.
6454	6454	(b) This section does not apply if administration is
6455	6455	necessary to receive or recover property due a decedent's estate.
6456	6456	(Tex. Prob. Code, Sec. 74.)
6457	6457	[Sections 301.003-301.050 reserved for expansion]
6458	6458	SUBCHAPTER B. APPLICATION REQUIREMENTS
6459	6459	Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS. An executor
6460	6460	named in a will or an interested person may file an application with
6461	6461	the court for:
6462	6462	(1) the appointment of the executor named in the will;
6463	6463	or
6464	6464	(2) the appointment of an administrator, if:
6465	6465	(A) there is a will, but:
6466	6466	(i) no executor is named in the will; or
6467	6467	(ii) the executor named in the will is
6468	6468	disqualified, refuses to serve, is dead, or resigns; or
6469	6469	(B) there is no will. (Tex. Prob. Code, Sec. 76
6470	6470	(part).)
6471	6471	Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF
6472	6472	ADMINISTRATION. An application for letters of administration when
6473	6473	no will is alleged to exist must state:
6474	6474	(1) the applicant's name, domicile, and, if any,
6475	6475	relationship to the decedent;
6476	6476	(2) the decedent's name and that the decedent died
6477	6477	intestate;
6478	6478	(3) the fact, time, and place of the decedent's death;
6479	6479	(4) facts necessary to show that the court with which
6480	6480	the application is filed has venue;
6481	6481	(5) whether the decedent owned property and, if so,
6482	6482	include a statement of the property's probable value;
6483	6483	(6) the name, age, marital status, and address, if
6484	6484	known, and the relationship to the decedent of each of the
6485	6485	decedent's heirs;
6486	6486	(7) if known by the applicant at the time the applicant
6487	6487	files the application, whether one or more children were born to or
6488	6488	adopted by the decedent and, if so, the name, birth date, and place
6489	6489	of birth of each child;
6490	6490	(8) if known by the applicant at the time the applicant
6491	6491	files the application, whether the decedent was ever divorced and,
6492	6492	if so, when and from whom;
6493	6493	(9) that a necessity exists for administration of the
6494	6494	decedent's estate and an allegation of the facts that show that
6495	6495	necessity; and
6496	6496	(10) that the applicant is not disqualified by law
6497	6497	from acting as administrator. (Tex. Prob. Code, Sec. 82.)
6498	6498	[Sections 301.053-301.100 reserved for expansion]
6499	6499	SUBCHAPTER C. OPPOSITION TO CERTAIN APPLICATIONS
6500	6500	Sec. 301.101. OPPOSITION TO APPLICATION FOR LETTERS OF
6501	6501	ADMINISTRATION. An interested person may, at any time before an
6502	6502	application for letters of administration is granted, file an
6503	6503	opposition to the application in writing and may apply for the grant
6504	6504	of letters to the interested person or any other person. On the
6505	6505	trial, the court, considering the applicable provisions of this
6506	6506	code, shall grant letters to the person that seems best entitled to
6507	6507	the letters without notice other than the notice given on the
6508	6508	original application. (Tex. Prob. Code, Sec. 179.)
6509	6509	[Sections 301.102-301.150 reserved for expansion]
6510	6510	SUBCHAPTER D. REQUIRED PROOF FOR ISSUANCE OF LETTERS
6511	6511	Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for
6512	6512	the issuance of letters testamentary or of administration of an
6513	6513	estate must prove to the court's satisfaction that:
6514	6514	(1) the person whose estate is the subject of the
6515	6515	application is dead;
6516	6516	(2) four years have not elapsed since the date of the
6517	6517	decedent's death and before the application;
6518	6518	(3) the court has jurisdiction and venue over the
6519	6519	estate;
6520	6520	(4) citation has been served and returned in the
6521	6521	manner and for the period required by this title; and
6522	6522	(5) the person for whom letters testamentary or of
6523	6523	administration are sought is entitled by law to the letters and is
6524	6524	not disqualified. (Tex. Prob. Code, Sec. 88(a) (part).)
6525	6525	Sec. 301.152. ADDITIONAL PROOF REQUIRED FOR LETTERS
6526	6526	TESTAMENTARY. If letters testamentary are to be granted, it must
6527	6527	appear to the court that:
6528	6528	(1) the proof required for the probate of the will has
6529	6529	been made; and
6530	6530	(2) the person to whom the letters are to be granted is
6531	6531	named as executor in the will. (Tex. Prob. Code, Sec. 88(c).)
6532	6532	Sec. 301.153. ADDITIONAL PROOF REQUIRED FOR LETTERS OF
6533	6533	ADMINISTRATION; EFFECT OF FINDING NO NECESSITY FOR ADMINISTRATION
6534	6534	EXISTS. (a) If letters of administration are to be granted, the
6535	6535	applicant for the letters must prove to the court's satisfaction
6536	6536	that a necessity for an administration of the estate exists.
6537	6537	(b) If an application is filed for letters of administration
6538	6538	but the court finds that no necessity for an administration of the
6539	6539	estate exists, the court shall recite in the court's order refusing
6540	6540	the application that no necessity for an administration exists.
6541	6541	(c) A court order containing a recital that no necessity for
6542	6542	an administration of the estate exists constitutes sufficient legal
6543	6543	authority for each person who owes money, has custody of property,
6544	6544	or acts as registrar or transfer agent of any evidence of interest,
6545	6545	indebtedness, property, or right belonging to the estate, and to
6546	6546	each person purchasing or otherwise dealing with the estate, for
6547	6547	payment or transfer to the distributees.
6548	6548	(d) A distributee is entitled to enforce by suit the
6549	6549	distributee's right to payment or transfer described by Subsection
6550	6550	(c). (Tex. Prob. Code, Secs. 88(d), 180.)
6551	6551	Sec. 301.154. PROOF REQUIRED WHEN LETTERS HAVE PREVIOUSLY
6552	6552	BEEN GRANTED. If letters testamentary or of administration have
6553	6553	previously been granted with respect to an estate, an applicant for
6554	6554	the granting of subsequent letters must show only that the person
6555	6555	for whom the letters are sought is entitled by law to the letters
6556	6556	and is not disqualified. (Tex. Prob. Code, Sec. 88(e).)
6557	6557	[Sections 301.155-301.200 reserved for expansion]
6558	6558	SUBCHAPTER E. PREVENTION OF ADMINISTRATION
6559	6559	Sec. 301.201. METHOD OF PREVENTING ADMINISTRATION
6560	6560	REQUESTED BY CREDITOR. (a) If a creditor files an application for
6561	6561	letters of administration of an estate, another interested person
6562	6562	who does not desire the administration can defeat the application
6563	6563	by:
6564	6564	(1) paying the creditor's claim;
6565	6565	(2) proving to the court's satisfaction that the
6566	6566	creditor's claim is fictitious, fraudulent, illegal, or barred by
6567	6567	limitation; or
6568	6568	(3) executing a bond that is:
6569	6569	(A) payable to, and to be approved by, the judge
6570	6570	in an amount that is twice the amount of the creditor's claim; and
6571	6571	(B) conditioned on the obligors paying the claim
6572	6572	on the establishment of the claim by suit in any court in the county
6573	6573	having jurisdiction of the amount.
6574	6574	(b) A bond executed and approved under Subsection (a)(3)
6575	6575	must be filed with the county clerk. (Tex. Prob. Code, Secs. 80(a),
6576	6576	(b) (part).)
6577	6577	Sec. 301.202. SUIT ON BOND. Any creditor for whose
6578	6578	protection a bond is executed under Section 301.201(a)(3) may sue
6579	6579	on the bond in the creditor's own name to recover the creditor's
6580	6580	claim. (Tex. Prob. Code, Sec. 80(b) (part).)
6581	6581	Sec. 301.203. BOND SECURED BY LIEN. If a bond is executed
6582	6582	and approved under Section 301.201(a)(3), a lien exists on all of
6583	6583	the estate in the possession of the distributees, and those
6584	6584	claiming under the distributees with notice of the lien, to secure
6585	6585	the ultimate payment of the bond. (Tex. Prob. Code, Sec. 80(c).)
6586	6586	[Chapter 302 reserved for expansion]
6587	6587	CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING OF ADMINISTRATION
6588	6588	ADMINISTRATION
6589	6589	Sec. 303.001. CITATION ON APPLICATION FOR ISSUANCE OF
6590	6590	LETTERS OF ADMINISTRATION
6591	6591	Sec. 303.002. COURT ACTION PROHIBITED BEFORE SERVICE
6592	6592	OF CITATION
6593	6593	Sec. 303.003. SERVICE BY PUBLICATION OR OTHER
6594	6594	SUBSTITUTED SERVICE
6595	6595	CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING OF
6596	6596	ADMINISTRATION
6597	6597	Sec. 303.001. CITATION ON APPLICATION FOR ISSUANCE OF
6598	6598	LETTERS OF ADMINISTRATION. (a) On the filing with the clerk of an
6599	6599	application for letters of administration, the clerk shall issue a
6600	6600	citation to all parties interested in the estate.
6601	6601	(b) The citation required by Subsection (a) shall be served
6602	6602	by posting and must state:
6603	6603	(1) that the application has been filed;
6604	6604	(2) the nature of the application;
6605	6605	(3) the decedent's name;
6606	6606	(4) the applicant's name;
6607	6607	(5) the time when the court will act on the
6608	6608	application; and
6609	6609	(6) that any person interested in the estate may
6610	6610	appear at the time stated in the citation to contest the
6611	6611	application. (Tex. Prob. Code, Sec. 128(a) (part).)
6612	6612	Sec. 303.002. COURT ACTION PROHIBITED BEFORE SERVICE OF
6613	6613	CITATION. A court may not act on an application for the issuance of
6614	6614	letters of administration until service of citation has been made
6615	6615	in the manner provided by this chapter. (Tex. Prob. Code, Sec.
6616	6616	128(c) (part).)
6617	6617	Sec. 303.003. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED
6618	6618	SERVICE. Notwithstanding any other provision of this chapter, if
6619	6619	an attempt to make service under this chapter is unsuccessful,
6620	6620	service may be made in the manner provided by Rule 109 or 109a,
6621	6621	Texas Rules of Civil Procedure, for the service of a citation on a
6622	6622	party by publication or other substituted service. (Tex. Prob.
6623	6623	Code, Sec. 129A.)
6624	6624	CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
6625	6625	Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS
6626	6626	PERSONAL REPRESENTATIVE
6627	6627	Sec. 304.002. RENOUNCING RIGHT TO SERVE AS PERSONAL
6628	6628	REPRESENTATIVE
6629	6629	Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS
6630	6630	EXECUTOR OR ADMINISTRATOR
6631	6631	CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
6632	6632	Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS
6633	6633	PERSONAL REPRESENTATIVE. (a) The court shall grant letters
6634	6634	testamentary or of administration to persons qualified to act, in
6635	6635	the following order:
6636	6636	(1) the person named as executor in the decedent's
6637	6637	will;
6638	6638	(2) the decedent's surviving spouse;
6639	6639	(3) the principal devisee of the decedent;
6640	6640	(4) any devisee of the decedent;
6641	6641	(5) the next of kin of the decedent;
6642	6642	(6) a creditor of the decedent;
6643	6643	(7) any person of good character residing in the
6644	6644	county who applies for the letters; and
6645	6645	(8) any other person who is not disqualified under
6646	6646	Section 304.003.
6647	6647	(b) For purposes of Subsection (a)(5), the decedent's next
6648	6648	of kin:
6649	6649	(1) is determined in accordance with order of descent,
6650	6650	with the person nearest in order of descent first, and so on; and
6651	6651	(2) includes a person and the person's descendants who
6652	6652	legally adopted the decedent or who have been legally adopted by the
6653	6653	decedent.
6654	6654	(c) If applicants for letters testamentary or of
6655	6655	administration are equally entitled to the letters, the court:
6656	6656	(1) shall grant the letters to the applicant who, in
6657	6657	the judgment of the court, is most likely to administer the estate
6658	6658	advantageously; or
6659	6659	(2) may grant the letters to two or more of those
6660	6660	applicants. (Tex. Prob. Code, Sec. 77.)
6661	6661	Sec. 304.002. RENOUNCING RIGHT TO SERVE AS PERSONAL
6662	6662	REPRESENTATIVE. A decedent's surviving spouse, or, if there is no
6663	6663	surviving spouse, the heirs or any one of the heirs of the decedent
6664	6664	to the exclusion of any person not equally entitled to letters
6665	6665	testamentary or of administration, may renounce the right to the
6666	6666	letters in favor of another qualified person in open court or by a
6667	6667	power of attorney authenticated and filed with the county clerk of
6668	6668	the county where the application for the letters is filed. After
6669	6669	the right to the letters has been renounced, the court may grant the
6670	6670	letters to the other qualified person. (Tex. Prob. Code, Sec. 79.)
6671	6671	Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
6672	6672	ADMINISTRATOR. A person is not qualified to serve as an executor or
6673	6673	administrator if the person is:
6674	6674	(1) incapacitated;
6675	6675	(2) a felon convicted under the laws of the United
6676	6676	States or of any state of the United States unless, in accordance
6677	6677	with law, the person has been pardoned or has had the person's civil
6678	6678	rights restored;
6679	6679	(3) a nonresident of this state who:
6680	6680	(A) is a natural person or corporation; and
6681	6681	(B) has not:
6682	6682	(i) appointed a resident agent to accept
6683	6683	service of process in all actions or proceedings with respect to the
6684	6684	estate; or
6685	6685	(ii) had that appointment filed with the
6686	6686	court;
6687	6687	(4) a corporation not authorized to act as a fiduciary
6688	6688	in this state; or
6689	6689	(5) a person whom the court finds unsuitable. (Tex.
6690	6690	Prob. Code, Sec. 78.)
6691	6691	CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
6692	6692	SUBCHAPTER A. GENERAL PROVISIONS
6693	6693	Sec. 305.001. DEFINITIONS
6694	6694	Sec. 305.002. MANNER OF QUALIFICATION OF PERSONAL
6695	6695	REPRESENTATIVE
6696	6696	Sec. 305.003. PERIOD FOR TAKING OATH AND GIVING BOND
6697	6697	[Sections 305.004-305.050 reserved for expansion]
6698	6698	SUBCHAPTER B. OATHS
6699	6699	Sec. 305.051. OATH OF EXECUTOR OR ADMINISTRATOR WITH
6700	6700	WILL ANNEXED
6701	6701	Sec. 305.052. OATH OF ADMINISTRATOR
6702	6702	Sec. 305.053. OATH OF TEMPORARY ADMINISTRATOR
6703	6703	Sec. 305.054. ADMINISTRATION OF OATH
6704	6704	Sec. 305.055. FILING AND RECORDING OF OATH
6705	6705	[Sections 305.056-305.100 reserved for expansion]
6706	6706	SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
6707	6707	Sec. 305.101. BOND GENERALLY REQUIRED; EXCEPTIONS
6708	6708	Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE
6709	6709	EXEMPT
6710	6710	Sec. 305.103. BONDS OF JOINT PERSONAL REPRESENTATIVES
6711	6711	Sec. 305.104. BOND OF MARRIED PERSON
6712	6712	Sec. 305.105. BOND OF MARRIED PERSON UNDER 18 YEARS OF
6713	6713	AGE
6714	6714	Sec. 305.106. GENERAL FORMALITIES
6715	6715	Sec. 305.107. SUBSCRIPTION OF BOND BY PRINCIPALS AND
6716	6716	SURETIES
6717	6717	Sec. 305.108. FORM OF BOND
6718	6718	Sec. 305.109. FILING OF BOND
6719	6719	Sec. 305.110. FAILURE TO GIVE BOND
6720	6720	Sec. 305.111. BOND NOT VOID ON FIRST RECOVERY
6721	6721	[Sections 305.112-305.150 reserved for expansion]
6722	6722	SUBCHAPTER D. AMOUNT OF BOND AND ASSOCIATED DEPOSITS
6723	6723	Sec. 305.151. GENERAL STANDARD REGARDING AMOUNT OF
6724	6724	BOND
6725	6725	Sec. 305.152. EVIDENTIARY HEARING ON AMOUNT OF BOND
6726	6726	Sec. 305.153. SPECIFIC BOND AMOUNT
6727	6727	Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE
6728	6728	ASSETS
6729	6729	Sec. 305.155. DEPOSIT OF ESTATE ASSETS ON TERMS
6730	6730	PRESCRIBED BY COURT
6731	6731	Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE
6732	6732	Sec. 305.157. RECEIPT FOR DEPOSITS OF PERSONAL
6733	6733	REPRESENTATIVE
6734	6734	Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY
6735	6735	PERSONAL REPRESENTATIVE
6736	6736	Sec. 305.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF
6737	6737	ADMINISTRATION
6738	6738	Sec. 305.160. INCREASED OR ADDITIONAL BONDS IN CERTAIN
6739	6739	CIRCUMSTANCES
6740	6740	[Sections 305.161-305.200 reserved for expansion]
6741	6741	SUBCHAPTER E. BOND SURETIES
6742	6742	Sec. 305.201. PERSONAL OR AUTHORIZED CORPORATE
6743	6743	SURETIES
6744	6744	Sec. 305.202. SURETIES FOR CERTAIN BONDS
6745	6745	Sec. 305.203. AFFIDAVIT OF PERSONAL SURETY
6746	6746	Sec. 305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL
6747	6747	SURETIES
6748	6748	Sec. 305.205. SUBORDINATION OF LIEN ON REAL PROPERTY
6749	6749	OWNED BY PERSONAL SURETIES
6750	6750	Sec. 305.206. RELEASE OF LIEN ON REAL PROPERTY OWNED
6751	6751	BY PERSONAL SURETIES
6752	6752	Sec. 305.207. DEPOSITS BY PERSONAL SURETY
6753	6753	[Sections 305.208-305.250 reserved for expansion]
6754	6754	SUBCHAPTER F. NEW BONDS
6755	6755	Sec. 305.251. GROUNDS FOR REQUIRING NEW BOND
6756	6756	Sec. 305.252. COURT ORDER OR CITATION ON NEW BOND
6757	6757	Sec. 305.253. SHOW CAUSE HEARING ON NEW BOND
6758	6758	REQUIREMENT
6759	6759	Sec. 305.254. EFFECT OF ORDER REQUIRING NEW BOND
6760	6760	Sec. 305.255. NEW BOND IN DECREASED AMOUNT
6761	6761	Sec. 305.256. REQUEST BY SURETY FOR NEW BOND
6762	6762	Sec. 305.257. DISCHARGE OF FORMER SURETIES ON
6763	6763	EXECUTION OF NEW BOND
6764	6764	CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
6765	6765	SUBCHAPTER A. GENERAL PROVISIONS
6766	6766	Sec. 305.001. DEFINITIONS. In this chapter:
6767	6767	(1) "Bond" means a bond required by this chapter to be
6768	6768	given by a person appointed to serve as a personal representative.
6769	6769	(2) "Oath" means an oath required by this chapter to be
6770	6770	taken by a person appointed to serve as a personal representative.
6771	6771	(New.)
6772	6772	Sec. 305.002. MANNER OF QUALIFICATION OF PERSONAL
6773	6773	REPRESENTATIVE. (a) A personal representative, other than an
6774	6774	executor described by Subsection (b), is considered to have
6775	6775	qualified when the representative has:
6776	6776	(1) taken and filed the oath prescribed by Subchapter
6777	6777	B;
6778	6778	(2) given the required bond;
6779	6779	(3) obtained the judge's approval of the bond; and
6780	6780	(4) filed the bond with the clerk.
6781	6781	(b) An executor who is not required to give a bond is
6782	6782	considered to have qualified when the executor has taken and filed
6783	6783	the oath prescribed by Subchapter B. (Tex. Prob. Code, Sec. 189.)
6784	6784	Sec. 305.003. PERIOD FOR TAKING OATH AND GIVING BOND. An
6785	6785	oath may be taken and subscribed and a bond may be given and
6786	6786	approved at any time before:
6787	6787	(1) the 21st day after the date of the order granting
6788	6788	letters testamentary or of administration, as applicable; or
6789	6789	(2) the letters testamentary or of administration, as
6790	6790	applicable, are revoked for a failure to qualify within the period
6791	6791	allowed. (Tex. Prob. Code, Sec. 192 (part).)
6792	6792	[Sections 305.004-305.050 reserved for expansion]
6793	6793	SUBCHAPTER B. OATHS
6794	6794	Sec. 305.051. OATH OF EXECUTOR OR ADMINISTRATOR WITH WILL
6795	6795	ANNEXED. Before the issuance of letters testamentary or letters of
6796	6796	administration with the will annexed, the person named as executor
6797	6797	or appointed as administrator with the will annexed shall take and
6798	6798	subscribe an oath in substantially the following form:
6799	6799	I do solemnly swear that the writing offered for probate is
6800	6800	the last will of ________ (insert name of testator), so far as I
6801	6801	know or believe, and that I will well and truly perform all the
6802	6802	duties of __________ (insert "executor of the will" or
6803	6803	"administrator with the will annexed," as applicable) for the
6804	6804	estate of _______ (insert name of testator). (Tex. Prob. Code, Sec.
6805	6805	190(a).)
6806	6806	Sec. 305.052. OATH OF ADMINISTRATOR. Before the issuance
6807	6807	of letters of administration, the person appointed as administrator
6808	6808	shall take and subscribe an oath in substantially the following
6809	6809	form:
6810	6810	I do solemnly swear that ___________ (insert name of
6811	6811	decedent), deceased, died _______ (insert "without leaving any
6812	6812	lawful will" or "leaving a lawful will, but the executor named in
6813	6813	the will is dead or has failed to offer the will for probate or to
6814	6814	accept and qualify as executor, within the period required," as
6815	6815	applicable), so far as I know or believe, and that I will well and
6816	6816	truly perform all the duties of administrator of the estate of the
6817	6817	deceased. (Tex. Prob. Code, Sec. 190(b).)
6818	6818	Sec. 305.053. OATH OF TEMPORARY ADMINISTRATOR. Before the
6819	6819	issuance of temporary letters of administration, the person
6820	6820	appointed as temporary administrator shall take and subscribe an
6821	6821	oath in substantially the following form:
6822	6822	I do solemnly swear that I will well and truly perform the
6823	6823	duties of temporary administrator of the estate of __________
6824	6824	(insert name of decedent), deceased, in accordance with the law,
6825	6825	and with the order of the court appointing me as temporary
6826	6826	administrator. (Tex. Prob. Code, Sec. 190(c).)
6827	6827	Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken
6828	6828	before any person authorized to administer oaths under the laws of
6829	6829	this state. (Tex. Prob. Code, Secs. 190(d) (part), 192 (part).)
6830	6830	Sec. 305.055. FILING AND RECORDING OF OATH. An oath shall
6831	6831	be:
6832	6832	(1) filed with the clerk of the court granting the
6833	6833	letters testamentary or of administration, as applicable; and
6834	6834	(2) recorded in the minutes of that court. (Tex. Prob.
6835	6835	Code, Sec. 190(d) (part).)
6836	6836	[Sections 305.056-305.100 reserved for expansion]
6837	6837	SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
6838	6838	Sec. 305.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a)
6839	6839	Except as otherwise provided by this title, a person to whom letters
6840	6840	testamentary or of administration will be issued must enter into a
6841	6841	bond before issuance of the letters.
6842	6842	(b) Letters testamentary shall be issued without the
6843	6843	requirement of a bond to a person named as executor in a will
6844	6844	probated in a court of this state if:
6845	6845	(1) the will directs that no bond or security be
6846	6846	required of the person; and
6847	6847	(2) the court finds that the person is qualified.
6848	6848	(c) A bond is not required if a personal representative is a
6849	6849	corporate fiduciary. (Tex. Prob. Code, Secs. 194 (part), 195.)
6850	6850	Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE EXEMPT.
6851	6851	(a) This section applies only to an estate for which an executor
6852	6852	was appointed under a will, but from whom no bond was required.
6853	6853	(b) A person who has a debt, claim, or demand against the
6854	6854	estate, with respect to the justice of which the person or the
6855	6855	person's agent or attorney has made an oath, or another person
6856	6856	interested in the estate, whether in person or as the
6857	6857	representative of another, may file a written complaint in the
6858	6858	court where the will is probated.
6859	6859	(c) On the filing of the complaint, the court shall cite the
6860	6860	executor to appear and show cause why the executor should not be
6861	6861	required to give a bond.
6862	6862	(d) On hearing the complaint, the court shall enter an order
6863	6863	requiring the executor to give a bond not later than the 10th day
6864	6864	after the date of the order if it appears to the court that:
6865	6865	(1) the executor is wasting, mismanaging, or
6866	6866	misapplying the estate; and
6867	6867	(2) as a result of conduct described by Subdivision
6868	6868	(1):
6869	6869	(A) a creditor may probably lose the creditor's
6870	6870	debt; or
6871	6871	(B) a person's interest in the estate may be
6872	6872	diminished or lost.
6873	6873	(e) A bond required under this section must be:
6874	6874	(1) in an amount sufficient to protect the estate and
6875	6875	the estate's creditors;
6876	6876	(2) payable to and approved by the judge; and
6877	6877	(3) conditioned that the executor:
6878	6878	(A) will well and truly administer the estate;
6879	6879	and
6880	6880	(B) will not waste, mismanage, or misapply the
6881	6881	estate.
6882	6882	(f) If the executor fails to give a bond required under this
6883	6883	section on or before the 10th day after the date of the order and the
6884	6884	judge has not extended the period for giving the bond, the judge,
6885	6885	without citation, shall remove the executor and appoint a competent
6886	6886	person in the executor's place who shall administer the estate
6887	6887	according to the will and law. Before entering into the
6888	6888	administration of the estate, the appointed person must:
6889	6889	(1) take the oath required of an administrator with
6890	6890	the will annexed under Section 305.051; and
6891	6891	(2) give a bond in the manner and amount provided by
6892	6892	this chapter for the issuance of original letters of
6893	6893	administration. (Tex. Prob. Code, Secs. 214, 215, 216, 217.)
6894	6894	Sec. 305.103. BONDS OF JOINT PERSONAL REPRESENTATIVES. If
6895	6895	two or more persons are appointed as personal representatives of an
6896	6896	estate and are required by this chapter or by the court to give a
6897	6897	bond, the court may require:
6898	6898	(1) a separate bond from each person; or
6899	6899	(2) a joint bond from all of the persons. (Tex. Prob.
6900	6900	Code, Sec. 198.)
6901	6901	Sec. 305.104. BOND OF MARRIED PERSON. (a) A married person
6902	6902	appointed as a personal representative may execute a bond required
6903	6903	by law:
6904	6904	(1) jointly with the person's spouse; or
6905	6905	(2) separately without the person's spouse.
6906	6906	(b) A bond executed by a married person binds the person's
6907	6907	separate estate, but does not bind the person's spouse unless the
6908	6908	spouse signed the bond. (Tex. Prob. Code, Sec. 199.)
6909	6909	Sec. 305.105. BOND OF MARRIED PERSON UNDER 18 YEARS OF AGE.
6910	6910	Any bond required to be executed by a person who is under 18 years of
6911	6911	age, is or has been married, and accepts and qualifies as an
6912	6912	executor or administrator is as valid and binding for all purposes
6913	6913	as if the person were of legal age. (Tex. Prob. Code, Sec. 200.)
6914	6914	Sec. 305.106. GENERAL FORMALITIES. A bond required under
6915	6915	Section 305.101(a) must:
6916	6916	(1) be conditioned as required by law;
6917	6917	(2) be payable to the judge and the judge's successors
6918	6918	in office;
6919	6919	(3) bear the written approval of the judge in the
6920	6920	judge's official capacity; and
6921	6921	(4) be executed and approved in accordance with this
6922	6922	chapter. (Tex. Prob. Code, Sec. 194 (part).)
6923	6923	Sec. 305.107. SUBSCRIPTION OF BOND BY PRINCIPALS AND
6924	6924	SURETIES. A bond required under Section 305.101 shall be
6925	6925	subscribed by both principals and sureties. (Tex. Prob. Code, Sec.
6926	6926	197 (part).)
6927	6927	Sec. 305.108. FORM OF BOND. The following form, or a form
6928	6928	with the same substance, may be used for the bond of a personal
6929	6929	representative:
6930	6930	The State of Texas
6931	6931	County of ________
6932	6932	Know all persons by these presents that we, _______ (insert
6933	6933	name of each principal), as principal, and _______ (insert name of
6934	6934	each surety), as sureties, are held and firmly bound unto the judge
6935	6935	of ____________ (insert reference to appropriate judge), and that
6936	6936	judge's successors in office, in the sum of _____ dollars,
6937	6937	conditioned that the above bound principal or principals, appointed
6938	6938	as _______ (insert "executor of the last will and testament,"
6939	6939	"administrator with the will annexed of the estate," "administrator
6940	6940	of the estate," or "temporary administrator of the estate," as
6941	6941	applicable) of _______ (insert name of decedent), deceased, shall
6942	6942	well and truly perform all of the duties required of the principal
6943	6943	or principals by law under that appointment. (Tex. Prob. Code, Sec.
6944	6944	196.)
6945	6945	Sec. 305.109. FILING OF BOND. A bond required under Section
6946	6946	305.101 shall be filed with the clerk after the court approves the
6947	6947	bond. (Tex. Prob. Code, Sec. 197 (part).)
6948	6948	Sec. 305.110. FAILURE TO GIVE BOND. Another person may be
6949	6949	appointed as personal representative to replace a personal
6950	6950	representative who at any time fails to give a bond as required by
6951	6951	the court in the period prescribed by this chapter. (Tex. Prob.
6952	6952	Code, Sec. 213.)
6953	6953	Sec. 305.111. BOND NOT VOID ON FIRST RECOVERY. A personal
6954	6954	representative's bond does not become void on the first recovery
6955	6955	but may be put in suit and prosecuted from time to time until the
6956	6956	entire amount of the bond has been recovered. (Tex. Prob. Code,
6957	6957	Sec. 218.)
6958	6958	[Sections 305.112-305.150 reserved for expansion]
6959	6959	SUBCHAPTER D. AMOUNT OF BOND AND ASSOCIATED DEPOSITS
6960	6960	Sec. 305.151. GENERAL STANDARD REGARDING AMOUNT OF BOND.
6961	6961	(a) The judge shall set the amount of a bond, in an amount
6962	6962	considered sufficient to protect the estate and the estate's
6963	6963	creditors, as provided by this chapter.
6964	6964	(b) Notwithstanding Subsection (a) or other provisions
6965	6965	generally applicable to bonds of personal representatives, if the
6966	6966	person to whom letters testamentary or of administration are
6967	6967	granted is entitled to all of the decedent's estate after payment of
6968	6968	debts, a bond shall be in an amount sufficient to protect creditors
6969	6969	only. (Tex. Prob. Code, Sec. 194, Subdivs. 1, 2.)
6970	6970	Sec. 305.152. EVIDENTIARY HEARING ON AMOUNT OF BOND.
6971	6971	Before setting the amount of a bond, the court shall hear evidence
6972	6972	and determine:
6973	6973	(1) the amount of cash on hand and where that cash is
6974	6974	deposited;
6975	6975	(2) the amount of cash estimated to be needed for
6976	6976	administrative purposes, including operation of a business,
6977	6977	factory, farm, or ranch owned by the estate, and expenses of
6978	6978	administration for one year;
6979	6979	(3) the revenue anticipated to be received in the
6980	6980	succeeding 12 months from dividends, interest, rentals, or use of
6981	6981	property belonging to the estate and the aggregate amount of any
6982	6982	installments or periodic payments to be collected;
6983	6983	(4) the estimated value of certificates of stock,
6984	6984	bonds, notes, or other securities of the estate and the name of the
6985	6985	depository, if any, in which those assets are deposited;
6986	6986	(5) the face value of life insurance or other policies
6987	6987	payable to the person on whose estate administration is sought or to
6988	6988	the estate;
6989	6989	(6) the estimated value of other personal property
6990	6990	owned by the estate; and
6991	6991	(7) the estimated amount of debts due and owing by the
6992	6992	estate. (Tex. Prob. Code, Sec. 194, Subdiv. 3.)
6993	6993	Sec. 305.153. SPECIFIC BOND AMOUNT. (a) Except as
6994	6994	otherwise provided by this section, the judge shall set the bond in
6995	6995	an amount equal to the sum of:
6996	6996	(1) the estimated value of all personal property
6997	6997	belonging to the estate; and
6998	6998	(2) an additional amount to cover revenue anticipated
6999	6999	to be derived during the succeeding 12 months from:
7000	7000	(A) interest and dividends;
7001	7001	(B) collectible claims;
7002	7002	(C) the aggregate amount of any installments or
7003	7003	periodic payments, excluding income derived or to be derived from
7004	7004	federal social security payments; and
7005	7005	(D) rentals for the use of property.
7006	7006	(b) The judge shall reduce the amount of the original bond
7007	7007	under Subsection (a) in proportion to the amount of cash or the
7008	7008	value of securities or other assets:
7009	7009	(1) authorized or required to be deposited by court
7010	7010	order; or
7011	7011	(2) voluntarily deposited by the personal
7012	7012	representative or the sureties on the representative's bond, as
7013	7013	provided by Sections 305.155 and 305.156.
7014	7014	(c) A bond required to be given by a temporary administrator
7015	7015	shall be in the amount that the judge directs. (Tex. Prob. Code,
7016	7016	Sec. 194, Subdivs. 4, 13.)
7017	7017	Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS.
7018	7018	(a) A personal representative may agree with the surety or sureties
7019	7019	on a bond, either corporate or personal, for the deposit of any cash
7020	7020	and other estate assets in a depository described by Subsection
7021	7021	(c), if the deposit is otherwise proper, in a manner that prevents
7022	7022	the withdrawal of the cash or other assets without:
7023	7023	(1) the written consent of the surety or sureties; or
7024	7024	(2) a court order entered after notice to the surety or
7025	7025	sureties as directed by the court.
7026	7026	(b) The court may require the action described by Subsection
7027	7027	(a) if the court considers that action to be in the best interest of
7028	7028	the estate.
7029	7029	(c) Cash and assets must be deposited under this section in
7030	7030	a financial institution, as defined by Section 201.101, Finance
7031	7031	Code, that:
7032	7032	(1) has its main office or a branch office in this
7033	7033	state; and
7034	7034	(2) is qualified to act as a depository in this state
7035	7035	under the laws of this state or the United States.
7036	7036	(d) An agreement under this section may not release the
7037	7037	principal or sureties from liability, or change the liability of
7038	7038	the principal or sureties, as established by the terms of the bond.
7039	7039	(Tex. Prob. Code, Sec. 194, Subdiv. 5.)
7040	7040	Sec. 305.155. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED
7041	7041	BY COURT. (a) Cash, securities, or other personal assets of an
7042	7042	estate or to which the estate is entitled may or, if considered by
7043	7043	the court to be in the best interest of the estate, shall, be
7044	7044	deposited in one or more depositories described by Section
7045	7045	305.154(c) on terms prescribed by the court.
7046	7046	(b) The court in which the proceedings are pending may
7047	7047	authorize or require additional estate assets currently on hand or
7048	7048	that accrue during the pendency of the proceedings to be deposited
7049	7049	as provided by Subsection (a) on:
7050	7050	(1) the court's own motion; or
7051	7051	(2) the written application of the personal
7052	7052	representative or any other person interested in the estate.
7053	7053	(c) The amount of the bond required to be given by the
7054	7054	personal representative shall be reduced in proportion to the
7055	7055	amount of the cash and the value of the securities or other assets
7056	7056	deposited under this section.
7057	7057	(d) Cash, securities, or other assets deposited under this
7058	7058	section may be withdrawn in whole or in part from the depository
7059	7059	only in accordance with a court order, and the amount of the
7060	7060	personal representative's bond shall be increased in proportion to
7061	7061	the amount of the cash and the value of the securities or other
7062	7062	assets authorized to be withdrawn. (Tex. Prob. Code, Sec. 194,
7063	7063	Subdiv. 6.)
7064	7064	Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE. (a)
7065	7065	Instead of giving a surety or sureties on a bond, or to reduce the
7066	7066	amount of a bond, a personal representative may deposit the
7067	7067	representative's own cash or securities acceptable to the court
7068	7068	with a depository described by Subsection (b), if the deposit is
7069	7069	otherwise proper.
7070	7070	(b) Cash or securities must be deposited under this section
7071	7071	in:
7072	7072	(1) a depository described by Section 305.154(c); or
7073	7073	(2) any other corporate depository approved by the
7074	7074	court.
7075	7075	(c) A deposit may be in an amount or value equal to the
7076	7076	amount of the bond required or in a lesser amount or value, in which
7077	7077	case the amount of the bond is reduced by the amount or value of the
7078	7078	deposit.
7079	7079	(d) The amount of cash or securities on deposit may be
7080	7080	increased or decreased, by court order from time to time, as the
7081	7081	interest of the estate requires.
7082	7082	(e) A deposit of cash or securities made instead of a surety
7083	7083	or sureties on a bond may be withdrawn or released only on order of a
7084	7084	court having jurisdiction.
7085	7085	(f) A creditor has the same rights against a personal
7086	7086	representative and deposits made under this section as are provided
7087	7087	for recovery against sureties on a bond. (Tex. Prob. Code, Sec. 194,
7088	7088	Subdivs. 7, 8(b), (c), (d).)
7089	7089	Sec. 305.157. RECEIPT FOR DEPOSITS OF PERSONAL
7090	7090	REPRESENTATIVE. (a) A depository that receives a deposit made
7091	7091	under Section 305.156 instead of a surety or sureties on a bond
7092	7092	shall issue a receipt for the deposit that:
7093	7093	(1) shows the amount of cash deposited or the amount
7094	7094	and description of the securities deposited, as applicable; and
7095	7095	(2) states that the depository agrees to disburse or
7096	7096	deliver the cash or securities only on receipt of a certified copy
7097	7097	of an order of the court in which the proceedings are pending.
7098	7098	(b) A receipt issued by a depository under Subsection (a)
7099	7099	shall be attached to the personal representative's bond and be
7100	7100	delivered to and filed by the county clerk after approval by the
7101	7101	judge. (Tex. Prob. Code, Sec. 194, Subdiv. 8(a).)
7102	7102	Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY PERSONAL
7103	7103	REPRESENTATIVE. (a) The court may on its own motion or on the
7104	7104	written application by the personal representative or any other
7105	7105	person interested in the estate:
7106	7106	(1) require that an adequate bond be given instead of a
7107	7107	deposit under Section 305.156; or
7108	7108	(2) authorize withdrawal of a deposit made under
7109	7109	Section 305.156 and substitution of a bond with sureties.
7110	7110	(b) Not later than the 20th day after the date of entry of
7111	7111	the court's motion or the date the personal representative is
7112	7112	personally served with notice of the filing of an application by
7113	7113	another person interested in the estate, the representative shall
7114	7114	file a sworn statement showing the condition of the estate.
7115	7115	(c) A personal representative who fails to comply with
7116	7116	Subsection (b) is subject to removal as in other cases.
7117	7117	(d) The personal representative's deposit under Section
7118	7118	305.156 may not be released or withdrawn until the court has:
7119	7119	(1) been satisfied as to the condition of the estate;
7120	7120	(2) determined the amount of the bond; and
7121	7121	(3) received and approved the bond. (Tex. Prob. Code,
7122	7122	Sec. 194, Subdiv. 8(e).)
7123	7123	Sec. 305.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF
7124	7124	ADMINISTRATION. (a) Any deposit of assets of the personal
7125	7125	representative, the estate, or a surety that remains at the time an
7126	7126	estate is closed shall be released by court order and paid to the
7127	7127	person or persons entitled to the deposit.
7128	7128	(b) Except as provided by Subsection (c), a writ of
7129	7129	attachment or garnishment does not lie against a deposit described
7130	7130	by Subsection (a).
7131	7131	(c) A writ of attachment or garnishment may lie against a
7132	7132	deposit described by Subsection (a) as to a claim of a creditor of
7133	7133	the estate being administered or a person interested in the estate,
7134	7134	including a distributee or ward, to the extent the court has ordered
7135	7135	distribution. (Tex. Prob. Code, Sec. 194, Subdiv. 9.)
7136	7136	Sec. 305.160. INCREASED OR ADDITIONAL BONDS IN CERTAIN
7137	7137	CIRCUMSTANCES. The provisions of this subchapter regarding the
7138	7138	deposit of cash and securities govern, to the extent the provisions
7139	7139	may be applicable, the court orders to be entered when:
7140	7140	(1) one of the following circumstances occurs:
7141	7141	(A) estate property has been authorized to be
7142	7142	sold or rented;
7143	7143	(B) money has been borrowed on estate property;
7144	7144	or
7145	7145	(C) real property, or an interest in real
7146	7146	property, has been authorized to be leased for mineral development
7147	7147	or subjected to unitization; and
7148	7148	(2) the general bond has been found to be
7149	7149	insufficient. (Tex. Prob. Code, Sec. 194, Subdiv. 14.)
7150	7150	[Sections 305.161-305.200 reserved for expansion]
7151	7151	SUBCHAPTER E. BOND SURETIES
7152	7152	Sec. 305.201. PERSONAL OR AUTHORIZED CORPORATE SURETIES.
7153	7153	(a) The surety or sureties on a bond may be personal or authorized
7154	7154	corporate sureties.
7155	7155	(b) A bond with sureties who are individuals must have at
7156	7156	least two sureties, each of whom must:
7157	7157	(1) execute an affidavit in the manner provided by
7158	7158	this subchapter; and
7159	7159	(2) own property in this state, excluding property
7160	7160	exempt by law, that the judge is satisfied is sufficient to qualify
7161	7161	the person as a surety as required by law.
7162	7162	(c) A bond with an authorized corporate surety is only
7163	7163	required to have one surety, except as provided by law. (Tex. Prob.
7164	7164	Code, Sec. 194, Subdivs. 10, 12 (part).)
7165	7165	Sec. 305.202. SURETIES FOR CERTAIN BONDS. (a) If the
7166	7166	amount of a bond exceeds $50,000, the court may require that the
7167	7167	bond be signed by:
7168	7168	(1) at least two authorized corporate sureties; or
7169	7169	(2) one authorized corporate surety and at least two
7170	7170	good and sufficient personal sureties.
7171	7171	(b) The estate shall pay the cost of a bond with corporate
7172	7172	sureties. (Tex. Prob. Code, Sec. 194, Subdiv. 11.)
7173	7173	Sec. 305.203. AFFIDAVIT OF PERSONAL SURETY. (a) Before a
7174	7174	judge may consider a bond with personal sureties, each person
7175	7175	offered as surety must execute an affidavit stating the amount by
7176	7176	which the person's assets that are reachable by creditors exceeds
7177	7177	the person's liabilities, and each affidavit must be presented to
7178	7178	the judge for consideration.
7179	7179	(b) The total worth of the personal sureties on a bond must
7180	7180	equal at least twice the amount of the bond.
7181	7181	(c) An affidavit presented to and approved by the judge
7182	7182	under this section shall be attached to and form part of the bond.
7183	7183	(Tex. Prob. Code, Sec. 201(a).)
7184	7184	Sec. 305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL
7185	7185	SURETIES. (a) If a judge finds that the estimated value of
7186	7186	personal property of the estate that cannot be deposited, as
7187	7187	provided by Subchapter D, is such that personal sureties cannot be
7188	7188	accepted without the creation of a specific lien on real property
7189	7189	owned by each of the sureties, the judge shall enter an order
7190	7190	requiring each surety to:
7191	7191	(1) designate real property that:
7192	7192	(A) is owned by the surety and located in this
7193	7193	state;
7194	7194	(B) is subject to execution; and
7195	7195	(C) has a value that exceeds all liens and unpaid
7196	7196	taxes by an amount at least equal to the amount of the bond; and
7197	7197	(2) give an adequate legal description of the real
7198	7198	property designated under Subdivision (1).
7199	7199	(b) The surety shall incorporate the information required
7200	7200	in the order under Subsection (a) in an affidavit. Following
7201	7201	approval by the judge, the affidavit shall be attached to and form
7202	7202	part of the bond.
7203	7203	(c) A lien arises as security for the performance of the
7204	7204	obligation of the bond only on the real property designated in the
7205	7205	affidavit.
7206	7206	(d) Before letters testamentary or of administration are
7207	7207	issued to the personal representative whose bond includes an
7208	7208	affidavit under this section, the court clerk shall mail a
7209	7209	statement to the office of the county clerk of each county in which
7210	7210	any real property designated in the affidavit is located. The
7211	7211	statement must be signed by the court clerk and include:
7212	7212	(1) a sufficient description of the real property
7213	7213	located in that county;
7214	7214	(2) the names of the principal and sureties on the
7215	7215	bond;
7216	7216	(3) the amount of the bond; and
7217	7217	(4) the name of the estate and court in which the bond
7218	7218	is given.
7219	7219	(e) Each county clerk who receives a statement required by
7220	7220	Subsection (d) shall record the statement in the county deed
7221	7221	records. Each recorded statement shall be indexed in a manner that
7222	7222	permits the convenient determination of the existence and character
7223	7223	of the liens described in the statements.
7224	7224	(f) The recording and indexing required by Subsection (e)
7225	7225	constitutes constructive notice to all persons regarding the
7226	7226	existence of the lien on real property located in the county,
7227	7227	effective as of the date of the indexing.
7228	7228	(g) If each personal surety subject to a court order under
7229	7229	this section does not comply with the order, the judge may require
7230	7230	that the bond be signed by:
7231	7231	(1) an authorized corporate surety; or
7232	7232	(2) an authorized corporate surety and at least two
7233	7233	personal sureties. (Tex. Prob. Code, Secs. 201(b), 202.)
7234	7234	Sec. 305.205. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED
7235	7235	BY PERSONAL SURETIES. (a) A personal surety required to create a
7236	7236	lien on specific real property under Section 305.204 who wishes to
7237	7237	lease the real property for mineral development may file a written
7238	7238	application in the court in which the proceedings are pending
7239	7239	requesting subordination of the lien to the proposed lease.
7240	7240	(b) The judge may enter an order granting the application.
7241	7241	(c) A certified copy of the order, filed and recorded in the
7242	7242	deed records of the proper county, is sufficient to subordinate the
7243	7243	lien to the rights of a lessee under the proposed lease. (Tex.
7244	7244	Prob. Code, Sec. 201(c).)
7245	7245	Sec. 305.206. RELEASE OF LIEN ON REAL PROPERTY OWNED BY
7246	7246	PERSONAL SURETIES. (a) A personal surety who has given a lien
7247	7247	under Section 305.204 may apply to the court to have the lien
7248	7248	released.
7249	7249	(b) The court shall order the lien released if:
7250	7250	(1) the court is satisfied that the bond is sufficient
7251	7251	without the lien; or
7252	7252	(2) sufficient other real or personal property of the
7253	7253	surety is substituted on the same terms required for the lien that
7254	7254	is to be released.
7255	7255	(c) If the personal surety does not offer a lien on other
7256	7256	substituted property under Subsection (b)(2) and the court is not
7257	7257	satisfied that the bond is sufficient without the substitution of
7258	7258	other property, the court shall order the personal representative
7259	7259	to appear and give a new bond.
7260	7260	(d) A certified copy of the court's order releasing the lien
7261	7261	and describing the property that was subject to the lien has the
7262	7262	effect of cancelling the lien if the order is filed with the county
7263	7263	clerk of the county in which the property is located and recorded in
7264	7264	the deed records of that county. (Tex. Prob. Code, Secs. 211, 212.)
7265	7265	Sec. 305.207. DEPOSITS BY PERSONAL SURETY. Instead of
7266	7266	executing an affidavit under Section 305.203 or creating a lien
7267	7267	under Section 305.204 when required, a personal surety may deposit
7268	7268	the surety's own cash or securities instead of pledging real
7269	7269	property as security. The deposit:
7270	7270	(1) must be made in the same manner a personal
7271	7271	representative deposits the representative's own cash or
7272	7272	securities; and
7273	7273	(2) is subject, to the extent applicable, to the
7274	7274	provisions governing the same type of deposits made by personal
7275	7275	representatives. (Tex. Prob. Code, Sec. 194, Subdiv. 12 (part).)
7276	7276	[Sections 305.208-305.250 reserved for expansion]
7277	7277	SUBCHAPTER F. NEW BONDS
7278	7278	Sec. 305.251. GROUNDS FOR REQUIRING NEW BOND. (a) A
7279	7279	personal representative may be required to give a new bond if:
7280	7280	(1) a surety on a bond dies, moves out of this state,
7281	7281	or becomes insolvent;
7282	7282	(2) in the court's opinion:
7283	7283	(A) the sureties on a bond are insufficient; or
7284	7284	(B) a bond is defective;
7285	7285	(3) the amount of a bond is insufficient;
7286	7286	(4) a surety on a bond petitions the court to be
7287	7287	discharged from future liability on the bond; or
7288	7288	(5) a bond and the record of the bond have been lost or
7289	7289	destroyed.
7290	7290	(b) Any person interested in the estate may have the
7291	7291	personal representative cited to appear and show cause why the
7292	7292	representative should not be required to give a new bond by filing a
7293	7293	written application with the county clerk of the county in which the
7294	7294	probate proceedings are pending. The application must allege that:
7295	7295	(1) the bond is insufficient or defective; or
7296	7296	(2) the bond and the record of the bond have been lost
7297	7297	or destroyed. (Tex. Prob. Code, Secs. 203, 204.)
7298	7298	Sec. 305.252. COURT ORDER OR CITATION ON NEW BOND. (a)
7299	7299	When a judge becomes aware that a bond is in any respect
7300	7300	insufficient or that a bond and the record of the bond have been
7301	7301	lost or destroyed, the judge shall:
7302	7302	(1) without delay and without notice enter an order
7303	7303	requiring the personal representative to give a new bond; or
7304	7304	(2) without delay have the representative cited to
7305	7305	show cause why the representative should not be required to give a
7306	7306	new bond.
7307	7307	(b) An order entered under Subsection (a)(1) must state:
7308	7308	(1) the reasons for requiring a new bond;
7309	7309	(2) the amount of the new bond; and
7310	7310	(3) the period within which the new bond must be given,
7311	7311	which may not be earlier than the 10th day after the date of the
7312	7312	order.
7313	7313	(c) A personal representative who opposes an order entered
7314	7314	under Subsection (a)(1) may demand a hearing on the order. The
7315	7315	hearing must be held before the expiration of the period within
7316	7316	which the new bond must be given. (Tex. Prob. Code, Secs. 205,
7317	7317	206(a).)
7318	7318	Sec. 305.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.
7319	7319	(a) On the return of a citation ordering a personal representative
7320	7320	to show cause why the representative should not be required to give
7321	7321	a new bond, the judge shall, on the date specified for the hearing
7322	7322	of the matter, inquire into the sufficiency of the reasons for
7323	7323	requiring a new bond.
7324	7324	(b) If the judge is satisfied that a new bond should be
7325	7325	required, the judge shall enter an order requiring a new bond. The
7326	7326	order must state:
7327	7327	(1) the amount of the new bond; and
7328	7328	(2) the period within which the new bond must be given,
7329	7329	which may not be later than the 20th day after the date of the order.
7330	7330	(Tex. Prob. Code, Sec. 206(b).)
7331	7331	Sec. 305.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An
7332	7332	order requiring a personal representative to give a new bond has the
7333	7333	effect of suspending the representative's powers.
7334	7334	(b) After the order is entered, the personal representative
7335	7335	may not pay out any of the estate's money or take any other official
7336	7336	action, except to preserve estate property, until the new bond is
7337	7337	given and approved. (Tex. Prob. Code, Sec. 207.)
7338	7338	Sec. 305.255. NEW BOND IN DECREASED AMOUNT. (a) A personal
7339	7339	representative required to give a bond may at any time file with the
7340	7340	clerk a written application requesting that the court reduce the
7341	7341	amount of the bond.
7342	7342	(b) On the filing of an application under Subsection (a),
7343	7343	the clerk shall promptly issue and have notice posted to all
7344	7344	interested persons and the sureties on the bond. The notice must
7345	7345	inform the interested persons and sureties of:
7346	7346	(1) the fact that the application has been filed;
7347	7347	(2) the nature of the application; and
7348	7348	(3) the time the judge will hear the application.
7349	7349	(c) The judge may permit the filing of a new bond in a
7350	7350	reduced amount if:
7351	7351	(1) proof is submitted that a bond in an amount less
7352	7352	than the bond in effect will be adequate to meet the requirements of
7353	7353	law and protect the estate; and
7354	7354	(2) the judge approves an accounting filed at the time
7355	7355	of the application. (Tex. Prob. Code, Sec. 208.)
7356	7356	Sec. 305.256. REQUEST BY SURETY FOR NEW BOND. (a) A surety
7357	7357	on a bond may at any time file with the clerk a petition requesting
7358	7358	that the court in which the proceedings are pending:
7359	7359	(1) require the personal representative to give a new
7360	7360	bond; and
7361	7361	(2) discharge the petitioner from all liability for
7362	7362	the future acts of the representative.
7363	7363	(b) On the filing of a petition under Subsection (a), the
7364	7364	personal representative shall be cited to appear and give a new
7365	7365	bond. (Tex. Prob. Code, Sec. 210.)
7366	7366	Sec. 305.257. DISCHARGE OF FORMER SURETIES ON EXECUTION OF
7367	7367	NEW BOND. When a new bond has been given and approved, the court
7368	7368	shall enter an order discharging the sureties on the former bond
7369	7369	from all liability for the future acts of the principal on the bond.
7370	7370	(Tex. Prob. Code, Sec. 209.)
7371	7371	CHAPTER 306. GRANTING AND
7372	7372	ISSUANCE OF LETTERS
7373	7373	Sec. 306.001. GRANTING OF LETTERS TESTAMENTARY
7374	7374	Sec. 306.002. GRANTING OF LETTERS OF ADMINISTRATION
7375	7375	Sec. 306.003. ORDER GRANTING LETTERS
7376	7376	Sec. 306.004. ISSUANCE OF ORIGINAL LETTERS
7377	7377	Sec. 306.005. FORM AND CONTENT OF LETTERS
7378	7378	Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS
7379	7379	Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE
7380	7380	CHAPTER 306. GRANTING AND
7381	7381	ISSUANCE OF LETTERS
7382	7382	Sec. 306.001. GRANTING OF LETTERS TESTAMENTARY. (a)
7383	7383	Before the 21st day after the date a will has been probated, the
7384	7384	court shall grant letters testamentary, if permitted by law, to
7385	7385	each executor appointed by the will who:
7386	7386	(1) is not disqualified; and
7387	7387	(2) is willing to accept the trust and qualify
7388	7388	according to law.
7389	7389	(b) Failure of the court to issue letters testamentary
7390	7390	within the period prescribed by this section does not affect the
7391	7391	validity of any letters testamentary issued in accordance with law
7392	7392	after that period. (Tex. Prob. Code, Secs. 178(a), (c).)
7393	7393	Sec. 306.002. GRANTING OF LETTERS OF ADMINISTRATION. (a)
7394	7394	Subject to Subsection (b), the court hearing an application under
7395	7395	Chapter 301 shall grant:
7396	7396	(1) the administration of a decedent's estate if the
7397	7397	decedent died intestate; or
7398	7398	(2) the administration of the decedent's estate with
7399	7399	the will annexed if the decedent died leaving a will but:
7400	7400	(A) the will does not name an executor; or
7401	7401	(B) the executor named in the will:
7402	7402	(i) is deceased;
7403	7403	(ii) fails to accept and qualify before the
7404	7404	21st day after the date the will is probated; or
7405	7405	(iii) fails to present the will for probate
7406	7406	before the 31st day after the date of the decedent's death and the
7407	7407	court finds there was no good cause for that failure.
7408	7408	(b) The court may not grant any administration of an estate
7409	7409	unless a necessity for the administration exists, as determined by
7410	7410	the court.
7411	7411	(c) The court may find other instances of necessity for an
7412	7412	administration based on proof before the court, but a necessity is
7413	7413	considered to exist if:
7414	7414	(1) there are two or more debts against the estate;
7415	7415	(2) there is a desire for the county court to partition
7416	7416	the estate among the distributees; or
7417	7417	(3) the administration is necessary to receive or
7418	7418	recover funds or other property due the estate. (Tex. Prob. Code,
7419	7419	Sec. 178(b).)
7420	7420	Sec. 306.003. ORDER GRANTING LETTERS. When letters
7421	7421	testamentary or of administration are granted, the court shall
7422	7422	enter an order to that effect stating:
7423	7423	(1) the name of the decedent;
7424	7424	(2) the name of the person to whom the letters are
7425	7425	granted;
7426	7426	(3) the amount of any required bond;
7427	7427	(4) the name of at least one but not more than three
7428	7428	disinterested persons appointed to appraise the estate and return
7429	7429	the appraisement to the court, if:
7430	7430	(A) any interested person applies to the court
7431	7431	for the appointment of an appraiser; or
7432	7432	(B) the court considers an appraisement to be
7433	7433	necessary; and
7434	7434	(5) that the clerk shall issue letters in accordance
7435	7435	with the order when the person to whom the letters are granted has
7436	7436	qualified according to law. (Tex. Prob. Code, Sec. 181.)
7437	7437	Sec. 306.004. ISSUANCE OF ORIGINAL LETTERS. When an
7438	7438	executor or administrator has qualified in the manner required by
7439	7439	law, the clerk of the court granting the letters testamentary or of
7440	7440	administration shall promptly issue and deliver the letters to the
7441	7441	executor or administrator. If more than one person qualifies as
7442	7442	executor or administrator, the clerk shall issue the letters to
7443	7443	each person who qualifies. (Tex. Prob. Code, Sec. 182.)
7444	7444	Sec. 306.005. FORM AND CONTENT OF LETTERS. Letters
7445	7445	testamentary or of administration shall be in the form of a
7446	7446	certificate of the clerk of the court granting the letters,
7447	7447	attested by the court's seal, that states:
7448	7448	(1) the executor or administrator, as applicable, has
7449	7449	qualified as executor or administrator in the manner required by
7450	7450	law;
7451	7451	(2) the date of the qualification; and
7452	7452	(3) the name of the decedent. (Tex. Prob. Code, Sec.
7453	7453	183.)
7454	7454	Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS.
7455	7455	When letters testamentary or of administration have been destroyed
7456	7456	or lost, the clerk shall issue other letters to replace the original
7457	7457	letters, which have the same effect as the original letters. The
7458	7458	clerk shall also issue any number of letters as and when requested
7459	7459	by the person or persons who hold the letters. (Tex. Prob. Code,
7460	7460	Sec. 187.)
7461	7461	Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE. Letters
7462	7462	testamentary or of administration or a certificate of the clerk of
7463	7463	the court that granted the letters, under the court's seal,
7464	7464	indicating that the letters have been issued, is sufficient
7465	7465	evidence of:
7466	7466	(1) the appointment and qualification of the personal
7467	7467	representative of an estate; and
7468	7468	(2) the date of qualification. (Tex. Prob. Code, Sec.
7469	7469	186.)
7470	7470	CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND ADMINISTRATORS
7471	7471	ADMINISTRATORS
7472	7472	Sec. 307.001. RIGHTS OF GOOD FAITH PURCHASERS
7473	7473	Sec. 307.002. JOINT EXECUTORS OR ADMINISTRATORS
7474	7474	CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND
7475	7475	ADMINISTRATORS
7476	7476	Sec. 307.001. RIGHTS OF GOOD FAITH PURCHASERS. (a) This
7477	7477	section applies only to an act performed by a qualified executor or
7478	7478	administrator in that capacity and in conformity with the law and
7479	7479	the executor's or administrator's authority.
7480	7480	(b) An act continues to be valid for all intents and
7481	7481	purposes in regard to the rights of an innocent purchaser who
7482	7482	purchases any of the estate property from the executor or
7483	7483	administrator for valuable consideration, in good faith, and
7484	7484	without notice of any illegality in the title to the property, even
7485	7485	if the act or the authority under which the act was performed is
7486	7486	subsequently set aside, annulled, and declared invalid. (Tex.
7487	7487	Prob. Code, Sec. 188.)
7488	7488	Sec. 307.002. JOINT EXECUTORS OR ADMINISTRATORS. (a)
7489	7489	Except as provided by Subsection (b), if there is more than one
7490	7490	executor or administrator of an estate at the same time, the acts of
7491	7491	one of the executors or administrators in that capacity are valid as
7492	7492	if all the executors or administrators had acted jointly. If one of
7493	7493	the executors or administrators dies, resigns, or is removed, a
7494	7494	co-executor or co-administrator of the estate shall proceed with
7495	7495	the administration as if the death, resignation, or removal had not
7496	7496	occurred.
7497	7497	(b) If there is more than one executor or administrator of
7498	7498	an estate at the same time, all of the qualified executors or
7499	7499	administrators who are acting in that capacity must join in the
7500	7500	conveyance of real estate unless the court, after due hearing,
7501	7501	authorizes fewer than all to act. (Tex. Prob. Code, Sec. 240.)
7502	7502	CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
7503	7503	SUBCHAPTER A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF WILL
7504	7504	WILL
7505	7505	Sec. 308.001. DEFINITION
7506	7506	Sec. 308.002. REQUIRED NOTICE TO CERTAIN BENEFICIARIES
7507	7507	AFTER PROBATE OF WILL
7508	7508	Sec. 308.003. CONTENTS OF NOTICE
7509	7509	Sec. 308.004. AFFIDAVIT OR CERTIFICATE
7510	7510	[Sections 308.005-308.050 reserved for expansion]
7511	7511	SUBCHAPTER B. NOTICE TO CLAIMANTS
7512	7512	Sec. 308.051. REQUIRED NOTICE REGARDING PRESENTMENT OF
7513	7513	CLAIMS IN GENERAL
7514	7514	Sec. 308.052. PROOF OF PUBLICATION
7515	7515	Sec. 308.053. REQUIRED NOTICE TO SECURED CREDITOR
7516	7516	Sec. 308.054. PERMISSIVE NOTICE TO UNSECURED CREDITOR
7517	7517	Sec. 308.055. ONE NOTICE SUFFICIENT
7518	7518	Sec. 308.056. LIABILITY FOR FAILURE TO GIVE REQUIRED
7519	7519	NOTICE
7520	7520	CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
7521	7521	SUBCHAPTER A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF
7522	7522	WILL
7523	7523	Sec. 308.001. DEFINITION. In this subchapter,
7524	7524	"beneficiary" means a person, entity, state, governmental agency of
7525	7525	the state, charitable organization, or trust entitled to receive
7526	7526	property under the terms of a decedent's will, to be determined for
7527	7527	purposes of this subchapter with the assumption that each person
7528	7528	who is alive on the date of the decedent's death survives any period
7529	7529	required to receive the bequest as specified by the terms of the
7530	7530	will. (Tex. Prob. Code, Sec. 128A(a), as amended Ch. 801, Acts 80th
7531	7531	Leg., R.S., 2007.)
7532	7532	Sec. 308.002. REQUIRED NOTICE TO CERTAIN BENEFICIARIES
7533	7533	AFTER PROBATE OF WILL. (a) Except as provided by Subsection (c),
7534	7534	not later than the 60th day after the date of an order admitting a
7535	7535	decedent's will to probate, the personal representative of the
7536	7536	decedent's estate, including an independent executor or
7537	7537	independent administrator, shall give notice that complies with
7538	7538	Section 308.003 to each beneficiary named in the will whose
7539	7539	identity and address are known to the representative or, through
7540	7540	reasonable diligence, can be ascertained. If, after the 60th day
7541	7541	after the date of the order, the representative becomes aware of the
7542	7542	identity and address of a beneficiary who was not given notice on or
7543	7543	before the 60th day, the representative shall give the notice as
7544	7544	soon as possible after becoming aware of that information.
7545	7545	(b) Notwithstanding the requirement under Subsection (a)
7546	7546	that the personal representative give the notice to the
7547	7547	beneficiary, the representative shall give the notice with respect
7548	7548	to a beneficiary described by this subsection as follows:
7549	7549	(1) if the beneficiary is a trust, to the trustee,
7550	7550	unless the representative is the trustee, in which case the
7551	7551	representative shall give the notice to the person or class of
7552	7552	persons first eligible to receive the trust income, to be
7553	7553	determined for purposes of this subdivision as if the trust were in
7554	7554	existence on the date of the decedent's death;
7555	7555	(2) if the beneficiary has a court-appointed guardian
7556	7556	or conservator, to that guardian or conservator;
7557	7557	(3) if the beneficiary is a minor for whom no guardian
7558	7558	or conservator has been appointed, to a parent of the minor; and
7559	7559	(4) if the beneficiary is a charity that for any reason
7560	7560	cannot be notified, to the attorney general.
7561	7561	(c) A personal representative is not required to give the
7562	7562	notice otherwise required by this section to a beneficiary who:
7563	7563	(1) made an appearance in the proceeding with respect
7564	7564	to the decedent's estate before the will was admitted to probate; or
7565	7565	(2) received a copy of the will that was admitted to
7566	7566	probate and waived the right to receive the notice in an instrument
7567	7567	that:
7568	7568	(A) acknowledges the receipt of the copy of the
7569	7569	will;
7570	7570	(B) is signed by the beneficiary; and
7571	7571	(C) is filed with the court.
7572	7572	(d) The notice required by this section must be sent by
7573	7573	registered or certified mail, return receipt requested. (Tex.
7574	7574	Prob. Code, Secs. 128A(b), (c), (d), (f).)
7575	7575	Sec. 308.003. CONTENTS OF NOTICE. The notice required by
7576	7576	Section 308.002 must:
7577	7577	(1) state:
7578	7578	(A) the name and address of the beneficiary to
7579	7579	whom the notice is given or, for a beneficiary described by Section
7580	7580	308.002(b), the name and address of the beneficiary for whom the
7581	7581	notice is given and of the person to whom the notice is given;
7582	7582	(B) the decedent's name;
7583	7583	(C) that the decedent's will has been admitted to
7584	7584	probate;
7585	7585	(D) that the beneficiary to whom or for whom the
7586	7586	notice is given is named as a beneficiary in the will; and
7587	7587	(E) the personal representative's name and
7588	7588	contact information; and
7589	7589	(2) contain as attachments a copy of the will admitted
7590	7590	to probate and of the order admitting the will to probate. (Tex.
7591	7591	Prob. Code, Sec. 128A(e).)
7592	7592	Sec. 308.004. AFFIDAVIT OR CERTIFICATE. (a) Not later than
7593	7593	the 90th day after the date of an order admitting a will to probate,
7594	7594	the personal representative shall file with the clerk of the court
7595	7595	in which the decedent's estate is pending a sworn affidavit of the
7596	7596	representative or a certificate signed by the representative's
7597	7597	attorney stating:
7598	7598	(1) for each beneficiary to whom notice was required
7599	7599	to be given under this subchapter, the name and address of the
7600	7600	beneficiary to whom the representative gave the notice or, for a
7601	7601	beneficiary described by Section 308.002(b), the name and address
7602	7602	of the beneficiary and of the person to whom the notice was given;
7603	7603	(2) the name and address of each beneficiary who filed
7604	7604	a waiver of the notice;
7605	7605	(3) the name of each beneficiary whose identity or
7606	7606	address could not be ascertained despite the representative's
7607	7607	exercise of reasonable diligence; and
7608	7608	(4) any other information necessary to explain the
7609	7609	representative's inability to give the notice to or for any
7610	7610	beneficiary as required by this subchapter.
7611	7611	(b) The affidavit or certificate required by Subsection (a)
7612	7612	may be included with any pleading or other document filed with the
7613	7613	court clerk, including the inventory, appraisement, and list of
7614	7614	claims or an application for an extension of the deadline to file
7615	7615	the inventory, appraisement, and list of claims, provided that the
7616	7616	pleading or other document is filed not later than the date the
7617	7617	affidavit or certificate is required to be filed under Subsection
7618	7618	(a). (Tex. Prob. Code, Secs. 128A(g), (h).)
7619	7619	[Sections 308.005-308.050 reserved for expansion]
7620	7620	SUBCHAPTER B. NOTICE TO CLAIMANTS
7621	7621	Sec. 308.051. REQUIRED NOTICE REGARDING PRESENTMENT OF
7622	7622	CLAIMS IN GENERAL. (a) Within one month after receiving letters
7623	7623	testamentary or of administration, a personal representative of an
7624	7624	estate shall provide notice requiring each person who has a claim
7625	7625	against the estate to present the claim within the period
7626	7626	prescribed by law by:
7627	7627	(1) having the notice published in a newspaper printed
7628	7628	in the county in which the letters were issued; and
7629	7629	(2) if the decedent remitted or should have remitted
7630	7630	taxes administered by the comptroller, sending the notice to the
7631	7631	comptroller by certified or registered mail.
7632	7632	(b) Notice provided under Subsection (a) must include:
7633	7633	(1) the date the letters testamentary or of
7634	7634	administration were issued to the personal representative;
7635	7635	(2) the address to which a claim may be presented; and
7636	7636	(3) an instruction of the representative's choice that
7637	7637	the claim be addressed in care of:
7638	7638	(A) the representative;
7639	7639	(B) the representative's attorney; or
7640	7640	(C) "Representative, Estate of __________"
7641	7641	(naming the estate).
7642	7642	(c) If a newspaper is not printed in the county in which the
7643	7643	letters testamentary or of administration were issued, the notice
7644	7644	must be posted and the return made and filed as otherwise required
7645	7645	by this title. (Tex. Prob. Code, Secs. 294(a), (c).)
7646	7646	Sec. 308.052. PROOF OF PUBLICATION. A copy of the published
7647	7647	notice required by Section 308.051(a)(1), together with the
7648	7648	publisher's affidavit, sworn to and subscribed before a proper
7649	7649	officer, to the effect that the notice was published as provided in
7650	7650	this title for the service of citation or notice by publication,
7651	7651	shall be filed in the court in which the cause is pending. (Tex.
7652	7652	Prob. Code, Sec. 294(b).)
7653	7653	Sec. 308.053. REQUIRED NOTICE TO SECURED CREDITOR. (a)
7654	7654	Within two months after receiving letters testamentary or of
7655	7655	administration, a personal representative of an estate shall give
7656	7656	notice of the issuance of the letters to each person the
7657	7657	representative knows to have a claim for money against the estate
7658	7658	that is secured by estate property.
7659	7659	(b) Within a reasonable period after a personal
7660	7660	representative obtains actual knowledge of the existence of a
7661	7661	person who has a secured claim for money against the estate and to
7662	7662	whom notice was not previously given, the representative shall give
7663	7663	notice to the person of the issuance of the letters testamentary or
7664	7664	of administration.
7665	7665	(c) Notice provided under this section must be:
7666	7666	(1) sent by certified or registered mail, return
7667	7667	receipt requested; and
7668	7668	(2) addressed to the record holder of the claim at the
7669	7669	record holder's last known post office address.
7670	7670	(d) The following shall be filed with the clerk of the court
7671	7671	in which the letters testamentary or of administration were issued:
7672	7672	(1) a copy of each notice and of each return receipt;
7673	7673	and
7674	7674	(2) the personal representative's affidavit stating:
7675	7675	(A) that the notice was mailed as required by
7676	7676	law; and
7677	7677	(B) the name of the person to whom the notice was
7678	7678	mailed, if that name is not shown on the notice or receipt. (Tex.
7679	7679	Prob. Code, Sec. 295.)
7680	7680	Sec. 308.054. PERMISSIVE NOTICE TO UNSECURED CREDITOR. (a)
7681	7681	At any time before an estate administration is closed, a personal
7682	7682	representative may give notice by certified or registered mail,
7683	7683	return receipt requested, to an unsecured creditor who has a claim
7684	7684	for money against the estate.
7685	7685	(b) Notice given under Subsection (a) must:
7686	7686	(1) expressly state that the creditor must present the
7687	7687	claim within four months after the date of the receipt of the notice
7688	7688	or the claim is barred, if the claim is not barred by the general
7689	7689	statutes of limitation; and
7690	7690	(2) include:
7691	7691	(A) the date the letters testamentary or of
7692	7692	administration held by the personal representative were issued to
7693	7693	the representative;
7694	7694	(B) the address to which the claim may be
7695	7695	presented; and
7696	7696	(C) an instruction of the representative's
7697	7697	choice that the claim be addressed in care of:
7698	7698	(i) the representative;
7699	7699	(ii) the representative's attorney; or
7700	7700	(iii) "Representative, Estate of _______"
7701	7701	(naming the estate). (Tex. Prob. Code, Sec. 294(d).)
7702	7702	Sec. 308.055. ONE NOTICE SUFFICIENT. A personal
7703	7703	representative is not required to give a notice required by Section
7704	7704	308.051 or 308.053 if another person also appointed as personal
7705	7705	representative of the estate or a former personal representative of
7706	7706	the estate has given that notice. (Tex. Prob. Code, Sec. 296.)
7707	7707	Sec. 308.056. LIABILITY FOR FAILURE TO GIVE REQUIRED
7708	7708	NOTICE. A personal representative who fails to give a notice
7709	7709	required by Section 308.051 or 308.053, or to cause the notice to be
7710	7710	given, and the sureties on the representative's bond are liable for
7711	7711	any damage a person suffers due to that neglect, unless it appears
7712	7712	that the person otherwise had notice. (Tex. Prob. Code, Sec. 297.)
7713	7713	CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7714	7714	SUBCHAPTER A. APPRAISERS
7715	7715	Sec. 309.001. APPOINTMENT OF APPRAISERS
7716	7716	Sec. 309.002. APPRAISERS' FEES
7717	7717	Sec. 309.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS
7718	7718	[Sections 309.004-309.050 reserved for expansion]
7719	7719	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7720	7720	OF CLAIMS
7721	7721	Sec. 309.051. INVENTORY AND APPRAISEMENT
7722	7722	Sec. 309.052. LIST OF CLAIMS
7723	7723	Sec. 309.053. AFFIDAVIT OF PERSONAL REPRESENTATIVE
7724	7724	Sec. 309.054. APPROVAL OR DISAPPROVAL BY THE COURT
7725	7725	Sec. 309.055. FAILURE OF JOINT PERSONAL
7726	7726	APPRAISEMENT, AND LIST OF CLAIMS
7727	7727	[Sections 309.056-309.100 reserved for expansion]
7728	7728	SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7729	7729	CLAIMS
7730	7730	Sec. 309.101. DISCOVERY OF ADDITIONAL PROPERTY OR
7731	7731	CLAIMS
7732	7732	Sec. 309.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR
7733	7733	LIST OF CLAIMS
7734	7734	Sec. 309.103. CORRECTION OF INVENTORY, APPRAISEMENT,
7735	7735	UNJUST ITEM
7736	7736	Sec. 309.104. REAPPRAISEMENT
7737	7737	[Sections 309.105-309.150 reserved for expansion]
7738	7738	SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS EVIDENCE
7739	7739	EVIDENCE
7740	7740	Sec. 309.151. USE OF INVENTORY, APPRAISEMENT, AND LIST
7741	7741	OF CLAIMS AS EVIDENCE
7742	7742	CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7743	7743	SUBCHAPTER A. APPRAISERS
7744	7744	Sec. 309.001. APPOINTMENT OF APPRAISERS. (a) At any time
7745	7745	after letters testamentary or of administration are granted, the
7746	7746	court, for good cause, on the court's own motion or on the motion of
7747	7747	an interested party shall appoint at least one but not more than
7748	7748	three disinterested persons who are residents of the county in
7749	7749	which the letters were granted to appraise the estate property.
7750	7750	(b) At any time after letters testamentary or of
7751	7751	administration are granted, the court, for good cause shown, on the
7752	7752	court's own motion or on the motion of an interested person shall
7753	7753	appoint at least one but not more than three disinterested persons
7754	7754	who are residents of the county in which the letters were granted to
7755	7755	appraise the estate property.
7756	7756	(c) If the court makes an appointment under Subsection (a)
7757	7757	or (b) and part of the estate is located in a county other than the
7758	7758	county in which the letters were granted, the court, if the court
7759	7759	considers necessary, may appoint at least one but not more than
7760	7760	three disinterested persons who are residents of the county in
7761	7761	which the relevant part of the estate is located to appraise the
7762	7762	estate property located in that county. (Tex. Prob. Code, Sec. 248,
7763	7763	as amended Acts 79th Leg., R.S., Chs. 701, 765.)
7764	7764	Sec. 309.002. APPRAISERS' FEES. An appraiser appointed by
7765	7765	the court as herein authorized is entitled to receive compensation,
7766	7766	payable out of the estate, of at least $5 for each day the appraiser
7767	7767	actually serves in performing the appraiser's duties. (Tex. Prob.
7768	7768	Code, Sec. 253.)
7769	7769	Sec. 309.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS. If
7770	7770	an appraiser appointed under Section 309.001 fails or refuses to
7771	7771	act, the court by one or more similar orders shall remove the
7772	7772	appraiser and appoint one or more other appraisers, as the case
7773	7773	requires. (Tex. Prob. Code, Sec. 249.)
7774	7774	[Sections 309.004-309.050 reserved for expansion]
7775	7775	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
7776	7776	OF CLAIMS
7777	7777	Sec. 309.051. INVENTORY AND APPRAISEMENT. (a) Except as
7778	7778	provided by Subsection (c) or unless a longer period is granted by
7779	7779	the court, before the 91st day after the date the personal
7780	7780	representative qualifies, the representative shall file with the
7781	7781	court clerk a single written instrument that contains a verified,
7782	7782	full, and detailed inventory of all estate property that has come
7783	7783	into the representative's possession or of which the representative
7784	7784	has knowledge. The inventory must:
7785	7785	(1) include:
7786	7786	(A) all estate real property located in this
7787	7787	state; and
7788	7788	(B) all estate personal property regardless of
7789	7789	where the property is located; and
7790	7790	(2) specify:
7791	7791	(A) which portion of the property, if any, is
7792	7792	separate property and which, if any, is community property; and
7793	7793	(B) if estate property is owned in common with
7794	7794	others, the interest of the estate in that property and the names
7795	7795	and relationship, if known, of the co-owners.
7796	7796	(b) The personal representative shall:
7797	7797	(1) set out in the inventory the representative's
7798	7798	appraisement of the fair market value on the date of the decedent's
7799	7799	death of each item in the inventory; or
7800	7800	(2) if the court has appointed one or more appraisers
7801	7801	for the estate under Subchapter A:
7802	7802	(A) determine the fair market value of each item
7803	7803	in the inventory with the assistance of the appraiser or
7804	7804	appraisers; and
7805	7805	(B) set out that appraisement in the inventory.
7806	7806	(c) The court for good cause shown may require the personal
7807	7807	representative to file the inventory and appraisement within a
7808	7808	shorter period than the period prescribed by Subsection (a).
7809	7809	(d) The inventory, when approved by the court and filed with
7810	7810	the court clerk, is for all purposes the inventory and appraisement
7811	7811	of the estate referred to in this title. (Tex. Prob. Code, Sec.
7812	7812	250.)
7813	7813	Sec. 309.052. LIST OF CLAIMS. A complete list of claims due
7814	7814	or owing to the estate must be attached to the inventory and
7815	7815	appraisement required by Section 309.051. The list of claims must
7816	7816	state:
7817	7817	(1) the name and, if known, address of each person
7818	7818	indebted to the estate; and
7819	7819	(2) regarding each claim:
7820	7820	(A) the nature of the debt, whether by note,
7821	7821	bill, bond, or other written obligation, or by account or verbal
7822	7822	contract;
7823	7823	(B) the date the debt was incurred;
7824	7824	(C) the date the debt was or is due;
7825	7825	(D) the amount of the claim, the rate of interest
7826	7826	on the claim, and the period for which the claim bears interest;
7827	7827	(E) whether the claim is separate property or
7828	7828	community property; and
7829	7829	(F) if any portion of the claim is held in common
7830	7830	with others, the interest of the estate in the claim and the names
7831	7831	and relationships, if any, of the other part owners. (Tex. Prob.
7832	7832	Code, Sec. 251.)
7833	7833	Sec. 309.053. AFFIDAVIT OF PERSONAL REPRESENTATIVE. The
7834	7834	personal representative shall attach to the inventory,
7835	7835	appraisement, and list of claims the representative's affidavit,
7836	7836	subscribed and sworn to before an officer in the county authorized
7837	7837	by law to administer oaths, that the inventory, appraisement, and
7838	7838	list of claims are a true and complete statement of the property and
7839	7839	claims of the estate of which the representative has knowledge.
7840	7840	(Tex. Prob. Code, Sec. 252.)
7841	7841	Sec. 309.054. APPROVAL OR DISAPPROVAL BY THE COURT. (a) On
7842	7842	the filing of the inventory, appraisement, and list of claims with
7843	7843	the court clerk, the judge shall examine and approve or disapprove
7844	7844	the inventory, appraisement, and list of claims.
7845	7845	(b) If the judge approves the inventory, appraisement, and
7846	7846	list of claims, the judge shall enter an order to that effect.
7847	7847	(c) If the judge does not approve the inventory,
7848	7848	appraisement, or list of claims, the judge:
7849	7849	(1) shall enter an order to that effect requiring the
7850	7850	filing of another inventory, appraisement, or list of claims,
7851	7851	whichever is not approved, within a period specified in the order
7852	7852	not to exceed 20 days after the date the order is entered; and
7853	7853	(2) may, if considered necessary, appoint new
7854	7854	appraisers. (Tex. Prob. Code, Sec. 255.)
7855	7855	Sec. 309.055. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO
7856	7856	FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) If more than
7857	7857	one personal representative qualifies to serve, any one or more of
7858	7858	the representatives, on the neglect of the other representatives,
7859	7859	may make and file an inventory, appraisement, and list of claims.
7860	7860	(b) A personal representative who neglects to make or file
7861	7861	an inventory, appraisement, and list of claims may not interfere
7862	7862	with and does not have any power over the estate after another
7863	7863	representative makes and files an inventory, appraisement, and list
7864	7864	of claims.
7865	7865	(c) The personal representative who files the inventory,
7866	7866	appraisement, and list of claims is entitled to the whole
7867	7867	administration unless, before the 61st day after the date the
7868	7868	representative files the inventory, appraisement, and list of
7869	7869	claims, one or more delinquent representatives file with the court
7870	7870	a written, sworn, and reasonable excuse that the court considers
7871	7871	satisfactory. The court shall enter an order removing one or more
7872	7872	delinquent representatives and revoking those representatives'
7873	7873	letters if:
7874	7874	(1) an excuse is not filed; or
7875	7875	(2) the court does not consider the filed excuse
7876	7876	sufficient. (Tex. Prob. Code, Sec. 260.)
7877	7877	[Sections 309.056-309.100 reserved for expansion]
7878	7878	SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF
7879	7879	CLAIMS
7880	7880	Sec. 309.101. DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.
7881	7881	If after the filing of the inventory, appraisement, and list of
7882	7882	claims the personal representative acquires possession or
7883	7883	knowledge of property or claims of the estate not included in the
7884	7884	inventory, appraisement, and list of claims the representative
7885	7885	shall promptly file with the court clerk a verified, full, and
7886	7886	detailed supplemental inventory, appraisement, and list of claims.
7887	7887	(Tex. Prob. Code, Sec. 256.)
7888	7888	Sec. 309.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST
7889	7889	OF CLAIMS. (a) On the written complaint of any interested person
7890	7890	that property or claims of the estate have not been included in the
7891	7891	filed inventory, appraisement, and list of claims, the personal
7892	7892	representative shall be cited to appear before the court in which
7893	7893	the cause is pending and show cause why the representative should
7894	7894	not be required to make and file an additional inventory and
7895	7895	appraisement or list of claims, or both, as applicable.
7896	7896	(b) After hearing the complaint, if the court is satisfied
7897	7897	of the truth of the complaint, the court shall enter an order
7898	7898	requiring the personal representative to make and file an
7899	7899	additional inventory and appraisement or list of claims, or both,
7900	7900	as applicable. The additional inventory and appraisement or list
7901	7901	of claims:
7902	7902	(1) must be made and filed in the same manner as the
7903	7903	original inventory and appraisement or list of claims within the
7904	7904	period prescribed by the court, not to exceed 20 days after the date
7905	7905	the order is entered; and
7906	7906	(2) may include only property or claims not previously
7907	7907	included in the inventory and appraisement or list of claims. (Tex.
7908	7908	Prob. Code, Sec. 257.)
7909	7909	Sec. 309.103. CORRECTION OF INVENTORY, APPRAISEMENT, OR
7910	7910	LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM. (a) Any interested
7911	7911	person who considers an inventory, appraisement, or list of claims
7912	7912	filed for the estate to be erroneous or unjust in any particular
7913	7913	may:
7914	7914	(1) file a written complaint setting forth the alleged
7915	7915	erroneous or unjust item; and
7916	7916	(2) have the personal representative cited to appear
7917	7917	before the court and show cause why the item should not be
7918	7918	corrected.
7919	7919	(b) On the hearing of the complaint, if the court is
7920	7920	satisfied from the evidence that the inventory, appraisement, or
7921	7921	list of claims is erroneous or unjust as alleged in the complaint,
7922	7922	the court shall enter an order:
7923	7923	(1) specifying the erroneous or unjust item and the
7924	7924	corrections to be made; and
7925	7925	(2) appointing appraisers to make a new appraisement
7926	7926	correcting the erroneous or unjust item and requiring the filing of
7927	7927	the new appraisement before the 21st day after the date of the
7928	7928	order.
7929	7929	(c) The court on the court's own motion or that of the
7930	7930	personal representative may also have a new appraisement made for
7931	7931	the purposes described by this section. (Tex. Prob. Code, Sec.
7932	7932	258.)
7933	7933	Sec. 309.104. REAPPRAISEMENT. (a) A reappraisement made,
7934	7934	filed, and approved by the court replaces the original
7935	7935	appraisement. Not more than one reappraisement may be made.
7936	7936	(b) Notwithstanding Subsection (a), an interested person
7937	7937	may object to a reappraisement regardless of whether the court has
7938	7938	approved the reappraisement. If the court finds that the
7939	7939	reappraisement is erroneous or unjust, the court shall appraise the
7940	7940	property on the basis of the evidence before the court. (Tex. Prob.
7941	7941	Code, Sec. 259.)
7942	7942	[Sections 309.105-309.150 reserved for expansion]
7943	7943	SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS
7944	7944	EVIDENCE
7945	7945	Sec. 309.151. USE OF INVENTORY, APPRAISEMENT, AND LIST OF
7946	7946	CLAIMS AS EVIDENCE. Each inventory, appraisement, and list of
7947	7947	claims that has been made, filed, and approved in accordance with
7948	7948	law, the record of the inventory, appraisement, and list of claims,
7949	7949	or a copy of an original or the record that has been certified under
7950	7950	the seal of the county court affixed by the clerk:
7951	7951	(1) may be given in evidence in any court of this state
7952	7952	in any suit by or against the personal representative; and
7953	7953	(2) is not conclusive for or against the
7954	7954	representative if it is shown that:
7955	7955	(A) any property or claim of the estate is not
7956	7956	shown in the originals, the record, or the copies; or
7957	7957	(B) the value of the property or claim of the
7958	7958	estate exceeded the value shown in the appraisement or list of
7959	7959	claims. (Tex. Prob. Code, Sec. 261.)
7960	7960	CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
7961	7961	Sec. 310.001. DEFINITION
7962	7962	Sec. 310.002. APPLICABILITY OF OTHER LAW
7963	7963	Sec. 310.003. ALLOCATION OF EXPENSES
7964	7964	Sec. 310.004. INCOME DETERMINATION AND DISTRIBUTION
7965	7965	Sec. 310.005. TREATMENT OF INCOME RECEIVED BY TRUSTEE
7966	7966	Sec. 310.006. FREQUENCY AND METHOD OF DETERMINING
7967	7967	INTERESTS IN CERTAIN ESTATE ASSETS
7968	7968	CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
7969	7969	Sec. 310.001. DEFINITION. In this chapter, "undistributed
7970	7970	assets" includes funds used to pay debts, administration expenses,
7971	7971	and federal and state estate, inheritance, succession, and
7972	7972	generation-skipping transfer taxes until the date the debts,
7973	7973	expenses, and taxes are paid. (Tex. Prob. Code, Sec. 378B(h)
7974	7974	(part).)
7975	7975	Sec. 310.002. APPLICABILITY OF OTHER LAW. Chapter 116,
7976	7976	Property Code, controls to the extent of any conflict between this
7977	7977	chapter and Chapter 116, Property Code. (Tex. Prob. Code, Sec.
7978	7978	378B(i).)
7979	7979	Sec. 310.003. ALLOCATION OF EXPENSES. (a) Except as
7980	7980	provided by Section 310.004(a) and unless the will provides
7981	7981	otherwise, all expenses incurred in connection with the settlement
7982	7982	of a decedent's estate shall be charged against the principal of the
7983	7983	estate, including:
7984	7984	(1) debts;
7985	7985	(2) funeral expenses;
7986	7986	(3) estate taxes and penalties relating to estate
7987	7987	taxes; and
7988	7988	(4) family allowances.
7989	7989	(b) Fees and expenses of an attorney, accountant, or other
7990	7990	professional advisor, commissions and expenses of a personal
7991	7991	representative, court costs, and all other similar fees or expenses
7992	7992	relating to the administration of the estate and interest relating
7993	7993	to estate taxes shall be allocated between the income and principal
7994	7994	of the estate as the executor determines in the executor's
7995	7995	discretion to be just and equitable. (Tex. Prob. Code, Sec.
7996	7996	378B(a).)
7997	7997	Sec. 310.004. INCOME DETERMINATION AND DISTRIBUTION. (a)
7998	7998	Unless a will provides otherwise, income from the assets of a
7999	7999	decedent's estate that accrues after the death of the testator and
8000	8000	before distribution, including income from property used to
8001	8001	discharge liabilities, shall be:
8002	8002	(1) determined according to the rules applicable to a
8003	8003	trustee under the Texas Trust Code (Subtitle B, Title 9, Property
8004	8004	Code); and
8005	8005	(2) distributed as provided by Subsections (b) and (c)
8006	8006	and by Chapter 116, Property Code.
8007	8007	(b) Income from property devised to a specific devisee shall
8008	8008	be distributed to the devisee after reduction for:
8009	8009	(1) property taxes;
8010	8010	(2) other taxes, including taxes imposed on income
8011	8011	that accrues during the period of administration and that is
8012	8012	payable to the devisee;
8013	8013	(3) ordinary repairs;
8014	8014	(4) insurance premiums;
8015	8015	(5) interest accrued after the testator's death; and
8016	8016	(6) other expenses of management and operation of the
8017	8017	property.
8018	8018	(c) The balance of the net income shall be distributed to
8019	8019	all other devisees after reduction for the balance of property
8020	8020	taxes, ordinary repairs, insurance premiums, interest accrued,
8021	8021	other expenses of management and operation of all property from
8022	8022	which the estate is entitled to income, and taxes imposed on income
8023	8023	that accrues during the period of administration and that is
8024	8024	payable or allocable to the devisees, in proportion to the
8025	8025	devisees' respective interests in the undistributed assets of the
8026	8026	estate. (Tex. Prob. Code, Secs. 378B(b), (c), (d).)
8027	8027	Sec. 310.005. TREATMENT OF INCOME RECEIVED BY TRUSTEE.
8028	8028	Income received by a trustee under this chapter shall be treated as
8029	8029	income of the trust as provided by Section 116.101, Property Code.
8030	8030	(Tex. Prob. Code, Sec. 378B(g).)
8031	8031	Sec. 310.006. FREQUENCY AND METHOD OF DETERMINING INTERESTS
8032	8032	IN CERTAIN ESTATE ASSETS. Except as required by Sections 2055 and
8033	8033	2056, Internal Revenue Code of 1986 (26 U.S.C. Sections 2055 and
8034	8034	2056), the frequency and method of determining the beneficiaries'
8035	8035	respective interests in the undistributed assets of an estate are
8036	8036	in the sole and absolute discretion of the executor of the estate.
8037	8037	The executor may consider all relevant factors, including
8038	8038	administrative convenience and expense and the interests of the
8039	8039	various beneficiaries of the estate, to reach a fair and equitable
8040	8040	result among beneficiaries. (Tex. Prob. Code, Sec. 378B(h)
8041	8041	(part).)
8042	8042	[Chapters 311-350 reserved for expansion]
8043	8043	SUBTITLE H. CONTINUATION OF ADMINISTRATION
8044	8044	CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES IN GENERAL
8045	8045	GENERAL
8046	8046	SUBCHAPTER A. GENERAL PROVISIONS
8047	8047	Sec. 351.001. APPLICABILITY OF COMMON LAW
8048	8048	Sec. 351.002. APPEAL BOND
8049	8049	Sec. 351.003. CERTAIN COSTS ADJUDGED AGAINST PERSONAL
8050	8050	REPRESENTATIVE
8051	8051	[Sections 351.004-351.050 reserved for expansion]
8052	8052	SUBCHAPTER B. GENERAL AUTHORITY OF PERSONAL REPRESENTATIVES
8053	8053	Sec. 351.051. EXERCISE OF AUTHORITY UNDER COURT ORDER
8054	8054	Sec. 351.052. EXERCISE OF AUTHORITY WITHOUT COURT
8055	8055	ORDER
8056	8056	Sec. 351.053. AUTHORITY TO SERVE PENDING APPEAL OF
8057	8057	APPOINTMENT
8058	8058	Sec. 351.054. AUTHORITY TO COMMENCE SUITS
8059	8059	[Sections 351.055-351.100 reserved for expansion]
8060	8060	SUBCHAPTER C. POSSESSION AND CARE OF ESTATE PROPERTY
8061	8061	Sec. 351.101. DUTY OF CARE
8062	8062	Sec. 351.102. POSSESSION OF PERSONAL PROPERTY AND
8063	8063	RECORDS
8064	8064	Sec. 351.103. POSSESSION OF PROPERTY HELD IN COMMON
8065	8065	OWNERSHIP
8066	8066	Sec. 351.104. ADMINISTRATION OF PARTNERSHIP INTEREST
8067	8067	Sec. 351.105. HOLDING OF STOCKS, BONDS, AND OTHER
8068	8068	PERSONAL PROPERTY IN NOMINEE'S NAME
8069	8069	[Sections 351.106-351.150 reserved for expansion]
8070	8070	SUBCHAPTER D. COLLECTION OF CLAIMS; RECOVERY OF PROPERTY
8071	8071	Sec. 351.151. ORDINARY DILIGENCE REQUIRED
8072	8072	Sec. 351.152. CONTINGENT INTEREST FOR CERTAIN
8073	8073	ATTORNEY'S FEES; COURT APPROVAL
8074	8074	Sec. 351.153. RECOVERY OF CERTAIN EXPENSES
8075	8075	[Sections 351.154-351.200 reserved for expansion]
8076	8076	SUBCHAPTER E. OPERATION OF BUSINESS
8077	8077	Sec. 351.201. DEFINITION
8078	8078	Sec. 351.202. ORDER REQUIRING PERSONAL REPRESENTATIVE
8079	8079	TO OPERATE BUSINESS
8080	8080	Sec. 351.203. POWERS OF PERSONAL REPRESENTATIVE
8081	8081	REGARDING BUSINESS
8082	8082	Sec. 351.204. FIDUCIARY DUTIES OF PERSONAL
8083	8083	REPRESENTATIVE REGARDING BUSINESS
8084	8084	Sec. 351.205. REAL PROPERTY OF BUSINESS; NOTICE
8085	8085	[Sections 351.206-351.250 reserved for expansion]
8086	8086	SUBCHAPTER F. AUTHORITY TO ENGAGE IN CERTAIN BORROWING
8087	8087	Sec. 351.251. MORTGAGE OR PLEDGE OF ESTATE PROPERTY
8088	8088	AUTHORIZED IN CERTAIN CIRCUMSTANCES
8089	8089	Sec. 351.252. APPLICATION; ORDER
8090	8090	Sec. 351.253. TERM OF LOAN OR LIEN EXTENSION
8091	8091	[Sections 351.254-351.300 reserved for expansion]
8092	8092	SUBCHAPTER G. PAYMENT OF INCOME OF CERTAIN ESTATES DURING ADMINISTRATION
8093	8093	ADMINISTRATION
8094	8094	Sec. 351.301. APPLICABILITY OF SUBCHAPTER
8095	8095	Sec. 351.302. APPLICATION AND ORDER FOR PAYMENT OF
8096	8096	CERTAIN ESTATE INCOME
8097	8097	Sec. 351.303. TREATMENT OF CERTAIN AMOUNTS RECEIVED
8098	8098	FROM MINERAL LEASE
8099	8099	[Sections 351.304-351.350 reserved for expansion]
8100	8100	SUBCHAPTER H. CERTAIN ADMINISTERED ESTATES
8101	8101	Sec. 351.351. APPLICABILITY
8102	8102	Sec. 351.352. ENSURING COMPLIANCE WITH LAW
8103	8103	Sec. 351.353. ANNUAL EXAMINATION OF CERTAIN ESTATES;
8104	8104	BOND OF PERSONAL REPRESENTATIVE
8105	8105	Sec. 351.354. JUDGE'S LIABILITY
8106	8106	Sec. 351.355. IDENTIFYING INFORMATION
8107	8107	CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES IN
8108	8108	GENERAL
8109	8109	SUBCHAPTER A. GENERAL PROVISIONS
8110	8110	Sec. 351.001. APPLICABILITY OF COMMON LAW. The rights,
8111	8111	powers, and duties of executors and administrators are governed by
8112	8112	common law principles to the extent that those principles do not
8113	8113	conflict with the statutes of this state. (Tex. Prob. Code, Sec.
8114	8114	32.)
8115	8115	Sec. 351.002. APPEAL BOND. (a) Except as provided by
8116	8116	Subsection (b), an appeal bond is not required if an appeal is taken
8117	8117	by an executor or administrator.
8118	8118	(b) An executor or administrator must give an appeal bond if
8119	8119	the appeal personally concerns the executor or administrator.
8120	8120	(Tex. Prob. Code, Sec. 29.)
8121	8121	Sec. 351.003. CERTAIN COSTS ADJUDGED AGAINST PERSONAL
8122	8122	REPRESENTATIVE. If a personal representative neglects to perform a
8123	8123	required duty or is removed for cause, the representative and the
8124	8124	sureties on the representative's bond are liable for:
8125	8125	(1) the costs of removal and other additional costs
8126	8126	incurred that are not expenditures authorized by this title; and
8127	8127	(2) reasonable attorney's fees incurred in:
8128	8128	(A) removing the representative; or
8129	8129	(B) obtaining compliance regarding any statutory
8130	8130	duty the representative has neglected. (Tex. Prob. Code, Sec.
8131	8131	245.)
8132	8132	[Sections 351.004-351.050 reserved for expansion]
8133	8133	SUBCHAPTER B. GENERAL AUTHORITY OF PERSONAL REPRESENTATIVES
8134	8134	Sec. 351.051. EXERCISE OF AUTHORITY UNDER COURT ORDER. (a)
8135	8135	A personal representative of an estate may renew or extend any
8136	8136	obligation owed by or to the estate on application and order
8137	8137	authorizing the renewal or extension. If a personal representative
8138	8138	considers it in the interest of the estate, the representative may,
8139	8139	on written application to the court and if authorized by court
8140	8140	order:
8141	8141	(1) purchase or exchange property;
8142	8142	(2) take claims or property for the use and benefit of
8143	8143	the estate in payment of a debt due or owed to the estate;
8144	8144	(3) compound bad or doubtful debts due or owed to the
8145	8145	estate;
8146	8146	(4) make a compromise or settlement in relation to
8147	8147	property or a claim in dispute or litigation;
8148	8148	(5) compromise or pay in full any secured claim that
8149	8149	has been allowed and approved as required by law against the estate
8150	8150	by conveying to the holder of the claim the real estate or personal
8151	8151	property securing the claim:
8152	8152	(A) in full payment, liquidation, and
8153	8153	satisfaction of the claim; and
8154	8154	(B) in consideration of cancellation of notes,
8155	8155	deeds of trust, mortgages, chattel mortgages, or other evidences of
8156	8156	liens securing the payment of the claim; or
8157	8157	(6) abandon the administration of burdensome or
8158	8158	worthless estate property.
8159	8159	(b) Abandoned property may be foreclosed on by a mortgagee
8160	8160	or other secured party or a trustee without further court order.
8161	8161	(Tex. Prob. Code, Sec. 234(a).)
8162	8162	Sec. 351.052. EXERCISE OF AUTHORITY WITHOUT COURT ORDER.
8163	8163	(a) A personal representative of an estate may, without
8164	8164	application to or order of the court:
8165	8165	(1) release a lien on payment at maturity of the debt
8166	8166	secured by the lien;
8167	8167	(2) vote stocks by limited or general proxy;
8168	8168	(3) pay calls and assessments;
8169	8169	(4) insure the estate against liability in appropriate
8170	8170	cases;
8171	8171	(5) insure estate property against fire, theft, and
8172	8172	other hazards; or
8173	8173	(6) pay taxes, court costs, and bond premiums.
8174	8174	(b) A personal representative who is under court control may
8175	8175	apply and obtain a court order if the representative has doubts
8176	8176	regarding the propriety of the exercise of any power listed in
8177	8177	Subsection (a). (Tex. Prob. Code, Sec. 234(b).)
8178	8178	Sec. 351.053. AUTHORITY TO SERVE PENDING APPEAL OF
8179	8179	APPOINTMENT. Pending an appeal from an order or judgment
8180	8180	appointing an administrator or temporary administrator, the
8181	8181	appointee shall continue to:
8182	8182	(1) act as administrator or temporary administrator;
8183	8183	and
8184	8184	(2) prosecute any suit then pending in favor of the
8185	8185	estate. (Tex. Prob. Code, Sec. 28.)
8186	8186	Sec. 351.054. AUTHORITY TO COMMENCE SUITS. (a) An executor
8187	8187	or administrator appointed in this state may commence a suit for:
8188	8188	(1) recovery of personal property, debts, or damages;
8189	8189	or
8190	8190	(2) title to or possession of land, any right attached
8191	8191	to or arising from that land, or an injury or damage done to that
8192	8192	land.
8193	8193	(b) A judgment in a suit described by Subsection (a) is
8194	8194	conclusive, but may be set aside by any interested person for fraud
8195	8195	or collusion on the executor's or administrator's part. (Tex. Prob.
8196	8196	Code, Sec. 233A.)
8197	8197	[Sections 351.055-351.100 reserved for expansion]
8198	8198	SUBCHAPTER C. POSSESSION AND CARE OF ESTATE PROPERTY
8199	8199	Sec. 351.101. DUTY OF CARE. An executor or administrator of
8200	8200	an estate shall take care of estate property as a prudent person
8201	8201	would take of that person's own property, and if any buildings
8202	8202	belong to the estate, the executor or administrator shall keep
8203	8203	those buildings in good repair, except for extraordinary
8204	8204	casualties, unless directed by a court order not to do so. (Tex.
8205	8205	Prob. Code, Sec. 230.)
8206	8206	Sec. 351.102. POSSESSION OF PERSONAL PROPERTY AND RECORDS.
8207	8207	(a) Immediately after receiving letters testamentary or of
8208	8208	administration, the personal representative of an estate shall
8209	8209	collect and take possession of the estate's personal property,
8210	8210	record books, title papers, and other business papers.
8211	8211	(b) The personal representative shall deliver the property,
8212	8212	books, and papers described by Subsection (a) that are in the
8213	8213	representative's possession to the person or persons legally
8214	8214	entitled to the property, books, and papers when:
8215	8215	(1) the administration of the estate is closed; or
8216	8216	(2) a successor personal representative receives
8217	8217	letters testamentary or of administration. (Tex. Prob. Code, Sec.
8218	8218	232.)
8219	8219	Sec. 351.103. POSSESSION OF PROPERTY HELD IN COMMON
8220	8220	OWNERSHIP. If an estate holds or owns any property in common or as
8221	8221	part owner with another, the personal representative of the estate
8222	8222	is entitled to possession of the property in common with the other
8223	8223	part owner or owners in the same manner as other owners in common or
8224	8224	joint owners are entitled to possession of the property. (Tex.
8225	8225	Prob. Code, Sec. 235.)
8226	8226	Sec. 351.104. ADMINISTRATION OF PARTNERSHIP INTEREST. (a)
8227	8227	If a decedent was a partner in a general partnership and the
8228	8228	partnership agreement or articles of partnership provide that, on
8229	8229	the death of a partner, the partner's personal representative is
8230	8230	entitled to that partner's place in the partnership, a personal
8231	8231	representative accordingly contracting to enter the partnership
8232	8232	under the partnership agreement or articles of partnership is, to
8233	8233	the extent allowed by law, liable to a third person only to the
8234	8234	extent of:
8235	8235	(1) the deceased partner's capital in the partnership;
8236	8236	and
8237	8237	(2) the estate's assets held by the representative.
8238	8238	(b) This section does not exonerate a personal
8239	8239	representative from liability for the representative's negligence.
8240	8240	(Tex. Prob. Code, Sec. 238A.)
8241	8241	Sec. 351.105. HOLDING OF STOCKS, BONDS, AND OTHER PERSONAL
8242	8242	PROPERTY IN NOMINEE'S NAME. (a) Unless otherwise provided by the
8243	8243	will, a personal representative of an estate may cause stocks,
8244	8244	bonds, and other personal property of the estate to be registered
8245	8245	and held in the name of a nominee without mentioning the fiduciary
8246	8246	relationship in any instrument or record constituting or evidencing
8247	8247	title to that property. The representative is liable for the acts
8248	8248	of the nominee with respect to property registered in this manner.
8249	8249	The representative's records must at all times show the ownership
8250	8250	of the property.
8251	8251	(b) Any property registered in the manner described by
8252	8252	Subsection (a) shall be kept:
8253	8253	(1) in the possession and control of the personal
8254	8254	representative at all times; and
8255	8255	(2) separate from the representative's individual
8256	8256	property. (Tex. Prob. Code, Sec. 398A.)
8257	8257	[Sections 351.106-351.150 reserved for expansion]
8258	8258	SUBCHAPTER D. COLLECTION OF CLAIMS; RECOVERY OF PROPERTY
8259	8259	Sec. 351.151. ORDINARY DILIGENCE REQUIRED. (a) If there is
8260	8260	a reasonable prospect of collecting the claims or recovering the
8261	8261	property of an estate, the personal representative of the estate
8262	8262	shall use ordinary diligence to:
8263	8263	(1) collect all claims and debts due the estate; and
8264	8264	(2) recover possession of all property to which the
8265	8265	estate has claim or title.
8266	8266	(b) If a personal representative wilfully neglects to use
8267	8267	the ordinary diligence required under Subsection (a), the
8268	8268	representative and the sureties on the representative's bond are
8269	8269	liable, on the suit of any person interested in the estate, for the
8270	8270	use of the estate, for the amount of those claims or the value of
8271	8271	that property lost by the neglect. (Tex. Prob. Code, Sec. 233(a).)
8272	8272	Sec. 351.152. CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S
8273	8273	FEES; COURT APPROVAL. (a) Except as provided by Subsection (b) and
8274	8274	subject only to the approval of the court in which the estate is
8275	8275	being administered, a personal representative may convey or enter
8276	8276	into a contract to convey for attorney services a contingent
8277	8277	interest in any property sought to be recovered, not to exceed a
8278	8278	one-third interest in the property.
8279	8279	(b) A personal representative, including an independent
8280	8280	executor or independent administrator, may convey or enter into a
8281	8281	contract to convey for attorney services a contingent interest in
8282	8282	any property sought to be recovered under this subchapter in an
8283	8283	amount that exceeds a one-third interest in the property only on the
8284	8284	approval of the court in which the estate is being administered.
8285	8285	The court must approve a contract entered into or conveyance made
8286	8286	under this section before an attorney performs any legal services.
8287	8287	A contract entered into or a conveyance made in violation of this
8288	8288	section is void unless the court ratifies or reforms the contract or
8289	8289	documents relating to the conveyance to the extent necessary to
8290	8290	make the contract or conveyance meet the requirements of this
8291	8291	section.
8292	8292	(c) In approving a contract or conveyance under this
8293	8293	section, the court shall consider:
8294	8294	(1) the time and labor required, the novelty and
8295	8295	difficulty of the questions involved, and the skill required to
8296	8296	perform the legal services properly;
8297	8297	(2) the fee customarily charged in the locality for
8298	8298	similar legal services;
8299	8299	(3) the value of the property recovered or sought to be
8300	8300	recovered by the personal representative under this subchapter;
8301	8301	(4) the benefits to the estate that the attorney will
8302	8302	be responsible for securing; and
8303	8303	(5) the experience and ability of the attorney who
8304	8304	will perform the services. (Tex. Prob. Code, Secs. 233(b), (c),
8305	8305	(d).)
8306	8306	Sec. 351.153. RECOVERY OF CERTAIN EXPENSES. On proof
8307	8307	satisfactory to the court, a personal representative of an estate
8308	8308	is entitled to all necessary and reasonable expenses incurred by
8309	8309	the representative in:
8310	8310	(1) collecting or attempting to collect a claim or
8311	8311	debt owed to the estate; or
8312	8312	(2) recovering or attempting to recover property to
8313	8313	which the estate has a title or claim. (Tex. Prob. Code, Sec.
8314	8314	233(e).)
8315	8315	[Sections 351.154-351.200 reserved for expansion]
8316	8316	SUBCHAPTER E. OPERATION OF BUSINESS
8317	8317	Sec. 351.201. DEFINITION. In this subchapter, "business"
8318	8318	includes a farm, ranch, or factory. (Tex. Prob. Code, Sec. 238(a).)
8319	8319	Sec. 351.202. ORDER REQUIRING PERSONAL REPRESENTATIVE TO
8320	8320	OPERATE BUSINESS. (a) A court, after notice to all interested
8321	8321	persons and a hearing, may order the personal representative of an
8322	8322	estate to operate a business that is part of the estate and may
8323	8323	grant the representative the powers to operate the business that
8324	8324	the court determines are appropriate, after considering the factors
8325	8325	listed in Subsection (b), if:
8326	8326	(1) the disposition of the business has not been
8327	8327	specifically directed by the decedent's will;
8328	8328	(2) it is not necessary to sell the business at once
8329	8329	for the payment of debts or for any other lawful purpose; and
8330	8330	(3) the court determines that the operation of the
8331	8331	business by the representative is in the best interest of the
8332	8332	estate.
8333	8333	(b) In determining which powers to grant a personal
8334	8334	representative in an order entered under Subsection (a), the court
8335	8335	shall consider:
8336	8336	(1) the condition of the estate and the business;
8337	8337	(2) the necessity that may exist for the future sale of
8338	8338	the business or of business property to provide for payment of debts
8339	8339	or claims against the estate or other lawful expenditures with
8340	8340	respect to the estate;
8341	8341	(3) the effect of the order on the speedy settlement of
8342	8342	the estate; and
8343	8343	(4) the best interests of the estate. (Tex. Prob.
8344	8344	Code, Secs. 238(b), (f).)
8345	8345	Sec. 351.203. POWERS OF PERSONAL REPRESENTATIVE REGARDING
8346	8346	BUSINESS. (a) A personal representative granted authority to
8347	8347	operate a business in an order entered under Section 351.202(a) has
8348	8348	the powers granted under Section 351.052, regardless of whether the
8349	8349	order specifies that the representative has those powers, unless
8350	8350	the order specifically provides that the representative does not
8351	8351	have one or more of the powers listed in Section 351.052.
8352	8352	(b) In addition to the powers granted to the personal
8353	8353	representative under Section 351.052, subject to any specific
8354	8354	limitation on those powers in accordance with Subsection (a), an
8355	8355	order entered under Section 351.202(a) may grant the representative
8356	8356	one or more of the following powers:
8357	8357	(1) the power to hire, pay, and terminate the
8358	8358	employment of employees of the business;
8359	8359	(2) the power to incur debt on behalf of the business,
8360	8360	including debt secured by liens against assets of the business or
8361	8361	estate, if permitted or directed by the order;
8362	8362	(3) the power to purchase and sell property in the
8363	8363	ordinary course of the operation of the business, including the
8364	8364	power to purchase and sell real property if the court finds that the
8365	8365	principal purpose of the business is the purchasing and selling of
8366	8366	real property and the order states that finding;
8367	8367	(4) the power to enter into a lease or contract, the
8368	8368	term of which may extend beyond the settlement of the estate, but
8369	8369	only to the extent that granting the power appears to be consistent
8370	8370	with the speedy settlement of the estate; and
8371	8371	(5) any other power the court finds necessary with
8372	8372	respect to the operation of the business.
8373	8373	(c) If the order entered under Section 351.202(a) gives the
8374	8374	personal representative the power to purchase, sell, lease, or
8375	8375	otherwise encumber property:
8376	8376	(1) the purchase, sale, lease, or encumbrance is
8377	8377	governed by the terms of the order; and
8378	8378	(2) the representative is not required to comply with
8379	8379	any other provision of this title regarding the purchase, sale,
8380	8380	lease, or encumbrance, including any provision requiring citation
8381	8381	or notice. (Tex. Prob. Code, Secs. 238(c), (d), (e).)
8382	8382	Sec. 351.204. FIDUCIARY DUTIES OF PERSONAL REPRESENTATIVE
8383	8383	REGARDING BUSINESS. (a) A personal representative who operates a
8384	8384	business under an order entered under Section 351.202(a) has the
8385	8385	same fiduciary duties as a representative who does not operate a
8386	8386	business that is part of an estate.
8387	8387	(b) In operating a business under an order entered under
8388	8388	Section 351.202(a), a personal representative shall consider:
8389	8389	(1) the condition of the estate and the business;
8390	8390	(2) the necessity that may exist for the future sale of
8391	8391	the business or of business property to provide for payment of debts
8392	8392	or claims against the estate or other lawful expenditures with
8393	8393	respect to the estate;
8394	8394	(3) the effect of the order on the speedy settlement of
8395	8395	the estate; and
8396	8396	(4) the best interests of the estate.
8397	8397	(c) A personal representative who operates a business under
8398	8398	an order entered under Section 351.202(a) shall report to the court
8399	8399	with respect to the operation and condition of the business as part
8400	8400	of the accounts required by Chapters 359 and 362, unless the court
8401	8401	orders the reports regarding the business to be made more
8402	8402	frequently or in a different manner or form. (Tex. Prob. Code, Sec.
8403	8403	238(g).)
8404	8404	Sec. 351.205. REAL PROPERTY OF BUSINESS; NOTICE. (a) A
8405	8405	personal representative shall file a notice in the real property
8406	8406	records of the county in which the real property is located before
8407	8407	purchasing, selling, leasing, or otherwise encumbering any real
8408	8408	property of the business in accordance with an order entered under
8409	8409	Section 351.202(a).
8410	8410	(b) The notice filed under Subsection (a) must:
8411	8411	(1) state:
8412	8412	(A) the decedent's name;
8413	8413	(B) the county of the court in which the
8414	8414	decedent's estate is pending;
8415	8415	(C) the cause number assigned to the pending
8416	8416	estate; and
8417	8417	(D) that one or more orders have been entered
8418	8418	under Section 351.202(a); and
8419	8419	(2) include a description of the property that is the
8420	8420	subject of the purchase, sale, lease, or other encumbrance.
8421	8421	(c) For purposes of determining a personal representative's
8422	8422	authority with respect to a purchase, sale, lease, or other
8423	8423	encumbrance of real property of a business that is part of an
8424	8424	estate, a third party who deals in good faith with the
8425	8425	representative with respect to the transaction may rely on the
8426	8426	notice filed under Subsection (a) and an order entered under
8427	8427	Section 351.202(a) and filed as part of the estate records
8428	8428	maintained by the clerk of the court in which the estate is pending.
8429	8429	(Tex. Prob. Code, Secs. 238(h), (i).)
8430	8430	[Sections 351.206-351.250 reserved for expansion]
8431	8431	SUBCHAPTER F. AUTHORITY TO ENGAGE IN CERTAIN BORROWING
8432	8432	Sec. 351.251. MORTGAGE OR PLEDGE OF ESTATE PROPERTY
8433	8433	AUTHORIZED IN CERTAIN CIRCUMSTANCES. Under order of the court, a
8434	8434	personal representative of an estate may mortgage or pledge by deed
8435	8435	of trust or otherwise as security for an indebtedness any property
8436	8436	of the estate as necessary for:
8437	8437	(1) the payment of any ad valorem, income, gift,
8438	8438	estate, inheritance, or transfer taxes on the transfer of an estate
8439	8439	or due from a decedent or the estate, regardless of whether those
8440	8440	taxes are assessed by a state, a political subdivision of a state,
8441	8441	the federal government, or a foreign country;
8442	8442	(2) the payment of expenses of administration,
8443	8443	including amounts necessary for operation of a business, farm, or
8444	8444	ranch owned by the estate;
8445	8445	(3) the payment of claims allowed and approved, or
8446	8446	established by suit, against the estate; or
8447	8447	(4) the renewal and extension of an existing lien.
8448	8448	(Tex. Prob. Code, Sec. 329(a).)
8449	8449	Sec. 351.252. APPLICATION; ORDER. (a) If necessary to
8450	8450	borrow money for a purpose described by Section 351.251 or to create
8451	8451	or extend a lien on estate property as security, the personal
8452	8452	representative of the estate shall file a sworn application for
8453	8453	that authority with the court. The application must state fully and
8454	8454	in detail the circumstances that the representative believes make
8455	8455	the granting of the authority necessary.
8456	8456	(b) On the filing of an application under Subsection (a),
8457	8457	the clerk shall issue and have posted a citation to all interested
8458	8458	persons, stating the nature of the application and requiring any
8459	8459	interested person who chooses to do so to appear and show cause, if
8460	8460	any, why the application should not be granted.
8461	8461	(c) If satisfied by the evidence adduced at the hearing on
8462	8462	an application filed under Subsection (a) that it is in the interest
8463	8463	of the estate to borrow money or to extend and renew an existing
8464	8464	lien, the court shall issue an order to that effect that sets out
8465	8465	the terms of the authority granted under the order.
8466	8466	(d) If a new lien is created on estate property, the court
8467	8467	may require, for the protection of the estate and the creditors,
8468	8468	that the personal representative's general bond be increased or an
8469	8469	additional bond given, as for the sale of real property belonging to
8470	8470	the estate. (Tex. Prob. Code, Secs. 329(b), (c) (part).)
8471	8471	Sec. 351.253. TERM OF LOAN OR LIEN EXTENSION. Except as
8472	8472	otherwise provided by this section, the term of a loan or lien
8473	8473	renewal authorized under Section 351.252 may not exceed a period of
8474	8474	three years from the date original letters testamentary or of
8475	8475	administration are granted to the personal representative of the
8476	8476	affected estate. The court may authorize an extension of a lien
8477	8477	renewed under Section 351.252 for not more than one additional year
8478	8478	without further citation or notice. (Tex. Prob. Code, Sec. 329(c)
8479	8479	(part).)
8480	8480	[Sections 351.254-351.300 reserved for expansion]
8481	8481	SUBCHAPTER G. PAYMENT OF INCOME OF CERTAIN ESTATES DURING
8482	8482	ADMINISTRATION
8483	8483	Sec. 351.301. APPLICABILITY OF SUBCHAPTER. This subchapter
8484	8484	applies only to the estate of a decedent that is being administered
8485	8485	under the direction, control, and orders of a court in the exercise
8486	8486	of the court's probate jurisdiction. (Tex. Prob. Code, Sec. 239
8487	8487	(part).)
8488	8488	Sec. 351.302. APPLICATION AND ORDER FOR PAYMENT OF CERTAIN
8489	8489	ESTATE INCOME. (a) On the application of the executor or
8490	8490	administrator of an estate or of any interested party, and after
8491	8491	notice of the application has been given by posting, the court may
8492	8492	order and direct the executor or administrator to pay, or credit to
8493	8493	the account of, those persons who the court finds will own the
8494	8494	estate assets when administration on the estate is completed, and
8495	8495	in the same proportions, that part of the annual net income received
8496	8496	by or accruing to the estate that the court finds can conveniently
8497	8497	be paid to those owners without prejudice to the rights of
8498	8498	creditors, legatees, or other interested parties, if:
8499	8499	(1) it appears from evidence introduced at a hearing
8500	8500	on the application, and the court finds, that the reasonable market
8501	8501	value of the estate assets on hand at that time, excluding the
8502	8502	annual income from the estate assets, is at least twice the
8503	8503	aggregate amount of all unpaid debts, administration expenses, and
8504	8504	legacies; and
8505	8505	(2) no estate creditor or legatee has appeared and
8506	8506	objected.
8507	8507	(b) Except as otherwise provided by this title, nothing in
8508	8508	this subchapter authorizes the court to order paid over to the
8509	8509	owners of the estate any part of the principal of the estate. (Tex.
8510	8510	Prob. Code, Sec. 239 (part).)
8511	8511	Sec. 351.303. TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM
8512	8512	MINERAL LEASE. For the purposes of this subchapter, bonuses,
8513	8513	rentals, and royalties received for or from an oil, gas, or other
8514	8514	mineral lease shall be treated as income rather than as principal.
8515	8515	(Tex. Prob. Code, Sec. 239 (part).)
8516	8516	[Sections 351.304-351.350 reserved for expansion]
8517	8517	SUBCHAPTER H. CERTAIN ADMINISTERED ESTATES
8518	8518	Sec. 351.351. APPLICABILITY. This subchapter does not
8519	8519	apply to:
8520	8520	(1) the appointment of an independent executor or
8521	8521	administrator under Section 145(c), (d), or (e); or
8522	8522	(2) the appointment of a successor independent
8523	8523	executor under Section 154A. (Tex. Prob. Code, Secs. 145(q)
8524	8524	(part), 154A(i) (part).)
8525	8525	Sec. 351.352. ENSURING COMPLIANCE WITH LAW. A county or
8526	8526	probate court shall use reasonable diligence to see that personal
8527	8527	representatives of estates administered under court orders and
8528	8528	other officers of the court perform the duty enjoined on them by law
8529	8529	applicable to those estates. (Tex. Prob. Code, Sec. 36(a) (part).)
8530	8530	Sec. 351.353. ANNUAL EXAMINATION OF CERTAIN ESTATES; BOND
8531	8531	OF PERSONAL REPRESENTATIVE. For each estate administered under
8532	8532	orders of a county or probate court, the judge shall, if the judge
8533	8533	considers it necessary, annually examine the condition of the
8534	8534	estate and the solvency of the bond of the estate's personal
8535	8535	representative. If the judge finds the representative's bond is
8536	8536	not sufficient to protect the estate, the judge shall require the
8537	8537	representative to execute a new bond in accordance with law. In
8538	8538	each case, the judge, as provided by law, shall notify the
8539	8539	representative and the sureties on the representative's bond.
8540	8540	(Tex. Prob. Code, Sec. 36(a) (part).)
8541	8541	Sec. 351.354. JUDGE'S LIABILITY. A judge is liable on the
8542	8542	judge's bond to those damaged if damage or loss results to an estate
8543	8543	administered under orders of a county or probate court from the
8544	8544	gross neglect of the judge to use reasonable diligence in the
8545	8545	performance of the judge's duty under this subchapter. (Tex. Prob.
8546	8546	Code, Sec. 36(a) (part).)
8547	8547	Sec. 351.355. IDENTIFYING INFORMATION. (a) The court may
8548	8548	request an applicant or court-appointed fiduciary to produce other
8549	8549	information identifying an applicant, decedent, or personal
8550	8550	representative, including a social security number, in addition to
8551	8551	identifying information the applicant or fiduciary is required to
8552	8552	produce under this title.
8553	8553	(b) The court shall maintain any information required under
8554	8554	this section, and the information may not be filed with the clerk.
8555	8555	(Tex. Prob. Code, Sec. 36(b).)
8556	8556	CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL REPRESENTATIVES AND OTHERS
8557	8557	AND OTHERS
8558	8558	SUBCHAPTER A. COMPENSATION OF PERSONAL REPRESENTATIVES
8559	8559	Sec. 352.001. DEFINITION
8560	8560	Sec. 352.002. STANDARD COMPENSATION
8561	8561	Sec. 352.003. ALTERNATE COMPENSATION
8562	8562	Sec. 352.004. DENIAL OF COMPENSATION
8563	8563	[Sections 352.005-352.050 reserved for expansion]
8564	8564	SUBCHAPTER B. EXPENSES OF PERSONAL REPRESENTATIVES AND OTHERS
8565	8565	Sec. 352.051. EXPENSES; ATTORNEY'S FEES
8566	8566	Sec. 352.052. ALLOWANCE FOR DEFENSE OF WILL
8567	8567	Sec. 352.053. EXPENSE CHARGES
8568	8568	CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL REPRESENTATIVES
8569	8569	AND OTHERS
8570	8570	SUBCHAPTER A. COMPENSATION OF PERSONAL REPRESENTATIVES
8571	8571	Sec. 352.001. DEFINITION. In this subchapter, "financial
8572	8572	institution" means an organization authorized to engage in business
8573	8573	under state or federal laws relating to financial institutions,
8574	8574	including:
8575	8575	(1) a bank;
8576	8576	(2) a trust company;
8577	8577	(3) a savings bank;
8578	8578	(4) a building and loan association;
8579	8579	(5) a savings and loan company or association; and
8580	8580	(6) a credit union. (Tex. Prob. Code, Sec. 241(b).)
8581	8581	Sec. 352.002. STANDARD COMPENSATION. (a) An executor,
8582	8582	administrator, or temporary administrator a court finds to have
8583	8583	taken care of and managed an estate in compliance with the standards
8584	8584	of this title is entitled to receive a five percent commission on
8585	8585	all amounts that the executor or administrator actually receives or
8586	8586	pays out in cash in the administration of the estate.
8587	8587	(b) The commission described by Subsection (a):
8588	8588	(1) may not exceed, in the aggregate, more than five
8589	8589	percent of the gross fair market value of the estate subject to
8590	8590	administration; and
8591	8591	(2) is not allowed for:
8592	8592	(A) receiving funds belonging to the testator or
8593	8593	intestate that were, at the time of the testator's or intestate's
8594	8594	death, either on hand or held for the testator or intestate in a
8595	8595	financial institution or a brokerage firm, including cash or a cash
8596	8596	equivalent held in a checking account, savings account, certificate
8597	8597	of deposit, or money market account;
8598	8598	(B) collecting the proceeds of a life insurance
8599	8599	policy; or
8600	8600	(C) paying out cash to an heir or legatee in that
8601	8601	person's capacity as an heir or legatee. (Tex. Prob. Code, Sec.
8602	8602	241(a) (part).)
8603	8603	Sec. 352.003. ALTERNATE COMPENSATION. (a) The court may
8604	8604	allow an executor, administrator, or temporary administrator
8605	8605	reasonable compensation for the executor's or administrator's
8606	8606	services, including unusual efforts to collect funds or life
8607	8607	insurance, if:
8608	8608	(1) the executor or administrator manages a farm,
8609	8609	ranch, factory, or other business of the estate; or
8610	8610	(2) the compensation calculated under Section 352.002
8611	8611	is unreasonably low.
8612	8612	(b) The county court has jurisdiction to receive, consider,
8613	8613	and act on applications from independent executors for purposes of
8614	8614	this section. (Tex. Prob. Code, Sec. 241(a) (part).)
8615	8615	Sec. 352.004. DENIAL OF COMPENSATION. The court may, on
8616	8616	application of an interested person or on the court's own motion,
8617	8617	wholly or partly deny a commission allowed by this subchapter if:
8618	8618	(1) the court finds that the executor or administrator
8619	8619	has not taken care of and managed estate property prudently; or
8620	8620	(2) the executor or administrator has been removed
8621	8621	under Section 149C or Subchapter B, Chapter 361. (Tex. Prob. Code,
8622	8622	Sec. 241(a) (part).)
8623	8623	[Sections 352.005-352.050 reserved for expansion]
8624	8624	SUBCHAPTER B. EXPENSES OF PERSONAL REPRESENTATIVES AND OTHERS
8625	8625	Sec. 352.051. EXPENSES; ATTORNEY'S FEES. On proof
8626	8626	satisfactory to the court, a personal representative of an estate
8627	8627	is entitled to:
8628	8628	(1) necessary and reasonable expenses incurred by the
8629	8629	representative in:
8630	8630	(A) preserving, safekeeping, and managing the
8631	8631	estate;
8632	8632	(B) collecting or attempting to collect claims or
8633	8633	debts; and
8634	8634	(C) recovering or attempting to recover property
8635	8635	to which the estate has a title or claim; and
8636	8636	(2) reasonable attorney's fees necessarily incurred in
8637	8637	connection with the proceedings and management of the estate. (Tex.
8638	8638	Prob. Code, Sec. 242.)
8639	8639	Sec. 352.052. ALLOWANCE FOR DEFENSE OF WILL. (a) A person
8640	8640	designated as executor in a will or an alleged will, or as
8641	8641	administrator with the will or alleged will annexed, who, for the
8642	8642	purpose of having the will or alleged will admitted to probate,
8643	8643	defends the will or alleged will or prosecutes any proceeding in
8644	8644	good faith and with just cause, whether or not successful, shall be
8645	8645	allowed out of the estate the executor's or administrator's
8646	8646	necessary expenses and disbursements in those proceedings,
8647	8647	including reasonable attorney's fees.
8648	8648	(b) A person designated as a devisee in or beneficiary of a
8649	8649	will or an alleged will, or as administrator with the will or
8650	8650	alleged will annexed, who, for the purpose of having the will or
8651	8651	alleged will admitted to probate, defends the will or alleged will
8652	8652	or prosecutes any proceeding in good faith and with just cause,
8653	8653	whether or not successful, may be allowed out of the estate the
8654	8654	person's necessary expenses and disbursements in those
8655	8655	proceedings, including reasonable attorney's fees. (Tex. Prob.
8656	8656	Code, Sec. 243.)
8657	8657	Sec. 352.053. EXPENSE CHARGES. (a) The court shall act on
8658	8658	expense charges in the same manner as other claims against the
8659	8659	estate.
8660	8660	(b) All expense charges shall be:
8661	8661	(1) made in writing, showing specifically each item of
8662	8662	expense and the date of the expense;
8663	8663	(2) verified by the personal representative's
8664	8664	affidavit;
8665	8665	(3) filed with the clerk; and
8666	8666	(4) entered on the claim docket. (Tex. Prob. Code,
8667	8667	Sec. 244.)
8668	8668	CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
8669	8669	SUBCHAPTER A. GENERAL PROVISIONS
8670	8670	Sec. 353.001. TREATMENT OF CERTAIN CHILDREN
8671	8671	[Sections 353.002-353.050 reserved for expansion]
8672	8672	SUBCHAPTER B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT PROPERTY
8673	8673	PROPERTY
8674	8674	Sec. 353.051. EXEMPT PROPERTY TO BE SET ASIDE
8675	8675	Sec. 353.052. DELIVERY OF EXEMPT PROPERTY
8676	8676	Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY
8677	8677	Sec. 353.054. PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT
8678	8678	PROPERTY
8679	8679	Sec. 353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF
8680	8680	EXEMPT PROPERTY
8681	8681	Sec. 353.056. SALE OF PROPERTY TO RAISE FUNDS FOR
8682	8682	ALLOWANCE IN LIEU OF EXEMPT PROPERTY
8683	8683	[Sections 353.057-353.100 reserved for expansion]
8684	8684	SUBCHAPTER C. FAMILY ALLOWANCE
8685	8685	Sec. 353.101. FAMILY ALLOWANCE
8686	8686	Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY
8687	8687	ALLOWANCE
8688	8688	Sec. 353.103. ORDER FIXING FAMILY ALLOWANCE
8689	8689	Sec. 353.104. PREFERENCE OF FAMILY ALLOWANCE
8690	8690	Sec. 353.105. PAYMENT OF FAMILY ALLOWANCE
8691	8691	Sec. 353.106. SURVIVING SPOUSE OR MINOR CHILDREN MAY
8692	8692	ALLOWANCE
8693	8693	Sec. 353.107. SALE OF ESTATE PROPERTY TO RAISE FUNDS
8694	8694	FOR FAMILY ALLOWANCE
8695	8695	[Sections 353.108-353.150 reserved for expansion]
8696	8696	SUBCHAPTER D. LIENS ON AND DISPOSITION OF EXEMPT PROPERTY AND PROPERTY TAKEN AS ALLOWANCE
8697	8697	PROPERTY TAKEN AS ALLOWANCE
8698	8698	Sec. 353.151. LIENS
8699	8699	Sec. 353.152. DISTRIBUTION OF EXEMPT PROPERTY OF
8700	8700	SOLVENT ESTATE
8701	8701	Sec. 353.153. TITLE TO PROPERTY OF INSOLVENT ESTATE
8702	8702	Sec. 353.154. CERTAIN PROPERTY NOT CONSIDERED IN
8703	8703	DETERMINING SOLVENCY
8704	8704	Sec. 353.155. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS
8705	8705	CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
8706	8706	SUBCHAPTER A. GENERAL PROVISIONS
8707	8707	Sec. 353.001. TREATMENT OF CERTAIN CHILDREN. For purposes
8708	8708	of distributing exempt property and making a family allowance, a
8709	8709	child is a child of his or her mother and a child of his or her
8710	8710	father, as provided by Sections 201.051, 201.052, and 201.053.
8711	8711	(Tex. Prob. Code, Sec. 42(c) (part).)
8712	8712	[Sections 353.002-353.050 reserved for expansion]
8713	8713	SUBCHAPTER B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT
8714	8714	PROPERTY
8715	8715	Sec. 353.051. EXEMPT PROPERTY TO BE SET ASIDE. (a) Unless
8716	8716	an application and verified affidavit are filed as provided by
8717	8717	Subsection (b), immediately after the inventory, appraisement, and
8718	8718	list of claims of an estate are approved, the court by order shall
8719	8719	set aside:
8720	8720	(1) the homestead for the use and benefit of the
8721	8721	decedent's surviving spouse and minor children; and
8722	8722	(2) all other estate property that is exempt from
8723	8723	execution or forced sale by the constitution and laws of this state
8724	8724	for the use and benefit of the decedent's:
8725	8725	(A) surviving spouse and minor children; and
8726	8726	(B) unmarried children remaining with the
8727	8727	decedent's family.
8728	8728	(b) Before the inventory, appraisement, and list of claims
8729	8729	of an estate are approved:
8730	8730	(1) the decedent's surviving spouse or any other
8731	8731	person authorized to act on behalf of the decedent's minor children
8732	8732	may apply to the court to have exempt property, including the
8733	8733	homestead, set aside by filing an application and a verified
8734	8734	affidavit listing all property that the applicant claims is exempt;
8735	8735	and
8736	8736	(2) any of the decedent's unmarried children remaining
8737	8737	with the decedent's family may apply to the court to have all exempt
8738	8738	property, other than the homestead, set aside by filing an
8739	8739	application and a verified affidavit listing all property, other
8740	8740	than the homestead, that the applicant claims is exempt.
8741	8741	(c) At a hearing on an application filed under Subsection
8742	8742	(b), the applicant has the burden of proof by a preponderance of the
8743	8743	evidence. The court shall set aside property of the decedent's
8744	8744	estate that the court finds is exempt. (Tex. Prob. Code, Sec. 271.)
8745	8745	Sec. 353.052. DELIVERY OF EXEMPT PROPERTY. (a) The
8746	8746	executor or administrator of an estate shall deliver, without
8747	8747	delay, exempt property that has been set aside for the decedent's
8748	8748	surviving spouse and children in accordance with this section.
8749	8749	(b) If there is a surviving spouse and there are no children
8750	8750	of the decedent, or if all the children of the decedent are also the
8751	8751	children of the surviving spouse, the executor or administrator
8752	8752	shall deliver all exempt property to the surviving spouse.
8753	8753	(c) If there is a surviving spouse and there are children of
8754	8754	the decedent who are not also children of the surviving spouse, the
8755	8755	executor or administrator shall deliver the share of those children
8756	8756	in exempt property, other than the homestead, to:
8757	8757	(1) the children, if the children are of legal age; or
8758	8758	(2) the children's guardian, if the children are
8759	8759	minors.
8760	8760	(d) If there is no surviving spouse and there are children
8761	8761	of the decedent, the executor or administrator shall deliver exempt
8762	8762	property, other than the homestead, to:
8763	8763	(1) the children, if the children are of legal age; or
8764	8764	(2) the children's guardian, if the children are
8765	8765	minors.
8766	8766	(e) In all cases, the executor or administrator shall
8767	8767	deliver the homestead to:
8768	8768	(1) the decedent's surviving spouse, if there is a
8769	8769	surviving spouse; or
8770	8770	(2) the guardian of the decedent's minor children, if
8771	8771	there is not a surviving spouse. (Tex. Prob. Code, Sec. 272.)
8772	8772	Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) If
8773	8773	all or any of the specific articles exempt from execution or forced
8774	8774	sale by the constitution and laws of this state are not among the
8775	8775	decedent's effects, the court shall make, in lieu of the articles
8776	8776	not among the effects, a reasonable allowance to be paid to the
8777	8777	decedent's surviving spouse and children as provided by Section
8778	8778	353.054.
8779	8779	(b) The allowance in lieu of a homestead may not exceed
8780	8780	$15,000, and the allowance in lieu of other exempt property may not
8781	8781	exceed $5,000, excluding the family allowance for the support of
8782	8782	the surviving spouse and minor children provided by Subchapter C.
8783	8783	(Tex. Prob. Code, Sec. 273.)
8784	8784	Sec. 353.054. PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT
8785	8785	PROPERTY. (a) The executor or administrator of an estate shall pay
8786	8786	an allowance in lieu of exempt property in accordance with this
8787	8787	section.
8788	8788	(b) If there is a surviving spouse and there are no children
8789	8789	of the decedent, or if all the children of the decedent are also the
8790	8790	children of the surviving spouse, the executor or administrator
8791	8791	shall pay the entire allowance to the surviving spouse.
8792	8792	(c) If there is a surviving spouse and there are children of
8793	8793	the decedent who are not also children of the surviving spouse, the
8794	8794	executor or administrator shall pay the surviving spouse one-half
8795	8795	of the entire allowance plus the shares of the decedent's children
8796	8796	of whom the surviving spouse is the parent. The remaining shares
8797	8797	must be paid to:
8798	8798	(1) the decedent's children of whom the surviving
8799	8799	spouse is not a parent; or
8800	8800	(2) the guardian of the children described by
8801	8801	Subdivision (1), if those children are minors.
8802	8802	(d) If there is no surviving spouse and there are children
8803	8803	of the decedent, the executor or administrator shall divide the
8804	8804	entire allowance equally among the children and pay the children's
8805	8805	shares to the children, if the children are of legal age, or, if any
8806	8806	of the children are minors, pay the minor children's shares to the
8807	8807	guardian of the minor children. (Tex. Prob. Code, Sec. 275.)
8808	8808	Sec. 353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT
8809	8809	PROPERTY. (a) An allowance in lieu of any exempt property shall be
8810	8810	paid in the manner selected by the decedent's surviving spouse or
8811	8811	children of legal age, or by the guardian of the decedent's minor
8812	8812	children, as follows:
8813	8813	(1) in money out of estate funds that come into the
8814	8814	executor's or administrator's possession;
8815	8815	(2) in any of the decedent's property or a part of the
8816	8816	property chosen by those individuals at the appraisement; or
8817	8817	(3) part in money described by Subdivision (1) and
8818	8818	part in property described by Subdivision (2).
8819	8819	(b) Property specifically devised to another may be taken as
8820	8820	provided by Subsection (a) only if other available property is
8821	8821	insufficient to pay the allowance. (Tex. Prob. Code, Sec. 274
8822	8822	(part).)
8823	8823	Sec. 353.056. SALE OF PROPERTY TO RAISE FUNDS FOR ALLOWANCE
8824	8824	IN LIEU OF EXEMPT PROPERTY. (a) On the written application of the
8825	8825	decedent's surviving spouse and children, the court shall order the
8826	8826	sale of estate property for cash in an amount that will be
8827	8827	sufficient to raise the amount of the allowance provided under
8828	8828	Section 353.053 or a portion of that amount, as necessary, if:
8829	8829	(1) the decedent had no property that the surviving
8830	8830	spouse or children are willing to take for the allowance or the
8831	8831	decedent had insufficient property; and
8832	8832	(2) there are not sufficient estate funds in the
8833	8833	executor's or administrator's possession to pay the amount of the
8834	8834	allowance or a portion of that amount, as applicable.
8835	8835	(b) Property specifically devised to another may be sold to
8836	8836	raise cash as provided by Subsection (a) only if other available
8837	8837	property is insufficient to pay the allowance. (Tex. Prob. Code,
8838	8838	Secs. 274 (part), 276.)
8839	8839	[Sections 353.057-353.100 reserved for expansion]
8840	8840	SUBCHAPTER C. FAMILY ALLOWANCE
8841	8841	Sec. 353.101. FAMILY ALLOWANCE. (a) Unless an application
8842	8842	and verified affidavit are filed as provided by Subsection (b),
8843	8843	immediately after the inventory, appraisement, and list of claims
8844	8844	of an estate are approved, the court shall fix a family allowance
8845	8845	for the support of the decedent's surviving spouse and minor
8846	8846	children.
8847	8847	(b) Before the inventory, appraisement, and list of claims
8848	8848	of an estate are approved, the decedent's surviving spouse or any
8849	8849	other person authorized to act on behalf of the decedent's minor
8850	8850	children may apply to the court to have the court fix the family
8851	8851	allowance by filing an application and a verified affidavit
8852	8852	describing:
8853	8853	(1) the amount necessary for the maintenance of the
8854	8854	surviving spouse and the decedent's minor children for one year
8855	8855	after the date of the decedent's death; and
8856	8856	(2) the surviving spouse's separate property and any
8857	8857	property that the decedent's minor children have in their own
8858	8858	right.
8859	8859	(c) At a hearing on an application filed under Subsection
8860	8860	(b), the applicant has the burden of proof by a preponderance of the
8861	8861	evidence. The court shall fix a family allowance for the support of
8862	8862	the decedent's surviving spouse and minor children.
8863	8863	(d) A family allowance may not be made for:
8864	8864	(1) the decedent's surviving spouse, if the surviving
8865	8865	spouse has separate property adequate for the surviving spouse's
8866	8866	maintenance; or
8867	8867	(2) the decedent's minor children, if the minor
8868	8868	children have property in their own right adequate for the
8869	8869	children's maintenance. (Tex. Prob. Code, Secs. 286, 288.)
8870	8870	Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY
8871	8871	ALLOWANCE. (a) The amount of the family allowance must be
8872	8872	sufficient for the maintenance of the decedent's surviving spouse
8873	8873	and minor children for one year from the date of the decedent's
8874	8874	death.
8875	8875	(b) The allowance must be fixed with regard to the facts or
8876	8876	circumstances then existing and the facts and circumstances
8877	8877	anticipated to exist during the first year after the decedent's
8878	8878	death.
8879	8879	(c) The allowance may be paid in a lump sum or in
8880	8880	installments, as ordered by the court. (Tex. Prob. Code, Sec. 287.)
8881	8881	Sec. 353.103. ORDER FIXING FAMILY ALLOWANCE. When a family
8882	8882	allowance has been fixed, the court shall enter an order that:
8883	8883	(1) states the amount of the allowance;
8884	8884	(2) provides how the allowance shall be payable; and
8885	8885	(3) directs the executor or administrator to pay the
8886	8886	allowance in accordance with law. (Tex. Prob. Code, Sec. 289.)
8887	8887	Sec. 353.104. PREFERENCE OF FAMILY ALLOWANCE. The family
8888	8888	allowance made for the support of the decedent's surviving spouse
8889	8889	and minor children shall be paid in preference to all other debts of
8890	8890	or charges against the estate, other than Class 1 claims. (Tex.
8891	8891	Prob. Code, Sec. 290.)
8892	8892	Sec. 353.105. PAYMENT OF FAMILY ALLOWANCE. (a) The
8893	8893	executor or administrator of an estate shall apportion and pay the
8894	8894	family allowance in accordance with this section.
8895	8895	(b) If there is a surviving spouse and there are no minor
8896	8896	children of the decedent, the executor or administrator shall pay
8897	8897	the entire family allowance to the surviving spouse.
8898	8898	(c) If there is a surviving spouse and all of the minor
8899	8899	children of the decedent are also the children of the surviving
8900	8900	spouse, the executor or administrator shall pay the entire family
8901	8901	allowance to the surviving spouse for use by the surviving spouse
8902	8902	and the decedent's minor children.
8903	8903	(d) If there is a surviving spouse and some or all of the
8904	8904	minor children of the decedent are not also children of the
8905	8905	surviving spouse, the executor or administrator shall pay the
8906	8906	portion of the entire family allowance necessary for the support of
8907	8907	those minor children to the guardian of those children.
8908	8908	(e) If there is no surviving spouse and there are minor
8909	8909	children of the decedent, the executor or administrator shall pay
8910	8910	the family allowance for the minor children to the guardian of those
8911	8911	children. (Tex. Prob. Code, Sec. 291.)
8912	8912	Sec. 353.106. SURVIVING SPOUSE OR MINOR CHILDREN MAY TAKE
8913	8913	PERSONAL PROPERTY FOR FAMILY ALLOWANCE. (a) A decedent's
8914	8914	surviving spouse or the guardian of the decedent's minor children,
8915	8915	as applicable, is entitled to take, at the property's appraised
8916	8916	value as shown by the appraisement, any of the estate's personal
8917	8917	property in full or partial payment of the family allowance.
8918	8918	(b) Property specifically devised to another may be taken as
8919	8919	provided by Subsection (a) only if other available property is
8920	8920	insufficient to pay the allowance. (Tex. Prob. Code, Sec. 292
8921	8921	(part).)
8922	8922	Sec. 353.107. SALE OF ESTATE PROPERTY TO RAISE FUNDS FOR
8923	8923	FAMILY ALLOWANCE. (a) The court shall, as soon as the inventory,
8924	8924	appraisement, and list of claims are returned and approved, order
8925	8925	the sale of estate property for cash in an amount that will be
8926	8926	sufficient to raise the amount of the family allowance, or a portion
8927	8927	of that amount, as necessary, if:
8928	8928	(1) the decedent had no personal property that the
8929	8929	surviving spouse or the guardian of the decedent's minor children
8930	8930	is willing to take for the family allowance or the decedent had
8931	8931	insufficient personal property; and
8932	8932	(2) there are not sufficient estate funds in the
8933	8933	executor's or administrator's possession to pay the amount of the
8934	8934	family allowance or a portion of that amount, as applicable.
8935	8935	(b) Property specifically devised to another may be sold to
8936	8936	raise cash as provided by Subsection (a) only if other available
8937	8937	property is insufficient to pay the family allowance. (Tex. Prob.
8938	8938	Code, Secs. 292 (part), 293.)
8939	8939	[Sections 353.108-353.150 reserved for expansion]
8940	8940	SUBCHAPTER D. LIENS ON AND DISPOSITION OF EXEMPT PROPERTY AND
8941	8941	PROPERTY TAKEN AS ALLOWANCE
8942	8942	Sec. 353.151. LIENS. (a) This section applies to all
8943	8943	estates, whether solvent or insolvent.
8944	8944	(b) If property on which there is a valid subsisting lien or
8945	8945	encumbrance is set aside as exempt for the surviving spouse or
8946	8946	children or is appropriated to make an allowance in lieu of exempt
8947	8947	property or for the support of the surviving spouse or children, the
8948	8948	debts secured by the lien shall, if necessary, be either paid or
8949	8949	continued against the property. (Tex. Prob. Code, Sec. 277.)
8950	8950	Sec. 353.152. DISTRIBUTION OF EXEMPT PROPERTY OF SOLVENT
8951	8951	ESTATE. If on final settlement of an estate it appears that the
8952	8952	estate is solvent, the exempt property, other than the homestead or
8953	8953	any allowance made in lieu of the homestead, is subject to partition
8954	8954	and distribution among the heirs of the decedent and the
8955	8955	distributees in the same manner as other estate property. (Tex.
8956	8956	Prob. Code, Sec. 278.)
8957	8957	Sec. 353.153. TITLE TO PROPERTY OF INSOLVENT ESTATE. If on
8958	8958	final settlement an estate proves to be insolvent, the decedent's
8959	8959	surviving spouse and children have absolute title to all property
8960	8960	and allowances set aside or paid to them under this title. The
8961	8961	property and allowances may not be taken for any of the estate debts
8962	8962	except as provided by Section 353.155. (Tex. Prob. Code, Sec. 279.)
8963	8963	Sec. 353.154. CERTAIN PROPERTY NOT CONSIDERED IN
8964	8964	DETERMINING SOLVENCY. In determining whether an estate is solvent
8965	8965	or insolvent, the exempt property set aside for the decedent's
8966	8966	surviving spouse or children, any allowance made in lieu of that
8967	8967	exempt property, and the family allowance under Subchapter C may
8968	8968	not be estimated or considered as estate assets. (Tex. Prob. Code,
8969	8969	Sec. 280.)
8970	8970	Sec. 353.155. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS.
8971	8971	The exempt property, other than the homestead or any allowance made
8972	8972	in lieu of the homestead:
8973	8973	(1) is liable for the payment of Class 1 claims; and
8974	8974	(2) is not liable for any estate debts other than the
8975	8975	claims described by Subdivision (1). (Tex. Prob. Code, Sec. 281.)
8976	8976	CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM ADMINISTRATION OF, CERTAIN ESTATES
8977	8977	ADMINISTRATION OF, CERTAIN ESTATES
8978	8978	SUBCHAPTER A. SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES
8979	8979	Sec. 354.001. SUMMARY PROCEEDINGS FOR CERTAIN SMALL
8980	8980	ESTATES
8981	8981	[Sections 354.002-354.050 reserved for expansion]
8982	8982	SUBCHAPTER B. WITHDRAWAL FROM ADMINISTRATION OF CERTAIN ESTATES
8983	8983	Sec. 354.051. REQUIRED REPORT ON CONDITION OF ESTATE
8984	8984	Sec. 354.052. BOND REQUIRED TO WITHDRAW ESTATE FROM
8985	8985	ADMINISTRATION
8986	8986	Sec. 354.053. ORDER FOR DELIVERY OF ESTATE
8987	8987	Sec. 354.054. ORDER OF DISCHARGE
8988	8988	Sec. 354.055. LIEN ON PROPERTY OF ESTATE WITHDRAWN
8989	8989	FROM ADMINISTRATION
8990	8990	Sec. 354.056. PARTITION OF ESTATE WITHDRAWN FROM
8991	8991	ADMINISTRATION
8992	8992	Sec. 354.057. CREDITORS ENTITLED TO SUE ON BOND
8993	8993	Sec. 354.058. CREDITORS MAY SUE DISTRIBUTEES
8994	8994	CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM
8995	8995	ADMINISTRATION OF, CERTAIN ESTATES
8996	8996	SUBCHAPTER A. SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES
8997	8997	Sec. 354.001. SUMMARY PROCEEDINGS FOR CERTAIN SMALL
8998	8998	ESTATES. (a) If, after a personal representative of an estate has
8999	8999	filed the inventory, appraisement, and list of claims as required
9000	9000	by Chapter 309, it is established that the decedent's estate,
9001	9001	excluding any homestead, exempt property, and family allowance to
9002	9002	the decedent's surviving spouse and minor children, does not exceed
9003	9003	the amount sufficient to pay the claims against the estate
9004	9004	classified as Classes 1 through 4 under Section 355.102, the
9005	9005	representative shall:
9006	9006	(1) on order of the court, pay those claims in the
9007	9007	order provided and to the extent permitted by the assets of the
9008	9008	estate subject to the payment of those claims; and
9009	9009	(2) after paying the claims in accordance with
9010	9010	Subdivision (1), present to the court the representative's account
9011	9011	with an application for the settlement and allowance of the
9012	9012	account.
9013	9013	(b) On presentation of the personal representative's
9014	9014	account and application under Subsection (a), the court, with or
9015	9015	without notice, may adjust, correct, settle, allow, or disallow the
9016	9016	account.
9017	9017	(c) If the court settles and allows the personal
9018	9018	representative's account under Subsection (b), the court may:
9019	9019	(1) decree final distribution;
9020	9020	(2) discharge the representative; and
9021	9021	(3) close the administration. (Tex. Prob. Code, Sec.
9022	9022	143.)
9023	9023	[Sections 354.002-354.050 reserved for expansion]
9024	9024	SUBCHAPTER B. WITHDRAWAL FROM ADMINISTRATION OF CERTAIN ESTATES
9025	9025	Sec. 354.051. REQUIRED REPORT ON CONDITION OF ESTATE. At
9026	9026	any time after the return of the inventory, appraisement, and list
9027	9027	of claims of an estate required by Chapter 309, anyone entitled to a
9028	9028	portion of the estate, by a written complaint filed in the court in
9029	9029	which the case is pending, may have the estate's executor or
9030	9030	administrator cited to appear and render under oath an exhibit of
9031	9031	the condition of the estate. (Tex. Prob. Code, Sec. 262.)
9032	9032	Sec. 354.052. BOND REQUIRED TO WITHDRAW ESTATE FROM
9033	9033	ADMINISTRATION. After the executor or administrator has rendered
9034	9034	the exhibit of the condition of the estate if required under Section
9035	9035	354.051, one or more persons entitled to the estate, or other
9036	9036	persons for them, may execute and deliver a bond to the court. The
9037	9037	bond must be:
9038	9038	(1) conditioned that the persons executing the bond
9039	9039	shall:
9040	9040	(A) pay all unpaid debts against the estate that
9041	9041	have been or are:
9042	9042	(i) allowed by the executor or
9043	9043	administrator and approved by the court; or
9044	9044	(ii) established by suit against the
9045	9045	estate; and
9046	9046	(B) pay to the executor or administrator any
9047	9047	balance that the court in its judgment on the exhibit finds to be
9048	9048	due the executor or administrator;
9049	9049	(2) payable to the judge and the judge's successors in
9050	9050	office in an amount equal to at least twice the gross appraised
9051	9051	value of the estate as shown by the inventory, appraisement, and
9052	9052	list of claims returned under Chapter 309; and
9053	9053	(3) approved by the court. (Tex. Prob. Code, Sec.
9054	9054	263.)
9055	9055	Sec. 354.053. ORDER FOR DELIVERY OF ESTATE. On the giving
9056	9056	and approval of the bond under Section 354.052, the court shall
9057	9057	enter an order requiring the executor or administrator to promptly
9058	9058	deliver to each person entitled to any portion of the estate that
9059	9059	portion to which the person is entitled. (Tex. Prob. Code, Sec.
9060	9060	264.)
9061	9061	Sec. 354.054. ORDER OF DISCHARGE. After an estate has been
9062	9062	withdrawn from administration under Section 354.053, the court
9063	9063	shall enter an order:
9064	9064	(1) discharging the executor or administrator; and
9065	9065	(2) declaring the administration closed. (Tex. Prob.
9066	9066	Code, Sec. 265.)
9067	9067	Sec. 354.055. LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM
9068	9068	ADMINISTRATION. A lien exists on all of the estate withdrawn from
9069	9069	administration under Section 354.053 and in the possession of the
9070	9070	distributees and those claiming under the distributees with notice
9071	9071	of that lien, to secure the ultimate payment of:
9072	9072	(1) the bond under Section 354.052; and
9073	9073	(2) debts and claims secured by the bond. (Tex. Prob.
9074	9074	Code, Sec. 266.)
9075	9075	Sec. 354.056. PARTITION OF ESTATE WITHDRAWN FROM
9076	9076	ADMINISTRATION. On written application to the court, any person
9077	9077	entitled to any portion of an estate withdrawn from administration
9078	9078	under Section 354.053 may cause a partition and distribution of the
9079	9079	estate to be made among those persons entitled to the estate in
9080	9080	accordance with the provisions of this title that relate to the
9081	9081	partition and distribution of an estate. (Tex. Prob. Code, Sec.
9082	9082	267.)
9083	9083	Sec. 354.057. CREDITORS ENTITLED TO SUE ON BOND. A creditor
9084	9084	of an estate withdrawn from administration under Section 354.053
9085	9085	whose debt or claim against the estate is unpaid and not barred by
9086	9086	limitation is entitled to:
9087	9087	(1) commence a suit in the person's own name on the
9088	9088	bond under Section 354.052; and
9089	9089	(2) obtain a judgment on the bond for the debt or claim
9090	9090	the creditor establishes against the estate. (Tex. Prob. Code,
9091	9091	Sec. 268.)
9092	9092	Sec. 354.058. CREDITORS MAY SUE DISTRIBUTEES. (a) A
9093	9093	creditor of an estate withdrawn from administration under Section
9094	9094	354.053 whose debt or claim against the estate is unpaid and not
9095	9095	barred by limitation may sue:
9096	9096	(1) any distributee who has received any of the
9097	9097	estate; or
9098	9098	(2) all the distributees jointly.
9099	9099	(b) A distributee is not liable for more than the
9100	9100	distributee's just proportion according to the amount of the estate
9101	9101	the distributee received in the distribution. (Tex. Prob. Code,
9102	9102	Sec. 269.)
9103	9103	CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
9104	9104	SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST ESTATES IN GENERAL
9105	9105	Sec. 355.001. PRESENTMENT OF CLAIM TO PERSONAL
9106	9106	REPRESENTATIVE
9107	9107	Sec. 355.002. PRESENTMENT OF CLAIM TO CLERK
9108	9108	Sec. 355.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM
9109	9109	Sec. 355.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY
9110	9110	IN GENERAL
9111	9111	Sec. 355.005. AFFIDAVIT AUTHENTICATING CLAIM OF
9112	9112	CORPORATION OR OTHER ENTITY
9113	9113	Sec. 355.006. LOST OR DESTROYED EVIDENCE CONCERNING
9114	9114	CLAIM
9115	9115	Sec. 355.007. WAIVER OF CERTAIN DEFECTS OF FORM OR
9116	9116	CLAIMS OF INSUFFICIENCY
9117	9117	Sec. 355.008. EFFECT ON STATUTES OF LIMITATION OF
9118	9118	PRESENTMENT OF OR SUIT ON CLAIM
9119	9119	[Sections 355.009-355.050 reserved for expansion]
9120	9120	SUBCHAPTER B. ACTION ON CLAIMS
9121	9121	Sec. 355.051. ALLOWANCE OR REJECTION OF CLAIM
9122	9122	Sec. 355.052. FAILURE TO TIMELY ALLOW OR REJECT CLAIM
9123	9123	Sec. 355.053. CLAIM ENTERED ON CLAIM DOCKET
9124	9124	Sec. 355.054. CONTEST OF CLAIM
9125	9125	Sec. 355.055. COURT'S ACTION ON CLAIM
9126	9126	Sec. 355.056. HEARING ON CERTAIN CLAIMS
9127	9127	Sec. 355.057. COURT ORDER REGARDING ACTION ON CLAIM
9128	9128	Sec. 355.058. APPEAL OF COURT'S ACTION ON CLAIM
9129	9129	Sec. 355.059. ALLOWANCE AND APPROVAL PROHIBITED
9130	9130	WITHOUT AFFIDAVIT
9131	9131	Sec. 355.060. UNSECURED CLAIMS BARRED UNDER CERTAIN
9132	9132	CIRCUMSTANCES
9133	9133	Sec. 355.061. ALLOWING BARRED CLAIM PROHIBITED: COURT
9134	9134	DISAPPROVAL
9135	9135	Sec. 355.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR
9136	9136	DESTROYED EVIDENCE VOID
9137	9137	Sec. 355.063. CLAIMS NOT ALLOWED AFTER ORDER FOR
9138	9138	PARTITION AND DISTRIBUTION
9139	9139	Sec. 355.064. SUIT ON REJECTED CLAIM
9140	9140	Sec. 355.065. PRESENTMENT OF CLAIM PREREQUISITE FOR
9141	9141	JUDGMENT
9142	9142	Sec. 355.066. JUDGMENT IN SUIT ON REJECTED CLAIM
9143	9143	[Sections 355.067-355.100 reserved for expansion]
9144	9144	SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
9145	9145	Sec. 355.101. APPROVAL OR ESTABLISHMENT OF CLAIM
9146	9146	REQUIRED FOR PAYMENT
9147	9147	Sec. 355.102. CLAIMS CLASSIFICATION; PRIORITY OF
9148	9148	PAYMENT
9149	9149	Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS
9150	9150	Sec. 355.104. PAYMENT OF PROCEEDS FROM SALE OF
9151	9151	PROPERTY SECURING DEBT
9152	9152	Sec. 355.105. CLAIMANT'S PETITION FOR ALLOWANCE AND
9153	9153	PAYMENT OF CLAIM
9154	9154	Sec. 355.106. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9155	9155	PERSONAL REPRESENTATIVE
9156	9156	Sec. 355.107. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9157	9157	CREDITOR
9158	9158	Sec. 355.108. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
9159	9159	CLAIMS OF SAME CLASS
9160	9160	Sec. 355.109. ABATEMENT OF BEQUESTS
9161	9161	Sec. 355.110. ALLOCATION OF FUNERAL EXPENSES
9162	9162	Sec. 355.111. PAYMENT OF COURT COSTS RELATING TO CLAIM
9163	9163	Sec. 355.112. JOINT OBLIGATION FOR PAYMENT OF CERTAIN
9164	9164	DEBTS
9165	9165	Sec. 355.113. LIABILITY FOR NONPAYMENT OF CLAIM
9166	9166	[Sections 355.114-355.150 reserved for expansion]
9167	9167	SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY
9168	9168	Sec. 355.151. OPTION TO TREAT CLAIM AS MATURED SECURED
9169	9169	CLAIM OR PREFERRED DEBT AND LIEN
9170	9170	Sec. 355.152. PERIOD FOR SPECIFYING TREATMENT OF
9171	9171	SECURED CLAIM
9172	9172	Sec. 355.153. PAYMENT OF MATURED SECURED CLAIM
9173	9173	Sec. 355.154. PREFERRED DEBT AND LIEN
9174	9174	Sec. 355.155. PAYMENT OF MATURITIES ON PREFERRED DEBT
9175	9175	AND LIEN
9176	9176	Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE
9177	9177	Sec. 355.157. CITATION ON APPLICATION
9178	9178	Sec. 355.158. HEARING ON APPLICATION
9179	9179	Sec. 355.159. MANNER OF FORECLOSURE; MINIMUM PRICE
9180	9180	Sec. 355.160. UNSUCCESSFUL FORECLOSURE; SUBSEQUENT
9181	9181	APPLICATION
9182	9182	[Sections 355.161-355.200 reserved for expansion]
9183	9183	SUBCHAPTER E. CLAIMS INVOLVING PERSONAL REPRESENTATIVES
9184	9184	Sec. 355.201. CLAIM BY PERSONAL REPRESENTATIVE
9185	9185	Sec. 355.202. CLAIMS AGAINST PERSONAL REPRESENTATIVES
9186	9186	Sec. 355.203. PURCHASE OF CLAIM BY PERSONAL
9187	9187	REPRESENTATIVE PROHIBITED
9188	9188	CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
9189	9189	SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST ESTATES IN GENERAL
9190	9190	Sec. 355.001. PRESENTMENT OF CLAIM TO PERSONAL
9191	9191	REPRESENTATIVE. A claim may be presented to a personal
9192	9192	representative of an estate at any time before the estate is closed
9193	9193	if suit on the claim has not been barred by the general statutes of
9194	9194	limitation. (Tex. Prob. Code, Sec. 298(a) (part).)
9195	9195	Sec. 355.002. PRESENTMENT OF CLAIM TO CLERK. (a) A claim
9196	9196	may also be presented by depositing the claim with the clerk with
9197	9197	vouchers and the necessary exhibits and affidavit attached to the
9198	9198	claim. On receiving a claim deposited under this subsection, the
9199	9199	clerk shall advise the personal representative or the
9200	9200	representative's attorney of the deposit of the claim by a letter
9201	9201	mailed to the representative's last known address.
9202	9202	(b) A claim deposited under Subsection (a) is presumed to be
9203	9203	rejected if the personal representative fails to act on the claim on
9204	9204	or before the 30th day after the date the claim is deposited.
9205	9205	(c) Failure of the clerk to give the notice required under
9206	9206	Subsection (a) does not affect the validity of the presentment or
9207	9207	the presumption of rejection because the personal representative
9208	9208	does not act on the claim within the 30-day period prescribed by
9209	9209	Subsection (b).
9210	9210	(d) The clerk shall enter a claim deposited under Subsection
9211	9211	(a) on the claim docket. (Tex. Prob. Code, Sec. 308.)
9212	9212	Sec. 355.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM. If the
9213	9213	instrument evidencing or supporting a claim provides for attorney's
9214	9214	fees, the claimant may include as a part of the claim the portion of
9215	9215	attorney's fees the claimant has paid or contracted to pay to an
9216	9216	attorney to prepare, present, and collect the claim. (Tex. Prob.
9217	9217	Code, Sec. 307.)
9218	9218	Sec. 355.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN
9219	9219	GENERAL. (a) Except as provided by Section 355.005, a claim for
9220	9220	money against an estate must be supported by an affidavit that
9221	9221	states:
9222	9222	(1) that the claim is just;
9223	9223	(2) that all legal offsets, payments, and credits
9224	9224	known to the affiant have been allowed; and
9225	9225	(3) if the claim is not founded on a written instrument
9226	9226	or account, the facts on which the claim is founded.
9227	9227	(b) A photostatic copy of an exhibit or voucher necessary to
9228	9228	prove a claim may be offered with and attached to the claim instead
9229	9229	of attaching the original. (Tex. Prob. Code, Sec. 301 (part).)
9230	9230	Sec. 355.005. AFFIDAVIT AUTHENTICATING CLAIM OF
9231	9231	CORPORATION OR OTHER ENTITY. (a) An authorized officer or
9232	9232	representative of a corporation or other entity shall make the
9233	9233	affidavit required to authenticate a claim of the corporation or
9234	9234	entity.
9235	9235	(b) In an affidavit made by an officer of a corporation, or
9236	9236	by an executor, administrator, trustee, assignee, agent,
9237	9237	representative, or attorney, it is sufficient to state that the
9238	9238	affiant has made diligent inquiry and examination and believes the
9239	9239	claim is just and that all legal offsets, payments, and credits made
9240	9240	known to the affiant have been allowed. (Tex. Prob. Code, Sec.
9241	9241	304.)
9242	9242	Sec. 355.006. LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.
9243	9243	If evidence of a claim is lost or destroyed, the claimant or an
9244	9244	authorized representative or agent of the claimant may make an
9245	9245	affidavit to the fact of the loss or destruction. The affidavit must
9246	9246	state:
9247	9247	(1) the amount, date, and nature of the claim;
9248	9248	(2) the due date of the claim;
9249	9249	(3) that the claim is just;
9250	9250	(4) that all legal offsets, payments, and credits
9251	9251	known to the affiant have been allowed; and
9252	9252	(5) that the claimant is still the owner of the claim.
9253	9253	(Tex. Prob. Code, Sec. 303 (part).)
9254	9254	Sec. 355.007. WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS OF
9255	9255	INSUFFICIENCY. A defect of form or a claim of insufficiency of a
9256	9256	presented exhibit or voucher is considered waived by the personal
9257	9257	representative unless a written objection to the defect or
9258	9258	insufficiency is made not later than the 30th day after the date the
9259	9259	claim is presented and is filed with the county clerk. (Tex. Prob.
9260	9260	Code, Sec. 302.)
9261	9261	Sec. 355.008. EFFECT ON STATUTES OF LIMITATION OF
9262	9262	PRESENTMENT OF OR SUIT ON CLAIM. The general statutes of limitation
9263	9263	are tolled on the date:
9264	9264	(1) a claim for money is filed or deposited with the
9265	9265	clerk; or
9266	9266	(2) suit is brought against the personal
9267	9267	representative of an estate with respect to a claim of the estate
9268	9268	that is not required to be presented to the representative. (Tex.
9269	9269	Prob. Code, Sec. 299.)
9270	9270	[Sections 355.009-355.050 reserved for expansion]
9271	9271	SUBCHAPTER B. ACTION ON CLAIMS
9272	9272	Sec. 355.051. ALLOWANCE OR REJECTION OF CLAIM. A personal
9273	9273	representative of an estate shall, not later than the 30th day after
9274	9274	the date an authenticated claim against the estate is presented to
9275	9275	the representative, or deposited with the clerk as provided under
9276	9276	Section 355.002, endorse on the claim, attach to the claim, or file
9277	9277	with the clerk a memorandum signed by the representative stating:
9278	9278	(1) the date the claim was presented or deposited; and
9279	9279	(2) whether the representative allows or rejects the
9280	9280	claim, or if the representative allows or rejects a part of the
9281	9281	claim, the portion the representative allows or rejects. (Tex.
9282	9282	Prob. Code, Sec. 309.)
9283	9283	Sec. 355.052. FAILURE TO TIMELY ALLOW OR REJECT CLAIM. The
9284	9284	failure of a personal representative to timely allow or reject a
9285	9285	claim under Section 355.051 constitutes a rejection of the claim.
9286	9286	If the claim is established by suit after that rejection:
9287	9287	(1) the costs shall be taxed against the
9288	9288	representative, individually; or
9289	9289	(2) the representative may be removed on the written
9290	9290	complaint of any person interested in the claim after personal
9291	9291	service of citation, hearing, and proof, as in other cases of
9292	9292	removal. (Tex. Prob. Code, Sec. 310.)
9293	9293	Sec. 355.053. CLAIM ENTERED ON CLAIM DOCKET. After a claim
9294	9294	against an estate has been presented to the personal representative
9295	9295	and allowed or rejected, wholly or partly, by the representative,
9296	9296	the claim must be filed with the county clerk of the proper county.
9297	9297	The clerk shall enter the claim on the claim docket. (Tex. Prob.
9298	9298	Code, Sec. 311.)
9299	9299	Sec. 355.054. CONTEST OF CLAIM. (a) A person interested in
9300	9300	an estate may, at any time before the court has acted on a claim,
9301	9301	appear and object in writing to the approval of the claim or any
9302	9302	part of the claim.
9303	9303	(b) If a person objects under Subsection (a):
9304	9304	(1) the parties are entitled to process for witnesses;
9305	9305	and
9306	9306	(2) the court shall hear evidence and render judgment
9307	9307	as in ordinary suits. (Tex. Prob. Code, Sec. 312(a).)
9308	9308	Sec. 355.055. COURT'S ACTION ON CLAIM. The court shall:
9309	9309	(1) act on each claim that has been allowed and entered
9310	9310	on the claim docket for a period of 10 days either approving the
9311	9311	claim wholly or partly or disapproving the claim; and
9312	9312	(2) concurrently classify the claim. (Tex. Prob.
9313	9313	Code, Sec. 312(b).)
9314	9314	Sec. 355.056. HEARING ON CERTAIN CLAIMS. (a) If a claim is
9315	9315	properly authenticated and allowed but the court is not satisfied
9316	9316	that the claim is just, the court shall:
9317	9317	(1) examine the claimant and the personal
9318	9318	representative under oath; and
9319	9319	(2) hear other evidence necessary to determine the
9320	9320	issue.
9321	9321	(b) If after conducting the examination and hearing the
9322	9322	evidence under Subsection (a) the court is not convinced that the
9323	9323	claim is just, the court shall disapprove the claim. (Tex. Prob.
9324	9324	Code, Sec. 312(c).)
9325	9325	Sec. 355.057. COURT ORDER REGARDING ACTION ON CLAIM. (a)
9326	9326	The court acting on a claim shall state the exact action taken on
9327	9327	the claim, whether the claim is approved or disapproved, or
9328	9328	approved in part and disapproved in part, and the classification of
9329	9329	the claim by endorsing on or attaching to the claim a written
9330	9330	memorandum that is dated and officially signed.
9331	9331	(b) An order under Subsection (a) has the effect of a final
9332	9332	judgment. (Tex. Prob. Code, Sec. 312(d).)
9333	9333	Sec. 355.058. APPEAL OF COURT'S ACTION ON CLAIM. A claimant
9334	9334	or any person interested in an estate who is dissatisfied with the
9335	9335	court's action on a claim may appeal the action to the court of
9336	9336	appeals in the manner other judgments of the county court in probate
9337	9337	matters are appealed. (Tex. Prob. Code, Sec. 312(e).)
9338	9338	Sec. 355.059. ALLOWANCE AND APPROVAL PROHIBITED WITHOUT
9339	9339	AFFIDAVIT. A personal representative of an estate may not allow,
9340	9340	and the court may not approve, a claim for money against the estate
9341	9341	unless the claim is supported by an affidavit that meets the
9342	9342	applicable requirements of Sections 355.004(a) and 355.005. (Tex.
9343	9343	Prob. Code, Sec. 301 (part).)
9344	9344	Sec. 355.060. UNSECURED CLAIMS BARRED UNDER CERTAIN
9345	9345	CIRCUMSTANCES. If a personal representative gives a notice
9346	9346	permitted by Section 308.054 to an unsecured creditor for money and
9347	9347	the creditor's claim is not presented within four months after the
9348	9348	date of receipt of the notice, the claim is barred. (Tex. Prob.
9349	9349	Code, Sec. 298(a) (part).)
9350	9350	Sec. 355.061. ALLOWING BARRED CLAIM PROHIBITED: COURT
9351	9351	DISAPPROVAL. (a) A personal representative may not allow a claim
9352	9352	for money against a decedent or the decedent's estate if a suit on
9353	9353	the claim is barred:
9354	9354	(1) under Section 355.060, 355.064, or 355.201(b); or
9355	9355	(2) by an applicable general statute of limitation.
9356	9356	(b) A claim for money that is allowed by the personal
9357	9357	representative shall be disapproved if the court is satisfied that
9358	9358	the claim is barred, including because the limitation has run.
9359	9359	(Tex. Prob. Code, Sec. 298(b).)
9360	9360	Sec. 355.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR
9361	9361	DESTROYED EVIDENCE VOID. (a) Before a claim the evidence for which
9362	9362	is lost or destroyed is approved, the claim must be proved by
9363	9363	disinterested testimony taken in open court or by oral or written
9364	9364	deposition.
9365	9365	(b) The allowance or approval of a claim the evidence for
9366	9366	which is lost or destroyed is void if the claim is:
9367	9367	(1) allowed or approved without the affidavit under
9368	9368	Section 355.006; or
9369	9369	(2) approved without satisfactory proof. (Tex. Prob.
9370	9370	Code, Sec. 303 (part).)
9371	9371	Sec. 355.063. CLAIMS NOT ALLOWED AFTER ORDER FOR PARTITION
9372	9372	AND DISTRIBUTION. After an order for final partition and
9373	9373	distribution of an estate has been made:
9374	9374	(1) a claim for money against the estate may not be
9375	9375	allowed by a personal representative;
9376	9376	(2) a suit may not be commenced against the
9377	9377	representative on a claim for money against the estate; and
9378	9378	(3) the owner of any claim that is not barred by the
9379	9379	laws of limitation has a right of action on the claim against the
9380	9380	heirs, devisees, or creditors of the estate, limited to the value of
9381	9381	the property received by those heirs, devisees, or creditors in
9382	9382	distributions from the estate. (Tex. Prob. Code, Sec. 318.)
9383	9383	Sec. 355.064. SUIT ON REJECTED CLAIM. (a) A claim or part
9384	9384	of a claim that has been rejected by the personal representative is
9385	9385	barred unless not later than the 90th day after the date of
9386	9386	rejection the claimant commences suit on the claim in the court of
9387	9387	original probate jurisdiction in which the estate is pending.
9388	9388	(b) In a suit commenced on the rejected claim, the
9389	9389	memorandum endorsed on or attached to the claim, or any other
9390	9390	memorandum of rejection filed with respect to the claim, is taken to
9391	9391	be true without further proof unless denied under oath. (Tex. Prob.
9392	9392	Code, Sec. 313 (part).)
9393	9393	Sec. 355.065. PRESENTMENT OF CLAIM PREREQUISITE FOR
9394	9394	JUDGMENT. A judgment may not be rendered in favor of a claimant on a
9395	9395	claim for money that has not been:
9396	9396	(1) legally presented to the personal representative
9397	9397	of an estate; and
9398	9398	(2) wholly or partly rejected by the representative or
9399	9399	disapproved by the court. (Tex. Prob. Code, Sec. 314.)
9400	9400	Sec. 355.066. JUDGMENT IN SUIT ON REJECTED CLAIM. No
9401	9401	execution may issue on a rejected claim or part of a claim that is
9402	9402	established by suit. The judgment in the suit shall be:
9403	9403	(1) filed in the court in which the estate is pending;
9404	9404	(2) entered on the claim docket;
9405	9405	(3) classified by the court; and
9406	9406	(4) handled as if originally allowed and approved in
9407	9407	due course of administration. (Tex. Prob. Code, Sec. 313 (part).)
9408	9408	[Sections 355.067-355.100 reserved for expansion]
9409	9409	SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
9410	9410	Sec. 355.101. APPROVAL OR ESTABLISHMENT OF CLAIM REQUIRED
9411	9411	FOR PAYMENT. A claim or any part of a claim for money against an
9412	9412	estate may not be paid until the claim or part of the claim has been
9413	9413	approved by the court or established by the judgment of a court of
9414	9414	competent jurisdiction. (Tex. Prob. Code, Sec. 319.)
9415	9415	Sec. 355.102. CLAIMS CLASSIFICATION; PRIORITY OF PAYMENT.
9416	9416	(a) Claims against an estate shall be classified and have priority
9417	9417	of payment as provided by this section.
9418	9418	(b) Class 1 claims are composed of funeral expenses and
9419	9419	expenses of the decedent's last illness for a reasonable amount
9420	9420	approved by the court, not to exceed a total of $15,000. Any excess
9421	9421	shall be classified and paid as other unsecured claims.
9422	9422	(c) Class 2 claims are composed of expenses of
9423	9423	administration, expenses incurred in preserving, safekeeping, and
9424	9424	managing the estate, including fees and expenses awarded under
9425	9425	Section 352.052, and unpaid expenses of administration awarded in a
9426	9426	guardianship of the decedent.
9427	9427	(d) Class 3 claims are composed of each secured claim for
9428	9428	money under Section 355.151(a)(1), including a tax lien, to the
9429	9429	extent the claim can be paid out of the proceeds of the property
9430	9430	subject to the mortgage or other lien. If more than one mortgage,
9431	9431	lien, or security interest exists on the same property, the claims
9432	9432	shall be paid in order of priority of the mortgage, lien, or
9433	9433	security interest securing the debt.
9434	9434	(e) Class 4 claims are composed of claims for the principal
9435	9435	amount of and accrued interest on delinquent child support and
9436	9436	child support arrearages that have been confirmed and reduced to
9437	9437	money judgment, as determined under Subchapter F, Chapter 157,
9438	9438	Family Code, and claims for unpaid child support obligations under
9439	9439	Section 154.015, Family Code.
9440	9440	(f) Class 5 claims are composed of claims for taxes,
9441	9441	penalties, and interest due under Title 2, Tax Code, Chapter 2153,
9442	9442	Occupations Code, Section 81.111, Natural Resources Code, the
9443	9443	Municipal Sales and Use Tax Act (Chapter 321, Tax Code), Section
9444	9444	451.404, Transportation Code, or Subchapter I, Chapter 452,
9445	9445	Transportation Code.
9446	9446	(g) Class 6 claims are composed of claims for the cost of
9447	9447	confinement established by the institutional division of the Texas
9448	9448	Department of Criminal Justice under Section 501.017, Government
9449	9449	Code.
9450	9450	(h) Class 7 claims are composed of claims for repayment of
9451	9451	medical assistance payments made by the state under Chapter 32,
9452	9452	Human Resources Code, to or for the benefit of the decedent.
9453	9453	(i) Class 8 claims are composed of any other claims not
9454	9454	described by Subsections (b)-(h). (Tex. Prob. Code, Sec. 322.)
9455	9455	Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS. When a
9456	9456	personal representative has estate funds in the representative's
9457	9457	possession, the representative shall pay in the following order:
9458	9458	(1) funeral expenses and expenses of the decedent's
9459	9459	last illness, in an amount not to exceed $15,000;
9460	9460	(2) allowances made to the decedent's surviving spouse
9461	9461	and children, or to either the surviving spouse or children;
9462	9462	(3) expenses of administration and expenses incurred
9463	9463	in preserving, safekeeping, and managing the estate; and
9464	9464	(4) other claims against the estate in the order of the
9465	9465	claims' classifications. (Tex. Prob. Code, Sec. 320(a).)
9466	9466	Sec. 355.104. PAYMENT OF PROCEEDS FROM SALE OF PROPERTY
9467	9467	SECURING DEBT. (a) If a personal representative has the proceeds
9468	9468	of a sale made to satisfy a mortgage, lien, or security interest,
9469	9469	and the proceeds or any part of the proceeds are not required for
9470	9470	the payment of any debts against the estate that have a preference
9471	9471	over the mortgage, lien, or security interest, the representative
9472	9472	shall pay the proceeds to any holder of a mortgage, lien, or
9473	9473	security interest. If there is more than one mortgage, lien, or
9474	9474	security interest against the property, the representative shall
9475	9475	pay the proceeds to the holders of the mortgages, liens, or security
9476	9476	interests in the order of priority of the holders' mortgages,
9477	9477	liens, or security interests.
9478	9478	(b) A holder of a mortgage, lien, or security interest, on
9479	9479	proof of a personal representative's failure to pay proceeds under
9480	9480	this section, may obtain an order from the court directing the
9481	9481	payment to be made. (Tex. Prob. Code, Sec. 320(b).)
9482	9482	Sec. 355.105. CLAIMANT'S PETITION FOR ALLOWANCE AND PAYMENT
9483	9483	OF CLAIM. A claimant whose claim has not been paid may:
9484	9484	(1) petition the court for determination of the claim
9485	9485	at any time before the claim is barred by an applicable statute of
9486	9486	limitations; and
9487	9487	(2) procure on due proof an order for the claim's
9488	9488	allowance and payment from the estate. (Tex. Prob. Code, Sec.
9489	9489	320(c).)
9490	9490	Sec. 355.106. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9491	9491	PERSONAL REPRESENTATIVE. After the sixth month after the date
9492	9492	letters testamentary or of administration are granted, the court
9493	9493	may order a personal representative to pay any claim that is allowed
9494	9494	and approved on application by the representative stating that the
9495	9495	representative has no actual knowledge of any outstanding
9496	9496	enforceable claim against the estate other than the claims already
9497	9497	approved and classified by the court. (Tex. Prob. Code, Sec.
9498	9498	320(d).)
9499	9499	Sec. 355.107. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9500	9500	CREDITOR. (a) At any time after the first anniversary of the date
9501	9501	letters testamentary are granted for an estate, a creditor of the
9502	9502	estate whose claim or part of a claim has been approved by the court
9503	9503	or established by suit may obtain an order directing that payment of
9504	9504	the claim or part of the claim be made on written application and
9505	9505	proof, except as provided by Subsection (b), showing that the
9506	9506	estate has sufficient available funds.
9507	9507	(b) If the estate does not have available funds to pay a
9508	9508	claim or part of a claim described by Subsection (a) and waiting for
9509	9509	the estate to receive funds from other sources would unreasonably
9510	9510	delay the payment, the court shall order the sale of estate property
9511	9511	sufficient to make the payment.
9512	9512	(c) The personal representative of the estate must first be
9513	9513	cited on a written application under Subsection (a) to appear and
9514	9514	show cause why the order should not be made. (Tex. Prob. Code, Sec.
9515	9515	326.)
9516	9516	Sec. 355.108. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
9517	9517	CLAIMS OF SAME CLASS. (a) If there are insufficient assets to pay
9518	9518	all claims of the same class, other than secured claims for money,
9519	9519	the claims in that class shall be paid pro rata, as directed by the
9520	9520	court, and in the order directed.
9521	9521	(b) A personal representative may not be allowed to pay a
9522	9522	claim under Subsection (a) other than with the pro rata amount of
9523	9523	the estate funds that have come into the representative's
9524	9524	possession, regardless of whether the estate is solvent or
9525	9525	insolvent. (Tex. Prob. Code, Sec. 321.)
9526	9526	Sec. 355.109. ABATEMENT OF BEQUESTS. (a) Except as
9527	9527	provided by Subsections (b), (c), and (d), a decedent's property is
9528	9528	liable for debts and expenses of administration other than estate
9529	9529	taxes, and bequests abate in the following order:
9530	9530	(1) property not disposed of by will, but passing by
9531	9531	intestacy;
9532	9532	(2) personal property of the residuary estate;
9533	9533	(3) real property of the residuary estate;
9534	9534	(4) general bequests of personal property;
9535	9535	(5) general devises of real property;
9536	9536	(6) specific bequests of personal property; and
9537	9537	(7) specific devises of real property.
9538	9538	(b) This section does not affect the requirements for
9539	9539	payment of a claim of a secured creditor who elects to have the
9540	9540	claim continued as a preferred debt and lien against specific
9541	9541	property under Subchapter D.
9542	9542	(c) A decedent's intent expressed in a will controls over
9543	9543	the abatement of bequests provided by this section.
9544	9544	(d) This section does not apply to the payment of estate
9545	9545	taxes under Subchapter A, Chapter 124. (Tex. Prob. Code, Sec.
9546	9546	322B.)
9547	9547	Sec. 355.110. ALLOCATION OF FUNERAL EXPENSES. A personal
9548	9548	representative paying a claim for funeral expenses and for items
9549	9549	incident to the funeral, such as a tombstone, grave marker, crypt,
9550	9550	or burial plot:
9551	9551	(1) shall charge all of the claim to the decedent's
9552	9552	estate; and
9553	9553	(2) may not charge any part of the claim to the
9554	9554	community share of a surviving spouse. (Tex. Prob. Code, Sec.
9555	9555	320A.)
9556	9556	Sec. 355.111. PAYMENT OF COURT COSTS RELATING TO CLAIM. All
9557	9557	costs incurred in the probate court with respect to a claim shall be
9558	9558	taxed as follows:
9559	9559	(1) if the claim is allowed and approved, the estate
9560	9560	shall pay the costs;
9561	9561	(2) if the claim is allowed but disapproved, the
9562	9562	claimant shall pay the costs;
9563	9563	(3) if the claim is rejected but established by suit,
9564	9564	the estate shall pay the costs;
9565	9565	(4) if the claim is rejected and not established by
9566	9566	suit, the claimant shall pay the costs, except as provided by
9567	9567	Section 355.052; and
9568	9568	(5) if the claim is rejected in part and the claimant
9569	9569	fails, in a suit to establish the claim, to recover a judgment for a
9570	9570	greater amount than was allowed or approved for the claim, the
9571	9571	claimant shall pay all costs in the suit. (Tex. Prob. Code, Sec.
9572	9572	315.)
9573	9573	Sec. 355.112. JOINT OBLIGATION FOR PAYMENT OF CERTAIN
9574	9574	DEBTS. On the death of a person jointly bound with one or more other
9575	9575	persons for the payment of a debt or for any other purpose, the
9576	9576	decedent's estate shall be charged by virtue of the obligation in
9577	9577	the same manner as if the obligors had been bound severally as well
9578	9578	as jointly. (Tex. Prob. Code, Sec. 323.)
9579	9579	Sec. 355.113. LIABILITY FOR NONPAYMENT OF CLAIM. (a) A
9580	9580	person or claimant, except the state treasury, entitled to payment
9581	9581	from an estate of money the court orders to be paid is authorized to
9582	9582	have execution issued against the estate property for the amount
9583	9583	due, with interest and costs, if:
9584	9584	(1) the personal representative fails to pay the money
9585	9585	on demand;
9586	9586	(2) estate funds are available to make the payment;
9587	9587	and
9588	9588	(3) the person or claimant makes an affidavit of the
9589	9589	demand for payment and the representative's failure to pay.
9590	9590	(b) The court may cite the personal representative and the
9591	9591	sureties on the representative's bond to show cause why the
9592	9592	representative and sureties should not be held liable under
9593	9593	Subsection (a) for the debt, interest, costs, and damages:
9594	9594	(1) on return of the execution not satisfied; or
9595	9595	(2) on the affidavit of demand and failure to pay under
9596	9596	Subsection (a).
9597	9597	(c) On the return of citation served under Subsection (b),
9598	9598	the court shall render judgment against the cited personal
9599	9599	representative and sureties, in favor of the claim holder, if good
9600	9600	cause why the representative and sureties should not be held liable
9601	9601	is not shown. The judgment must be for:
9602	9602	(1) the amount previously ordered to be paid or
9603	9603	established by suit that remains unpaid, together with interest and
9604	9604	costs; and
9605	9605	(2) damages on the amount neglected to be paid at the
9606	9606	rate of five percent per month for each month, or fraction of a
9607	9607	month, that the payment was neglected to be paid after demand was
9608	9608	made.
9609	9609	(d) Damages ordered under Subsection (c)(2) may be
9610	9610	collected in any court of competent jurisdiction. (Tex. Prob.
9611	9611	Code, Sec. 328.)
9612	9612	[Sections 355.114-355.150 reserved for expansion]
9613	9613	SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY
9614	9614	Sec. 355.151. OPTION TO TREAT CLAIM AS MATURED SECURED
9615	9615	CLAIM OR PREFERRED DEBT AND LIEN. (a) If a secured claim for money
9616	9616	against an estate is presented, the claimant shall specify in the
9617	9617	claim, in addition to all other matters required to be specified in
9618	9618	the claim, whether the claimant desires to have the claim:
9619	9619	(1) allowed and approved as a matured secured claim to
9620	9620	be paid in due course of administration, in which case the claim
9621	9621	shall be paid in that manner if allowed and approved; or
9622	9622	(2) allowed, approved, and fixed as a preferred debt
9623	9623	and lien against the specific property securing the indebtedness
9624	9624	and paid according to the terms of the contract that secured the
9625	9625	lien, in which case the claim shall be so allowed and approved if it
9626	9626	is a valid lien.
9627	9627	(b) Notwithstanding Subsection (a)(2), the personal
9628	9628	representative may pay a claim that the claimant desired to have
9629	9629	allowed, approved, and fixed as a preferred debt and lien as
9630	9630	described by Subsection (a)(2) before maturity if that payment is
9631	9631	in the best interest of the estate. (Tex. Prob. Code, Sec. 306(a).)
9632	9632	Sec. 355.152. PERIOD FOR SPECIFYING TREATMENT OF SECURED
9633	9633	CLAIM. (a) A secured creditor may present the creditor's claim for
9634	9634	money and shall specify within the later of six months after the
9635	9635	date letters testamentary or of administration are granted, or four
9636	9636	months after the date notice required to be given under Section
9637	9637	308.053 is received, whether the claim is to be allowed and approved
9638	9638	under Section 355.151(a)(1) or (2).
9639	9639	(b) A secured claim for money that is not presented within
9640	9640	the period prescribed by Subsection (a) or that is presented
9641	9641	without specifying how the claim is to be paid under Section 355.151
9642	9642	shall be treated as a claim to be paid in accordance with Section
9643	9643	355.151(a)(2). (Tex. Prob. Code, Sec. 306(b).)
9644	9644	Sec. 355.153. PAYMENT OF MATURED SECURED CLAIM. (a) A
9645	9645	claim allowed and approved as a matured secured claim under Section
9646	9646	355.151(a)(1) shall be paid in due course of administration, and
9647	9647	the secured creditor is not entitled to exercise any other remedy in
9648	9648	a manner that prevents the preferential payment of claims and
9649	9649	allowances described by Sections 355.103(1), (2), and (3).
9650	9650	(b) If a claim is allowed and approved as a matured secured
9651	9651	claim under Section 355.151(a)(1) for a debt that would otherwise
9652	9652	pass with the property securing the debt to one or more devisees in
9653	9653	accordance with Section 255.301, the personal representative
9654	9654	shall:
9655	9655	(1) collect from the devisees the amount of the debt;
9656	9656	and
9657	9657	(2) pay that amount to the claimant in satisfaction of
9658	9658	the claim.
9659	9659	(c) Each devisee's share of the debt under Subsection (b) is
9660	9660	an amount equal to a fraction representing the devisee's ownership
9661	9661	interest in the property securing the debt, multiplied by the
9662	9662	amount of the debt.
9663	9663	(d) If the personal representative is unable to collect from
9664	9664	the devisees an amount sufficient to pay the debt under Subsection
9665	9665	(b), the representative shall, subject to Chapter 356, sell the
9666	9666	property securing the debt. The representative shall:
9667	9667	(1) use the sale proceeds to pay the debt and any
9668	9668	expenses associated with the sale; and
9669	9669	(2) distribute the remaining sale proceeds to each
9670	9670	devisee in an amount equal to a fraction representing the devisee's
9671	9671	ownership interest in the property, multiplied by the amount of the
9672	9672	remaining sale proceeds.
9673	9673	(e) If the sale proceeds under Subsection (d) are
9674	9674	insufficient to pay the debt and any expenses associated with the
9675	9675	sale, the difference between the sale proceeds and the sum of the
9676	9676	amount of the debt and the expenses associated with the sale shall
9677	9677	be paid in the manner prescribed by Subsection (a). (Tex. Prob.
9678	9678	Code, Secs. 306(c), (c-1).)
9679	9679	Sec. 355.154. PREFERRED DEBT AND LIEN. When a claim for a
9680	9680	debt is allowed and approved under Section 355.151(a)(2):
9681	9681	(1) a further claim for the debt may not be made
9682	9682	against other estate assets;
9683	9683	(2) the debt thereafter remains a preferred lien
9684	9684	against the property securing the debt; and
9685	9685	(3) the property remains security for the debt in any
9686	9686	distribution or sale of the property before final maturity and
9687	9687	payment of the debt. (Tex. Prob. Code, Sec. 306(d).)
9688	9688	Sec. 355.155. PAYMENT OF MATURITIES ON PREFERRED DEBT AND
9689	9689	LIEN. (a) If property securing a debt for which a claim is allowed,
9690	9690	approved, and fixed under Section 355.151(a)(2) is not sold or
9691	9691	distributed within six months from the date letters testamentary or
9692	9692	of administration are granted, the personal representative of the
9693	9693	estate shall:
9694	9694	(1) promptly pay all maturities that have accrued on
9695	9695	the debt according to the terms of the debt; and
9696	9696	(2) perform all the terms of any contract securing the
9697	9697	debt.
9698	9698	(b) If the personal representative defaults in payment or
9699	9699	performance under Subsection (a), on application of the claim
9700	9700	holder, the court shall:
9701	9701	(1) require the sale of the property subject to the
9702	9702	unmatured part of the debt and apply the proceeds of the sale to the
9703	9703	liquidation of the maturities;
9704	9704	(2) require the sale of the property free of the lien
9705	9705	and apply the proceeds to the payment of the whole debt; or
9706	9706	(3) authorize foreclosure by the claim holder as
9707	9707	provided by this subchapter. (Tex. Prob. Code, Sec. 306(e).)
9708	9708	Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE. An
9709	9709	application by a claim holder under Section 355.155(b)(3) to
9710	9710	foreclose the claim holder's mortgage, lien, or security interest
9711	9711	on property securing a claim allowed, approved, and fixed under
9712	9712	Section 355.151(a)(2) must be supported by the claim holder's
9713	9713	affidavit that:
9714	9714	(1) describes the property or part of the property to
9715	9715	be sold by foreclosure;
9716	9716	(2) describes the amounts of the claim holder's
9717	9717	outstanding debt;
9718	9718	(3) describes the maturities that have accrued on the
9719	9719	debt according to the terms of the debt;
9720	9720	(4) describes any other debts secured by a mortgage,
9721	9721	lien, or security interest against the property that are known by
9722	9722	the claim holder;
9723	9723	(5) contains a statement that the claim holder has no
9724	9724	knowledge of the existence of any debt secured by the property other
9725	9725	than those described by the application; and
9726	9726	(6) requests permission for the claim holder to
9727	9727	foreclose the claim holder's mortgage, lien, or security interest.
9728	9728	(Tex. Prob. Code, Sec. 306(f).)
9729	9729	Sec. 355.157. CITATION ON APPLICATION. (a) The clerk shall
9730	9730	issue citation on the filing of an application by:
9731	9731	(1) personal service to:
9732	9732	(A) the personal representative; and
9733	9733	(B) any person described by the application as
9734	9734	having other debts secured by a mortgage, lien, or security
9735	9735	interest against the property; and
9736	9736	(2) posting to any other person interested in the
9737	9737	estate.
9738	9738	(b) A citation issued under Subsection (a) must require the
9739	9739	person cited to appear and show cause why foreclosure should or
9740	9740	should not be permitted. (Tex. Prob. Code, Sec. 306(g).)
9741	9741	Sec. 355.158. HEARING ON APPLICATION. (a) The clerk shall
9742	9742	immediately notify the judge when an application is filed. The
9743	9743	judge shall schedule in writing a date for a hearing on the
9744	9744	application.
9745	9745	(b) The judge may, by entry on the docket or otherwise,
9746	9746	continue a hearing on an application for a reasonable time to allow
9747	9747	an interested person to obtain an appraisal or other evidence
9748	9748	concerning the fair market value of the property that is the subject
9749	9749	of the application. If the interested person requests an
9750	9750	unreasonable time for a continuance, the interested person must
9751	9751	show good cause for the continuance.
9752	9752	(c) If the court finds at the hearing that there is a default
9753	9753	in payment of maturities that have accrued on a debt described by
9754	9754	Section 355.155(a) or performance under the contract securing the
9755	9755	debt, the court shall:
9756	9756	(1) require the sale of the property subject to the
9757	9757	unmatured part of the debt and apply the proceeds of the sale to the
9758	9758	liquidation of the maturities;
9759	9759	(2) require the sale of the property free of the lien
9760	9760	and apply the proceeds to the payment of the whole debt; or
9761	9761	(3) authorize foreclosure by the claim holder as
9762	9762	provided by Section 355.156.
9763	9763	(d) A person interested in the estate may appeal an order
9764	9764	issued under Subsection (c)(3). (Tex. Prob. Code, Secs. 306(h),
9765	9765	(i)(1), (j).)
9766	9766	Sec. 355.159. MANNER OF FORECLOSURE; MINIMUM PRICE. (a)
9767	9767	When the court grants a claim holder the right of foreclosure at a
9768	9768	hearing under Section 355.158, the court shall authorize the claim
9769	9769	holder to foreclose the claim holder's mortgage, lien, or security
9770	9770	interest:
9771	9771	(1) in accordance with the provisions of the document
9772	9772	creating the mortgage, lien, or security interest; or
9773	9773	(2) in any other manner allowed by law.
9774	9774	(b) Based on the evidence presented at the hearing, the
9775	9775	court may set a minimum price for the property to be sold by
9776	9776	foreclosure that does not exceed the fair market value of the
9777	9777	property. If the court sets a minimum price, the property may not
9778	9778	be sold at the foreclosure sale for a lower price. (Tex. Prob.
9779	9779	Code, Sec. 306(i)(2).)
9780	9780	Sec. 355.160. UNSUCCESSFUL FORECLOSURE; SUBSEQUENT
9781	9781	APPLICATION. If property that is the subject of a foreclosure sale
9782	9782	authorized and conducted under this subchapter is not sold because
9783	9783	no bid at the sale met the minimum price set by the court, the claim
9784	9784	holder may file a subsequent application for foreclosure under
9785	9785	Section 355.155(b)(3). The court may eliminate or modify the
9786	9786	minimum price requirement and grant permission for another
9787	9787	foreclosure sale. (Tex. Prob. Code, Sec. 306(k).)
9788	9788	[Sections 355.161-355.200 reserved for expansion]
9789	9789	SUBCHAPTER E. CLAIMS INVOLVING PERSONAL REPRESENTATIVES
9790	9790	Sec. 355.201. CLAIM BY PERSONAL REPRESENTATIVE. (a) The
9791	9791	provisions of this chapter regarding the presentment of claims
9792	9792	against a decedent's estate may not be construed to apply to any
9793	9793	claim of a personal representative against the decedent.
9794	9794	(b) A personal representative holding a claim against the
9795	9795	decedent shall file the claim in the court granting the letters
9796	9796	testamentary or of administration, verified by affidavit as
9797	9797	required in other cases, within six months after the date the
9798	9798	representative qualifies, or the claim is barred.
9799	9799	(c) A claim by a personal representative that has been filed
9800	9800	with the court within the required period shall be entered on the
9801	9801	claim docket and acted on by the court in the same manner as in other
9802	9802	cases.
9803	9803	(d) A personal representative may appeal a judgment of the
9804	9804	court acting on a claim under this section as in other cases.
9805	9805	(e) The previous provisions regarding the presentment of
9806	9806	claims may not be construed to apply to a claim:
9807	9807	(1) of any heir or devisee who claims in that capacity;
9808	9808	(2) that accrues against the estate after the granting
9809	9809	of letters testamentary or of administration and for which the
9810	9810	personal representative has contracted; or
9811	9811	(3) for delinquent ad valorem taxes against a
9812	9812	decedent's estate that is being administered in probate in:
9813	9813	(A) a county other than the county in which the
9814	9814	taxes were imposed; or
9815	9815	(B) the same county in which the taxes were
9816	9816	imposed, if the probate proceedings have been pending for more than
9817	9817	four years. (Tex. Prob. Code, Sec. 317.)
9818	9818	Sec. 355.202. CLAIMS AGAINST PERSONAL REPRESENTATIVES. (a)
9819	9819	The naming of an executor in a will does not extinguish a just claim
9820	9820	that the decedent had against the person named as executor.
9821	9821	(b) If a personal representative is indebted to the
9822	9822	decedent, the representative shall account for the debt in the same
9823	9823	manner as if the debt were cash in the representative's possession.
9824	9824	(c) Notwithstanding Subsection (b), a personal
9825	9825	representative is required to account for the debt only from the
9826	9826	date the debt becomes due if the debt was not due at the time the
9827	9827	representative received letters testamentary or of administration.
9828	9828	(Tex. Prob. Code, Sec. 316.)
9829	9829	Sec. 355.203. PURCHASE OF CLAIM BY PERSONAL REPRESENTATIVE
9830	9830	PROHIBITED. (a) It is unlawful, and cause for removal, for a
9831	9831	personal representative, whether acting under appointment by will
9832	9832	or court orders, to purchase a claim against the estate the
9833	9833	representative represents for the representative's own use or any
9834	9834	other purpose.
9835	9835	(b) On written complaint by a person interested in the
9836	9836	estate and on satisfactory proof of a violation of Subsection (a),
9837	9837	the court after citation and hearing:
9838	9838	(1) shall enter an order canceling the claim described
9839	9839	by Subsection (a); and
9840	9840	(2) may remove the personal representative who is
9841	9841	found to have violated Subsection (a).
9842	9842	(c) No part of a claim canceled under Subsection (b) may be
9843	9843	paid out of the estate. (Tex. Prob. Code, Sec. 324.)
9844	9844	CHAPTER 356. SALE OF ESTATE PROPERTY
9845	9845	SUBCHAPTER A. GENERAL PROVISIONS
9846	9846	Sec. 356.001. COURT ORDER AUTHORIZING SALE
9847	9847	Sec. 356.002. SALE AUTHORIZED BY WILL
9848	9848	[Sections 356.003-356.050 reserved for expansion]
9849	9849	SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
9850	9850	Sec. 356.051. SALE OF CERTAIN PERSONAL PROPERTY
9851	9851	REQUIRED
9852	9852	[Sections 356.052-356.100 reserved for expansion]
9853	9853	SUBCHAPTER C. SALE OF PERSONAL PROPERTY
9854	9854	Sec. 356.101. ORDER FOR SALE
9855	9855	Sec. 356.102. REQUIREMENTS FOR APPLICATION AND ORDER
9856	9856	Sec. 356.103. SALE AT PUBLIC AUCTION
9857	9857	Sec. 356.104. SALE ON CREDIT
9858	9858	Sec. 356.105. REPORT; EVIDENCE OF TITLE
9859	9859	[Sections 356.106-356.150 reserved for expansion]
9860	9860	SUBCHAPTER D. SALE OF LIVESTOCK
9861	9861	Sec. 356.151. AUTHORITY FOR SALE
9862	9862	Sec. 356.152. CONTENTS OF APPLICATION; HEARING
9863	9863	Sec. 356.153. GRANT OF APPLICATION
9864	9864	Sec. 356.154. REPORT; PASSAGE OF TITLE
9865	9865	Sec. 356.155. COMMISSION MERCHANT FEES
9866	9866	[Sections 356.156-356.200 reserved for expansion]
9867	9867	SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
9868	9868	Sec. 356.201. APPLICATION FOR SALE OF MORTGAGED
9869	9869	PROPERTY
9870	9870	Sec. 356.202. CITATION
9871	9871	Sec. 356.203. ORDER
9872	9872	[Sections 356.204-356.250 reserved for expansion]
9873	9873	SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
9874	9874	SALE
9875	9875	Sec. 356.251. APPLICATION FOR ORDER OF SALE
9876	9876	Sec. 356.252. CONTENTS OF APPLICATION
9877	9877	Sec. 356.253. CITATION
9878	9878	Sec. 356.254. OPPOSITION TO SALE
9879	9879	Sec. 356.255. HEARING ON APPLICATION AND ANY
9880	9880	OPPOSITION
9881	9881	Sec. 356.256. ORDER
9882	9882	Sec. 356.257. SALE FOR PAYMENT OF DEBTS
9883	9883	[Sections 356.258-356.300 reserved for expansion]
9884	9884	SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
9885	9885	Sec. 356.301. PERMISSIBLE TERMS
9886	9886	Sec. 356.302. SALE ON CREDIT
9887	9887	[Sections 356.303-356.350 reserved for expansion]
9888	9888	SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
9889	9889	Sec. 356.351. APPLICABILITY OF SUBCHAPTER
9890	9890	Sec. 356.352. APPLICATION AND ORDER FOR RECONVEYANCE
9891	9891	Sec. 356.353. EXCHANGE FOR BONDS
9892	9892	[Sections 356.354-356.400 reserved for expansion]
9893	9893	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
9894	9894	Sec. 356.401. REQUIRED NOTICE
9895	9895	Sec. 356.402. METHOD OF SALE
9896	9896	Sec. 356.403. TIME AND PLACE OF SALE
9897	9897	Sec. 356.404. CONTINUANCE OF SALE
9898	9898	Sec. 356.405. FAILURE OF BIDDER TO COMPLY
9899	9899	[Sections 356.406-356.450 reserved for expansion]
9900	9900	SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
9901	9901	Sec. 356.451. MANNER OF SALE
9902	9902	[Sections 356.452-356.500 reserved for expansion]
9903	9903	SUBCHAPTER K. SALE OF EASEMENT OR RIGHT-OF-WAY
9904	9904	Sec. 356.501. AUTHORIZATION
9905	9905	Sec. 356.502. PROCEDURE
9906	9906	[Sections 356.503-356.550 reserved for expansion]
9907	9907	SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND
9908	9908	TRANSFER OF TITLE
9909	9909	Sec. 356.551. REPORT
9910	9910	Sec. 356.552. ACTION OF COURT ON REPORT OF SALE
9911	9911	Sec. 356.553. CONFIRMATION OF SALE WHEN BOND NOT
9912	9912	REQUIRED
9913	9913	Sec. 356.554. SUFFICIENCY OF BOND
9914	9914	Sec. 356.555. INCREASED OR ADDITIONAL BOND NOT
9915	9915	REQUIRED
9916	9916	Sec. 356.556. CONFIRMATION OR DISAPPROVAL ORDER
9917	9917	Sec. 356.557. DEED
9918	9918	Sec. 356.558. DELIVERY OF DEED
9919	9919	Sec. 356.559. DAMAGES; REMOVAL
9920	9920	[Sections 356.560-356.600 reserved for expansion]
9921	9921	SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
9922	9922	Sec. 356.601. FAILURE TO APPLY FOR SALE
9923	9923	Sec. 356.602. COURT ORDER
9924	9924	[Sections 356.603-356.650 reserved for expansion]
9925	9925	SUBCHAPTER N. PURCHASE OF PROPERTY BY PERSONAL REPRESENTATIVE
9926	9926	Sec. 356.651. GENERAL PROHIBITION ON PURCHASE
9927	9927	Sec. 356.652. EXCEPTION: AUTHORIZATION IN WILL
9928	9928	Sec. 356.653. EXCEPTION: EXECUTORY CONTRACT
9929	9929	Sec. 356.654. EXCEPTION: BEST INTEREST OF ESTATE
9930	9930	Sec. 356.655. PURCHASE IN VIOLATION OF SUBCHAPTER
9931	9931	CHAPTER 356. SALE OF ESTATE PROPERTY
9932	9932	SUBCHAPTER A. GENERAL PROVISIONS
9933	9933	Sec. 356.001. COURT ORDER AUTHORIZING SALE. (a) Except as
9934	9934	provided by this chapter, estate property may not be sold without a
9935	9935	court order authorizing the sale.
9936	9936	(b) Except as otherwise specially provided by this chapter,
9937	9937	the court may order estate property to be sold for cash or on
9938	9938	credit, at public auction or privately, as the court considers most
9939	9939	advantageous to the estate. (Tex. Prob. Code, Sec. 331.)
9940	9940	Sec. 356.002. SALE AUTHORIZED BY WILL. (a) Subject to
9941	9941	Subsection (b), if a will authorizes the executor to sell the
9942	9942	testator's property:
9943	9943	(1) a court order is not required to authorize the
9944	9944	executor to sell the property; and
9945	9945	(2) the executor may sell the property:
9946	9946	(A) at public auction or privately as the
9947	9947	executor considers to be in the best interest of the estate; and
9948	9948	(B) for cash or on credit terms determined by the
9949	9949	executor.
9950	9950	(b) Any particular directions in the testator's will
9951	9951	regarding the sale of estate property shall be followed unless the
9952	9952	directions have been annulled or suspended by court order. (Tex.
9953	9953	Prob. Code, Sec. 332.)
9954	9954	[Sections 356.003-356.050 reserved for expansion]
9955	9955	SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
9956	9956	Sec. 356.051. SALE OF CERTAIN PERSONAL PROPERTY REQUIRED.
9957	9957	(a) After approval of the inventory, appraisement, and list of
9958	9958	claims, the personal representative of an estate promptly shall
9959	9959	apply for a court order to sell, at public auction or privately, for
9960	9960	cash or on credit for a term not to exceed six months, all estate
9961	9961	property that is liable to perish, waste, or deteriorate in value,
9962	9962	or that will be an expense or disadvantage to the estate if kept.
9963	9963	(b) The following may not be included in a sale under
9964	9964	Subsection (a):
9965	9965	(1) property exempt from forced sale;
9966	9966	(2) property that is the subject of a specific legacy;
9967	9967	and
9968	9968	(3) personal property necessary to carry on a farm,
9969	9969	ranch, factory, or other business that is thought best to operate.
9970	9970	(c) In determining whether to order the sale of an asset
9971	9971	under Subsection (a), the court shall consider:
9972	9972	(1) the personal representative's duty to take care of
9973	9973	and manage the estate in the manner a person of ordinary prudence,
9974	9974	discretion, and intelligence would manage the person's own affairs;
9975	9975	and
9976	9976	(2) whether the asset constitutes an asset that a
9977	9977	trustee is authorized to invest under Subchapter F, Chapter 113,
9978	9978	Property Code, or Chapter 117, Property Code. (Tex. Prob. Code,
9979	9979	Sec. 333.)
9980	9980	[Sections 356.052-356.100 reserved for expansion]
9981	9981	SUBCHAPTER C. SALE OF PERSONAL PROPERTY
9982	9982	Sec. 356.101. ORDER FOR SALE. (a) Except as provided by
9983	9983	Subsection (b), on the application of the personal representative
9984	9984	of an estate or any interested person, the court may order the sale
9985	9985	of any estate personal property not required to be sold by Section
9986	9986	356.051, including livestock or growing or harvested crops, if the
9987	9987	court finds that the sale of the property is in the estate's best
9988	9988	interest to pay, from the proceeds of the sale:
9989	9989	(1) expenses of administration;
9990	9990	(2) the decedent's funeral expenses;
9991	9991	(3) expenses of the decedent's last illness;
9992	9992	(4) allowances; or
9993	9993	(5) claims against the estate.
9994	9994	(b) The court may not order under this section the sale of
9995	9995	exempt property or property that is the subject of a specific
9996	9996	legacy. (Tex. Prob. Code, Sec. 334 (part).)
9997	9997	Sec. 356.102. REQUIREMENTS FOR APPLICATION AND ORDER. To
9998	9998	the extent possible, an application and order for the sale of
9999	9999	personal property under Section 356.101 must conform to the
10000	10000	requirements under Subchapter F for an application and order for
10001	10001	the sale of real estate. (Tex. Prob. Code, Sec. 334 (part).)
10002	10002	Sec. 356.103. SALE AT PUBLIC AUCTION. Unless the court
10003	10003	directs otherwise, before estate personal property is sold at
10004	10004	public auction, notice must be:
10005	10005	(1) issued by the personal representative of the
10006	10006	estate; and
10007	10007	(2) posted in the manner notice is posted for original
10008	10008	proceedings in probate. (Tex. Prob. Code, Sec. 336.)
10009	10009	Sec. 356.104. SALE ON CREDIT. (a) Estate personal property
10010	10010	may not be sold on credit at public auction for a term of more than
10011	10011	six months from the date of sale.
10012	10012	(b) Estate personal property purchased on credit at public
10013	10013	auction may not be delivered to the purchaser until the purchaser
10014	10014	gives a note for the amount due, with good and solvent personal
10015	10015	security. The requirement that security be provided may be waived
10016	10016	if the property will not be delivered until the note, with interest,
10017	10017	has been paid. (Tex. Prob. Code, Sec. 337.)
10018	10018	Sec. 356.105. REPORT; EVIDENCE OF TITLE. (a) A sale of
10019	10019	estate personal property shall be reported to the court. The laws
10020	10020	regulating the confirmation or disapproval of a sale of real estate
10021	10021	apply to the sale, except that a conveyance is not required.
10022	10022	(b) The court's order confirming the sale of estate personal
10023	10023	property:
10024	10024	(1) vests the right and title of the intestate's estate
10025	10025	in the purchaser who has complied with the terms of the sale; and
10026	10026	(2) is prima facie evidence that all requirements of
10027	10027	the law in making the sale have been met.
10028	10028	(c) The personal representative of an estate, on request,
10029	10029	may issue a bill of sale without warranty to the purchaser of estate
10030	10030	personal property as evidence of title. The purchaser shall pay for
10031	10031	the issuance of the bill of sale. (Tex. Prob. Code, Sec. 339.)
10032	10032	[Sections 356.106-356.150 reserved for expansion]
10033	10033	SUBCHAPTER D. SALE OF LIVESTOCK
10034	10034	Sec. 356.151. AUTHORITY FOR SALE. (a) A personal
10035	10035	representative of an estate who has possession of livestock and who
10036	10036	considers selling the livestock to be necessary or to the estate's
10037	10037	advantage may, in addition to any other method provided by law for
10038	10038	the sale of personal property, obtain authority from the court in
10039	10039	which the estate is pending to sell the livestock through:
10040	10040	(1) a bonded livestock commission merchant; or
10041	10041	(2) a bonded livestock auction commission merchant.
10042	10042	(b) The court may authorize the sale of livestock in the
10043	10043	manner described by Subsection (a) on a written and sworn
10044	10044	application by the personal representative or any person interested
10045	10045	in the estate. (Tex. Prob. Code, Sec. 335 (part).)
10046	10046	Sec. 356.152. CONTENTS OF APPLICATION; HEARING. (a) An
10047	10047	application under Section 356.151 must:
10048	10048	(1) describe the livestock sought to be sold; and
10049	10049	(2) state why granting the application is necessary or
10050	10050	to the estate's advantage.
10051	10051	(b) The court:
10052	10052	(1) shall promptly consider the application; and
10053	10053	(2) may hear evidence for or against the application,
10054	10054	with or without notice, as the facts warrant. (Tex. Prob. Code,
10055	10055	Sec. 335 (part).)
10056	10056	Sec. 356.153. GRANT OF APPLICATION. If the court grants an
10057	10057	application for the sale of livestock, the court shall:
10058	10058	(1) enter an order to that effect; and
10059	10059	(2) authorize delivery of the livestock to a
10060	10060	commission merchant described by Section 356.151 for sale in the
10061	10061	regular course of business. (Tex. Prob. Code, Sec. 335 (part).)
10062	10062	Sec. 356.154. REPORT; PASSAGE OF TITLE. The personal
10063	10063	representative of the estate shall promptly report to the court a
10064	10064	sale of livestock authorized under this subchapter, supported by a
10065	10065	verified copy of the commission merchant's account of the sale. A
10066	10066	court order of confirmation is not required to pass title to the
10067	10067	purchaser of the livestock. (Tex. Prob. Code, Sec. 335 (part).)
10068	10068	Sec. 356.155. COMMISSION MERCHANT FEES. A commission
10069	10069	merchant shall be paid the merchant's usual and customary charges,
10070	10070	not to exceed five percent of the sale price, for the sale of
10071	10071	livestock authorized under this subchapter. (Tex. Prob. Code, Sec.
10072	10072	335 (part).)
10073	10073	[Sections 356.156-356.200 reserved for expansion]
10074	10074	SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
10075	10075	Sec. 356.201. APPLICATION FOR SALE OF MORTGAGED PROPERTY.
10076	10076	A creditor holding a claim that is secured by a valid mortgage or
10077	10077	other lien and that has been allowed and approved or established by
10078	10078	suit may, by filing a written application, obtain from the court in
10079	10079	which the estate is pending an order requiring that the property
10080	10080	securing the lien, or as much of the property as is necessary to
10081	10081	satisfy the claim, be sold. (Tex. Prob. Code, Sec. 338 (part).)
10082	10082	Sec. 356.202. CITATION. On the filing of an application
10083	10083	under Section 356.201, the clerk shall issue a citation requiring
10084	10084	the personal representative of the estate to appear and show cause
10085	10085	why the application should not be granted. (Tex. Prob. Code, Sec.
10086	10086	338 (part).)
10087	10087	Sec. 356.203. ORDER. The court may order the lien securing
10088	10088	the claim of a creditor who files an application under Section
10089	10089	356.201 to be discharged out of general estate assets or refinanced
10090	10090	if the discharge or refinance of the lien appears to the court to be
10091	10091	advisable. Otherwise, the court shall grant the application and
10092	10092	order that the property securing the lien be sold at public or
10093	10093	private sale, as considered best, as in an ordinary sale of real
10094	10094	estate. (Tex. Prob. Code, Sec. 338 (part).)
10095	10095	[Sections 356.204-356.250 reserved for expansion]
10096	10096	SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR
10097	10097	SALE
10098	10098	Sec. 356.251. APPLICATION FOR ORDER OF SALE. An
10099	10099	application may be made to the court for an order to sell estate
10100	10100	property if the sale appears necessary or advisable to:
10101	10101	(1) pay:
10102	10102	(A) expenses of administration;
10103	10103	(B) the decedent's funeral expenses;
10104	10104	(C) expenses of the decedent's last illness;
10105	10105	(D) allowances; and
10106	10106	(E) claims against the estate; or
10107	10107	(2) dispose of an interest in estate real property if
10108	10108	selling the interest is considered in the estate's best interest.
10109	10109	(Tex. Prob. Code, Sec. 341.)
10110	10110	Sec. 356.252. CONTENTS OF APPLICATION. An application for
10111	10111	the sale of real estate must:
10112	10112	(1) be in writing;
10113	10113	(2) describe:
10114	10114	(A) the real estate sought to be sold; or
10115	10115	(B) the interest in or part of the real estate
10116	10116	sought to be sold; and
10117	10117	(3) be accompanied by an exhibit, verified by an
10118	10118	affidavit, showing:
10119	10119	(A) the estate's condition fully and in detail;
10120	10120	(B) the charges and claims that have been
10121	10121	approved or established by suit or that have been rejected and may
10122	10122	yet be established;
10123	10123	(C) the amount of each claim described by
10124	10124	Paragraph (B);
10125	10125	(D) the estate property remaining on hand that is
10126	10126	liable for the payment of the claims described by Paragraph (B); and
10127	10127	(E) any other facts showing the necessity for or
10128	10128	advisability of the sale. (Tex. Prob. Code, Sec. 342.)
10129	10129	Sec. 356.253. CITATION. On the filing of an application and
10130	10130	exhibit described by Section 356.252, the clerk shall issue a
10131	10131	citation to all persons interested in the estate. The citation
10132	10132	must:
10133	10133	(1) describe the real estate or the interest in or part
10134	10134	of the real estate sought to be sold;
10135	10135	(2) inform the interested persons of the right under
10136	10136	Section 356.254 to file an opposition to the sale during the period
10137	10137	prescribed by the court in the citation; and
10138	10138	(3) be served by posting. (Tex. Prob. Code, Sec. 344.)
10139	10139	Sec. 356.254. OPPOSITION TO SALE. During the period
10140	10140	prescribed in a citation issued under Section 356.253, any person
10141	10141	interested in the estate may file:
10142	10142	(1) a written opposition to the sale; or
10143	10143	(2) an application for the sale of other estate
10144	10144	property. (Tex. Prob. Code, Sec. 345.)
10145	10145	Sec. 356.255. HEARING ON APPLICATION AND ANY OPPOSITION.
10146	10146	(a) The clerk of the court in which an application for an order of
10147	10147	sale is filed shall immediately call to the judge's attention any
10148	10148	opposition to the sale that is filed during the period prescribed in
10149	10149	the citation issued under Section 356.253. The court shall hold a
10150	10150	hearing on the application if an opposition to the sale is filed
10151	10151	during the period prescribed in the citation.
10152	10152	(b) A hearing on an application for an order of sale is not
10153	10153	required under this section if no opposition to the application is
10154	10154	filed during the period prescribed in the citation. The court may
10155	10155	determine that a hearing on the application is necessary even if no
10156	10156	opposition is filed during that period.
10157	10157	(c) If the court orders a hearing under Subsection (a) or
10158	10158	(b), the court shall designate in writing a date and time for the
10159	10159	hearing on the application and any opposition, together with the
10160	10160	evidence pertaining to the application and any opposition. The
10161	10161	clerk shall issue a notice of the date and time of the hearing to the
10162	10162	applicant and to each person who files an opposition to the sale, if
10163	10163	applicable.
10164	10164	(d) The judge, by entries on the docket, may continue a
10165	10165	hearing held under this section from time to time until the judge is
10166	10166	satisfied concerning the application. (Tex. Prob. Code, Sec. 345A.)
10167	10167	Sec. 356.256. ORDER. (a) The court shall order the sale of
10168	10168	the estate property described in an application for an order of sale
10169	10169	if the court is satisfied that the sale is necessary or advisable.
10170	10170	Otherwise, the court may deny the application and, if the court
10171	10171	considers it best, may order the sale of other estate property the
10172	10172	sale of which would be more advantageous to the estate.
10173	10173	(b) An order for the sale of real estate under this section
10174	10174	must specify:
10175	10175	(1) the property to be sold, including a description
10176	10176	that identifies that property;
10177	10177	(2) whether the property is to be sold at public
10178	10178	auction or private sale and, if at public auction, the time and
10179	10179	place of the sale;
10180	10180	(3) the necessity or advisability of, and the purpose
10181	10181	of, the sale;
10182	10182	(4) except in a case in which a personal
10183	10183	representative was not required to give a general bond, that the
10184	10184	court, after examining the general bond given by the
10185	10185	representative, finds that:
10186	10186	(A) the bond is sufficient as required by law; or
10187	10187	(B) the bond is insufficient;
10188	10188	(5) if the court finds that the general bond is
10189	10189	insufficient under Subdivision (4)(B), the amount of the necessary
10190	10190	or increased bond, as applicable;
10191	10191	(6) that the sale is to be made and the report returned
10192	10192	in accordance with law; and
10193	10193	(7) the terms of the sale. (Tex. Prob. Code, Sec.
10194	10194	346.)
10195	10195	Sec. 356.257. SALE FOR PAYMENT OF DEBTS. Estate real
10196	10196	property selected to be sold for the payment of expenses or claims
10197	10197	must be that property the sale of which the court considers most
10198	10198	advantageous to the estate. (Tex. Prob. Code, Sec. 340.)
10199	10199	[Sections 356.258-356.300 reserved for expansion]
10200	10200	SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
10201	10201	Sec. 356.301. PERMISSIBLE TERMS. Real estate of an estate
10202	10202	may be sold for cash, part cash and part credit, or the equity in
10203	10203	land securing an indebtedness may be sold subject to the
10204	10204	indebtedness, or with an assumption of the indebtedness, at public
10205	10205	or private sale, as appears to the court to be in the estate's best
10206	10206	interest. (Tex. Prob. Code, Sec. 348(a) (part).)
10207	10207	Sec. 356.302. SALE ON CREDIT. (a) The cash payment for
10208	10208	real estate of an estate sold partly on credit may not be less than
10209	10209	one-fifth of the purchase price. The purchaser shall execute a note
10210	10210	for the deferred payments, payable in monthly, quarterly,
10211	10211	semiannual, or annual installments, in amounts that appear to the
10212	10212	court to be in the estate's best interest. The note must bear
10213	10213	interest from the date at a rate of not less than four percent per
10214	10214	year, payable as provided in the note.
10215	10215	(b) A note executed by a purchaser under Subsection (a) must
10216	10216	be secured by a vendor's lien retained in the deed and in the note on
10217	10217	the property sold, and be further secured by a deed of trust on the
10218	10218	property sold, with the usual provisions for foreclosure and sale
10219	10219	on failure to make the payments provided in the deed and the note.
10220	10220	(c) At the election of the holder of a note executed by a
10221	10221	purchaser under Subsection (a), default in the payment of
10222	10222	principal, interest, or any part of the principal or interest, when
10223	10223	due matures the entire debt. (Tex. Prob. Code, Sec. 348(a) (part).)
10224	10224	[Sections 356.303-356.350 reserved for expansion]
10225	10225	SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
10226	10226	Sec. 356.351. APPLICABILITY OF SUBCHAPTER. This subchapter
10227	10227	applies only to real estate owned by an estate as a result of the
10228	10228	foreclosure of a vendor's lien or mortgage belonging to the estate:
10229	10229	(1) by a judicial sale;
10230	10230	(2) by a foreclosure suit;
10231	10231	(3) through a sale under a deed of trust; or
10232	10232	(4) by acceptance of a deed in cancellation of a lien
10233	10233	or mortgage owned by the estate. (Tex. Prob. Code, Sec. 348(b)
10234	10234	(part).)
10235	10235	Sec. 356.352. APPLICATION AND ORDER FOR RECONVEYANCE. On
10236	10236	proper application and proof, the court may dispense with the
10237	10237	requirements for a credit sale prescribed by Section 356.302 and
10238	10238	order the reconveyance of foreclosed real estate to the former
10239	10239	mortgage debtor or former owner if it appears to the court that:
10240	10240	(1) an application to redeem the real estate has been
10241	10241	made by the former owner to a corporation or agency created by an
10242	10242	Act of the United States Congress or of this state in connection
10243	10243	with legislation for the relief of owners of mortgaged or
10244	10244	encumbered homes, farms, ranches, or other real estate; and
10245	10245	(2) owning bonds of one of those federal or state
10246	10246	corporations or agencies instead of the real estate would be in the
10247	10247	estate's best interest. (Tex. Prob. Code, Sec. 348(b) (part).)
10248	10248	Sec. 356.353. EXCHANGE FOR BONDS. (a) If a court orders
10249	10249	the reconveyance of foreclosed real estate as provided by Section
10250	10250	356.352, vendor's lien notes shall be reserved for the total amount
10251	10251	of the indebtedness due or for the total amount of bonds that the
10252	10252	corporation or agency to which the application to redeem the real
10253	10253	estate was submitted as described by Section 356.352(1) is allowed
10254	10254	to advance under the corporation's or agency's rules or
10255	10255	regulations.
10256	10256	(b) On obtaining the order for reconveyance, it shall be
10257	10257	proper for the personal representative of the estate to indorse and
10258	10258	assign the reserved vendor's lien notes over to any one of the
10259	10259	corporations or agencies described by Section 356.352(1) in
10260	10260	exchange for bonds of that corporation or agency. (Tex. Prob. Code,
10261	10261	Sec. 348(b) (part).)
10262	10262	[Sections 356.354-356.400 reserved for expansion]
10263	10263	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
10264	10264	Sec. 356.401. REQUIRED NOTICE. (a) Except as otherwise
10265	10265	provided by Section 356.403(c), the personal representative of an
10266	10266	estate shall advertise a public sale of real estate of the estate by
10267	10267	a notice published in the county in which the estate is pending, as
10268	10268	provided by this title for publication of notices or citations. The
10269	10269	notice must:
10270	10270	(1) include a reference to the order of sale;
10271	10271	(2) include the time, place, and required terms of
10272	10272	sale; and
10273	10273	(3) briefly describe the real estate to be sold.
10274	10274	(b) The notice required by Subsection (a) is not required to
10275	10275	contain field notes, but if the real estate to be sold is rural
10276	10276	property, the notice must include:
10277	10277	(1) the name of the original survey of the real estate;
10278	10278	(2) the number of acres comprising the real estate;
10279	10279	(3) the location of the real estate in the county; and
10280	10280	(4) any name by which the real estate is generally
10281	10281	known. (Tex. Prob. Code, Sec. 349(a).)
10282	10282	Sec. 356.402. METHOD OF SALE. A public sale of real estate
10283	10283	of an estate shall be made at public auction to the highest bidder.
10284	10284	(Tex. Prob. Code, Sec. 349(b).)
10285	10285	Sec. 356.403. TIME AND PLACE OF SALE. (a) Except as
10286	10286	provided by Subsection (c), a public sale of real estate of an
10287	10287	estate shall be made at:
10288	10288	(1) the courthouse door in the county in which the
10289	10289	proceedings are pending; or
10290	10290	(2) another place in that county at which sales of real
10291	10291	estate are specifically authorized to be made.
10292	10292	(b) The sale must occur between 10 a.m. and 4 p.m. on the
10293	10293	first Tuesday of the month after publication of notice has been
10294	10294	completed.
10295	10295	(c) If the court considers it advisable, the court may order
10296	10296	the sale to be made in the county in which the real estate is
10297	10297	located, in which event notice shall be published both in that
10298	10298	county and in the county in which the proceedings are pending.
10299	10299	(Tex. Prob. Code, Sec. 349(c).)
10300	10300	Sec. 356.404. CONTINUANCE OF SALE. (a) A public sale of
10301	10301	real estate of an estate that is not completed on the day advertised
10302	10302	may be continued from day to day by an oral public announcement of
10303	10303	the continuance made at the conclusion of the sale each day.
10304	10304	(b) A continued sale must occur within the hours prescribed
10305	10305	by Section 356.403(b).
10306	10306	(c) The continuance of a sale under this section shall be
10307	10307	shown in the report of the sale made to the court. (Tex. Prob. Code,
10308	10308	Sec. 349(d).)
10309	10309	Sec. 356.405. FAILURE OF BIDDER TO COMPLY. (a) If a person
10310	10310	bids off real estate of the estate offered for sale at public
10311	10311	auction and fails to comply with the terms of the sale, the property
10312	10312	shall be readvertised and sold without any further order.
10313	10313	(b) The person defaulting on a bid as described by
10314	10314	Subsection (a) is liable for payment to the personal representative
10315	10315	of the estate, for the estate's benefit, of:
10316	10316	(1) 10 percent of the amount of the bid; and
10317	10317	(2) the amount of any deficiency in price on the second
10318	10318	sale.
10319	10319	(c) The personal representative may recover the amounts
10320	10320	under Subsection (b) by suit in any court in the county in which the
10321	10321	sale was made that has jurisdiction of the amount claimed. (Tex.
10322	10322	Prob. Code, Sec. 349(e).)
10323	10323	[Sections 356.406-356.450 reserved for expansion]
10324	10324	SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
10325	10325	Sec. 356.451. MANNER OF SALE. A private sale of real estate
10326	10326	of the estate shall be made in the manner the court directs in the
10327	10327	order of sale. Unless the court directs otherwise, additional
10328	10328	advertising, notice, or citation concerning the sale is not
10329	10329	required. (Tex. Prob. Code, Sec. 350.)
10330	10330	[Sections 356.452-356.500 reserved for expansion]
10331	10331	SUBCHAPTER K. SALE OF EASEMENT OR RIGHT-OF-WAY
10332	10332	Sec. 356.501. AUTHORIZATION. Easements and rights-of-way
10333	10333	on, under, and over the land of an estate that is being administered
10334	10334	under court order may be sold and conveyed regardless of whether the
10335	10335	sale proceeds are required to pay charges or claims against the
10336	10336	estate or for other lawful purposes. (Tex. Prob. Code, Sec. 351
10337	10337	(part).)
10338	10338	Sec. 356.502. PROCEDURE. The procedure for the sale of an
10339	10339	easement or right-of-way authorized under Section 356.501 is the
10340	10340	same as the procedure provided by law for a sale of estate real
10341	10341	property at private sale. (Tex. Prob. Code, Sec. 351 (part).)
10342	10342	[Sections 356.503-356.550 reserved for expansion]
10343	10343	SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND
10344	10344	TRANSFER OF TITLE
10345	10345	Sec. 356.551. REPORT. A sale of estate real property shall
10346	10346	be reported to the court ordering the sale not later than the 30th
10347	10347	day after the date the sale is made. The report must:
10348	10348	(1) be sworn to, in writing, and filed with the clerk;
10349	10349	(2) include:
10350	10350	(A) the date of the order of sale;
10351	10351	(B) a description of the property sold;
10352	10352	(C) the time and place of sale;
10353	10353	(D) the purchaser's name;
10354	10354	(E) the amount for which each parcel of property
10355	10355	or interest in property was sold;
10356	10356	(F) the terms of the sale;
10357	10357	(G) whether the sale was made at public auction
10358	10358	or privately; and
10359	10359	(H) whether the purchaser is ready to comply with
10360	10360	the order of sale; and
10361	10361	(3) be noted on the probate docket. (Tex. Prob. Code,
10362	10362	Sec. 353.)
10363	10363	Sec. 356.552. ACTION OF COURT ON REPORT OF SALE. After the
10364	10364	expiration of five days from the date a report of sale is filed
10365	10365	under Section 356.551, the court shall:
10366	10366	(1) inquire into the manner in which the sale was made;
10367	10367	(2) hear evidence in support of or against the report;
10368	10368	and
10369	10369	(3) determine the sufficiency or insufficiency of the
10370	10370	personal representative's general bond, if any has been required
10371	10371	and given. (Tex. Prob. Code, Sec. 355 (part).)
10372	10372	Sec. 356.553. CONFIRMATION OF SALE WHEN BOND NOT REQUIRED.
10373	10373	If the personal representative of an estate is not required by this
10374	10374	title to give a general bond, the court may confirm the sale of
10375	10375	estate real property in the manner provided by Section 356.556(a)
10376	10376	if the court finds that the sale is satisfactory and made in
10377	10377	accordance with law. (Tex. Prob. Code, Sec. 354 (part).)
10378	10378	Sec. 356.554. SUFFICIENCY OF BOND. (a) If the personal
10379	10379	representative of an estate is required by this title to give a
10380	10380	general bond, before the court confirms any sale of real estate, the
10381	10381	court shall determine whether the bond is sufficient to protect the
10382	10382	estate after the sale proceeds are received.
10383	10383	(b) If the court finds that the general bond is sufficient,
10384	10384	the court may confirm the sale as provided by Section 356.556(a).
10385	10385	(c) If the court finds that the general bond is
10386	10386	insufficient, the court may not confirm the sale until the general
10387	10387	bond is increased to the amount required by the court, or an
10388	10388	additional bond is given, and approved by the court.
10389	10389	(d) An increase in the amount of the general bond, or the
10390	10390	additional bond, as applicable under Subsection (c), must be equal
10391	10391	to the sum of:
10392	10392	(1) the amount for which the real estate is sold; and
10393	10393	(2) any additional amount the court finds necessary
10394	10394	and sets for the estate's protection. (Tex. Prob. Code, Sec. 354
10395	10395	(part).)
10396	10396	Sec. 356.555. INCREASED OR ADDITIONAL BOND NOT REQUIRED.
10397	10397	Notwithstanding Sections 356.554(c) and (d), if the real estate
10398	10398	sold is encumbered by a lien to secure a claim against the estate
10399	10399	and is sold to the owner or holder of the secured claim in full
10400	10400	payment, liquidation, and satisfaction of the claim, an increased
10401	10401	general bond or additional bond may not be required except for the
10402	10402	amount of any cash paid to the personal representative of the estate
10403	10403	in excess of the amount necessary to pay, liquidate, and satisfy the
10404	10404	claim in full. (Tex. Prob. Code, Sec. 354 (part).)
10405	10405	Sec. 356.556. CONFIRMATION OR DISAPPROVAL ORDER. (a) If
10406	10406	the court is satisfied that a sale reported under Section 356.551
10407	10407	was for a fair price, properly made, and in conformity with law, and
10408	10408	the court has approved any increased or additional bond that the
10409	10409	court found necessary to protect the estate, the court shall enter
10410	10410	an order:
10411	10411	(1) confirming the sale;
10412	10412	(2) showing conformity with this chapter;
10413	10413	(3) detailing the terms of the sale; and
10414	10414	(4) authorizing the personal representative to convey
10415	10415	the property on the purchaser's compliance with the terms of the
10416	10416	sale.
10417	10417	(b) If the court is not satisfied that the sale was for a
10418	10418	fair price, properly made, and in conformity with law, the court
10419	10419	shall enter an order setting aside the sale and ordering a new sale
10420	10420	to be made, if necessary.
10421	10421	(c) The court's action in confirming or disapproving a
10422	10422	report of a sale has the effect of a final judgment. Any person
10423	10423	interested in the estate or in the sale is entitled to have an order
10424	10424	entered under this section reviewed as in other final judgments in
10425	10425	probate proceedings. (Tex. Prob. Code, Sec. 355 (part).)
10426	10426	Sec. 356.557. DEED. Real estate of an estate that is sold
10427	10427	shall be conveyed by a proper deed that refers to and identifies the
10428	10428	court order confirming the sale. The deed:
10429	10429	(1) vests in the purchaser all right and title of the
10430	10430	estate to, and all interest of the estate in, the property; and
10431	10431	(2) is prima facie evidence that the sale has met all
10432	10432	applicable requirements of the law. (Tex. Prob. Code, Sec. 356.)
10433	10433	Sec. 356.558. DELIVERY OF DEED. (a) After the court has
10434	10434	confirmed a sale and the purchaser has complied with the terms of
10435	10435	the sale, the personal representative of the estate shall promptly
10436	10436	execute and deliver to the purchaser a proper deed conveying the
10437	10437	property.
10438	10438	(b) If the sale is made partly on credit:
10439	10439	(1) the vendor's lien securing one or more purchase
10440	10440	money notes must be expressly retained in the deed and may not be
10441	10441	waived; and
10442	10442	(2) before actual delivery of the deed to the
10443	10443	purchaser, the purchaser shall execute and deliver to the personal
10444	10444	representative of the estate one or more vendor's lien notes, with
10445	10445	or without personal sureties as ordered by the court, and a deed of
10446	10446	trust or mortgage on the property as additional security for the
10447	10447	payment of the notes.
10448	10448	(c) On completion of the transaction, the personal
10449	10449	representative of the estate shall promptly file or cause to be
10450	10450	filed and recorded the deed of trust or mortgage in the appropriate
10451	10451	records in the county in which the land is located. (Tex. Prob.
10452	10452	Code, Sec. 357.)
10453	10453	Sec. 356.559. DAMAGES; REMOVAL. (a) If the personal
10454	10454	representative of an estate neglects to comply with Section
10455	10455	356.558, including to file the deed of trust securing a lien in the
10456	10456	proper county, the representative and the sureties on the
10457	10457	representative's bond shall, after complaint and citation, be held
10458	10458	liable for the use of the estate and for all damages resulting from
10459	10459	the representative's neglect, and the court may remove the
10460	10460	representative.
10461	10461	(b) Damages under this section may be recovered in any court
10462	10462	of competent jurisdiction. (Tex. Prob. Code, Sec. 358.)
10463	10463	[Sections 356.560-356.600 reserved for expansion]
10464	10464	SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
10465	10465	Sec. 356.601. FAILURE TO APPLY FOR SALE. If the personal
10466	10466	representative of an estate neglects to apply for an order to sell
10467	10467	sufficient estate property to pay charges and claims against the
10468	10468	estate that have been allowed and approved or established by suit,
10469	10469	any interested person, on written application, may have the
10470	10470	representative cited to appear and make a full exhibit of the
10471	10471	estate's condition and show cause why a sale of the property should
10472	10472	not be ordered. (Tex. Prob. Code, Sec. 347 (part).)
10473	10473	Sec. 356.602. COURT ORDER. On hearing an application under
10474	10474	Section 356.601, if the court is satisfied that a sale of estate
10475	10475	property is necessary or advisable to satisfy the charges and
10476	10476	claims described by Section 356.601, the court shall enter an order
10477	10477	of sale as provided by Section 356.256. (Tex. Prob. Code, Sec. 347
10478	10478	(part).)
10479	10479	[Sections 356.603-356.650 reserved for expansion]
10480	10480	SUBCHAPTER N. PURCHASE OF PROPERTY BY PERSONAL REPRESENTATIVE
10481	10481	Sec. 356.651. GENERAL PROHIBITION ON PURCHASE. Except as
10482	10482	otherwise provided by this subchapter, the personal representative
10483	10483	of an estate may not purchase, directly or indirectly, any estate
10484	10484	property sold by the representative or any co-representative of the
10485	10485	estate. (Tex. Prob. Code, Sec. 352(a).)
10486	10486	Sec. 356.652. EXCEPTION: AUTHORIZATION IN WILL. A personal
10487	10487	representative of an estate may purchase estate property if the
10488	10488	representative was appointed in a will that:
10489	10489	(1) has been admitted to probate; and
10490	10490	(2) expressly authorizes the sale. (Tex. Prob. Code,
10491	10491	Sec. 352(b).)
10492	10492	Sec. 356.653. EXCEPTION: EXECUTORY CONTRACT. A personal
10493	10493	representative of a decedent's estate may purchase estate property
10494	10494	in compliance with the terms of a written executory contract signed
10495	10495	by the decedent, including:
10496	10496	(1) a contract for deed;
10497	10497	(2) an earnest money contract;
10498	10498	(3) a buy/sell agreement; and
10499	10499	(4) a stock purchase or redemption agreement. (Tex.
10500	10500	Prob. Code, Sec. 352(c).)
10501	10501	Sec. 356.654. EXCEPTION: BEST INTEREST OF ESTATE. (a)
10502	10502	Subject to Subsection (b), the personal representative of an
10503	10503	estate, including an independent administrator, may purchase
10504	10504	estate property on the court's determination that the sale is in the
10505	10505	estate's best interest.
10506	10506	(b) Before purchasing estate property as authorized by
10507	10507	Subsection (a), the personal representative shall give notice of
10508	10508	the purchase by certified mail, return receipt requested, unless
10509	10509	the court requires another form of notice, to:
10510	10510	(1) each distributee of the estate; and
10511	10511	(2) each creditor whose claim remains unsettled after
10512	10512	being presented within six months of the date letters testamentary
10513	10513	or of administration are originally granted.
10514	10514	(c) The court may require additional notice or allow for the
10515	10515	waiver of the notice required for a sale made under this section.
10516	10516	(Tex. Prob. Code, Sec. 352(d).)
10517	10517	Sec. 356.655. PURCHASE IN VIOLATION OF SUBCHAPTER. (a) If
10518	10518	a personal representative of an estate purchases estate property in
10519	10519	violation of this subchapter, any person interested in the estate
10520	10520	may file a written complaint with the court in which the proceedings
10521	10521	are pending.
10522	10522	(b) On service of citation on the personal representative on
10523	10523	a complaint filed under Subsection (a) and after hearing and proof,
10524	10524	the court shall:
10525	10525	(1) declare the sale void;
10526	10526	(2) set aside the sale; and
10527	10527	(3) order the reconveyance of the property to the
10528	10528	estate.
10529	10529	(c) The court shall adjudge against the personal
10530	10530	representative all costs of the sale, protest, and suit found
10531	10531	necessary. (Tex. Prob. Code, Sec. 352(e).)
10532	10532	CHAPTER 357. RENTING ESTATE PROPERTY
10533	10533	SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
10534	10534	Sec. 357.001. RENTING ESTATE PROPERTY WITHOUT COURT
10535	10535	ORDER
10536	10536	Sec. 357.002. RENTING ESTATE PROPERTY WITH COURT ORDER
10537	10537	Sec. 357.003. ESTATE PROPERTY RENTED ON CREDIT
10538	10538	Sec. 357.004. CONDITION OF RETURNED ESTATE PROPERTY
10539	10539	Sec. 357.005. COMPLAINT FOR FAILURE TO RENT
10540	10540	[Sections 357.006-357.050 reserved for expansion]
10541	10541	SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
10542	10542	Sec. 357.051. REPORTS CONCERNING RENTALS
10543	10543	Sec. 357.052. COURT ACTION ON REPORT
10544	10544	CHAPTER 357. RENTING ESTATE PROPERTY
10545	10545	SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
10546	10546	Sec. 357.001. RENTING ESTATE PROPERTY WITHOUT COURT ORDER.
10547	10547	(a) The personal representative of an estate, without a court
10548	10548	order, may rent any of the estate property for one year or less, at
10549	10549	public auction or privately, as is considered to be in the best
10550	10550	interest of the estate.
10551	10551	(b) On the sworn complaint of any person interested in the
10552	10552	estate, the court shall require a personal representative who,
10553	10553	without a court order, rents estate property to account to the
10554	10554	estate for the reasonable value of the rent of the property, to be
10555	10555	ascertained by the court on satisfactory evidence. (Tex. Prob.
10556	10556	Code, Secs. 359, 360.)
10557	10557	Sec. 357.002. RENTING ESTATE PROPERTY WITH COURT ORDER.
10558	10558	(a) The personal representative of an estate may, if the
10559	10559	representative prefers, and shall, if the proposed rental period is
10560	10560	more than one year, file a written application with the court
10561	10561	setting forth the property the representative seeks to rent.
10562	10562	(b) If the court finds that granting an application filed
10563	10563	under Subsection (a) is in the interest of the estate, the court
10564	10564	shall issue an order that:
10565	10565	(1) describes the property to be rented; and
10566	10566	(2) states whether the property will be rented at
10567	10567	public auction or privately, whether for cash or on credit, and if
10568	10568	on credit, the extent of the credit and the period for which the
10569	10569	property may be rented.
10570	10570	(c) If, under Subsection (b), the court orders property to
10571	10571	be rented at public auction, the court shall prescribe whether
10572	10572	notice of the auction shall be published or posted. (Tex. Prob.
10573	10573	Code, Sec. 361.)
10574	10574	Sec. 357.003. ESTATE PROPERTY RENTED ON CREDIT. Possession
10575	10575	of estate property rented on credit may not be delivered until the
10576	10576	renter executes and delivers to the personal representative a note
10577	10577	with good personal security for the amount of the rent. If the
10578	10578	property is delivered without the representative receiving the
10579	10579	required security, the representative and the sureties on the
10580	10580	representative's bond are liable for the full amount of the rent.
10581	10581	When a rental is payable in installments, in advance of the period
10582	10582	to which the installments relate, this section does not apply.
10583	10583	(Tex. Prob. Code, Sec. 363.)
10584	10584	Sec. 357.004. CONDITION OF RETURNED ESTATE PROPERTY. (a)
10585	10585	Estate property that is rented, with or without a court order, must
10586	10586	be returned to the estate's possession in as good a condition,
10587	10587	except for reasonable wear and tear, as when the property was
10588	10588	rented.
10589	10589	(b) The personal representative of an estate shall:
10590	10590	(1) ensure that rented estate property is returned in
10591	10591	the condition required by Subsection (a);
10592	10592	(2) report to the court any damage to, or loss or
10593	10593	destruction of, the property; and
10594	10594	(3) ask the court for the authority to take any
10595	10595	necessary action.
10596	10596	(c) A personal representative who fails to act as required
10597	10597	by this section and the sureties on the representative's bond are
10598	10598	liable to the estate for any loss or damage suffered as a result of
10599	10599	the representative's failure. (Tex. Prob. Code, Sec. 364.)
10600	10600	Sec. 357.005. COMPLAINT FOR FAILURE TO RENT. (a) Any
10601	10601	person interested in an estate may:
10602	10602	(1) file a written and sworn complaint in the court in
10603	10603	which the estate is pending; and
10604	10604	(2) have the personal representative cited to appear
10605	10605	and show cause why the representative did not rent any estate
10606	10606	property.
10607	10607	(b) The court, on hearing the complaint, shall issue an
10608	10608	order that appears to be in the best interest of the estate. (Tex.
10609	10609	Prob. Code, Sec. 362.)
10610	10610	[Sections 357.006-357.050 reserved for expansion]
10611	10611	SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
10612	10612	Sec. 357.051. REPORTS CONCERNING RENTALS. (a) A personal
10613	10613	representative of an estate who rents estate property with an
10614	10614	appraised value of $3,000 or more shall, not later than the 30th day
10615	10615	after the date the property is rented, file with the court a sworn
10616	10616	and written report stating:
10617	10617	(1) the property rented and the property's appraised
10618	10618	value;
10619	10619	(2) the date the property was rented and whether the
10620	10620	rental occurred at public auction or privately;
10621	10621	(3) the name of each person renting the property;
10622	10622	(4) the rental amount; and
10623	10623	(5) whether the rental was for cash or on credit and,
10624	10624	if on credit, the length of time, the terms, and the security
10625	10625	received for the credit.
10626	10626	(b) A personal representative of an estate who rents estate
10627	10627	property with an appraised value of less than $3,000 may report the
10628	10628	rental in the next annual or final account that must be filed as
10629	10629	required by law. (Tex. Prob. Code, Sec. 365.)
10630	10630	Sec. 357.052. COURT ACTION ON REPORT. (a) At any time
10631	10631	after the fifth day after the date the report of renting is filed,
10632	10632	the court shall:
10633	10633	(1) examine the report; and
10634	10634	(2) by order approve and confirm the report if found
10635	10635	just and reasonable.
10636	10636	(b) If the court disapproves the report, the estate is not
10637	10637	bound and the court may order another offering for rent of the
10638	10638	property that is the subject of the report, in the same manner and
10639	10639	subject to the provisions of this chapter.
10640	10640	(c) If the court approves the report and it later appears
10641	10641	that, by reason of any fault of the personal representative, the
10642	10642	property was not rented for the property's reasonable value, the
10643	10643	court shall have the representative and the sureties on the
10644	10644	representative's bond appear and show cause why the reasonable
10645	10645	value of the rent of the property should not be adjudged against the
10646	10646	representative. (Tex. Prob. Code, Sec. 366.)
10647	10647	CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
10648	10648	SUBCHAPTER A. GENERAL PROVISIONS
10649	10649	Sec. 358.001. DEFINITIONS
10650	10650	[Sections 358.002-358.050 reserved for expansion]
10651	10651	SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
10652	10652	Sec. 358.051. AUTHORIZATION FOR LEASING OF MINERALS
10653	10653	Sec. 358.052. LEASE APPLICATION
10654	10654	Sec. 358.053. SCHEDULING OF HEARING ON APPLICATION;
10655	10655	CONTINUANCE
10656	10656	Sec. 358.054. NOTICE OF HEARING ON APPLICATION
10657	10657	Sec. 358.055. REQUIREMENTS REGARDING ORDER AND NOTICE
10658	10658	MANDATORY
10659	10659	Sec. 358.056. HEARING ON APPLICATION; ORDER
10660	10660	Sec. 358.057. MAKING OF LEASE ON GRANTING OF
10661	10661	APPLICATION
10662	10662	Sec. 358.058. BOND REQUIREMENTS
10663	10663	Sec. 358.059. TERM OF LEASE BINDING
10664	10664	Sec. 358.060. AMENDMENT OF LEASE REGARDING EFFECT OF
10665	10665	SHUT-IN GAS WELL
10666	10666	[Sections 358.061-358.100 reserved for expansion]
10667	10667	SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
10668	10668	Sec. 358.101. AUTHORIZATION FOR LEASING OF MINERALS AT
10669	10669	PRIVATE SALE
10670	10670	Sec. 358.102. ACTION OF COURT IF PUBLIC ADVERTISING
10671	10671	NOT REQUIRED
10672	10672	[Sections 358.103-358.150 reserved for expansion]
10673	10673	SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
10674	10674	Sec. 358.151. AUTHORIZATION FOR POOLING OR UNITIZATION
10675	10675	Sec. 358.152. POOLING OR UNITIZATION APPLICATION
10676	10676	Sec. 358.153. NOTICE NOT REQUIRED
10677	10677	Sec. 358.154. HEARING ON APPLICATION
10678	10678	Sec. 358.155. ACTION OF COURT AND CONTENTS OF ORDER
10679	10679	[Sections 358.156-358.200 reserved for expansion]
10680	10680	SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED WITHOUT COURT ORDER
10681	10681	WITHOUT COURT ORDER
10682	10682	Sec. 358.201. AUTHORIZATION FOR EXECUTION OF
10683	10683	AGREEMENTS
10684	10684	[Sections 358.202-358.250 reserved for expansion]
10685	10685	SUBCHAPTER F. PROCEDURE IF PERSONAL REPRESENTATIVE OF ESTATE NEGLECTS TO APPLY FOR AUTHORITY
10686	10686	NEGLECTS TO APPLY FOR AUTHORITY
10687	10687	Sec. 358.251. APPLICATION TO SHOW CAUSE
10688	10688	Sec. 358.252. HEARING ON APPLICATION
10689	10689	Sec. 358.253. ORDER
10690	10690	Sec. 358.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
10691	10691	ORDER
10692	10692	CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
10693	10693	SUBCHAPTER A. GENERAL PROVISIONS
10694	10694	Sec. 358.001. DEFINITIONS. In this chapter:
10695	10695	(1) "Gas" includes all liquid hydrocarbons in the
10696	10696	gaseous phase in the reservoir.
10697	10697	(2) "Land" and "interest in land" include minerals or
10698	10698	an interest in minerals in place.
10699	10699	(3) "Mineral development" includes exploration for,
10700	10700	whether by geophysical or other means, drilling for, mining for,
10701	10701	development of, operations in connection with, production of, and
10702	10702	saving of oil, other liquid hydrocarbons, gas, gaseous elements,
10703	10703	sulphur, metals, and all other minerals, whether solid or
10704	10704	otherwise.
10705	10705	(4) "Property" includes land, minerals in place,
10706	10706	whether solid, liquid, or gaseous, and an interest of any kind in
10707	10707	that property, including a royalty interest, owned by an estate.
10708	10708	(Tex. Prob. Code, Sec. 367(a); New.)
10709	10709	[Sections 358.002-358.050 reserved for expansion]
10710	10710	SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
10711	10711	Sec. 358.051. AUTHORIZATION FOR LEASING OF MINERALS. (a)
10712	10712	The court in which probate proceedings on a decedent's estate are
10713	10713	pending may authorize the personal representative of the estate,
10714	10714	appointed and qualified under the laws of this state and acting
10715	10715	solely under court orders, to make, execute, and deliver a lease,
10716	10716	with or without a unitization clause or pooling provision,
10717	10717	providing for the exploration for and development and production of
10718	10718	oil, other liquid hydrocarbons, gas, metals and other solid
10719	10719	minerals, and other minerals, or any of those minerals in place,
10720	10720	belonging to the estate.
10721	10721	(b) A lease described by Subsection (a) must be made and
10722	10722	entered into under and in conformity with this subchapter. (Tex.
10723	10723	Prob. Code, Secs. 367(b), (c) (part).)
10724	10724	Sec. 358.052. LEASE APPLICATION. (a) The personal
10725	10725	representative of an estate shall file with the county clerk of the
10726	10726	county in which the probate proceeding is pending a written
10727	10727	application, addressed to the court or the judge of the court, for
10728	10728	authority to lease estate property for mineral exploration and
10729	10729	development, with or without a pooling provision or unitization
10730	10730	clause.
10731	10731	(b) The lease application must:
10732	10732	(1) describe the property fully by reference to the
10733	10733	amount of acreage, the survey name or number, or the abstract
10734	10734	number, or by another method adequately identifying the property
10735	10735	and the property's location in the county in which the property is
10736	10736	situated;
10737	10737	(2) specify the interest thought to be owned by the
10738	10738	estate, if less than the whole, but requesting authority to include
10739	10739	all of the interest owned by the estate, if that is the intention;
10740	10740	and
10741	10741	(3) set out the reasons the estate property described
10742	10742	in the application should be leased.
10743	10743	(c) The lease application is not required to set out or
10744	10744	suggest:
10745	10745	(1) the name of any proposed lessee; or
10746	10746	(2) the terms, provisions, or form of any desired
10747	10747	lease. (Tex. Prob. Code, Sec. 367(c) (part).)
10748	10748	Sec. 358.053. SCHEDULING OF HEARING ON APPLICATION;
10749	10749	CONTINUANCE. (a) Immediately after the filing of a lease
10750	10750	application under Section 358.052, the county clerk shall call the
10751	10751	filing of the application to the court's attention, and the judge
10752	10752	shall promptly make and enter a brief order designating the time and
10753	10753	place for hearing the application.
10754	10754	(b) If the hearing is not held at the time originally
10755	10755	designated by the court or by a timely continuance order entered,
10756	10756	the hearing shall be continued automatically without further notice
10757	10757	to the same time on the following day, other than Sundays and
10758	10758	holidays on which the county courthouse is officially closed, and
10759	10759	from day to day until the lease application is finally acted on and
10760	10760	disposed of by court order. Notice of an automatic continuance is
10761	10761	not required. (Tex. Prob. Code, Sec. 367(c) (part).)
10762	10762	Sec. 358.054. NOTICE OF HEARING ON APPLICATION. (a) At
10763	10763	least 10 days before the date set for the hearing on a lease
10764	10764	application filed under Section 358.052, excluding the date of
10765	10765	notice and the date set for the hearing, the personal
10766	10766	representative shall give notice of the hearing by:
10767	10767	(1) publishing the notice in one issue of a newspaper
10768	10768	of general circulation in the county in which the proceeding is
10769	10769	pending; or
10770	10770	(2) if there is no newspaper described by Subdivision
10771	10771	(1), posting the notice or having the notice posted.
10772	10772	(b) If notice is published, the date of notice is the date
10773	10773	printed on the newspaper.
10774	10774	(c) The notice must:
10775	10775	(1) be dated;
10776	10776	(2) be directed to all persons interested in the
10777	10777	estate;
10778	10778	(3) state the date on which the lease application was
10779	10779	filed;
10780	10780	(4) describe briefly the property sought to be leased,
10781	10781	specifying the fractional interest sought to be leased if less than
10782	10782	the entire interest in the tract or tracts identified; and
10783	10783	(5) state the time and place designated by the judge
10784	10784	for the hearing. (Tex. Prob. Code, Sec. 367(c) (part).)
10785	10785	Sec. 358.055. REQUIREMENTS REGARDING ORDER AND NOTICE
10786	10786	MANDATORY. An order of the judge or court authorizing any act to be
10787	10787	performed under a lease application filed under Section 358.052 is
10788	10788	void in the absence of:
10789	10789	(1) a written order originally designating a time and
10790	10790	place for hearing;
10791	10791	(2) a notice issued by the personal representative of
10792	10792	the estate in compliance with the order described by Subdivision
10793	10793	(1); and
10794	10794	(3) proof of the publication or posting of the notice
10795	10795	as required under Section 358.054. (Tex. Prob. Code, Sec. 367(c)
10796	10796	(part).)
10797	10797	Sec. 358.056. HEARING ON APPLICATION; ORDER. (a) At the
10798	10798	time and place designated for the hearing under Section 358.053(a),
10799	10799	or at the time to which the hearing is continued as provided by
10800	10800	Section 358.053(b), the judge shall:
10801	10801	(1) hear a lease application filed under Section
10802	10802	358.052; and
10803	10803	(2) require proof as to the necessity or advisability
10804	10804	of leasing for mineral development the property described in the
10805	10805	application and the notice.
10806	10806	(b) The judge shall enter an order authorizing one or more
10807	10807	leases affecting and covering the property or portions of property
10808	10808	described in the application, with or without pooling provisions or
10809	10809	unitization clauses, and with or without cash consideration if
10810	10810	considered by the court to be in the best interest of the estate, if
10811	10811	the judge is satisfied that:
10812	10812	(1) the application is in proper form;
10813	10813	(2) notice has been given in the manner and for the
10814	10814	time required by law;
10815	10815	(3) proof of necessity or advisability of leasing is
10816	10816	sufficient; and
10817	10817	(4) the application should be granted.
10818	10818	(c) The order must contain:
10819	10819	(1) the name of the lessee;
10820	10820	(2) any actual cash consideration to be paid by the
10821	10821	lessee;
10822	10822	(3) a finding that the requirements of Subsection (b)
10823	10823	have been satisfied; and
10824	10824	(4) one of the following findings:
10825	10825	(A) a finding that the personal representative is
10826	10826	exempted by law from giving bond; or
10827	10827	(B) if the representative is not exempted by law
10828	10828	from giving bond, a finding as to whether the representative's
10829	10829	general bond on file is sufficient to protect the personal property
10830	10830	on hand, including any cash bonus to be paid.
10831	10831	(d) If the court finds the general bond insufficient to meet
10832	10832	the requirements of Subsection (c)(4)(B), the order must show the
10833	10833	amount of increased or additional bond required to cover the
10834	10834	deficiency.
10835	10835	(e) A complete exhibit copy, either written or printed, of
10836	10836	each authorized lease must be set out in the order or attached to
10837	10837	the order and incorporated by reference and made part of the order.
10838	10838	The exhibit copy must show:
10839	10839	(1) the name of the lessee;
10840	10840	(2) the date of the lease;
10841	10841	(3) an adequate description of the property being
10842	10842	leased;
10843	10843	(4) any delay rental to be paid to defer commencement
10844	10844	of operations; and
10845	10845	(5) all other authorized terms and provisions.
10846	10846	(f) If the date of a lease does not appear in the exhibit
10847	10847	copy of the lease or in the order, the date of the order is
10848	10848	considered for all purposes to be the date of the lease.
10849	10849	(g) If the name or address of the depository bank for
10850	10850	receiving rental is not shown in the exhibit copy of a lease, the
10851	10851	estate's personal representative may insert that information, or
10852	10852	cause that information to be inserted, in the lease at the time of
10853	10853	the lease's execution or at any other time agreeable to the lessee
10854	10854	or the lessee's successors or assignees. (Tex. Prob. Code, Sec.
10855	10855	367(c) (part).)
10856	10856	Sec. 358.057. MAKING OF LEASE ON GRANTING OF APPLICATION.
10857	10857	(a) If the court grants an application as provided by Section
10858	10858	358.056, the personal representative of the estate may make the
10859	10859	lease or leases, as evidenced by the exhibit copies described by
10860	10860	Section 358.056, in accordance with the order.
10861	10861	(b) The lease or leases must be made not later than the 30th
10862	10862	day after the date of the order unless an extension is granted by
10863	10863	the court on sworn application showing good cause.
10864	10864	(c) It is not necessary for the judge to make an order
10865	10865	confirming the lease or leases. (Tex. Prob. Code, Sec. 367(c)
10866	10866	(part).)
10867	10867	Sec. 358.058. BOND REQUIREMENTS. (a) Unless the personal
10868	10868	representative of the estate is not required to give a general bond,
10869	10869	a lease for which a cash consideration is required, although
10870	10870	ordered, executed, and delivered, is not valid:
10871	10871	(1) unless the order authorizing the lease makes
10872	10872	findings with respect to the general bond; and
10873	10873	(2) if the general bond has been found insufficient,
10874	10874	unless and until:
10875	10875	(A) the bond has been increased or an additional
10876	10876	bond given, as required by the order, with the sureties required by
10877	10877	law; and
10878	10878	(B) the increased bond or additional bond has
10879	10879	been approved by the judge and filed with the clerk of the court in
10880	10880	which the proceedings are pending.
10881	10881	(b) If two or more leases of different land are authorized
10882	10882	by the same order, the general bond must be increased, or additional
10883	10883	bonds given, to cover all of the leases. (Tex. Prob. Code, Sec.
10884	10884	367(c) (part).)
10885	10885	Sec. 358.059. TERM OF LEASE BINDING. (a) A lease executed
10886	10886	and delivered in compliance with this subchapter is valid and
10887	10887	binding on the property or interest in property owned by the estate
10888	10888	and covered by the lease for the full term provided by the lease,
10889	10889	subject only to the lease's terms and conditions, even if the
10890	10890	primary term extends beyond the date the estate is closed in
10891	10891	accordance with law.
10892	10892	(b) The authorized primary term of the lease may not exceed
10893	10893	five years, subject to the lease terms and provisions extending the
10894	10894	lease beyond the primary term by:
10895	10895	(1) paying production;
10896	10896	(2) bona fide drilling or reworking operations,
10897	10897	whether in or on the same well or wells or an additional well or
10898	10898	wells, without a cessation of operations of more than 60
10899	10899	consecutive days before production has been restored or obtained;
10900	10900	or
10901	10901	(3) a shut-in gas well. (Tex. Prob. Code, Sec. 367(c)
10902	10902	(part).)
10903	10903	Sec. 358.060. AMENDMENT OF LEASE REGARDING EFFECT OF
10904	10904	SHUT-IN GAS WELL. (a) An oil, gas, and mineral lease executed by a
10905	10905	personal representative under the former Texas Probate Code or this
10906	10906	code may be amended by an instrument that provides that a shut-in
10907	10907	gas well on the land covered by the lease or on land pooled with all
10908	10908	or part of the land covered by the lease continues the lease in
10909	10909	effect after the lease's five-year primary term.
10910	10910	(b) The personal representative, with the approval of the
10911	10911	court, shall execute the instrument according to the terms and
10912	10912	conditions prescribed by the instrument. (Tex. Prob. Code, Sec.
10913	10913	367(c) (part).)
10914	10914	[Sections 358.061-358.100 reserved for expansion]
10915	10915	SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
10916	10916	Sec. 358.101. AUTHORIZATION FOR LEASING OF MINERALS AT
10917	10917	PRIVATE SALE. (a) Notwithstanding the mandatory requirements of
10918	10918	Subchapter B for setting a time and place for hearing of a lease
10919	10919	application filed under Section 358.052 and the issuance, service,
10920	10920	and return of notice, the court may authorize the making of oil,
10921	10921	gas, and mineral leases at private sale without public notice or
10922	10922	advertising if, in the court's opinion, facts are set out in the
10923	10923	application required by Subchapter B sufficient to show that it
10924	10924	would be more advantageous to the estate that a lease be made
10925	10925	privately and without compliance with those mandatory
10926	10926	requirements.
10927	10927	(b) Leases authorized by this section may include pooling
10928	10928	provisions or unitization clauses as in other cases. (Tex. Prob.
10929	10929	Code, Sec. 368(a).)
10930	10930	Sec. 358.102. ACTION OF COURT IF PUBLIC ADVERTISING NOT
10931	10931	REQUIRED. (a) At any time after the fifth day and before the 11th
10932	10932	day after the filing date of an application to lease at private sale
10933	10933	and without an order setting the hearing time and place, the court
10934	10934	shall:
10935	10935	(1) hear the application;
10936	10936	(2) inquire into the manner in which the proposed
10937	10937	lease has been or will be made; and
10938	10938	(3) hear evidence for or against the application.
10939	10939	(b) If satisfied that the lease has been or will be made for
10940	10940	a fair and sufficient consideration and on fair terms and has been
10941	10941	or will be properly made in conformity with law, the court shall
10942	10942	enter an order authorizing the execution of the lease without the
10943	10943	necessity of advertising, notice, or citation. The order must
10944	10944	comply in all other respects with the requirements essential to the
10945	10945	validity of mineral leases as set out in Subchapter B, as if
10946	10946	advertising or notice were required.
10947	10947	(c) The issuance of an order confirming a lease or leases
10948	10948	made at private sale is not required, but such a lease is not valid
10949	10949	until any increased or additional bond required by the court has
10950	10950	been approved by the court and filed with the court clerk. (Tex.
10951	10951	Prob. Code, Sec. 368(b).)
10952	10952	[Sections 358.103-358.150 reserved for expansion]
10953	10953	SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
10954	10954	Sec. 358.151. AUTHORIZATION FOR POOLING OR UNITIZATION.
10955	10955	(a) If an existing lease or leases on property owned by an estate
10956	10956	being administered do not adequately provide for pooling or
10957	10957	unitization, the court in which the proceedings are pending may, in
10958	10958	the manner provided by this subchapter, authorize the commitment of
10959	10959	royalty or mineral interests in oil, liquid hydrocarbons, gas,
10960	10960	gaseous elements, and other minerals, or any one or more of them,
10961	10961	owned by the estate, to agreements that provide for the operation of
10962	10962	areas as a pool or unit for the exploration for, development of, and
10963	10963	production of all of those minerals, if the court finds that:
10964	10964	(1) the pool or unit to which the agreement relates
10965	10965	will be operated in a manner that protects correlative rights or
10966	10966	prevents the physical or economic waste of oil, liquid
10967	10967	hydrocarbons, gas, gaseous elements, or other minerals subject to
10968	10968	the agreement; and
10969	10969	(2) it is in the best interest of the estate to execute
10970	10970	the agreement.
10971	10971	(b) An agreement authorized under Subsection (a) may, among
10972	10972	other things, provide that:
10973	10973	(1) operations incident to the drilling of or
10974	10974	production from a well on any portion of a pool or unit shall be
10975	10975	considered for all purposes to be the conduct of operations on or
10976	10976	production from each separately owned tract in the pool or unit;
10977	10977	(2) any lease covering any part of the area committed
10978	10978	to a pool or unit continues in effect in its entirety as long as:
10979	10979	(A) oil, gas, or other minerals subject to the
10980	10980	agreement are produced in paying quantities from any part of the
10981	10981	pooled or unitized area;
10982	10982	(B) operations are conducted as provided in the
10983	10983	lease on any part of the pooled or unitized area; or
10984	10984	(C) there is a shut-in gas well on any part of the
10985	10985	pooled or unitized area, if the presence of the shut-in gas well is
10986	10986	a ground for continuation of the lease under the terms of the lease;
10987	10987	(3) the production allocated by the agreement to each
10988	10988	tract included in a pool or unit shall, when produced, be considered
10989	10989	for all purposes to have been produced from the tract by a well
10990	10990	drilled on the tract;
10991	10991	(4) the royalties provided for on production from any
10992	10992	tract or portion of a tract within the pool or unit shall be paid
10993	10993	only on that portion of the production allocated to the tract in
10994	10994	accordance with the agreement;
10995	10995	(5) the dry gas, before or after extraction of
10996	10996	hydrocarbons, may be returned to a formation underlying any land or
10997	10997	leases committed to the agreement, and that royalties are not
10998	10998	required to be paid on the gas returned; and
10999	10999	(6) gas obtained from other sources or other land may
11000	11000	be injected into a formation underlying any land or leases
11001	11001	committed to the agreement, and that royalties are not required to
11002	11002	be paid on the gas injected when the gas is produced from the unit.
11003	11003	(Tex. Prob. Code, Secs. 369(a), (b) (part).)
11004	11004	Sec. 358.152. POOLING OR UNITIZATION APPLICATION. (a) The
11005	11005	personal representative of an estate shall file with the county
11006	11006	clerk of the county in which the probate proceeding is pending a
11007	11007	written application for authority to:
11008	11008	(1) enter into pooling or unitization agreements
11009	11009	supplementing, amending, or otherwise relating to any existing
11010	11010	lease or leases covering property owned by the estate; or
11011	11011	(2) commit royalties or other interests in minerals,
11012	11012	whether or not subject to a lease, to a pooling or unitization
11013	11013	agreement.
11014	11014	(b) The pooling or unitization application must also:
11015	11015	(1) sufficiently describe the property as required in
11016	11016	an original lease application;
11017	11017	(2) describe briefly any lease or leases to which the
11018	11018	interest of the estate is subject; and
11019	11019	(3) set out the reasons the proposed agreement
11020	11020	concerning the property should be entered into.
11021	11021	(c) A copy of the proposed agreement must be attached to the
11022	11022	application and made a part of the application by reference.
11023	11023	(d) The agreement may not be recorded in the minutes.
11024	11024	(e) Immediately after the pooling or unitization
11025	11025	application is filed, the clerk shall call the application to the
11026	11026	judge's attention. (Tex. Prob. Code, Sec. 369(b) (part).)
11027	11027	Sec. 358.153. NOTICE NOT REQUIRED. Notice by advertising,
11028	11028	citation, or otherwise of the filing of a pooling or unitization
11029	11029	application under Section 358.152 is not required. (Tex. Prob.
11030	11030	Code, Sec. 369(b) (part).)
11031	11031	Sec. 358.154. HEARING ON APPLICATION. (a) The judge may
11032	11032	hold a hearing on a pooling or unitization application filed under
11033	11033	Section 358.152 at any time agreeable to the parties to the proposed
11034	11034	agreement.
11035	11035	(b) The judge shall hear evidence and determine to the
11036	11036	judge's satisfaction whether it is in the best interest of the
11037	11037	estate that the proposed agreement be authorized.
11038	11038	(c) The hearing may be continued from day to day and from
11039	11039	time to time as the court finds necessary. (Tex. Prob. Code, Sec.
11040	11040	369(b) (part).)
11041	11041	Sec. 358.155. ACTION OF COURT AND CONTENTS OF ORDER. (a)
11042	11042	The court shall enter an order setting out the court's findings and
11043	11043	authorizing execution of the proposed pooling or unitization
11044	11044	agreement, with or without payment of cash consideration according
11045	11045	to the agreement, if the court finds that:
11046	11046	(1) the pool or unit to which the agreement relates
11047	11047	will be operated in a manner that protects correlative rights or
11048	11048	prevents the physical or economic waste of oil, liquid
11049	11049	hydrocarbons, gas, gaseous elements, or other minerals subject to
11050	11050	the agreement;
11051	11051	(2) it is in the best interest of the estate that the
11052	11052	agreement be executed; and
11053	11053	(3) the agreement conforms substantially with the
11054	11054	permissible provisions of Section 358.151.
11055	11055	(b) If cash consideration is to be paid for the agreement,
11056	11056	the court shall also make findings as to the necessity of increased
11057	11057	or additional bond, as in the making of leases on payment of the
11058	11058	cash bonus for the lease. Such an agreement is not valid until any
11059	11059	required increased or additional bond has been approved by the
11060	11060	judge and filed with the clerk.
11061	11061	(c) If the effective date of the agreement is not stipulated
11062	11062	in the agreement, the effective date of the agreement is the date of
11063	11063	the court's order. (Tex. Prob. Code, Sec. 369(b) (part).)
11064	11064	[Sections 358.156-358.200 reserved for expansion]
11065	11065	SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED
11066	11066	WITHOUT COURT ORDER
11067	11067	Sec. 358.201. AUTHORIZATION FOR EXECUTION OF AGREEMENTS.
11068	11068	As to any mineral lease or pooling or unitization agreement,
11069	11069	executed on behalf of an estate before January 1, 1956, or on or
11070	11070	after that date under the provisions of the former Texas Probate
11071	11071	Code or this code, or executed by a former owner of land, minerals,
11072	11072	or royalty affected by the lease or agreement, the personal
11073	11073	representative of the estate being administered may, without
11074	11074	further court order and without consideration, execute:
11075	11075	(1) division orders;
11076	11076	(2) transfer orders;
11077	11077	(3) instruments of correction;
11078	11078	(4) instruments designating depository banks for the
11079	11079	receipt of delay rentals or shut-in gas well royalty to accrue or
11080	11080	become payable under the terms of the lease; and
11081	11081	(5) similar instruments relating to the lease or
11082	11082	agreement and the property covered by the lease or agreement. (Tex.
11083	11083	Prob. Code, Sec. 370.)
11084	11084	[Sections 358.202-358.250 reserved for expansion]
11085	11085	SUBCHAPTER F. PROCEDURE IF PERSONAL REPRESENTATIVE OF ESTATE
11086	11086	NEGLECTS TO APPLY FOR AUTHORITY
11087	11087	Sec. 358.251. APPLICATION TO SHOW CAUSE. If the personal
11088	11088	representative of an estate neglects to apply for authority to
11089	11089	subject estate property to a lease for mineral development,
11090	11090	pooling, or unitization, or to commit royalty or another interest
11091	11091	in minerals to pooling or unitization, any person interested in the
11092	11092	estate may, on written application filed with the county clerk,
11093	11093	have the representative cited to show cause why it is not in the
11094	11094	best interest of the estate to make such a lease or enter into such
11095	11095	an agreement. (Tex. Prob. Code, Sec. 371 (part).)
11096	11096	Sec. 358.252. HEARING ON APPLICATION. (a) The county clerk
11097	11097	shall immediately call the filing of an application under Section
11098	11098	358.251 to the attention of the judge of the court in which the
11099	11099	probate proceedings are pending.
11100	11100	(b) The judge shall set a time and place for a hearing on the
11101	11101	application, and the personal representative of the estate shall be
11102	11102	cited to appear and show cause why the execution of a lease or
11103	11103	agreement described by Section 358.251 should not be ordered.
11104	11104	(Tex. Prob. Code, Sec. 371 (part).)
11105	11105	Sec. 358.253. ORDER. On a hearing conducted under Section
11106	11106	358.252, if satisfied from the evidence that it would be in the best
11107	11107	interest of the estate, the court shall enter an order requiring the
11108	11108	personal representative promptly to file an application to subject
11109	11109	the estate property to a lease for mineral development, with or
11110	11110	without pooling or unitization provisions, or to commit royalty or
11111	11111	other minerals to pooling or unitization, as appropriate. (Tex.
11112	11112	Prob. Code, Sec. 371 (part).)
11113	11113	Sec. 358.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
11114	11114	ORDER. After entry of an order under Section 358.253, the procedure
11115	11115	prescribed with respect to an original lease application, or with
11116	11116	respect to an original application for authority to commit royalty
11117	11117	or minerals to pooling or unitization, whichever is appropriate,
11118	11118	shall be followed. (Tex. Prob. Code, Sec. 371 (part).)
11119	11119	CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
11120	11120	SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS
11121	11121	Sec. 359.001. ACCOUNT OF ESTATE REQUIRED
11122	11122	Sec. 359.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE
11123	11123	CLOSED
11124	11124	Sec. 359.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS
11125	11125	ATTACHED TO ACCOUNT
11126	11126	Sec. 359.004. METHOD OF PROOF FOR SECURITIES AND OTHER
11127	11127	ASSETS
11128	11128	Sec. 359.005. VERIFICATION OF ACCOUNT
11129	11129	Sec. 359.006. ADDITIONAL ACCOUNTS
11130	11130	[Sections 359.007-359.050 reserved for expansion]
11131	11131	SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
11132	11132	Sec. 359.051. FILING AND CONSIDERATION OF ANNUAL
11133	11133	ACCOUNT
11134	11134	Sec. 359.052. CORRECTION OF ANNUAL ACCOUNT
11135	11135	Sec. 359.053. ORDER FOR PAYMENT OF CLAIMS IN FULL
11136	11136	Sec. 359.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS
11137	11137	[Sections 359.055-359.100 reserved for expansion]
11138	11138	SUBCHAPTER C. PENALTIES
11139	11139	Sec. 359.101. PENALTY FOR FAILURE TO FILE ANNUAL
11140	11140	ACCOUNT
11141	11141	Sec. 359.102. PENALTY FOR FAILURE TO FILE EXHIBIT OR
11142	11142	REPORT
11143	11143	CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
11144	11144	SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS
11145	11145	Sec. 359.001. ACCOUNT OF ESTATE REQUIRED. (a) On the
11146	11146	expiration of 12 months from the date a personal representative
11147	11147	qualifies and receives letters testamentary or of administration to
11148	11148	administer a decedent's estate under court order, the
11149	11149	representative shall file with the court an account consisting of a
11150	11150	written exhibit made under oath that lists all claims against the
11151	11151	estate presented to the representative during the period covered by
11152	11152	the account. The exhibit must specify:
11153	11153	(1) the claims allowed by the representative;
11154	11154	(2) the claims paid by the representative;
11155	11155	(3) the claims rejected by the representative and the
11156	11156	date the claims were rejected; and
11157	11157	(4) the claims for which a lawsuit has been filed and
11158	11158	the status of that lawsuit.
11159	11159	(b) The account must:
11160	11160	(1) show all property that has come to the personal
11161	11161	representative's knowledge or into the representative's possession
11162	11162	that was not previously listed or inventoried as estate property;
11163	11163	(2) show any changes in estate property that have not
11164	11164	been previously reported;
11165	11165	(3) provide a complete account of receipts and
11166	11166	disbursements for the period covered by the account, including the
11167	11167	source and nature of the receipts and disbursements, with separate
11168	11168	listings for principal and income receipts;
11169	11169	(4) provide a complete, accurate, and detailed
11170	11170	description of:
11171	11171	(A) the property being administered;
11172	11172	(B) the condition of the property and the use
11173	11173	being made of the property; and
11174	11174	(C) if rented, the terms on which and the price
11175	11175	for which the property was rented;
11176	11176	(5) show the cash balance on hand and the name and
11177	11177	location of the depository where the balance is kept;
11178	11178	(6) show any other cash held in a savings account or
11179	11179	other manner that was deposited subject to court order and the name
11180	11180	and location of the depository for that cash;
11181	11181	(7) provide a detailed description of the personal
11182	11182	property of the estate that shows how and where the property is held
11183	11183	for safekeeping;
11184	11184	(8) provide a statement that during the period covered
11185	11185	by the account all tax returns due have been filed and all taxes due
11186	11186	and owing have been paid, including:
11187	11187	(A) a complete account of the amount of the
11188	11188	taxes;
11189	11189	(B) the date the taxes were paid; and
11190	11190	(C) the governmental entity to which the taxes
11191	11191	were paid;
11192	11192	(9) if on the filing of the account a tax return due to
11193	11193	be filed or any taxes due to be paid are delinquent, provide the
11194	11194	reasons for, and include a description of, the delinquency; and
11195	11195	(10) provide a statement that the representative has
11196	11196	paid all the required bond premiums for the accounting period.
11197	11197	(c) For bonds, notes, and other securities, the description
11198	11198	required by Subsection (b)(7) must include:
11199	11199	(1) the names of the obligor and obligee or, if payable
11200	11200	to bearer, a statement that the bond, note, or other security is
11201	11201	payable to bearer;
11202	11202	(2) the date of issue and maturity;
11203	11203	(3) the interest rate;
11204	11204	(4) the serial number or other identifying numbers;
11205	11205	(5) the manner in which the property is secured; and
11206	11206	(6) other information necessary to fully identify the
11207	11207	bond, note, or other security. (Tex. Prob. Code, Sec. 399(a).)
11208	11208	Sec. 359.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.
11209	11209	(a) Each personal representative of the estate of a decedent shall
11210	11210	continue to file an annual account conforming to the essential
11211	11211	requirements of Section 359.001 regarding changes in the estate
11212	11212	assets occurring since the date the most recent previous account
11213	11213	was filed.
11214	11214	(b) The annual account must be filed in a manner that allows
11215	11215	the court or an interested person to ascertain the true condition of
11216	11216	the estate, with respect to money, securities, and other property,
11217	11217	by adding to the balances forwarded from the most recent previous
11218	11218	account the amounts received during the period covered by the
11219	11219	account and subtracting the disbursements made during that period.
11220	11220	(c) The description of property sufficiently described in
11221	11221	an inventory or previous account may be made in the annual account
11222	11222	by reference to that description. (Tex. Prob. Code, Sec. 399(b).)
11223	11223	Sec. 359.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS
11224	11224	ATTACHED TO ACCOUNT. (a) The personal representative of an estate
11225	11225	shall attach to each annual account:
11226	11226	(1) a voucher for each item of credit claimed in the
11227	11227	account or, to support the item in the absence of the voucher, other
11228	11228	evidence satisfactory to the court;
11229	11229	(2) an official letter from the bank or other
11230	11230	depository where the estate money on hand is deposited that shows
11231	11231	the amounts in general or special deposits; and
11232	11232	(3) proof of the existence and possession of:
11233	11233	(A) securities owned by the estate or shown by
11234	11234	the account; and
11235	11235	(B) other assets held by a depository subject to
11236	11236	court order.
11237	11237	(b) An original voucher submitted to the court may on
11238	11238	application be returned to the personal representative after
11239	11239	approval of the account.
11240	11240	(c) The court may require:
11241	11241	(1) additional evidence of the existence and custody
11242	11242	of the securities and other personal property as the court
11243	11243	considers proper; and
11244	11244	(2) the personal representative at any time to exhibit
11245	11245	the securities and other personal property to the court or another
11246	11246	person designated by the court at the place where the securities and
11247	11247	other personal property are held for safekeeping. (Tex. Prob.
11248	11248	Code, Sec. 399(c) (part).)
11249	11249	Sec. 359.004. METHOD OF PROOF FOR SECURITIES AND OTHER
11250	11250	ASSETS. (a) The proof required by Section 359.003(a)(3) must be by:
11251	11251	(1) an official letter from the bank or other
11252	11252	depository where the securities or other assets are held for
11253	11253	safekeeping, and if the depository is the personal representative,
11254	11254	the official letter must be signed by a representative of the
11255	11255	depository other than the one verifying the account;
11256	11256	(2) a certificate of an authorized representative of a
11257	11257	corporation that is surety on the personal representative's bonds;
11258	11258	(3) a certificate of the clerk or a deputy clerk of a
11259	11259	court of record in this state; or
11260	11260	(4) an affidavit of any other reputable person
11261	11261	designated by the court on request of the personal representative
11262	11262	or other interested party.
11263	11263	(b) The certificate or affidavit described by Subsection
11264	11264	(a) must:
11265	11265	(1) state that the affiant has examined the assets
11266	11266	that the personal representative exhibited to the affiant as assets
11267	11267	of the estate;
11268	11268	(2) describe the assets by reference to the account or
11269	11269	in another manner that sufficiently identifies the assets
11270	11270	exhibited; and
11271	11271	(3) state the time and the place the assets were
11272	11272	exhibited.
11273	11273	(c) Instead of attaching a certificate or an affidavit, the
11274	11274	personal representative may exhibit the securities to the judge,
11275	11275	who shall endorse on the account, or include in the judge's order
11276	11276	with respect to the account, a statement that the securities shown
11277	11277	in the account as on hand were exhibited to the judge and that the
11278	11278	securities were the same as those shown in the account, or note any
11279	11279	variance.
11280	11280	(d) If the securities are exhibited at a location other than
11281	11281	where the securities are deposited for safekeeping, that exhibit is
11282	11282	at the personal representative's own expense and risk. (Tex. Prob.
11283	11283	Code, Sec. 399(c) (part).)
11284	11284	Sec. 359.005. VERIFICATION OF ACCOUNT. The personal
11285	11285	representative shall attach to the annual account the
11286	11286	representative's affidavit that the account contains a correct and
11287	11287	complete statement of the matters to which it relates. (Tex. Prob.
11288	11288	Code, Sec. 399(d).)
11289	11289	Sec. 359.006. ADDITIONAL ACCOUNTS. (a) At any time after
11290	11290	the expiration of 15 months from the date original letters
11291	11291	testamentary or of administration are granted to an executor or
11292	11292	administrator, an interested person may file a written complaint in
11293	11293	the court in which the estate is pending to have the representative
11294	11294	cited to appear and make a written exhibit under oath that sets
11295	11295	forth fully, in connection with previous exhibits, the condition of
11296	11296	the estate.
11297	11297	(b) If it appears to the court, from the exhibit or other
11298	11298	evidence, that the executor or administrator has estate funds in
11299	11299	the representative's possession that are subject to distribution
11300	11300	among the creditors of the estate, the court shall order the funds
11301	11301	to be paid out to the creditors in accordance with this title.
11302	11302	(c) A personal representative may voluntarily present to
11303	11303	the court the exhibit described by Subsection (a). If the
11304	11304	representative has any estate funds in the representative's
11305	11305	possession that are subject to distribution among the creditors of
11306	11306	the estate, the court shall issue an order similar to the order
11307	11307	entered under Subsection (b). (Tex. Prob. Code, Sec. 402.)
11308	11308	[Sections 359.007-359.050 reserved for expansion]
11309	11309	SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
11310	11310	Sec. 359.051. FILING AND CONSIDERATION OF ANNUAL ACCOUNT.
11311	11311	(a) The personal representative of an estate shall file an annual
11312	11312	account with the county clerk. The county clerk shall promptly note
11313	11313	the filing on the judge's docket.
11314	11314	(b) At any time after the account has remained on file for 10
11315	11315	days following the date the account is filed, the judge shall
11316	11316	consider the account and may continue the hearing on the account
11317	11317	until fully advised on all account items.
11318	11318	(c) The court may not approve the account unless possession
11319	11319	of cash, listed securities, or other assets held in safekeeping or
11320	11320	on deposit under court order has been proven as required by law.
11321	11321	(Tex. Prob. Code, Secs. 401(a), (b), (c), (d).)
11322	11322	Sec. 359.052. CORRECTION OF ANNUAL ACCOUNT. (a) If the
11323	11323	court finds an annual account is incorrect, the account must be
11324	11324	corrected.
11325	11325	(b) The court by order shall approve an annual account that
11326	11326	is corrected to the satisfaction of the court and shall act with
11327	11327	respect to unpaid claims in accordance with Sections 359.053 and
11328	11328	359.054. (Tex. Prob. Code, Sec. 401(e) (part).)
11329	11329	Sec. 359.053. ORDER FOR PAYMENT OF CLAIMS IN FULL. After
11330	11330	approval of an annual account as provided by Section 359.052, if it
11331	11331	appears to the court from the exhibit or other evidence that the
11332	11332	estate is wholly solvent and that the personal representative has
11333	11333	in the representative's possession sufficient funds to pay every
11334	11334	character of claims against the estate, the court shall order
11335	11335	immediate payment of all claims allowed and approved or established
11336	11336	by judgment. (Tex. Prob. Code, Sec. 401(e) (part).)
11337	11337	Sec. 359.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS. After
11338	11338	approval of an annual account as provided by Section 359.052, if it
11339	11339	appears to the court from the account or other evidence that the
11340	11340	funds on hand are not sufficient to pay every character of claims
11341	11341	against the estate or if the estate is insolvent and the personal
11342	11342	representative has any funds on hand, the court shall order the
11343	11343	funds to be applied:
11344	11344	(1) first to the payment of any unpaid claims having a
11345	11345	preference in the order of their priority; and
11346	11346	(2) then to the pro rata payment of the other claims
11347	11347	allowed and approved or established by final judgment, considering:
11348	11348	(A) claims that were presented before the first
11349	11349	anniversary of the date administration was granted; and
11350	11350	(B) claims that are in litigation or on which a
11351	11351	lawsuit may be filed. (Tex. Prob. Code, Sec. 401(e) (part).)
11352	11352	[Sections 359.055-359.100 reserved for expansion]
11353	11353	SUBCHAPTER C. PENALTIES
11354	11354	Sec. 359.101. PENALTY FOR FAILURE TO FILE ANNUAL ACCOUNT.
11355	11355	(a) If the personal representative of an estate does not file an
11356	11356	annual account required by Section 359.001 or 359.002, any person
11357	11357	interested in the estate on written complaint, or the court on the
11358	11358	court's own motion, may have the representative cited to file the
11359	11359	account and show cause for the failure.
11360	11360	(b) If the personal representative does not file the account
11361	11361	after being cited or does not show good cause for the failure, the
11362	11362	court on hearing may:
11363	11363	(1) revoke the representative's letters testamentary
11364	11364	or of administration; and
11365	11365	(2) fine the representative in an amount not to exceed
11366	11366	$500.
11367	11367	(c) The personal representative and the representative's
11368	11368	sureties are liable for any fine imposed and for all damages and
11369	11369	costs sustained by the representative's failure. The fine,
11370	11370	damages, and costs may be recovered in any court of competent
11371	11371	jurisdiction. (Tex. Prob. Code, Sec. 400.)
11372	11372	Sec. 359.102. PENALTY FOR FAILURE TO FILE EXHIBIT OR
11373	11373	REPORT. (a) If a personal representative does not file an exhibit
11374	11374	or report required by this title, any person interested in the
11375	11375	estate on written complaint filed with the court clerk may have the
11376	11376	representative cited to appear and show cause why the
11377	11377	representative should not file the exhibit or report.
11378	11378	(b) On hearing, the court may:
11379	11379	(1) order the personal representative to file the
11380	11380	exhibit or report; and
11381	11381	(2) unless good cause is shown for the failure, revoke
11382	11382	the representative's letters testamentary or of administration and
11383	11383	fine the representative in an amount not to exceed $1,000. (Tex.
11384	11384	Prob. Code, Sec. 403.)
11385	11385	CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
11386	11386	SUBCHAPTER A. APPLICATION FOR PARTITION AND DISTRIBUTION
11387	11387	Sec. 360.001. GENERAL APPLICATION
11388	11388	Sec. 360.002. APPLICATION FOR PARTIAL DISTRIBUTION
11389	11389	[Sections 360.003-360.050 reserved for expansion]
11390	11390	SUBCHAPTER B. CITATION
11391	11391	Sec. 360.051. CITATION OF INTERESTED PERSONS
11392	11392	Sec. 360.052. CITATION OF EXECUTOR OR ADMINISTRATOR
11393	11393	[Sections 360.053-360.100 reserved for expansion]
11394	11394	SUBCHAPTER C. PROCEEDINGS; EXPENSES
11395	11395	Sec. 360.101. HEARING ON APPLICATION
11396	11396	Sec. 360.102. COURT DECREE
11397	11397	Sec. 360.103. EXPENSES OF PARTITION
11398	11398	[Sections 360.104-360.150 reserved for expansion]
11399	11399	SUBCHAPTER D. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS
11400	11400	CAPABLE OF DIVISION
11401	11401	Sec. 360.151. APPOINTMENT OF COMMISSIONERS
11402	11402	Sec. 360.152. WRIT OF PARTITION
11403	11403	Sec. 360.153. PARTITION BY COMMISSIONERS
11404	11404	Sec. 360.154. COMMISSIONERS' REPORT
11405	11405	Sec. 360.155. COURT ACTION ON COMMISSIONERS' REPORT
11406	11406	Sec. 360.156. DELIVERY OF PROPERTY
11407	11407	Sec. 360.157. COMMISSIONERS' FEES
11408	11408	[Sections 360.158-360.200 reserved for expansion]
11409	11409	SUBCHAPTER E. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS INCAPABLE OF DIVISION
11410	11410	INCAPABLE OF DIVISION
11411	11411	Sec. 360.201. COURT FINDING
11412	11412	Sec. 360.202. SALE OF ESTATE PROPERTY
11413	11413	Sec. 360.203. APPLICABILITY OF PROVISIONS RELATING TO
11414	11414	SALE OF REAL ESTATE
11415	11415	[Sections 360.204-360.250 reserved for expansion]
11416	11416	SUBCHAPTER F. CERTAIN TYPES OF ESTATE PROPERTY
11417	11417	Sec. 360.251. ESTATE CONSISTING ONLY OF MONEY OR DEBTS
11418	11418	Sec. 360.252. ESTATE PROPERTY LOCATED IN ANOTHER
11419	11419	COUNTY
11420	11420	Sec. 360.253. COMMUNITY PROPERTY
11421	11421	Sec. 360.254. JOINTLY OWNED PROPERTY
11422	11422	[Sections 360.255-360.300 reserved for expansion]
11423	11423	SUBCHAPTER G. ENFORCEMENT
11424	11424	Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE
11425	11425	PROPERTY
11426	11426	CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
11427	11427	SUBCHAPTER A. APPLICATION FOR PARTITION AND DISTRIBUTION
11428	11428	Sec. 360.001. GENERAL APPLICATION. (a) At any time after
11429	11429	the first anniversary of the date original letters testamentary or
11430	11430	of administration are granted, an executor, administrator, heir, or
11431	11431	devisee of a decedent's estate, by written application filed in the
11432	11432	court in which the estate is pending, may request the partition and
11433	11433	distribution of the estate.
11434	11434	(b) An application under Subsection (a) must state:
11435	11435	(1) the decedent's name;
11436	11436	(2) the name and residence of each person entitled to a
11437	11437	share of the estate and whether the person is an adult or a minor;
11438	11438	(3) if the applicant does not know a fact required by
11439	11439	Subdivision (2); and
11440	11440	(4) the reasons why the estate should be partitioned
11441	11441	and distributed. (Tex. Prob. Code, Secs. 373(a), (b).)
11442	11442	Sec. 360.002. APPLICATION FOR PARTIAL DISTRIBUTION. (a)
11443	11443	At any time after original letters testamentary or of
11444	11444	administration are granted and the inventory, appraisement, and
11445	11445	list of claims are filed and approved, an executor, administrator,
11446	11446	heir, or devisee of a decedent's estate, by written application
11447	11447	filed in the court in which the estate is pending, may request a
11448	11448	distribution of any portion of the estate.
11449	11449	(b) All interested parties, including known creditors, must
11450	11450	be personally cited as in other distributions.
11451	11451	(c) Except as provided by Subsection (d), the court, on
11452	11452	proper citation and hearing, may distribute any portion of the
11453	11453	estate the court considers advisable.
11454	11454	(d) If a distribution is to be made to one or more heirs or
11455	11455	devisees, but not to all heirs or devisees, the court shall require
11456	11456	a refunding bond in an amount determined by the court to be filed
11457	11457	with the court, unless a written waiver of the bond requirement is
11458	11458	filed with the court by all interested parties. On approving the
11459	11459	bond, if required, the court shall order the distribution of the
11460	11460	relevant portion of the estate.
11461	11461	(e) This section applies to corpus as well as income,
11462	11462	notwithstanding any other provision of this title. (Tex. Prob.
11463	11463	Code, Sec. 373(c).)
11464	11464	[Sections 360.003-360.050 reserved for expansion]
11465	11465	SUBCHAPTER B. CITATION
11466	11466	Sec. 360.051. CITATION OF INTERESTED PERSONS. (a) On the
11467	11467	filing of the application, the clerk shall issue a citation that:
11468	11468	(1) states:
11469	11469	(A) the decedent's name; and
11470	11470	(B) the date the court will hear the application;
11471	11471	and
11472	11472	(2) requires all persons interested in the estate to
11473	11473	appear and show cause why the estate should not be partitioned and
11474	11474	distributed.
11475	11475	(b) A citation under this section must be:
11476	11476	(1) personally served on each person residing in the
11477	11477	state who is entitled to a share of the estate and whose address is
11478	11478	known; and
11479	11479	(2) served by publication on any person entitled to a
11480	11480	share of the estate:
11481	11481	(A) whose identity or address is not known;
11482	11482	(B) who is not a resident of this state; or
11483	11483	(C) who is a resident of this state but is absent
11484	11484	from this state. (Tex. Prob. Code, Sec. 374.)
11485	11485	Sec. 360.052. CITATION OF EXECUTOR OR ADMINISTRATOR. When
11486	11486	a person other than the executor or administrator applies for
11487	11487	partition and distribution, the executor or administrator must also
11488	11488	be cited to appear and answer the application and file in court a
11489	11489	verified exhibit and account of the condition of the estate, as in
11490	11490	the case of a final settlement. (Tex. Prob. Code, Sec. 375.)
11491	11491	[Sections 360.053-360.100 reserved for expansion]
11492	11492	SUBCHAPTER C. PROCEEDINGS; EXPENSES
11493	11493	Sec. 360.101. HEARING ON APPLICATION. (a) At the hearing
11494	11494	on an application for partition and distribution, the court shall
11495	11495	determine:
11496	11496	(1) the residue of the estate that is subject to
11497	11497	partition and distribution;
11498	11498	(2) the persons entitled by law to partition and
11499	11499	distribution and those persons' respective shares; and
11500	11500	(3) whether an advancement has been made to any of the
11501	11501	persons described by Subdivision (2), and if so, the nature and
11502	11502	value of the advancement.
11503	11503	(b) For purposes of Subsection (a)(1), the residue of the
11504	11504	estate is determined by deducting from the entire assets of the
11505	11505	estate remaining on hand:
11506	11506	(1) the amount of all debts and expenses that:
11507	11507	(A) have been approved or established by judgment
11508	11508	but not paid; or
11509	11509	(B) may be established by judgment in the future;
11510	11510	and
11511	11511	(2) the probable future expenses of administration.
11512	11512	(c) If an advancement described by Subsection (a)(3) has
11513	11513	been made, the court shall require the advancement to be placed in
11514	11514	hotchpotch as required by the law governing intestate succession.
11515	11515	(Tex. Prob. Code, Sec. 377.)
11516	11516	Sec. 360.102. COURT DECREE. If the court determines that
11517	11517	the estate should be partitioned and distributed, the court shall
11518	11518	enter a decree stating:
11519	11519	(1) the name and address, if known, of each person
11520	11520	entitled to a share of the estate, specifying:
11521	11521	(A) which of those persons are known to be
11522	11522	minors;
11523	11523	(B) the name of the minors' guardian or guardian
11524	11524	ad litem; and
11525	11525	(C) the name of the attorney appointed to
11526	11526	represent those persons who are unknown or who are not residents of
11527	11527	this state;
11528	11528	(2) the proportional part of the estate to which each
11529	11529	person is entitled;
11530	11530	(3) a full description of all the estate to be
11531	11531	distributed; and
11532	11532	(4) that the executor or administrator must retain
11533	11533	possession of a sufficient amount of money or property to pay all
11534	11534	debts, taxes, and expenses of administration and specifying the
11535	11535	amount of money or the property to be retained. (Tex. Prob. Code,
11536	11536	Sec. 378.)
11537	11537	Sec. 360.103. EXPENSES OF PARTITION. (a) The distributees
11538	11538	shall pay the expense of the estate's partition pro rata.
11539	11539	(b) The portion of the estate allotted to a distributee is
11540	11540	liable for the distributee's portion of the partition expense, and,
11541	11541	if not paid, the court may order execution for the expense in the
11542	11542	names of the persons entitled to payment of the expense. (Tex.
11543	11543	Prob. Code, Sec. 387.)
11544	11544	[Sections 360.104-360.150 reserved for expansion]
11545	11545	SUBCHAPTER D. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS
11546	11546	CAPABLE OF DIVISION
11547	11547	Sec. 360.151. APPOINTMENT OF COMMISSIONERS. If the estate
11548	11548	does not consist entirely of money or debts due to the estate and
11549	11549	the court has not previously determined that the estate is
11550	11550	incapable of partition, the court shall appoint three or more
11551	11551	discreet and disinterested persons as commissioners to make a
11552	11552	partition and distribution of the estate. (Tex. Prob. Code, Sec.
11553	11553	380(a).)
11554	11554	Sec. 360.152. WRIT OF PARTITION. (a) When commissioners
11555	11555	are appointed under Section 360.151, the clerk shall issue a writ of
11556	11556	partition directed to the commissioners, commanding the
11557	11557	commissioners to:
11558	11558	(1) proceed promptly to make the partition and
11559	11559	distribution in accordance with the court decree; and
11560	11560	(2) return the writ, with the commissioners'
11561	11561	proceedings under the writ, on a date stated in the writ.
11562	11562	(b) A copy of the court decree must accompany the writ.
11563	11563	(c) The writ must be served by:
11564	11564	(1) delivering the writ and the accompanying copy of
11565	11565	the court decree to one of the commissioners; and
11566	11566	(2) notifying the other commissioners, verbally or
11567	11567	otherwise, of the commissioners' appointment.
11568	11568	(d) Service under Subsection (c) may be made by any person.
11569	11569	(Tex. Prob. Code, Sec. 380(b).)
11570	11570	Sec. 360.153. PARTITION BY COMMISSIONERS. (a) The
11571	11571	commissioners shall make a fair, just, and impartial partition and
11572	11572	distribution of the estate in the following order and manner:
11573	11573	(1) if the real estate is capable of being divided
11574	11574	without manifest injury to all or any of the distributees, the
11575	11575	commissioners shall partition and distribute the land or other
11576	11576	property by allotting to each distributee:
11577	11577	(A) a share in each parcel;
11578	11578	(B) shares in one or more parcels; or
11579	11579	(C) one or more parcels separately, with or
11580	11580	without the addition of a share of other parcels;
11581	11581	(2) if the real estate is not capable of a fair, just,
11582	11582	and equal division in kind, but may be made capable of a fair, just,
11583	11583	and equal division in kind by allotting to one or more of the
11584	11584	distributees a proportion of the money or other personal property
11585	11585	to supply the deficiency, the commissioners may make, as nearly as
11586	11586	possible, an equal division of the real estate and supply the
11587	11587	deficiency of any share from the money or other personal property;
11588	11588	and
11589	11589	(3) the commissioners shall:
11590	11590	(A) make a like division in kind, as nearly as
11591	11591	possible, of the money and other personal property; and
11592	11592	(B) determine by lot, among equal shares, to whom
11593	11593	each share shall belong.
11594	11594	(b) The commissioners shall allot the land or other property
11595	11595	under Subsection (a)(1) in the manner described by that subsection
11596	11596	that is most in the interest of the distributees. (Tex. Prob. Code,
11597	11597	Sec. 380(c).)
11598	11598	Sec. 360.154. COMMISSIONERS' REPORT. (a) After dividing
11599	11599	all or any part of the estate, at least a majority of the
11600	11600	commissioners shall make a written, sworn report to the court that:
11601	11601	(1) states the property divided by the commissioners;
11602	11602	and
11603	11603	(2) describes in particular the property allotted to
11604	11604	each distributee and the value of that property.
11605	11605	(b) If real estate was divided, the report must also contain
11606	11606	a general plat of the land with:
11607	11607	(1) the division lines plainly set down; and
11608	11608	(2) the number of acres in each share. (Tex. Prob.
11609	11609	Code, Sec. 380(d).)
11610	11610	Sec. 360.155. COURT ACTION ON COMMISSIONERS' REPORT. (a)
11611	11611	On the return of a commissioners' report under Section 360.154, the
11612	11612	court shall:
11613	11613	(1) examine the report carefully; and
11614	11614	(2) hear:
11615	11615	(A) all exceptions and objections to the report;
11616	11616	and
11617	11617	(B) all evidence in favor of or against the
11618	11618	report.
11619	11619	(b) If the report is informal, the court shall have the
11620	11620	informality corrected.
11621	11621	(c) If the division appears to have been fairly made
11622	11622	according to law and no valid exceptions are taken to the division,
11623	11623	the court shall approve the division and enter a decree vesting
11624	11624	title in the distributees of the distributees' respective shares or
11625	11625	portions of the property as set apart to the distributees by the
11626	11626	commissioners.
11627	11627	(d) If the division does not appear to have been fairly made
11628	11628	according to law or a valid exception is taken to the division, the
11629	11629	court may:
11630	11630	(1) set aside the report and division; and
11631	11631	(2) order a new partition to be made. (Tex. Prob.
11632	11632	Code, Sec. 380(e).)
11633	11633	Sec. 360.156. DELIVERY OF PROPERTY. When the
11634	11634	commissioners' report has been approved and ordered to be recorded,
11635	11635	the court shall order the executor or administrator to deliver to
11636	11636	the distributees on demand the distributees' respective shares of
11637	11637	the estate, including all the title deeds and documents belonging
11638	11638	to the distributees. (Tex. Prob. Code, Sec. 380(f).)
11639	11639	Sec. 360.157. COMMISSIONERS' FEES. A commissioner who
11640	11640	partitions and distributes an estate under this subchapter is
11641	11641	entitled to $5 for each day the commissioner necessarily engages in
11642	11642	performing the commissioner's duties, to be taxed and paid as other
11643	11643	costs in cases of partition. (Tex. Prob. Code, Sec. 380(g).)
11644	11644	[Sections 360.158-360.200 reserved for expansion]
11645	11645	SUBCHAPTER E. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS
11646	11646	INCAPABLE OF DIVISION
11647	11647	Sec. 360.201. COURT FINDING. If, in the court's opinion,
11648	11648	all or part of an estate is not capable of a fair and equal partition
11649	11649	and distribution, the court shall make a special written finding
11650	11650	specifying the property incapable of division. (Tex. Prob. Code,
11651	11651	Sec. 381(a).)
11652	11652	Sec. 360.202. SALE OF ESTATE PROPERTY. (a) When the court
11653	11653	has found that all or part of an estate is not capable of fair and
11654	11654	equal division, the court shall order the sale of all estate
11655	11655	property not capable of fair and equal division.
11656	11656	(b) The sale must be made by the executor or administrator
11657	11657	in the manner provided for the sale of real estate to satisfy estate
11658	11658	debts.
11659	11659	(c) The court shall distribute the proceeds collected from
11660	11660	the sale to the persons entitled to the proceeds.
11661	11661	(d) A distributee who buys property at the sale is required
11662	11662	to pay or secure only the amount by which the distributee's bid
11663	11663	exceeds the amount of the distributee's share of the property.
11664	11664	(Tex. Prob. Code, Secs. 381(b), (c).)
11665	11665	Sec. 360.203. APPLICABILITY OF PROVISIONS RELATING TO SALE
11666	11666	OF REAL ESTATE. The provisions of this title relating to reports of
11667	11667	sales of real estate, the giving of an increased general or
11668	11668	additional bond on the sale of real estate, and the vesting of title
11669	11669	to property sold by decree or by deed apply to sales made under this
11670	11670	subchapter. (Tex. Prob. Code, Sec. 381(d).)
11671	11671	[Sections 360.204-360.250 reserved for expansion]
11672	11672	SUBCHAPTER F. CERTAIN TYPES OF ESTATE PROPERTY
11673	11673	Sec. 360.251. ESTATE CONSISTING ONLY OF MONEY OR DEBTS. If
11674	11674	the estate to be distributed consists only of money or debts due to
11675	11675	the estate, the court shall:
11676	11676	(1) set the amount to which each distributee is
11677	11677	entitled; and
11678	11678	(2) order the executor or administrator to pay and
11679	11679	deliver that amount. (Tex. Prob. Code, Sec. 379.)
11680	11680	Sec. 360.252. ESTATE PROPERTY LOCATED IN ANOTHER COUNTY.
11681	11681	(a) If any portion of the estate to be partitioned is located in
11682	11682	another county and cannot be fairly partitioned without prejudice
11683	11683	to the distributees' interests, the commissioners may report those
11684	11684	facts to the court in writing.
11685	11685	(b) On the making of a report under Subsection (a), if the
11686	11686	court is satisfied that the property cannot be fairly divided or
11687	11687	that the sale of the property would be more advantageous to the
11688	11688	distributees, the court may order a sale of the property. The sale
11689	11689	must be conducted in the manner provided by Subchapter E for the
11690	11690	sale of property that is not capable of fair and equal division.
11691	11691	(c) If the court is not satisfied that the property cannot
11692	11692	be fairly and advantageously divided, or that the sale of the
11693	11693	property would be more advantageous to the distributees, the court
11694	11694	may appoint three or more commissioners in each county in which the
11695	11695	property is located. If the court appoints commissioners under
11696	11696	this subsection, the proceedings under Subchapter D for partition
11697	11697	by commissioners must be followed. (Tex. Prob. Code, Sec. 382.)
11698	11698	Sec. 360.253. COMMUNITY PROPERTY. (a) If a spouse dies
11699	11699	leaving community property, the surviving spouse, at any time after
11700	11700	letters testamentary or of administration have been granted and an
11701	11701	inventory, appraisement, and list of claims of the estate have been
11702	11702	returned, may apply in writing to the court that granted the letters
11703	11703	for a partition of the community property.
11704	11704	(b) The surviving spouse shall execute and deliver a bond to
11705	11705	the judge of the court described by Subsection (a). The bond must
11706	11706	be:
11707	11707	(1) with a corporate surety or at least two good and
11708	11708	sufficient personal sureties;
11709	11709	(2) payable to and approved by the judge;
11710	11710	(3) in an amount equal to the value of the surviving
11711	11711	spouse's interest in the community property; and
11712	11712	(4) conditioned for the payment of half of all debts
11713	11713	existing against the community property.
11714	11714	(c) The court shall proceed to partition the community
11715	11715	property into two equal moieties, one to be delivered to the
11716	11716	surviving spouse and the other to be delivered to the executor or
11717	11717	administrator of the deceased spouse's estate.
11718	11718	(d) If a partition is made under this section:
11719	11719	(1) a lien exists on the property delivered to the
11720	11720	surviving spouse to secure the payment of the bond required under
11721	11721	Subsection (b); and
11722	11722	(2) any creditor of the community estate:
11723	11723	(A) may sue in the creditor's own name on the
11724	11724	bond; and
11725	11725	(B) is entitled:
11726	11726	(i) to have judgment on the bond for half of
11727	11727	the debt the creditor establishes; and
11728	11728	(ii) to be paid by the executor or
11729	11729	administrator of the deceased spouse's estate for the other half.
11730	11730	(e) The provisions of this title relating to the partition
11731	11731	and distribution of an estate apply to a partition under this
11732	11732	section to the extent applicable. (Tex. Prob. Code, Sec. 385.)
11733	11733	Sec. 360.254. JOINTLY OWNED PROPERTY. (a) A person who has
11734	11734	a joint interest with a decedent's estate in any property may apply
11735	11735	to the court that granted letters testamentary or of administration
11736	11736	on the estate for a partition of the property.
11737	11737	(b) On application under Subsection (a), the court shall
11738	11738	partition the property between the applicant and the decedent's
11739	11739	estate.
11740	11740	(c) The provisions of this title relating to the partition
11741	11741	and distribution of an estate govern a partition under this section
11742	11742	to the extent applicable. (Tex. Prob. Code, Sec. 386.)
11743	11743	[Sections 360.255-360.300 reserved for expansion]
11744	11744	SUBCHAPTER G. ENFORCEMENT
11745	11745	Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE
11746	11746	PROPERTY. (a) If an executor or administrator neglects, when
11747	11747	demanded, to deliver a portion of an estate ordered to be delivered
11748	11748	to a person entitled to that portion, the person may file with the
11749	11749	court clerk a written complaint alleging:
11750	11750	(1) the fact of the neglect;
11751	11751	(2) the date of the person's demand; and
11752	11752	(3) other relevant facts.
11753	11753	(b) On the filing of a complaint under Subsection (a), the
11754	11754	court clerk shall issue a citation to be served personally on the
11755	11755	executor or administrator. The citation must:
11756	11756	(1) apprise the executor or administrator of the
11757	11757	complaint; and
11758	11758	(2) cite the executor or administrator to appear
11759	11759	before the court and answer, if the executor or administrator
11760	11760	desires, at the time designated in the citation.
11761	11761	(c) If at the hearing the court finds that the citation was
11762	11762	properly served and returned and that the executor or administrator
11763	11763	is guilty of the neglect alleged, the court shall enter an order to
11764	11764	that effect.
11765	11765	(d) An executor or administrator found guilty under
11766	11766	Subsection (c) is liable to the complainant for damages at the rate
11767	11767	of 10 percent of the amount or the appraised value of the portion of
11768	11768	the estate neglectfully withheld, per month, for each month or
11769	11769	fraction of a month that the portion is or has been neglectfully
11770	11770	withheld after the date of demand. Damages under this subsection
11771	11771	may be recovered in any court of competent jurisdiction. (Tex.
11772	11772	Prob. Code, Sec. 384.)
11773	11773	CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
11774	11774	REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
11775	11775	SUBCHAPTER A. RESIGNATION OF PERSONAL REPRESENTATIVE
11776	11776	Sec. 361.001. RESIGNATION APPLICATION
11777	11777	Sec. 361.002. IMMEDIATE APPOINTMENT OF SUCCESSOR;
11778	11778	DISCHARGE AND RELEASE
11779	11779	Sec. 361.003. HEARING DATE; CITATION
11780	11780	Sec. 361.004. HEARING
11781	11781	Sec. 361.005. REQUIREMENTS FOR DISCHARGE
11782	11782	[Sections 361.006-361.050 reserved for expansion]
11783	11783	SUBCHAPTER B. REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE
11784	11784	Sec. 361.051. REMOVAL WITHOUT NOTICE
11785	11785	Sec. 361.052. REMOVAL WITH NOTICE
11786	11786	Sec. 361.053. REMOVAL ORDER
11787	11787	Sec. 361.054. REMOVAL AND REINSTATEMENT OF PERSONAL
11788	11788	CIRCUMSTANCES
11789	11789	[Sections 361.055-361.100 reserved for expansion]
11790	11790	SUBCHAPTER C. APPOINTMENT OF SUCCESSOR REPRESENTATIVE
11791	11791	Sec. 361.101. REQUIREMENTS FOR REVOCATION OF LETTERS
11792	11792	Sec. 361.102. APPOINTMENT BECAUSE OF DEATH,
11793	11793	RESIGNATION, OR REMOVAL
11794	11794	Sec. 361.103. APPOINTMENT BECAUSE OF EXISTENCE OF
11795	11795	PRIOR RIGHT
11796	11796	Sec. 361.104. APPOINTMENT WHEN NAMED EXECUTOR BECOMES
11797	11797	AN ADULT
11798	11798	Sec. 361.105. APPOINTMENT OF FORMERLY SICK OR ABSENT
11799	11799	EXECUTOR
11800	11800	Sec. 361.106. APPOINTMENT WHEN WILL DISCOVERED AFTER
11801	11801	GRANT OF ADMINISTRATION
11802	11802	[Sections 361.107-361.150 reserved for expansion]
11803	11803	SUBCHAPTER D. PROCEDURES AFTER DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVE
11804	11804	PERSONAL REPRESENTATIVE
11805	11805	Sec. 361.151. PAYMENT TO ESTATE WHILE OFFICE OF
11806	11806	PERSONAL REPRESENTATIVE IS VACANT
11807	11807	Sec. 361.152. FURTHER ADMINISTRATION WITH OR WITHOUT
11808	11808	NOTICE OR WILL ANNEXED
11809	11809	Sec. 361.153. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
11810	11810	REPRESENTATIVE
11811	11811	Sec. 361.154. SUCCESSOR EXECUTOR ALSO SUCCEEDS TO
11812	11812	PRIOR RIGHTS AND DUTIES
11813	11813	Sec. 361.155. SUCCESSOR REPRESENTATIVE TO RETURN
11814	11814	CLAIMS
11815	11815	CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL
11816	11816	REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
11817	11817	SUBCHAPTER A. RESIGNATION OF PERSONAL REPRESENTATIVE
11818	11818	Sec. 361.001. RESIGNATION APPLICATION. A personal
11819	11819	representative who wishes to resign the representative's trust
11820	11820	shall file a written application with the court clerk, accompanied
11821	11821	by a complete and verified exhibit and final account showing the
11822	11822	true condition of the estate entrusted to the representative's
11823	11823	care. (Tex. Prob. Code, Sec. 221(a).)
11824	11824	Sec. 361.002. IMMEDIATE APPOINTMENT OF SUCCESSOR;
11825	11825	DISCHARGE AND RELEASE. (a) If the necessity exists, the court may
11826	11826	immediately accept the resignation of a personal representative and
11827	11827	appoint a successor representative.
11828	11828	(b) The court may not discharge a person whose resignation
11829	11829	is accepted under Subsection (a), or release the person or the
11830	11830	sureties on the person's bond, until a final order has been issued
11831	11831	or judgment has been rendered on the final account required under
11832	11832	Section 361.001. (Tex. Prob. Code, Sec. 221(b).)
11833	11833	Sec. 361.003. HEARING DATE; CITATION. (a) When an
11834	11834	application to resign as personal representative is filed under
11835	11835	Section 361.001, supported by the exhibit and final account
11836	11836	required under that section, the court clerk shall bring the
11837	11837	application to the judge's attention and the judge shall set a date
11838	11838	for a hearing on the matter.
11839	11839	(b) After a hearing is set under Subsection (a), the clerk
11840	11840	shall issue a citation to all interested persons, showing:
11841	11841	(1) that an application that complies with Section
11842	11842	361.001 has been filed; and
11843	11843	(2) the time and place set for the hearing at which the
11844	11844	interested persons may appear and contest the exhibit and final
11845	11845	account supporting the application.
11846	11846	(c) Unless the court directs that the citation under
11847	11847	Subsection (b) be published, the citation must be posted. (Tex.
11848	11848	Prob. Code, Sec. 221(c).)
11849	11849	Sec. 361.004. HEARING. (a) At the time set for the hearing
11850	11850	under Section 361.003, unless the court continues the hearing, and
11851	11851	if the court finds that the citation required under that section has
11852	11852	been properly issued and served, the court shall:
11853	11853	(1) examine the exhibit and final account required by
11854	11854	Section 361.001;
11855	11855	(2) hear all evidence for and against the exhibit and
11856	11856	final account; and
11857	11857	(3) if necessary, restate and audit and settle the
11858	11858	exhibit and final account.
11859	11859	(b) If the court is satisfied that the matters entrusted to
11860	11860	the personal representative applying to resign have been handled
11861	11861	and accounted for in accordance with the law, the court shall:
11862	11862	(1) enter an order approving the exhibit and final
11863	11863	account; and
11864	11864	(2) require that any estate property remaining in the
11865	11865	applicant's possession be delivered to the persons entitled by law
11866	11866	to receive the property. (Tex. Prob. Code, Sec. 221(d).)
11867	11867	Sec. 361.005. REQUIREMENTS FOR DISCHARGE. (a) A personal
11868	11868	representative applying to resign may not be discharged until:
11869	11869	(1) the resignation application has been heard;
11870	11870	(2) the exhibit and final account required under
11871	11871	Section 361.001 have been examined, settled, and approved; and
11872	11872	(3) the applicant has satisfied the court that the
11873	11873	applicant has:
11874	11874	(A) delivered any estate property remaining in
11875	11875	the applicant's possession; or
11876	11876	(B) complied with all lawful orders of the court
11877	11877	with relation to the applicant's trust as representative.
11878	11878	(b) When a personal representative applying to resign has
11879	11879	fully complied with the orders of the court, the court shall enter
11880	11880	an order:
11881	11881	(1) accepting the resignation; and
11882	11882	(2) discharging the applicant, and, if the applicant
11883	11883	is under bond, the applicant's sureties. (Tex. Prob. Code, Secs.
11884	11884	221(e), (f).)
11885	11885	[Sections 361.006-361.050 reserved for expansion]
11886	11886	SUBCHAPTER B. REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE
11887	11887	Sec. 361.051. REMOVAL WITHOUT NOTICE. The court, on the
11888	11888	court's own motion or on the motion of any interested person, and
11889	11889	without notice, may remove a personal representative appointed
11890	11890	under this title who:
11891	11891	(1) neglects to qualify in the manner and time
11892	11892	required by law;
11893	11893	(2) fails to return, before the 91st day after the date
11894	11894	the representative qualifies, an inventory of the estate property
11895	11895	and a list of claims that have come to the representative's
11896	11896	knowledge, unless that deadline is extended by court order;
11897	11897	(3) if required, fails to give a new bond within the
11898	11898	time prescribed;
11899	11899	(4) is absent from the state for a consecutive period
11900	11900	of three or more months without the court's permission, or moves out
11901	11901	of state;
11902	11902	(5) cannot be served with notices or other processes
11903	11903	because:
11904	11904	(A) the representative's whereabouts are
11905	11905	unknown;
11906	11906	(B) the representative is eluding service; or
11907	11907	(C) the representative is a nonresident of this
11908	11908	state who does not have a resident agent to accept service of
11909	11909	process in any probate proceeding or other action relating to the
11910	11910	estate; or
11911	11911	(6) subject to Section 361.054(a), has misapplied,
11912	11912	embezzled, or removed from the state, or is about to misapply,
11913	11913	embezzle, or remove from the state, all or part of the property
11914	11914	entrusted to the representative's care. (Tex. Prob. Code, Sec.
11915	11915	222(a)(1).)
11916	11916	Sec. 361.052. REMOVAL WITH NOTICE. The court may remove a
11917	11917	personal representative on the court's own motion, or on the
11918	11918	complaint of any interested person, after the representative has
11919	11919	been cited by personal service to answer at a time and place fixed
11920	11920	in the notice, if:
11921	11921	(1) sufficient grounds appear to support a belief that
11922	11922	the representative has misapplied, embezzled, or removed from the
11923	11923	state, or is about to misapply, embezzle, or remove from the state,
11924	11924	all or part of the property entrusted to the representative's care;
11925	11925	(2) the representative fails to return any account
11926	11926	required by law to be made;
11927	11927	(3) the representative fails to obey a proper order of
11928	11928	the court that has jurisdiction with respect to the performance of
11929	11929	the representative's duties;
11930	11930	(4) the representative is proved to have been guilty
11931	11931	of gross misconduct, or mismanagement in the performance of the
11932	11932	representative's duties;
11933	11933	(5) the representative:
11934	11934	(A) becomes incapacitated;
11935	11935	(B) is sentenced to the penitentiary; or
11936	11936	(C) from any other cause, becomes incapable of
11937	11937	properly performing the duties of the representative's trust; or
11938	11938	(6) the representative, as executor or administrator,
11939	11939	fails to:
11940	11940	(A) make a final settlement by the third
11941	11941	anniversary of the date letters testamentary or of administration
11942	11942	are granted, unless that period is extended by the court on a
11943	11943	showing of sufficient cause supported by oath; or
11944	11944	(B) timely file the affidavit or certificate
11945	11945	required by Section 308.004. (Tex. Prob. Code, Sec. 222(b).)
11946	11946	Sec. 361.053. REMOVAL ORDER. An order removing a personal
11947	11947	representative must:
11948	11948	(1) state the cause of the removal;
11949	11949	(2) require that, if the removed representative has
11950	11950	been personally served with citation, any letters testamentary or
11951	11951	of administration issued to the removed representative be
11952	11952	surrendered, and that, regardless of whether the letters have been
11953	11953	delivered, all the letters be canceled of record; and
11954	11954	(3) require the removed representative to deliver any
11955	11955	estate property in the representative's possession to the persons
11956	11956	entitled to the property or to the person who has been appointed and
11957	11957	has qualified as successor representative. (Tex. Prob. Code, Sec.
11958	11958	222(c).)
11959	11959	Sec. 361.054. REMOVAL AND REINSTATEMENT OF PERSONAL
11960	11960	REPRESENTATIVE UNDER CERTAIN CIRCUMSTANCES. (a) The court may
11961	11961	remove a personal representative under Section 361.051(6) only on
11962	11962	the presentation of clear and convincing evidence given under oath.
11963	11963	(b) Not later than the 10th day after the date the court
11964	11964	signs the order of removal, a personal representative who is
11965	11965	removed under Section 361.051(6) may file an application with the
11966	11966	court for a hearing to determine whether the representative should
11967	11967	be reinstated.
11968	11968	(c) On the filing of an application under Subsection (b),
11969	11969	the court clerk shall issue to the applicant and to the successor
11970	11970	representative of the decedent's estate a notice stating:
11971	11971	(1) that an application for reinstatement has been
11972	11972	filed;
11973	11973	(2) the name of the decedent from whose estate the
11974	11974	applicant was removed as personal representative; and
11975	11975	(3) the name of the applicant for reinstatement.
11976	11976	(d) The notice required by Subsection (c) must cite all
11977	11977	persons interested in the estate to appear at the time and place
11978	11978	stated in the notice if the persons wish to contest the application.
11979	11979	(e) If, at the conclusion of a hearing under this section,
11980	11980	the court is satisfied by a preponderance of the evidence that the
11981	11981	personal representative applying for reinstatement did not engage
11982	11982	in the conduct that directly led to the applicant's removal, the
11983	11983	court shall:
11984	11984	(1) set aside any order appointing a successor
11985	11985	representative; and
11986	11986	(2) enter an order reinstating the applicant as
11987	11987	personal representative of the estate.
11988	11988	(f) If the court sets aside the appointment of a successor
11989	11989	representative under this section, the court may require the
11990	11990	successor representative to prepare and file, under oath, an
11991	11991	accounting of the estate and to detail the disposition the
11992	11992	successor has made of the estate property. (Tex. Prob. Code, Secs.
11993	11993	222(a)(2), 222A.)
11994	11994	[Sections 361.055-361.100 reserved for expansion]
11995	11995	SUBCHAPTER C. APPOINTMENT OF SUCCESSOR REPRESENTATIVE
11996	11996	Sec. 361.101. REQUIREMENTS FOR REVOCATION OF LETTERS.
11997	11997	Except as otherwise expressly provided by this title, the court may
11998	11998	revoke letters testamentary or of administration and grant other
11999	11999	letters only:
12000	12000	(1) on application; and
12001	12001	(2) after personal service of citation on the person,
12002	12002	if living, whose letters are sought to be revoked, requiring the
12003	12003	person to appear and show cause why the application should not be
12004	12004	granted. (Tex. Prob. Code, Sec. 220(f).)
12005	12005	Sec. 361.102. APPOINTMENT BECAUSE OF DEATH, RESIGNATION, OR
12006	12006	REMOVAL. (a) If a person appointed as personal representative
12007	12007	fails to qualify or, after qualifying, dies, resigns, or is
12008	12008	removed, the court may, on application, appoint a successor
12009	12009	representative if the appointment of a successor is necessary. The
12010	12010	appointment may be made before a final accounting is filed or before
12011	12011	any action on a final accounting is taken. In the event of death,
12012	12012	the legal representatives of the deceased personal representative
12013	12013	shall account for, pay, and deliver all estate property that was
12014	12014	entrusted to the deceased personal representative's care to the
12015	12015	persons legally entitled to receive the property, at the time and in
12016	12016	the manner ordered by the court.
12017	12017	(b) The court may appoint a successor representative under
12018	12018	this section without citation or notice if the court finds that the
12019	12019	immediate appointment of a successor representative is necessary.
12020	12020	(Tex. Prob. Code, Sec. 220(a).)
12021	12021	Sec. 361.103. APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR
12022	12022	RIGHT. If letters testamentary or of administration have been
12023	12023	granted to a person and another person applies for letters, the
12024	12024	court shall revoke the initial letters and grant letters to the
12025	12025	second applicant if the second applicant:
12026	12026	(1) is qualified;
12027	12027	(2) has a prior right to the letters; and
12028	12028	(3) has not waived the prior right to the letters.
12029	12029	(Tex. Prob. Code, Sec. 220(b).)
12030	12030	Sec. 361.104. APPOINTMENT WHEN NAMED EXECUTOR BECOMES AN
12031	12031	ADULT. (a) A person named as executor in a will who was not an
12032	12032	adult when the will was probated is entitled to have letters
12033	12033	testamentary or of administration that were granted to another
12034	12034	person revoked and appropriate letters granted to the named
12035	12035	executor on proof that the named executor has become an adult and is
12036	12036	not otherwise disqualified.
12037	12037	(b) This subsection applies only if a will names two or more
12038	12038	persons as executor. A person named as an executor in the will who
12039	12039	was a minor when the will was probated may, on becoming an adult,
12040	12040	qualify and receive letters if:
12041	12041	(1) letters have been issued only to the named
12042	12042	executors in the will who were adults when the will was probated;
12043	12043	and
12044	12044	(2) the person is not otherwise disqualified from
12045	12045	receiving letters. (Tex. Prob. Code, Sec. 220(c).)
12046	12046	Sec. 361.105. APPOINTMENT OF FORMERLY SICK OR ABSENT
12047	12047	EXECUTOR. (a) This section applies only to a person named as
12048	12048	executor in a will who was sick or absent from the state when the
12049	12049	testator died or the will was proved and, as a result, could not:
12050	12050	(1) present the will for probate before the 31st day
12051	12051	after the date of the testator's death; or
12052	12052	(2) accept and qualify as executor before the 21st day
12053	12053	after the date the will is probated.
12054	12054	(b) A person to whom this section applies may accept and
12055	12055	qualify as executor before the 61st day after the date the person
12056	12056	returns to the state or recovers from illness if proof is presented
12057	12057	to the court that the person was ill or absent.
12058	12058	(c) If a person accepts and qualifies as executor under
12059	12059	Subsection (b) and letters testamentary or of administration have
12060	12060	been issued to another person, the court shall revoke the other
12061	12061	person's letters. (Tex. Prob. Code, Sec. 220(d).)
12062	12062	Sec. 361.106. APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT
12063	12063	OF ADMINISTRATION. If, after letters of administration have been
12064	12064	issued, it is discovered that the decedent left a lawful will, the
12065	12065	court shall revoke the letters of administration and issue proper
12066	12066	letters to any persons entitled to the letters. (Tex. Prob. Code,
12067	12067	Sec. 220(e).)
12068	12068	[Sections 361.107-361.150 reserved for expansion]
12069	12069	SUBCHAPTER D. PROCEDURES AFTER DEATH, RESIGNATION, OR REMOVAL OF
12070	12070	PERSONAL REPRESENTATIVE
12071	12071	Sec. 361.151. PAYMENT TO ESTATE WHILE OFFICE OF PERSONAL
12072	12072	REPRESENTATIVE IS VACANT. (a) A debtor, obligor, or payor may pay
12073	12073	or tender money or another thing of value falling due to an estate
12074	12074	while the office of personal representative of the estate is vacant
12075	12075	to the court clerk for the credit of the estate.
12076	12076	(b) Payment or tender under Subsection (a) discharges the
12077	12077	debtor, obligor, or payor of the obligation for all purposes to the
12078	12078	extent and purpose of the payment or tender.
12079	12079	(c) If the court clerk accepts payment or tender under this
12080	12080	section, the court clerk shall issue a receipt for the payment or
12081	12081	tender. (Tex. Prob. Code, Sec. 220(g).)
12082	12082	Sec. 361.152. FURTHER ADMINISTRATION WITH OR WITHOUT NOTICE
12083	12083	OR WILL ANNEXED. (a) If an estate is unrepresented as a result of
12084	12084	the death, removal, or resignation of the estate's personal
12085	12085	representative, and on application by a qualified person interested
12086	12086	in the estate, the court shall grant further administration of the
12087	12087	estate if necessary, and with the will annexed if there is a will.
12088	12088	(b) An appointment under Subsection (a) shall be made on
12089	12089	notice and after a hearing, as in the case of an original
12090	12090	appointment, except that, if the court finds that the immediate
12091	12091	appointment of a successor representative is necessary, the court
12092	12092	may appoint the successor on application but without citation or
12093	12093	notice. (Tex. Prob. Code, Sec. 223.)
12094	12094	Sec. 361.153. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
12095	12095	REPRESENTATIVE. (a) If a personal representative of an estate not
12096	12096	administered succeeds another personal representative, the
12097	12097	successor representative has all rights, powers, and duties of the
12098	12098	predecessor, other than those rights and powers conferred on the
12099	12099	predecessor by will that are different from those conferred by this
12100	12100	title on personal representatives generally. Subject to that
12101	12101	exception, the successor representative shall administer the
12102	12102	estate as if the successor's administration were a continuation of
12103	12103	the former administration.
12104	12104	(b) A successor representative shall account for all the
12105	12105	estate property that came into the predecessor's possession, and is
12106	12106	entitled to any order or remedy that the court has the power to give
12107	12107	to enforce the delivery of the estate property and the liability of
12108	12108	the predecessor's sureties for any portion of the estate property
12109	12109	that is not delivered. The successor is not required to account for
12110	12110	any portion of the estate property that the successor failed to
12111	12111	recover after due diligence.
12112	12112	(c) In addition to the powers granted under Subsections (a)
12113	12113	and (b), a successor representative may:
12114	12114	(1) make himself or herself, and may be made, a party
12115	12115	to a suit prosecuted by or against the successor's predecessors;
12116	12116	(2) settle with the predecessor, and receive and give
12117	12117	a receipt for any portion of the estate property that remains in the
12118	12118	predecessor's possession; or
12119	12119	(3) commence a suit on the bond or bonds of the
12120	12120	predecessor, in the successor's own name and capacity, for all the
12121	12121	estate property that:
12122	12122	(A) came into the predecessor's possession; and
12123	12123	(B) has not been accounted for by the
12124	12124	predecessor. (Tex. Prob. Code, Secs. 224, 225.)
12125	12125	Sec. 361.154. SUCCESSOR EXECUTOR ALSO SUCCEEDS TO PRIOR
12126	12126	RIGHTS AND DUTIES. An executor who accepts appointment and
12127	12127	qualifies after letters of administration have been granted on the
12128	12128	estate shall, in the manner prescribed by Section 361.153, succeed
12129	12129	to the previous administrator, and shall administer the estate as
12130	12130	if the executor's administration were a continuation of the former
12131	12131	administration, subject to any legal directions of the testator
12132	12132	with respect to the estate that are contained in the will. (Tex.
12133	12133	Prob. Code, Sec. 226.)
12134	12134	Sec. 361.155. SUCCESSOR REPRESENTATIVE TO RETURN
12135	12135	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) An appointee who
12136	12136	has qualified to succeed a former personal representative shall
12137	12137	make and return to the court an inventory, appraisement, and list of
12138	12138	claims of the estate before the 91st day after the date the personal
12139	12139	representative qualifies, in the manner required of an original
12140	12140	appointee, and shall also return additional inventories,
12141	12141	appraisements, and lists of claims in the manner required of an
12142	12142	original appointee.
12143	12143	(b) On the application of any person interested in the
12144	12144	estate, the court shall, in an order appointing a successor
12145	12145	representative of an estate, appoint appraisers as in an original
12146	12146	appointment. (Tex. Prob. Code, Sec. 227.)
12147	12147	CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
12148	12148	SUBCHAPTER A. SETTLING AND CLOSING ESTATE
12149	12149	Sec. 362.001. SETTLING AND CLOSING ADMINISTRATION OF
12150	12150	ESTATE
12151	12151	Sec. 362.002. COMPELLING SETTLEMENT OF ESTATE
12152	12152	Sec. 362.003. VERIFIED ACCOUNT REQUIRED
12153	12153	Sec. 362.004. CONTENTS OF ACCOUNT
12154	12154	Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF
12155	12155	ACCOUNT
12156	12156	Sec. 362.006. EXAMINATION OF AND HEARING ON ACCOUNT
12157	12157	Sec. 362.007. DELIVERY OF CERTAIN PROPERTY TO GUARDIAN
12158	12158	Sec. 362.008. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
12159	12159	COMPUTATION
12160	12160	Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL
12161	12161	DISCHARGE
12162	12162	Sec. 362.010. PAYMENT OF INHERITANCE TAXES REQUIRED
12163	12163	Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE
12164	12164	Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE
12165	12165	WHEN NO ESTATE PROPERTY REMAINS
12166	12166	Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE
12167	12167	WHEN ESTATE FULLY ADMINISTERED
12168	12168	[Sections 362.014-362.050 reserved for expansion]
12169	12169	SUBCHAPTER B. FAILURE OF PERSONAL REPRESENTATIVE TO ACT
12170	12170	Sec. 362.051. FAILURE TO PRESENT ACCOUNT
12171	12171	Sec. 362.052. LIABILITY FOR FAILURE TO DELIVER ESTATE
12172	12172	PROPERTY
12173	12173	CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
12174	12174	SUBCHAPTER A. SETTLING AND CLOSING ESTATE
12175	12175	Sec. 362.001. SETTLING AND CLOSING ADMINISTRATION OF
12176	12176	ESTATE. The administration of an estate shall be settled and closed
12177	12177	when:
12178	12178	(1) all the debts known to exist against the estate
12179	12179	have been paid, or have been paid to the extent permitted by the
12180	12180	assets in the personal representative's possession; and
12181	12181	(2) no further need for administration exists. (Tex.
12182	12182	Prob. Code, Sec. 404.)
12183	12183	Sec. 362.002. COMPELLING SETTLEMENT OF ESTATE. A person
12184	12184	interested in the administration of an estate for which letters
12185	12185	testamentary or of administration have been granted may proceed,
12186	12186	after any period of time, to compel settlement of the estate if it
12187	12187	does not appear from the record that the administration of the
12188	12188	estate has been closed. (Tex. Prob. Code, Sec. 92.)
12189	12189	Sec. 362.003. VERIFIED ACCOUNT REQUIRED. The personal
12190	12190	representative of an estate shall present to the court the
12191	12191	representative's verified account for final settlement when the
12192	12192	administration of the estate is to be settled and closed. (Tex.
12193	12193	Prob. Code, Sec. 405 (part).)
12194	12194	Sec. 362.004. CONTENTS OF ACCOUNT. (a) Except as provided
12195	12195	by Subsection (b), it is sufficient for an account for final
12196	12196	settlement to:
12197	12197	(1) refer to the inventory without describing each
12198	12198	item of property in detail; and
12199	12199	(2) refer to and adopt any proceeding had in the
12200	12200	administration concerning a sale, renting, leasing for mineral
12201	12201	development, or any other transaction on behalf of the estate,
12202	12202	including an exhibit, account, or voucher previously filed and
12203	12203	approved, without restating the particular items thereof.
12204	12204	(b) An account for final settlement must be accompanied by
12205	12205	proper vouchers supporting each item included in the account for
12206	12206	which the personal representative has not already accounted and,
12207	12207	either by reference to any proceeding described by Subsection (a)
12208	12208	or by a statement of the facts, must show:
12209	12209	(1) the estate property that has come into the
12210	12210	representative's possession and the disposition of that property;
12211	12211	(2) the debts that have been paid;
12212	12212	(3) any debts and expenses still owing by the estate;
12213	12213	(4) any estate property still in the representative's
12214	12214	possession;
12215	12215	(5) the persons entitled to receive that estate and,
12216	12216	for each of those persons:
12217	12217	(A) the person's relationship to the decedent;
12218	12218	(B) the person's residence, if known; and
12219	12219	(C) whether the person is an adult or a minor and,
12220	12220	if the person is a minor, the name of each of the minor's guardians,
12221	12221	if any;
12222	12222	(6) any advancement or payment made by the
12223	12223	representative from that estate to any person entitled to receive
12224	12224	part of that estate;
12225	12225	(7) the tax returns due that have been filed and the
12226	12226	taxes due and owing that have been paid, including:
12227	12227	(A) a complete account of the amount of taxes;
12228	12228	(B) the date the taxes were paid; and
12229	12229	(C) the governmental entity to which the taxes
12230	12230	were paid;
12231	12231	(8) if on the filing of the account a tax return due to
12232	12232	be filed or any taxes due to be paid are delinquent, the reasons
12233	12233	for, and include a description of, the delinquency; and
12234	12234	(9) that the representative has paid all required bond
12235	12235	premiums. (Tex. Prob. Code, Sec. 405 (part).)
12236	12236	Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF
12237	12237	ACCOUNT. (a) On the presentation of an account for final
12238	12238	settlement by a temporary or permanent personal representative, the
12239	12239	county clerk shall issue citation to the persons and in the manner
12240	12240	provided by Subsections (c) and (d).
12241	12241	(b) Citation issued under Subsection (a) must contain:
12242	12242	(1) a statement that an account for final settlement
12243	12243	has been presented;
12244	12244	(2) the time and place the court will consider the
12245	12245	account; and
12246	12246	(3) a statement requiring the person cited to appear
12247	12247	and contest the account, if the person wishes to contest the
12248	12248	account.
12249	12249	(c) The personal representative shall give notice to each
12250	12250	heir or beneficiary of the decedent by certified mail, return
12251	12251	receipt requested, unless the court by written order directs
12252	12252	another type of notice to be given. The notice must include a copy
12253	12253	of the account for final settlement.
12254	12254	(d) The court by written order shall require additional
12255	12255	notice if the court considers the additional notice necessary.
12256	12256	(e) The court may allow the waiver of notice of an account
12257	12257	for final settlement in a proceeding concerning a decedent's
12258	12258	estate. (Tex. Prob. Code, Sec. 407.)
12259	12259	Sec. 362.006. EXAMINATION OF AND HEARING ON ACCOUNT. (a)
12260	12260	On the court's satisfaction that citation has been properly served
12261	12261	on all persons interested in the estate, the court shall examine the
12262	12262	account for final settlement and the accompanying vouchers.
12263	12263	(b) After hearing all exceptions or objections to the
12264	12264	account for final settlement and accompanying vouchers and the
12265	12265	evidence in support of or against the account, the court shall audit
12266	12266	and settle the account and, if necessary, restate the account.
12267	12267	(Tex. Prob. Code, Sec. 408(a).)
12268	12268	Sec. 362.007. DELIVERY OF CERTAIN PROPERTY TO GUARDIAN.
12269	12269	The court may permit a resident personal representative who has
12270	12270	possession of any of a ward's estate to deliver the estate to a
12271	12271	qualified and acting guardian of the ward. (Tex. Prob. Code, Sec.
12272	12272	405A.)
12273	12273	Sec. 362.008. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
12274	12274	COMPUTATION. In the settlement of any of the accounts of the
12275	12275	personal representative, all debts due the estate that the court is
12276	12276	satisfied could not have been collected by due diligence and that
12277	12277	have not been collected shall be excluded from the computation.
12278	12278	(Tex. Prob. Code, Sec. 412.)
12279	12279	Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL DISCHARGE.
12280	12280	Money or another thing of value that becomes due to the estate while
12281	12281	an account for final settlement is pending may be paid, delivered,
12282	12282	or tendered to the personal representative until the order of final
12283	12283	discharge of the representative is entered in the minutes of the
12284	12284	court. The representative shall issue a receipt for the money or
12285	12285	other thing of value to the obligor or payor. On issuance of the
12286	12286	receipt, the obligor or payor is discharged of the obligation for
12287	12287	all purposes. (Tex. Prob. Code, Sec. 409.)
12288	12288	Sec. 362.010. PAYMENT OF INHERITANCE TAXES REQUIRED. A
12289	12289	personal representative's account for final settlement of an estate
12290	12290	may not be approved, and the estate may not be closed, unless the
12291	12291	account shows and the court finds that all inheritance taxes due and
12292	12292	owing to this state with respect to all interests and properties
12293	12293	passing through the representative's possession have been paid.
12294	12294	(Tex. Prob. Code, Sec. 410.)
12295	12295	Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE. If, on
12296	12296	final settlement of an estate, any of the estate remains in the
12297	12297	personal representative's possession, the court shall order that a
12298	12298	partition and distribution be made among the persons entitled to
12299	12299	receive that part of the estate. (Tex. Prob. Code, Sec. 408(b).)
12300	12300	Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE WHEN NO
12301	12301	ESTATE PROPERTY REMAINS. The court shall enter an order discharging
12302	12302	a personal representative from the representative's trust and
12303	12303	closing the estate if, on final settlement of the estate, none of
12304	12304	the estate remains in the representative's possession. (Tex. Prob.
12305	12305	Code, Sec. 408(c).)
12306	12306	Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE WHEN
12307	12307	ESTATE FULLY ADMINISTERED. The court shall enter an order
12308	12308	discharging a personal representative from the representative's
12309	12309	trust and declaring the estate closed when:
12310	12310	(1) the representative has fully administered the
12311	12311	estate in accordance with this title and the court's orders;
12312	12312	(2) the representative's account for final settlement
12313	12313	has been approved; and
12314	12314	(3) the representative has delivered all of the estate
12315	12315	remaining in the representative's possession to the person or
12316	12316	persons entitled to receive that part of the estate. (Tex. Prob.
12317	12317	Code, Sec. 408(d).)
12318	12318	[Sections 362.014-362.050 reserved for expansion]
12319	12319	SUBCHAPTER B. FAILURE OF PERSONAL REPRESENTATIVE TO ACT
12320	12320	Sec. 362.051. FAILURE TO PRESENT ACCOUNT. (a) The court, on
12321	12321	the court's own motion or on the written complaint of anyone
12322	12322	interested in a decedent's estate that has been administered, shall
12323	12323	have the personal representative who is charged with the duty of
12324	12324	presenting an account for final settlement cited to appear and
12325	12325	present the account within the time specified in the citation if the
12326	12326	representative failed or neglected to present the account at the
12327	12327	proper time.
12328	12328	(b) On or after the fourth anniversary of the date the court
12329	12329	clerk last issues letters testamentary or of administration for a
12330	12330	decedent's estate, the court may close the estate without an
12331	12331	account for final settlement and without appointing a successor
12332	12332	personal representative if:
12333	12333	(1) the whereabouts of the personal representative and
12334	12334	heirs of the decedent are unknown; and
12335	12335	(2) a complaint has not been filed by anyone
12336	12336	interested in the decedent's estate. (Tex. Prob. Code, Sec. 406.)
12337	12337	Sec. 362.052. LIABILITY FOR FAILURE TO DELIVER ESTATE
12338	12338	PROPERTY. (a) On the final settlement of an estate, if the
12339	12339	personal representative neglects on demand to deliver a portion of
12340	12340	the estate or any money in the representative's possession ordered
12341	12341	to be delivered to a person entitled to that property, the person
12342	12342	may file with the court clerk a written complaint alleging:
12343	12343	(1) the fact of the neglect;
12344	12344	(2) the date of the person's demand; and
12345	12345	(3) other relevant facts.
12346	12346	(b) On the filing of a complaint under Subsection (a), the
12347	12347	court clerk shall issue a citation to be served personally on the
12348	12348	personal representative. The citation must:
12349	12349	(1) apprise the representative of the complaint; and
12350	12350	(2) cite the representative to appear before the court
12351	12351	and answer, if the representative desires, at a time designated in
12352	12352	the citation.
12353	12353	(c) If at the hearing the court finds that the citation was
12354	12354	properly served and returned, and that the personal representative
12355	12355	is guilty of the neglect charged, the court shall enter an order to
12356	12356	that effect.
12357	12357	(d) A personal representative found guilty under Subsection
12358	12358	(c) is liable to the person who filed the complaint under Subsection
12359	12359	(a) for damages at the rate of 10 percent of the amount of the money
12360	12360	or the appraised value of the portion of the estate neglectfully
12361	12361	withheld, per month, for each month or fraction of a month that the
12362	12362	money or portion of the estate is or has been neglectfully withheld
12363	12363	after the date of demand. Damages under this subsection may be
12364	12364	recovered in any court of competent jurisdiction. (Tex. Prob.
12365	12365	Code, Sec. 414.)
12366	12366	[Chapters 363-400 reserved for expansion]
12367	12367	SUBTITLE I. INDEPENDENT ADMINISTRATION
12368	12368	[Chapters 401-450 reserved for expansion]
12369	12369	SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF
12370	12370	CERTAIN ESTATES
12371	12371	CHAPTER 451. ORDER OF NO ADMINISTRATION
12372	12372	Sec. 451.001. APPLICATION FOR FAMILY ALLOWANCE AND
12373	12373	ORDER OF NO ADMINISTRATION
12374	12374	Sec. 451.002. HEARING AND ORDER
12375	12375	Sec. 451.003. EFFECT OF ORDER
12376	12376	Sec. 451.004. PROCEEDING TO REVOKE ORDER
12377	12377	CHAPTER 451. ORDER OF NO ADMINISTRATION
12378	12378	Sec. 451.001. APPLICATION FOR FAMILY ALLOWANCE AND ORDER OF
12379	12379	NO ADMINISTRATION. (a) If the value of the entire assets of an
12380	12380	estate, excluding homestead and exempt property, does not exceed
12381	12381	the amount to which the surviving spouse and minor children of the
12382	12382	decedent are entitled as a family allowance, an application may be
12383	12383	filed by or on behalf of the surviving spouse or minor children
12384	12384	requesting a court to make a family allowance and to enter an order
12385	12385	that no administration of the decedent's estate is necessary.
12386	12386	(b) The application may be filed:
12387	12387	(1) in any court in which venue is proper for
12388	12388	administration; or
12389	12389	(2) if an application for the appointment of a
12390	12390	personal representative has been filed but not yet granted, in the
12391	12391	court in which the application is filed.
12392	12392	(c) The application must:
12393	12393	(1) state the names of the heirs or devisees;
12394	12394	(2) list, to the extent known, estate creditors
12395	12395	together with the amounts of the claims; and
12396	12396	(3) describe all property belonging to the estate,
12397	12397	together with:
12398	12398	(A) the estimated value of the property according
12399	12399	to the best knowledge and information of the applicant; and
12400	12400	(B) the liens and encumbrances on the property.
12401	12401	(d) The application must also include a prayer that the
12402	12402	court make a family allowance and that, if the family allowance
12403	12403	exhausts the entire assets of the estate, excluding homestead and
12404	12404	exempt property, the entire assets of the estate be set aside to the
12405	12405	surviving spouse and minor children, as with other family
12406	12406	allowances provided for by Subchapter C, Chapter 353. (Tex. Prob.
12407	12407	Code, Sec. 139.)
12408	12408	Sec. 451.002. HEARING AND ORDER. (a) On the filing of an
12409	12409	application under Section 451.001, the court may hear the
12410	12410	application:
12411	12411	(1) promptly without notice; or
12412	12412	(2) at a time and with notice as required by the court.
12413	12413	(b) On the hearing of the application, if the court finds
12414	12414	that the facts contained in the application are true and that the
12415	12415	expenses of last illness, funeral charges, and expenses of the
12416	12416	proceeding have been paid or secured, the court shall:
12417	12417	(1) make a family allowance; and
12418	12418	(2) if the entire assets of the estate, excluding
12419	12419	homestead and exempt property, are exhausted by the family
12420	12420	allowance made under Subdivision (1):
12421	12421	(A) assign to the surviving spouse and minor
12422	12422	children the entire estate in the same manner and with the same
12423	12423	effect as provided in Subchapter C, Chapter 353, for the making of a
12424	12424	family allowance to the surviving spouse and minor children; and
12425	12425	(B) order that there shall be no administration
12426	12426	of the estate. (Tex. Prob. Code, Sec. 140.)
12427	12427	Sec. 451.003. EFFECT OF ORDER. (a) An order of no
12428	12428	administration issued under Section 451.002(b) constitutes
12429	12429	sufficient legal authority to each person who owes money, has
12430	12430	custody of property, or acts as registrar or transfer agent of any
12431	12431	evidence of interest, indebtedness, property, or right, belonging
12432	12432	to the estate, and to each person purchasing from or otherwise
12433	12433	dealing with the estate, for payment or transfer without
12434	12434	administration to the persons described in the order as entitled to
12435	12435	receive the estate.
12436	12436	(b) The persons described in the order are entitled to
12437	12437	enforce by suit their right to payment or transfer described by this
12438	12438	section. (Tex. Prob. Code, Sec. 141.)
12439	12439	Sec. 451.004. PROCEEDING TO REVOKE ORDER. (a) At any time,
12440	12440	but not later than the first anniversary of the date of entry of an
12441	12441	order of no administration under Section 451.002(b), any interested
12442	12442	person may file an application to revoke the order.
12443	12443	(b) An application to revoke the order must allege that:
12444	12444	(1) other estate property has been discovered,
12445	12445	property belonging to the estate was not included in the
12446	12446	application for no administration, or the property described in the
12447	12447	application for no administration was incorrectly valued; and
12448	12448	(2) if that property were added, included, or
12449	12449	correctly valued, as applicable, the total value of the property
12450	12450	would exceed the amount necessary to justify the court in ordering
12451	12451	no administration.
12452	12452	(c) The court shall revoke the order on proof of any of the
12453	12453	grounds described by Subsection (b).
12454	12454	(d) If the value of any property is contested, the court may
12455	12455	appoint two appraisers to appraise the property in accordance with
12456	12456	the procedure prescribed for inventories and appraisements under
12457	12457	Chapter 309. The appraisement of the appointed appraisers shall be
12458	12458	received in evidence but is not conclusive. (Tex. Prob. Code, Sec.
12459	12459	142.)
12460	12460	CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
12461	12461	SUBCHAPTER A. APPOINTMENT OF TEMPORARY ADMINISTRATOR GENERALLY
12462	12462	Sec. 452.001. DUTY TO APPOINT TEMPORARY ADMINISTRATOR
12463	12463	Sec. 452.002. APPLICATION FOR APPOINTMENT
12464	12464	Sec. 452.003. ORDER OF APPOINTMENT; REQUIREMENTS
12465	12465	Sec. 452.004. TEMPORARY ADMINISTRATOR'S BOND
12466	12466	Sec. 452.005. ISSUANCE OF LETTERS OF TEMPORARY
12467	12467	ADMINISTRATION
12468	12468	Sec. 452.006. NOTICE OF APPOINTMENT
12469	12469	Sec. 452.007. HEARING TO CONTEST APPOINTMENT
12470	12470	Sec. 452.008. PERMANENT APPOINTMENT
12471	12471	[Sections 452.009-452.050 reserved for expansion]
12472	12472	SUBCHAPTER B. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR ADMINISTRATION
12473	12473	OR ADMINISTRATION
12474	12474	Sec. 452.051. APPOINTMENT OF TEMPORARY ADMINISTRATOR
12475	12475	Sec. 452.052. ADDITIONAL POWERS REGARDING CLAIMS
12476	12476	[Sections 452.053-452.100 reserved for expansion]
12477	12477	SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY ADMINISTRATOR
12478	12478	Sec. 452.101. LIMITED POWERS OF TEMPORARY
12479	12479	ADMINISTRATOR
12480	12480	Sec. 452.102. ADDITIONAL BOND FOR EXTENSION OF RIGHTS
12481	12481	AND POWERS
12482	12482	[Sections 452.103-452.150 reserved for expansion]
12483	12483	SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY ADMINISTRATION
12484	12484	Sec. 452.151. ACCOUNTING
12485	12485	Sec. 452.152. CLOSING TEMPORARY ADMINISTRATION
12486	12486	CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
12487	12487	SUBCHAPTER A. APPOINTMENT OF TEMPORARY ADMINISTRATOR GENERALLY
12488	12488	Sec. 452.001. DUTY TO APPOINT TEMPORARY ADMINISTRATOR. A
12489	12489	judge who determines that the interest of a decedent's estate
12490	12490	requires the immediate appointment of a personal representative
12491	12491	shall, by written order, appoint a temporary administrator with
12492	12492	powers limited as the circumstances of the case require. (Tex.
12493	12493	Prob. Code, Sec. 131A(a) (part).)
12494	12494	Sec. 452.002. APPLICATION FOR APPOINTMENT. (a) A person
12495	12495	may file with the court clerk a written application for the
12496	12496	appointment of a temporary administrator of a decedent's estate
12497	12497	under this subchapter.
12498	12498	(b) The application must:
12499	12499	(1) be verified;
12500	12500	(2) include the information required by:
12501	12501	(A) Sections 256.052, 256.053, and 256.054, if
12502	12502	the decedent died testate; or
12503	12503	(B) Section 301.052, if the decedent died
12504	12504	intestate; and
12505	12505	(3) include an affidavit that:
12506	12506	(A) states the name, address, and interest of the
12507	12507	applicant;
12508	12508	(B) states the facts showing an immediate
12509	12509	necessity for the appointment of a temporary administrator;
12510	12510	(C) lists the requested powers and duties of the
12511	12511	temporary administrator;
12512	12512	(D) states that the applicant is entitled to
12513	12513	letters of temporary administration and is not disqualified by law
12514	12514	from serving as a temporary administrator; and
12515	12515	(E) describes the property that the applicant
12516	12516	believes to be in the decedent's estate. (Tex. Prob. Code, Sec.
12517	12517	131A(b).)
12518	12518	Sec. 452.003. ORDER OF APPOINTMENT; REQUIREMENTS. The
12519	12519	order appointing a temporary administrator must:
12520	12520	(1) designate the appointee as "temporary
12521	12521	administrator" of the decedent's estate;
12522	12522	(2) specify the period of the appointment, which may
12523	12523	not exceed 180 days unless the appointment is made permanent under
12524	12524	Section 452.008;
12525	12525	(3) define the powers given to the appointee; and
12526	12526	(4) set the amount of bond to be given by the
12527	12527	appointee. (Tex. Prob. Code, Secs. 131A(a) (part), (c).)
12528	12528	Sec. 452.004. TEMPORARY ADMINISTRATOR'S BOND. (a) In this
12529	12529	section, "business day" means a day other than a Saturday, Sunday,
12530	12530	or holiday recognized by this state.
12531	12531	(b) Not later than the third business day after the date of
12532	12532	the order appointing a temporary administrator, the appointee shall
12533	12533	file with the county clerk a bond in the amount ordered by the
12534	12534	court. (Tex. Prob. Code, Sec. 131A(d).)
12535	12535	Sec. 452.005. ISSUANCE OF LETTERS OF TEMPORARY
12536	12536	ADMINISTRATION. Not later than the third day after the date an
12537	12537	appointee qualifies as temporary administrator, the county clerk
12538	12538	shall issue to the appointee letters of temporary administration
12539	12539	that list the powers to be exercised by the appointee as ordered by
12540	12540	the court. (Tex. Prob. Code, Sec. 131A(e).)
12541	12541	Sec. 452.006. NOTICE OF APPOINTMENT. (a) On the date the
12542	12542	county clerk issues letters of temporary administration:
12543	12543	(1) the county clerk shall post on the courthouse door
12544	12544	a notice of the appointment to all interested persons; and
12545	12545	(2) the appointee shall notify, by certified mail,
12546	12546	return receipt requested, the decedent's known heirs of the
12547	12547	appointment.
12548	12548	(b) A notice required under Subsection (a) must state that:
12549	12549	(1) an heir or other interested person may request a
12550	12550	hearing to contest the appointment not later than the 15th day after
12551	12551	the date the letters of temporary administration are issued;
12552	12552	(2) if no contest is made during the period specified
12553	12553	by the notice, the appointment continues for the period specified
12554	12554	in the order appointing a temporary administrator; and
12555	12555	(3) the court may make the appointment permanent.
12556	12556	(Tex. Prob. Code, Secs. 131A(f), (g), (h).)
12557	12557	Sec. 452.007. HEARING TO CONTEST APPOINTMENT. (a) A
12558	12558	hearing shall be held and a determination made not later than the
12559	12559	10th day after the date an heir or other interested person requests
12560	12560	a hearing to contest the appointment of a temporary administrator.
12561	12561	If a request is not made on or before the 15th day after the date the
12562	12562	letters of temporary administration are issued, the appointment of
12563	12563	a temporary administrator continues for the period specified in the
12564	12564	order, unless the appointment is made permanent under Section
12565	12565	452.008.
12566	12566	(b) While a contest of the appointment of a temporary
12567	12567	administrator is pending, the temporary appointee shall continue to
12568	12568	act as administrator of the estate to the extent of the powers given
12569	12569	by the appointment.
12570	12570	(c) A court that sets aside a temporary administrator's
12571	12571	appointment may require the temporary administrator to prepare and
12572	12572	file, under oath, a complete exhibit of the condition of the estate
12573	12573	and detail any disposition of the estate property made by the
12574	12574	temporary administrator. (Tex. Prob. Code, Sec. 131A(i).)
12575	12575	Sec. 452.008. PERMANENT APPOINTMENT. At the end of a
12576	12576	temporary administrator's period of appointment, the court by
12577	12577	written order may make the appointment permanent if the permanent
12578	12578	appointment is in the interest of the estate. (Tex. Prob. Code,
12579	12579	Sec. 131A(j).)
12580	12580	[Sections 452.009-452.050 reserved for expansion]
12581	12581	SUBCHAPTER B. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL
12582	12582	OR ADMINISTRATION
12583	12583	Sec. 452.051. APPOINTMENT OF TEMPORARY ADMINISTRATOR. (a)
12584	12584	If a contest related to probating a will or granting letters of
12585	12585	administration is pending, the court may appoint a temporary
12586	12586	administrator, with powers limited as the circumstances of the case
12587	12587	require.
12588	12588	(b) The appointment may continue until the contest is
12589	12589	terminated and an executor or administrator with full powers is
12590	12590	appointed.
12591	12591	(c) The power of appointment under this section is in
12592	12592	addition to the court's power of appointment under Subchapter A.
12593	12593	(Tex. Prob. Code, Sec. 132(a).)
12594	12594	Sec. 452.052. ADDITIONAL POWERS REGARDING CLAIMS. (a) A
12595	12595	court that grants temporary administration pending a will contest
12596	12596	or a contest on an application for letters of administration may, at
12597	12597	any time while the contest is pending, give the temporary
12598	12598	administrator all the powers of a permanent administrator regarding
12599	12599	claims against the estate.
12600	12600	(b) If the court gives the temporary administrator powers
12601	12601	described by Subsection (a), the court and the temporary
12602	12602	administrator shall act in the same manner as in permanent
12603	12603	administration in matters such as:
12604	12604	(1) approving or disapproving claims;
12605	12605	(2) paying claims; and
12606	12606	(3) selling property to pay claims.
12607	12607	(c) The court shall require a temporary administrator given
12608	12608	powers described by Subsection (a) to give bond in the full amount
12609	12609	required of a permanent administrator.
12610	12610	(d) This section is cumulative and does not affect the
12611	12611	court's right to order a temporary administrator to perform any
12612	12612	action described by this section in other cases if the action is
12613	12613	necessary or expedient to preserve the estate pending the contest's
12614	12614	final determination. (Tex. Prob. Code, Sec. 132(b).)
12615	12615	[Sections 452.053-452.100 reserved for expansion]
12616	12616	SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY ADMINISTRATOR
12617	12617	Sec. 452.101. LIMITED POWERS OF TEMPORARY ADMINISTRATOR.
12618	12618	(a) A temporary administrator may exercise only the rights and
12619	12619	powers:
12620	12620	(1) specifically expressed in the court's order
12621	12621	appointing the temporary administrator; or
12622	12622	(2) expressed in the court's subsequent orders.
12623	12623	(b) An act performed by a temporary administrator is void
12624	12624	unless expressly authorized by the court's orders. (Tex. Prob.
12625	12625	Code, Sec. 133 (part).)
12626	12626	Sec. 452.102. ADDITIONAL BOND FOR EXTENSION OF RIGHTS AND
12627	12627	POWERS. A court that extends the rights and powers of a temporary
12628	12628	administrator in an order subsequent to the order appointing the
12629	12629	temporary administrator may require additional bond commensurate
12630	12630	with the extension. (Tex. Prob. Code, Sec. 133 (part).)
12631	12631	[Sections 452.103-452.150 reserved for expansion]
12632	12632	SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY ADMINISTRATION
12633	12633	Sec. 452.151. ACCOUNTING. At the expiration of a temporary
12634	12634	appointment, the temporary administrator shall file with the court
12635	12635	clerk:
12636	12636	(1) a sworn list of all estate property that has come
12637	12637	into the temporary administrator's possession;
12638	12638	(2) a return of all sales made by the temporary
12639	12639	administrator; and
12640	12640	(3) a full exhibit and account of all the temporary
12641	12641	administrator's acts as temporary administrator. (Tex. Prob. Code,
12642	12642	Sec. 134.)
12643	12643	Sec. 452.152. CLOSING TEMPORARY ADMINISTRATION. (a) The
12644	12644	court shall act on the list, return, exhibit, and account filed
12645	12645	under Section 452.151.
12646	12646	(b) When letters of temporary administration expire or
12647	12647	become ineffective for any cause, the court immediately shall enter
12648	12648	an order requiring the temporary administrator to promptly deliver
12649	12649	the estate remaining in the temporary administrator's possession to
12650	12650	the person legally entitled to possession of the estate.
12651	12651	(c) On proof of delivery under Subsection (b), the temporary
12652	12652	administrator shall be discharged and the sureties on the temporary
12653	12653	administrator's bond shall be released as to any future liability.
12654	12654	(Tex. Prob. Code, Sec. 135.)
12655	12655	CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
12656	12656	Sec. 453.001. EFFECT OF CHAPTER
12657	12657	Sec. 453.002. ADMINISTRATION OF COMMUNITY PROPERTY NOT
12658	12658	NECESSARY
12659	12659	Sec. 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO
12660	12660	ADMINISTRATION IS PENDING
12661	12661	Sec. 453.004. COLLECTION OF UNPAID WAGES IF NO
12662	12662	ADMINISTRATION IS PENDING
12663	12663	Sec. 453.005. REMARRIAGE OF SURVIVING SPOUSE
12664	12664	Sec. 453.006. ACCOUNT OF COMMUNITY DEBTS AND
12665	12665	DISPOSITION OF COMMUNITY PROPERTY
12666	12666	Sec. 453.007. DELIVERY OF COMMUNITY ESTATE ON FINAL
12667	12667	PARTITION
12668	12668	Sec. 453.008. LIABILITY OF SURVIVING SPOUSE FOR LOSS
12669	12669	Sec. 453.009. DISTRIBUTION OF POWERS BETWEEN PERSONAL
12670	12670	REPRESENTATIVE AND SURVIVING SPOUSE
12671	12671	CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
12672	12672	Sec. 453.001. EFFECT OF CHAPTER. This chapter does not
12673	12673	prohibit the administration of community property under other
12674	12674	provisions of this title relating to the administration of an
12675	12675	estate. (Tex. Prob. Code, Sec. 155 (part).)
12676	12676	Sec. 453.002. ADMINISTRATION OF COMMUNITY PROPERTY NOT
12677	12677	NECESSARY. If a spouse dies intestate and the community property
12678	12678	passes to the surviving spouse, no administration of the community
12679	12679	property is necessary. (Tex. Prob. Code, Sec. 155 (part).)
12680	12680	Sec. 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO
12681	12681	ADMINISTRATION IS PENDING. (a) If there is no qualified executor
12682	12682	or administrator of a deceased spouse's estate, the surviving
12683	12683	spouse, as the surviving partner of the marital partnership, may:
12684	12684	(1) sue and be sued to recover community property;
12685	12685	(2) sell, mortgage, lease, and otherwise dispose of
12686	12686	community property to pay community debts;
12687	12687	(3) collect claims due to the community estate; and
12688	12688	(4) exercise other powers as necessary to:
12689	12689	(A) preserve the community property;
12690	12690	(B) discharge community obligations; and
12691	12691	(C) wind up community affairs.
12692	12692	(b) This section does not affect the disposition of the
12693	12693	deceased spouse's property. (Tex. Prob. Code, Secs. 160(a), (c).)
12694	12694	Sec. 453.004. COLLECTION OF UNPAID WAGES IF NO
12695	12695	ADMINISTRATION IS PENDING. (a) If a person who owes money to the
12696	12696	community estate for current wages at the time of a deceased
12697	12697	spouse's death is provided an affidavit stating that the affiant is
12698	12698	the surviving spouse and that no one has qualified as executor or
12699	12699	administrator of the deceased spouse's estate, the person who pays
12700	12700	or delivers to the affiant the deceased spouse's final paycheck for
12701	12701	the wages, including any unpaid sick pay or vacation pay, is
12702	12702	released from liability to the same extent as if the payment or
12703	12703	delivery is made to the deceased spouse's personal representative.
12704	12704	The person is not required to inquire into the truth of the
12705	12705	affidavit.
12706	12706	(b) An affiant to whom the payment or delivery is made under
12707	12707	Subsection (a) is answerable to a person having a prior right and is
12708	12708	accountable to a personal representative who is appointed. The
12709	12709	affiant is liable for any damage or loss to a person that arises
12710	12710	from a payment or delivery made in reliance on the affidavit.
12711	12711	(c) This section does not affect the disposition of the
12712	12712	deceased spouse's property. (Tex. Prob. Code, Secs. 160(b), (c).)
12713	12713	Sec. 453.005. REMARRIAGE OF SURVIVING SPOUSE. The
12714	12714	remarriage of a surviving spouse does not terminate the surviving
12715	12715	spouse's powers as a surviving partner. (Tex. Prob. Code, Sec.
12716	12716	176.)
12717	12717	Sec. 453.006. ACCOUNT OF COMMUNITY DEBTS AND DISPOSITION OF
12718	12718	COMMUNITY PROPERTY. (a) The surviving spouse shall keep a fair and
12719	12719	full account and statement of:
12720	12720	(1) all community debts and expenses paid by the
12721	12721	surviving spouse; and
12722	12722	(2) the disposition made of the community property.
12723	12723	(b) The surviving spouse or personal representative shall
12724	12724	keep a separate, distinct account of all community debts allowed or
12725	12725	paid in the administration and settlement of an estate described by
12726	12726	Sections 101.052(a) and (b). (Tex. Prob. Code, Secs. 156 (part),
12727	12727	168 (part).)
12728	12728	Sec. 453.007. DELIVERY OF COMMUNITY ESTATE ON FINAL
12729	12729	PARTITION. On final partition of the community estate, the
12730	12730	surviving spouse shall deliver to the deceased spouse's heirs or
12731	12731	devisees their interest in the estate, and the increase in and
12732	12732	profits of the interest, after deducting from the interest:
12733	12733	(1) the proportion of the community debts chargeable
12734	12734	to the interest;
12735	12735	(2) unavoidable losses;
12736	12736	(3) necessary and reasonable expenses; and
12737	12737	(4) a reasonable commission for the management of the
12738	12738	interest. (Tex. Prob. Code, Sec. 168 (part).)
12739	12739	Sec. 453.008. LIABILITY OF SURVIVING SPOUSE FOR LOSS. A
12740	12740	surviving spouse is not liable for a loss sustained by the community
12741	12741	estate unless the surviving spouse is guilty of gross negligence or
12742	12742	bad faith. (Tex. Prob. Code, Sec. 168 (part).)
12743	12743	Sec. 453.009. DISTRIBUTION OF POWERS BETWEEN PERSONAL
12744	12744	REPRESENTATIVE AND SURVIVING SPOUSE. (a) A qualified personal
12745	12745	representative of a deceased spouse's estate may administer:
12746	12746	(1) the separate property of the deceased spouse;
12747	12747	(2) the community property that was by law under the
12748	12748	management of the deceased spouse during the marriage; and
12749	12749	(3) the community property that was by law under the
12750	12750	joint control of the spouses during the marriage.
12751	12751	(b) The surviving spouse, as surviving partner of the
12752	12752	marital partnership, is entitled to:
12753	12753	(1) retain possession and control of the community
12754	12754	property that was legally under the sole management of the
12755	12755	surviving spouse during the marriage; and
12756	12756	(2) exercise over that property any power this chapter
12757	12757	authorizes the surviving spouse to exercise if there is no
12758	12758	administration pending on the deceased spouse's estate.
12759	12759	(c) The surviving spouse, by written instrument filed with
12760	12760	the clerk, may waive any right to exercise powers as community
12761	12761	survivor. If the surviving spouse files a waiver under this
12762	12762	subsection, the deceased spouse's personal representative may
12763	12763	administer the entire community estate. (Tex. Prob. Code, Sec.
12764	12764	177.)
12765	12765	CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
12766	12766	SUBCHAPTER A. ESTATES OF PERSONS PRESUMED DEAD
12767	12767	Sec. 454.001. APPLICABILITY; DETERMINATION OF DEATH
12768	12768	Sec. 454.002. GRANT OF LETTERS ON PROOF OF DEATH
12769	12769	Sec. 454.003. CITATION AND SEARCH
12770	12770	Sec. 454.004. DISTRIBUTION OF ESTATE
12771	12771	[Sections 454.005-454.050 reserved for expansion]
12772	12772	SUBCHAPTER B. PERSONS PRESUMED DEAD BUT SUBSEQUENTLY
12773	12773	PROVED LIVING
12774	12774	Sec. 454.051. RESTORATION OF ESTATE
12775	12775	Sec. 454.052. LIABILITY OF PERSONAL REPRESENTATIVE AND
12776	12776	NOT VOIDED
12777	12777	CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
12778	12778	SUBCHAPTER A. ESTATES OF PERSONS PRESUMED DEAD
12779	12779	Sec. 454.001. APPLICABILITY; DETERMINATION OF DEATH. (a)
12780	12780	This subchapter applies in a proceeding to probate a person's will
12781	12781	or administer a person's estate if there is no direct evidence that
12782	12782	the person is dead.
12783	12783	(b) The court has jurisdiction to determine the fact, time,
12784	12784	and place of the person's death. (Tex. Prob. Code, Sec. 72(a)
12785	12785	(part).)
12786	12786	Sec. 454.002. GRANT OF LETTERS ON PROOF OF DEATH. On
12787	12787	application for the grant of letters testamentary or of
12788	12788	administration for the estate of a person presumed to be dead, the
12789	12789	court shall grant the letters if the death of the person is proved
12790	12790	by circumstantial evidence to the court's satisfaction. (Tex.
12791	12791	Prob. Code, Sec. 72(a) (part).)
12792	12792	Sec. 454.003. CITATION AND SEARCH. (a) If the fact of a
12793	12793	person's death must be proved by circumstantial evidence under
12794	12794	Section 454.002, at the request of any interested person, the court
12795	12795	may order that a citation be issued to the person presumed dead and
12796	12796	that the citation be served on the person by publication and posting
12797	12797	and by additional methods as directed by the order.
12798	12798	(b) After letters testamentary or of administration are
12799	12799	issued, the court may also direct:
12800	12800	(1) the personal representative to search for the
12801	12801	person presumed dead by notifying law enforcement agencies and
12802	12802	public welfare agencies in appropriate locations that the person
12803	12803	has disappeared; and
12804	12804	(2) the applicant to engage the services of an
12805	12805	investigative agency to search for the person presumed dead.
12806	12806	(c) The expense of a search or notice under this section
12807	12807	shall be taxed to the estate as a cost and paid out of the estate
12808	12808	property. (Tex. Prob. Code, Sec. 72(b).)
12809	12809	Sec. 454.004. DISTRIBUTION OF ESTATE. The personal
12810	12810	representative of the estate of a person presumed dead may not
12811	12811	distribute the estate to the persons entitled to the estate until
12812	12812	the third anniversary of the date the court granted the letters
12813	12813	under Section 454.002. (Tex. Prob. Code, Sec. 72(a) (part).)
12814	12814	[Sections 454.005-454.050 reserved for expansion]
12815	12815	SUBCHAPTER B. PERSONS PRESUMED DEAD BUT SUBSEQUENTLY
12816	12816	PROVED LIVING
12817	12817	Sec. 454.051. RESTORATION OF ESTATE. (a) Except as
12818	12818	provided by Subsection (b), a person who was proved by
12819	12819	circumstantial evidence to be dead under Section 454.002 and who,
12820	12820	in a subsequent action, is proved by direct evidence to have been
12821	12821	living at any time after the date the court granted the letters
12822	12822	under that section, is entitled to restoration of the person's
12823	12823	estate or the residue of the person's estate, including the rents
12824	12824	and profits from the estate.
12825	12825	(b) For estate property sold by the personal representative
12826	12826	of the estate, a distributee, or a distributee's successors or
12827	12827	assignees to a bona fide purchaser for value, the right of a person
12828	12828	to restoration is limited to the proceeds of the sale or the residue
12829	12829	of the sold property with any increase of the proceeds or the
12830	12830	residue. (Tex. Prob. Code, Sec. 72(a) (part).)
12831	12831	Sec. 454.052. LIABILITY OF PERSONAL REPRESENTATIVE AND
12832	12832	OTHERS ACTING UNDER COURT ORDER; BONDS NOT VOIDED. (a) Anyone,
12833	12833	including a personal representative, who delivered to another the
12834	12834	estate or any part of the estate of a person who was proved by
12835	12835	circumstantial evidence to be dead under Section 454.002 and who,
12836	12836	in a subsequent action, is proved by direct evidence to have been
12837	12837	living at any time after the date the court granted the letters
12838	12838	testamentary or of administration under that section is not liable
12839	12839	for any part of the estate delivered in accordance with the court's
12840	12840	order.
12841	12841	(b) Subject to Subsection (c), the bond of a personal
12842	12842	representative of the estate of a person described by Subsection
12843	12843	(a) is not void in any event.
12844	12844	(c) A surety is not liable for any act of the personal
12845	12845	representative that was done in compliance with or approved by the
12846	12846	court's order. (Tex. Prob. Code, Sec. 72(a) (part).)
12847	12847	[Chapters 455-500 reserved for expansion]
12848	12848	SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY INSTRUMENTS, AND FIDUCIARIES
12849	12849	FIDUCIARIES
12850	12850	CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
12851	12851	Sec. 501.001. AUTHORITY FOR ANCILLARY PROBATE OF
12852	12852	FOREIGN WILL
12853	12853	Sec. 501.002. APPLICATION FOR ANCILLARY PROBATE OF
12854	12854	FOREIGN WILL
12855	12855	Sec. 501.003. CITATION AND NOTICE
12856	12856	Sec. 501.004. RECORDING BY CLERK
12857	12857	Sec. 501.005. EFFECT OF FILING AND RECORDING FOREIGN
12858	12858	WILL
12859	12859	Sec. 501.006. ANCILLARY LETTERS TESTAMENTARY
12860	12860	Sec. 501.007. EFFECT ON PROPERTY
12861	12861	Sec. 501.008. SETTING ASIDE OF CERTAIN FOREIGN WILLS
12862	12862	CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
12863	12863	Sec. 501.001. AUTHORITY FOR ANCILLARY PROBATE OF FOREIGN
12864	12864	WILL. The written will of a testator who was not domiciled in this
12865	12865	state at the time of the testator's death may be admitted to probate
12866	12866	in this state if:
12867	12867	(1) the will would affect any property in this state;
12868	12868	and
12869	12869	(2) proof is presented that the will stands probated
12870	12870	or otherwise established in any state of the United States or a
12871	12871	foreign nation. (Tex. Prob. Code, Sec. 95(a).)
12872	12872	Sec. 501.002. APPLICATION FOR ANCILLARY PROBATE OF FOREIGN
12873	12873	WILL. (a) An application for ancillary probate in this state of a
12874	12874	foreign will admitted to probate or otherwise established in the
12875	12875	jurisdiction in which the testator was domiciled at the time of the
12876	12876	testator's death is required to indicate only that probate in this
12877	12877	state is requested on the basis of the authenticated copy of the
12878	12878	foreign proceedings in which the will was admitted to probate or
12879	12879	otherwise established.
12880	12880	(b) An application for ancillary probate in this state of a
12881	12881	foreign will that has been admitted to probate or otherwise
12882	12882	established in a jurisdiction other than the jurisdiction in which
12883	12883	the testator was domiciled at the time of the testator's death must:
12884	12884	(1) include all information required for an
12885	12885	application for probate of a domestic will; and
12886	12886	(2) state the name and address of:
12887	12887	(A) each devisee; and
12888	12888	(B) each person who would be entitled to a
12889	12889	portion of the estate as an heir in the absence of a will.
12890	12890	(c) An application described by Subsection (a) or (b) must
12891	12891	include for filing a copy of the foreign will and the judgment,
12892	12892	order, or decree by which the will was admitted to probate or
12893	12893	otherwise established. The copy must:
12894	12894	(1) be attested by and with the original signature of
12895	12895	the court clerk or other official who has custody of the will or who
12896	12896	is in charge of probate records;
12897	12897	(2) include a certificate with the original signature
12898	12898	of the judge or presiding magistrate of the court stating that the
12899	12899	attestation is in proper form; and
12900	12900	(3) have the court seal affixed, if a court seal
12901	12901	exists. (Tex. Prob. Code, Secs. 95(b)(1) (part), (2) (part), (c)
12902	12902	(part).)
12903	12903	Sec. 501.003. CITATION AND NOTICE. (a) Citation or notice
12904	12904	is not required for an application described by Section 501.002(a).
12905	12905	(b) For an application described by Section 501.002(b), a
12906	12906	citation shall be issued and served by registered or certified mail
12907	12907	on each devisee and heir identified in the application. (Tex. Prob.
12908	12908	Code, Secs. 95(b)(1) (part), (2) (part).)
12909	12909	Sec. 501.004. RECORDING BY CLERK. (a) If a foreign will
12910	12910	submitted for ancillary probate in this state has been admitted to
12911	12911	probate or otherwise established in the jurisdiction in which the
12912	12912	testator was domiciled at the time of the testator's death, it is
12913	12913	the ministerial duty of the court clerk to record the will and the
12914	12914	evidence of the will's probate or other establishment in the
12915	12915	minutes of the court.
12916	12916	(b) If a foreign will submitted for ancillary probate in
12917	12917	this state has been admitted to probate or otherwise established in
12918	12918	a jurisdiction other than the jurisdiction in which the testator
12919	12919	was domiciled at the time of the testator's death, and a contest
12920	12920	against the ancillary probate is not filed as authorized by Chapter
12921	12921	504, the court clerk shall record the will and the evidence of the
12922	12922	will's probate or other establishment in the minutes of the court.
12923	12923	(c) A court order is not necessary for the recording of a
12924	12924	foreign will in accordance with this section. (Tex. Prob. Code,
12925	12925	Secs. 95(d)(1) (part), (2) (part).)
12926	12926	Sec. 501.005. EFFECT OF FILING AND RECORDING FOREIGN WILL.
12927	12927	On filing and recording a foreign will in accordance with this
12928	12928	chapter, the foreign will:
12929	12929	(1) is considered to be admitted to probate; and
12930	12930	(2) has the same effect for all purposes as if the
12931	12931	original will had been admitted to probate by order of a court of
12932	12932	this state, subject to contest in the manner and to the extent
12933	12933	provided by Chapter 504. (Tex. Prob. Code, Secs. 95(d)(1) (part),
12934	12934	(2) (part).)
12935	12935	Sec. 501.006. ANCILLARY LETTERS TESTAMENTARY. (a) On
12936	12936	application, an executor named in a foreign will admitted to
12937	12937	ancillary probate in this state in accordance with this chapter is
12938	12938	entitled to receive ancillary letters testamentary on proof made to
12939	12939	the court that:
12940	12940	(1) the executor has qualified to serve as executor in
12941	12941	the jurisdiction in which the will was previously admitted to
12942	12942	probate or otherwise established; and
12943	12943	(2) the executor is not disqualified from serving in
12944	12944	that capacity in this state.
12945	12945	(b) After the proof required by Subsection (a) is made, the
12946	12946	court shall enter an order directing that ancillary letters
12947	12947	testamentary be issued to the executor. The court shall revoke any
12948	12948	letters of administration previously issued by the court to any
12949	12949	other person on application of the executor after personal service
12950	12950	of citation on the person to whom the letters were issued. (Tex.
12951	12951	Prob. Code, Sec. 105.)
12952	12952	Sec. 501.007. EFFECT ON PROPERTY. A foreign will admitted
12953	12953	to ancillary probate in this state as provided by this chapter after
12954	12954	having been admitted to probate or otherwise established in the
12955	12955	jurisdiction in which the testator was domiciled at the time of the
12956	12956	testator's death is effective to dispose of property in this state
12957	12957	regardless of whether the will was executed with the formalities
12958	12958	required by this title. (Tex. Prob. Code, Sec. 95(e).)
12959	12959	Sec. 501.008. SETTING ASIDE OF CERTAIN FOREIGN WILLS. (a)
12960	12960	This section applies only to a foreign will admitted to ancillary
12961	12961	probate in this state, in accordance with the procedures prescribed
12962	12962	by this chapter, based on the previous probate or other
12963	12963	establishment of the will in the jurisdiction in which the testator
12964	12964	was domiciled at the time of the testator's death.
12965	12965	(b) The admission to probate in this state of a foreign will
12966	12966	to which this section applies shall be set aside if it is
12967	12967	subsequently proven in a proceeding brought for that purpose that
12968	12968	the foreign jurisdiction in which the will was admitted to probate
12969	12969	or otherwise established was not in fact the domicile of the
12970	12970	testator at the time of the testator's death.
12971	12971	(c) The title or rights of a person who, before commencement
12972	12972	of a proceeding to set aside the admission to probate of a foreign
12973	12973	will under this section, purchases property in good faith and for
12974	12974	value from the personal representative or a devisee or otherwise
12975	12975	deals in good faith with the personal representative or a devisee
12976	12976	are not affected by the subsequent setting aside of the admission to
12977	12977	probate in this state. (Tex. Prob. Code, Sec. 95(f).)
12978	12978	CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
12979	12979	Sec. 502.001. ORIGINAL PROBATE OF FOREIGN WILL
12980	12980	AUTHORIZED
12981	12981	Sec. 502.002. PROOF OF FOREIGN WILL IN ORIGINAL
12982	12982	PROBATE PROCEEDING
12983	12983	CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
12984	12984	Sec. 502.001. ORIGINAL PROBATE OF FOREIGN WILL AUTHORIZED.
12985	12985	(a) This section applies only to a will of a testator who dies
12986	12986	domiciled outside of this state that:
12987	12987	(1) on probate, may operate on any property in this
12988	12988	state; and
12989	12989	(2) is valid under the laws of this state.
12990	12990	(b) A court may grant original probate of a will described
12991	12991	by Subsection (a) in the same manner as the court grants the probate
12992	12992	of other wills under this title if the will:
12993	12993	(1) has not been rejected from probate or
12994	12994	establishment in the jurisdiction in which the testator died
12995	12995	domiciled; or
12996	12996	(2) has been rejected from probate or establishment in
12997	12997	the jurisdiction in which the testator died domiciled solely for a
12998	12998	cause that is not a ground for rejection of a will of a testator who
12999	12999	died domiciled in this state.
13000	13000	(c) A court may delay passing on an application for probate
13001	13001	of a foreign will pending the result of probate or establishment, or
13002	13002	of a contest of probate or establishment, in the jurisdiction in
13003	13003	which the testator died domiciled. (Tex. Prob. Code, Sec. 103.)
13004	13004	Sec. 502.002. PROOF OF FOREIGN WILL IN ORIGINAL PROBATE
13005	13005	PROCEEDING. (a) A copy of the will of a testator who dies domiciled
13006	13006	outside of this state, authenticated in the manner required by this
13007	13007	title, is sufficient proof of the contents of the will to admit the
13008	13008	will to probate in an original proceeding in this state if an
13009	13009	objection to the will is not made.
13010	13010	(b) This section does not:
13011	13011	(1) authorize the probate of a will that would not
13012	13012	otherwise be admissible to probate; or
13013	13013	(2) if an objection is made to a will, relieve the
13014	13014	proponent from offering proof of the contents and legal sufficiency
13015	13015	of the will as otherwise required.
13016	13016	(c) Subsection (b)(2) does not require the proponent to
13017	13017	produce the original will unless ordered by the court. (Tex. Prob.
13018	13018	Code, Sec. 104.)
13019	13019	CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
13020	13020	SUBCHAPTER A. REQUIREMENTS FOR RECORDING FOREIGN TESTAMENTARY INSTRUMENT
13021	13021	INSTRUMENT
13022	13022	Sec. 503.001. AUTHORIZATION TO RECORD CERTAIN FOREIGN
13023	13023	RECORDS
13024	13024	Sec. 503.002. ORIGINAL SIGNATURES NOT REQUIRED
13025	13025	Sec. 503.003. CONTEST OF RECORDED FOREIGN TESTAMENTARY
13026	13026	INSTRUMENT PERMITTED
13027	13027	[Sections 503.004-503.050 reserved for expansion]
13028	13028	SUBCHAPTER B. EFFECTS OF RECORDED FOREIGN
13029	13029	TESTAMENTARY INSTRUMENT
13030	13030	Sec. 503.051. RECORDED FOREIGN TESTAMENTARY INSTRUMENT
13031	13031	AS CONVEYANCE
13032	13032	Sec. 503.052. RECORDED FOREIGN TESTAMENTARY INSTRUMENT
13033	13033	AS NOTICE OF TITLE
13034	13034	CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
13035	13035	SUBCHAPTER A. REQUIREMENTS FOR RECORDING FOREIGN TESTAMENTARY
13036	13036	INSTRUMENT
13037	13037	Sec. 503.001. AUTHORIZATION TO RECORD CERTAIN FOREIGN
13038	13038	TESTAMENTARY INSTRUMENTS IN DEED RECORDS. (a) A copy of a will or
13039	13039	other testamentary instrument that conveys, or in any other manner
13040	13040	disposes of, land in this state and that has been probated according
13041	13041	to the laws of any state of the United States or a country other than
13042	13042	the United States, along with a copy of the judgment, order, or
13043	13043	decree by which the instrument was admitted to probate that has the
13044	13044	attestation, seal, and certificate required by Section 501.002(c),
13045	13045	may be filed and recorded in the deed records in any county in this
13046	13046	state in which the land is located:
13047	13047	(1) without further proof or authentication, subject
13048	13048	to Section 503.003; and
13049	13049	(2) in the same manner as a deed or conveyance is
13050	13050	required to be recorded under the laws of this state.
13051	13051	(b) A copy of a will or other testamentary instrument
13052	13052	described by Subsection (a), along with a copy of the judgment,
13053	13053	order, or decree by which the instrument was admitted to probate
13054	13054	that has the attestation and certificate required by Section
13055	13055	501.002(c), is:
13056	13056	(1) prima facie evidence that the instrument has been
13057	13057	admitted to probate according to the laws of the state or country in
13058	13058	which it was allegedly admitted to probate; and
13059	13059	(2) sufficient to authorize the instrument and the
13060	13060	judgment, order, or decree to be recorded in the deed records in the
13061	13061	proper county or counties in this state. (Tex. Prob. Code, Secs. 96
13062	13062	(part), 97.)
13063	13063	Sec. 503.002. ORIGINAL SIGNATURES NOT REQUIRED.
13064	13064	Notwithstanding Section 501.002(c), the original signatures
13065	13065	required by that section may not be required for a recordation in
13066	13066	the deed records in accordance with Section 503.001 or for a purpose
13067	13067	described by Section 503.051 or 503.052. (Tex. Prob. Code, Sec.
13068	13068	95(c) (part).)
13069	13069	Sec. 503.003. CONTEST OF RECORDED FOREIGN TESTAMENTARY
13070	13070	INSTRUMENT PERMITTED. The validity of a will or other testamentary
13071	13071	instrument, a copy of which is filed and recorded as provided by
13072	13072	Section 503.001, may be contested in the manner and to the extent
13073	13073	provided by Subchapter A, Chapter 504. (Tex. Prob. Code, Sec. 96
13074	13074	(part).)
13075	13075	[Sections 503.004-503.050 reserved for expansion]
13076	13076	SUBCHAPTER B. EFFECTS OF RECORDED FOREIGN
13077	13077	TESTAMENTARY INSTRUMENT
13078	13078	Sec. 503.051. RECORDED FOREIGN TESTAMENTARY INSTRUMENT AS
13079	13079	CONVEYANCE. A copy of a foreign will or other testamentary
13080	13080	instrument described by Section 503.001 and the copy of the
13081	13081	judgment, order, or decree by which the instrument was admitted to
13082	13082	probate that are attested and proved as provided by that section and
13083	13083	delivered to the county clerk of the proper county in this state to
13084	13084	be recorded in the deed records:
13085	13085	(1) take effect and are valid as a deed of conveyance
13086	13086	of all property in this state covered by the instrument; and
13087	13087	(2) have the same effect as a recorded deed or other
13088	13088	conveyance of land beginning at the time the instrument is
13089	13089	delivered to the clerk to be recorded. (Tex. Prob. Code, Sec. 98.)
13090	13090	Sec. 503.052. RECORDED FOREIGN TESTAMENTARY INSTRUMENT AS
13091	13091	NOTICE OF TITLE. A copy of a foreign will or other testamentary
13092	13092	instrument described by Section 503.001 and the copy of the
13093	13093	judgment, order, or decree by which the instrument was admitted to
13094	13094	probate that is attested and proved as provided by that section and
13095	13095	filed for recording in the deed records of the proper county in this
13096	13096	state constitute notice to all persons of the:
13097	13097	(1) existence of the instrument; and
13098	13098	(2) title or titles conferred by the instrument.
13099	13099	(Tex. Prob. Code, Sec. 99.)
13100	13100	CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN TESTAMENTARY INSTRUMENT
13101	13101	INSTRUMENT
13102	13102	SUBCHAPTER A. CONTEST OR SETTING ASIDE PROBATE OF FOREIGN WILL IN THIS STATE
13103	13103	THIS STATE
13104	13104	Sec. 504.001. GROUNDS FOR CONTESTING FOREIGN WILL
13105	13105	PROBATED IN DOMICILIARY JURISDICTION
13106	13106	Sec. 504.002. GROUNDS FOR CONTESTING FOREIGN WILL
13107	13107	JURISDICTION
13108	13108	Sec. 504.003. PROCEDURES AND TIME LIMITS FOR
13109	13109	CONTESTING FOREIGN WILL
13110	13110	Sec. 504.004. PROBATE OF FOREIGN WILL SET ASIDE FOR
13111	13111	LACK OF SERVICE
13112	13112	[Sections 504.005-504.050 reserved for expansion]
13113	13113	SUBCHAPTER B. CONTEST OR FINAL REJECTION IN FOREIGN JURISDICTION
13114	13114	Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN
13115	13115	JURISDICTION
13116	13116	Sec. 504.052. EFFECT OF NOTICE
13117	13117	Sec. 504.053. EFFECT OF REJECTION OF TESTAMENTARY
13118	13118	INSTRUMENT BY FOREIGN JURISDICTION
13119	13119	CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN TESTAMENTARY
13120	13120	INSTRUMENT
13121	13121	SUBCHAPTER A. CONTEST OR SETTING ASIDE PROBATE OF FOREIGN WILL IN
13122	13122	THIS STATE
13123	13123	Sec. 504.001. GROUNDS FOR CONTESTING FOREIGN WILL PROBATED
13124	13124	IN DOMICILIARY JURISDICTION. (a) Subject to Subsection (b), an
13125	13125	interested person may contest a foreign will that has been:
13126	13126	(1) admitted to probate or established in the
13127	13127	jurisdiction in which the testator was domiciled at the time of the
13128	13128	testator's death; and
13129	13129	(2) admitted to probate in this state or filed in the
13130	13130	deed records of any county of this state.
13131	13131	(b) A will described by Subsection (a) may be contested only
13132	13132	on the grounds that:
13133	13133	(1) the proceedings in the jurisdiction in which the
13134	13134	testator was domiciled at the time of the testator's death were not
13135	13135	authenticated in the manner required for ancillary probate or
13136	13136	recording in the deed records in this state;
13137	13137	(2) the will has been finally rejected for probate in
13138	13138	this state in another proceeding; or
13139	13139	(3) the probate of the will has been set aside in the
13140	13140	jurisdiction in which the testator was domiciled at the time of the
13141	13141	testator's death. (Tex. Prob. Code, Sec. 100(a).)
13142	13142	Sec. 504.002. GROUNDS FOR CONTESTING FOREIGN WILL PROBATED
13143	13143	IN NON-DOMICILIARY JURISDICTION. A foreign will admitted to
13144	13144	probate or established in any jurisdiction other than the
13145	13145	jurisdiction in which the testator was domiciled at the time of the
13146	13146	testator's death may be contested on any grounds that are the basis
13147	13147	for the contest of a domestic will. (Tex. Prob. Code, Sec. 100(b)
13148	13148	(part).)
13149	13149	Sec. 504.003. PROCEDURES AND TIME LIMITS FOR CONTESTING
13150	13150	FOREIGN WILL. (a) The probate in this state of a foreign will
13151	13151	probated or established in a jurisdiction other than the
13152	13152	jurisdiction in which the testator was domiciled at the time of the
13153	13153	testator's death may be contested in the manner that would apply if
13154	13154	the testator had been domiciled in this state at the time of the
13155	13155	testator's death.
13156	13156	(b) A foreign will admitted to ancillary probate in this
13157	13157	state or filed in the deed records of any county of this state may be
13158	13158	contested using the same procedures and within the same time limits
13159	13159	applicable to the contest of a will admitted to original probate in
13160	13160	this state. (Tex. Prob. Code, Secs. 95(d)(2) (part), 100(c).)
13161	13161	Sec. 504.004. PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF
13162	13162	SERVICE. (a) The probate in this state of a foreign will shall be
13163	13163	set aside if:
13164	13164	(1) the will was probated in this state:
13165	13165	(A) in accordance with the procedure applicable
13166	13166	to the probate of a will admitted to probate in the jurisdiction in
13167	13167	which the testator was domiciled at the time of the testator's
13168	13168	death; and
13169	13169	(B) without the service of citation required for
13170	13170	a will admitted to probate in another jurisdiction that was not the
13171	13171	testator's domicile at the time of the testator's death; and
13172	13172	(2) it is proved that the foreign jurisdiction in
13173	13173	which the will was probated was not the testator's domicile at the
13174	13174	time of the testator's death.
13175	13175	(b) If otherwise entitled, a will the probate of which is
13176	13176	set aside in accordance with Subsection (a) may be:
13177	13177	(1) reprobated in accordance with the procedure
13178	13178	prescribed for the probate of a will admitted in a jurisdiction that
13179	13179	was not the testator's domicile at the time of the testator's death;
13180	13180	or
13181	13181	(2) admitted to original probate in this state in the
13182	13182	proceeding in which the ancillary probate was set aside or in a
13183	13183	subsequent proceeding. (Tex. Prob. Code, Sec. 100(b) (part).)
13184	13184	[Sections 504.005-504.050 reserved for expansion]
13185	13185	SUBCHAPTER B. CONTEST OR FINAL REJECTION IN FOREIGN JURISDICTION
13186	13186	Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN
13187	13187	JURISDICTION. Verified notice that a proceeding to contest a will
13188	13188	probated or established in a foreign jurisdiction has been
13189	13189	commenced in that jurisdiction may be filed and recorded in the
13190	13190	minutes of the court in this state in which the foreign will was
13191	13191	probated, or in the deed records of any county of this state in
13192	13192	which the foreign will was recorded, within the time limits for the
13193	13193	contest of a foreign will in this state. (Tex. Prob. Code, Sec. 101
13194	13194	(part).)
13195	13195	Sec. 504.052. EFFECT OF NOTICE. After a notice is filed and
13196	13196	recorded under Section 504.051, the probate or recording in this
13197	13197	state of the foreign will that is the subject of the notice has no
13198	13198	effect until verified proof is filed and recorded that the foreign
13199	13199	proceedings:
13200	13200	(1) have been terminated in favor of the will; or
13201	13201	(2) were never commenced. (Tex. Prob. Code, Sec. 101
13202	13202	(part).)
13203	13203	Sec. 504.053. EFFECT OF REJECTION OF TESTAMENTARY
13204	13204	INSTRUMENT BY FOREIGN JURISDICTION. (a) Except as provided by
13205	13205	Subsection (b), final rejection of a will or other testamentary
13206	13206	instrument from probate or establishment in a foreign jurisdiction
13207	13207	in which the testator was domiciled at the time of the testator's
13208	13208	death is conclusive in this state.
13209	13209	(b) A will or other testamentary instrument that is finally
13210	13210	rejected from probate or establishment in a foreign jurisdiction in
13211	13211	which the testator was domiciled at the time of the testator's death
13212	13212	may be admitted to probate or continue to be effective in this state
13213	13213	if the will or other instrument was rejected solely for a cause that
13214	13214	is not a ground for rejection of a will of a testator who died
13215	13215	domiciled in this state. (Tex. Prob. Code, Sec. 102.)
13216	13216	CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES, AND FIDUCIARIES
13217	13217	FIDUCIARIES
13218	13218	SUBCHAPTER A. FOREIGN CORPORATE FIDUCIARY
13219	13219	Sec. 505.001. DEFINITION
13220	13220	Sec. 505.002. APPLICABILITY OF OTHER LAW
13221	13221	Sec. 505.003. AUTHORITY OF FOREIGN CORPORATE FIDUCIARY
13222	13222	TO SERVE IN FIDUCIARY CAPACITY
13223	13223	Sec. 505.004. FILING REQUIREMENTS; DESIGNATION
13224	13224	Sec. 505.005. SERVICE OF NOTICE OR PROCESS ON
13225	13225	SECRETARY OF STATE
13226	13226	Sec. 505.006. CRIMINAL PENALTY; EFFECT OF CONVICTION
13227	13227	[Sections 505.007-505.050 reserved for expansion]
13228	13228	SUBCHAPTER B. FOREIGN EXECUTORS AND TRUSTEES
13229	13229	Sec. 505.051. APPLICABILITY OF BOND REQUIREMENT
13230	13230	Sec. 505.052. POWER TO SELL PROPERTY
13231	13231	[Sections 505.053-505.100 reserved for expansion]
13232	13232	SUBCHAPTER C. RECOVERY OF DEBTS BY FOREIGN EXECUTOR OR ADMINISTRATOR
13233	13233	ADMINISTRATOR
13234	13234	Sec. 505.101. SUIT TO RECOVER DEBT
13235	13235	Sec. 505.102. JURISDICTION
13236	13236	Sec. 505.103. RESTRICTION ON SUIT BROUGHT BY FOREIGN
13237	13237	EXECUTOR OR ADMINISTRATOR
13238	13238	CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES, AND
13239	13239	FIDUCIARIES
13240	13240	SUBCHAPTER A. FOREIGN CORPORATE FIDUCIARY
13241	13241	Sec. 505.001. DEFINITION. In this subchapter, "foreign
13242	13242	corporate fiduciary" means a corporate fiduciary that does not have
13243	13243	its main office or a branch office in this state. (Tex. Prob. Code,
13244	13244	Sec. 105A(a) (part).)
13245	13245	Sec. 505.002. APPLICABILITY OF OTHER LAW. (a) A foreign
13246	13246	corporate fiduciary acting in a fiduciary capacity in this state in
13247	13247	strict accordance with this subchapter:
13248	13248	(1) is not transacting business in this state within
13249	13249	the meaning of Section 9.001, Business Organizations Code; and
13250	13250	(2) is qualified to serve in that capacity under
13251	13251	Section 501.006.
13252	13252	(b) This subchapter is in addition to, and not a limitation
13253	13253	on, Subtitles F and G, Title 3, Finance Code. (Tex. Prob. Code,
13254	13254	Secs. 105A(c), (d).)
13255	13255	Sec. 505.003. AUTHORITY OF FOREIGN CORPORATE FIDUCIARY TO
13256	13256	SERVE IN FIDUCIARY CAPACITY. (a) Subject to Subsections (b) and
13257	13257	(c) and Section 505.004, a foreign corporate fiduciary may be
13258	13258	appointed by will, deed, agreement, declaration, indenture, court
13259	13259	order or decree, or otherwise and may serve in this state in any
13260	13260	fiduciary capacity, including as:
13261	13261	(1) trustee of a personal or corporate trust;
13262	13262	(2) executor;
13263	13263	(3) administrator; or
13264	13264	(4) guardian of the estate.
13265	13265	(b) A foreign corporate fiduciary appointed to serve in a
13266	13266	fiduciary capacity in this state must have the corporate power to
13267	13267	act in that capacity.
13268	13268	(c) This section applies only to the extent that the home
13269	13269	state of the foreign corporate fiduciary appointed to serve in a
13270	13270	fiduciary capacity in this state grants to a corporate fiduciary
13271	13271	whose home state is this state the authority to serve in like
13272	13272	fiduciary capacity. (Tex. Prob. Code, Sec. 105A(a) (part).)
13273	13273	Sec. 505.004. FILING REQUIREMENTS; DESIGNATION. (a) A
13274	13274	foreign corporate fiduciary must file the following documents with
13275	13275	the secretary of state before qualifying or serving in this state in
13276	13276	a fiduciary capacity as authorized by Section 505.003:
13277	13277	(1) a copy of the fiduciary's charter, articles of
13278	13278	incorporation or of association, and all amendments to those
13279	13279	documents, certified by the fiduciary's secretary under the
13280	13280	fiduciary's corporate seal;
13281	13281	(2) a properly executed written instrument that by the
13282	13282	instrument's terms is of indefinite duration and irrevocable,
13283	13283	appointing the secretary of state and the secretary of state's
13284	13284	successors as the fiduciary's agent for service of process on whom
13285	13285	notices and processes issued by a court of this state may be served
13286	13286	in an action or proceeding relating to a trust, estate, fund, or
13287	13287	other matter within this state with respect to which the fiduciary
13288	13288	is acting in a fiduciary capacity, including the acts or defaults of
13289	13289	the fiduciary with respect to that trust, estate, or fund; and
13290	13290	(3) a written certificate of designation specifying
13291	13291	the name and address of the officer, agent, or other person to whom
13292	13292	the secretary of state shall forward notices and processes
13293	13293	described by Subdivision (2).
13294	13294	(b) A foreign corporate fiduciary may change the
13295	13295	certificate of designation under Subsection (a)(3) by filing a new
13296	13296	certificate. (Tex. Prob. Code, Sec. 105A(b) (part).)
13297	13297	Sec. 505.005. SERVICE OF NOTICE OR PROCESS ON SECRETARY OF
13298	13298	STATE. (a) On receipt of a notice or process described by Section
13299	13299	505.004(a)(2), the secretary of state shall promptly forward the
13300	13300	notice or process by registered or certified mail to the officer,
13301	13301	agent, or other person designated by the foreign corporate
13302	13302	fiduciary under Section 505.004 to receive the notice or process.
13303	13303	(b) Service of notice or process described by Section
13304	13304	505.004(a)(2) on the secretary of state as agent for a foreign
13305	13305	corporate fiduciary has the same effect as if personal service had
13306	13306	been had in this state on the foreign corporate fiduciary. (Tex.
13307	13307	Prob. Code, Sec. 105A(b) (part).)
13308	13308	Sec. 505.006. CRIMINAL PENALTY; EFFECT OF CONVICTION. (a)
13309	13309	A foreign corporate fiduciary commits an offense if the fiduciary
13310	13310	violates this subchapter.
13311	13311	(b) An offense under this section is a misdemeanor
13312	13312	punishable by a fine not to exceed $5,000.
13313	13313	(c) On conviction, the court may prohibit a foreign
13314	13314	corporate fiduciary convicted of an offense under this section from
13315	13315	thereafter serving in any fiduciary capacity in this state. (Tex.
13316	13316	Prob. Code, Sec. 105A(e).)
13317	13317	[Sections 505.007-505.050 reserved for expansion]
13318	13318	SUBCHAPTER B. FOREIGN EXECUTORS AND TRUSTEES
13319	13319	Sec. 505.051. APPLICABILITY OF BOND REQUIREMENT. (a) A
13320	13320	foreign executor is not required to give bond if the will appointing
13321	13321	the foreign executor provides that the executor may serve without
13322	13322	bond.
13323	13323	(b) The bond provisions of this title applicable to domestic
13324	13324	representatives apply to a foreign executor if the will appointing
13325	13325	the foreign executor does not exempt the foreign executor from
13326	13326	giving bond. (Tex. Prob. Code, Sec. 106.)
13327	13327	Sec. 505.052. POWER TO SELL PROPERTY. (a) If a foreign
13328	13328	will has been recorded in the deed records of a county in this state
13329	13329	in the manner provided by this subtitle and the will gives an
13330	13330	executor or trustee the power to sell property located in this
13331	13331	state:
13332	13332	(1) an order of a court of this state is not necessary
13333	13333	to authorize the executor or trustee to make the sale and execute
13334	13334	proper conveyance; and
13335	13335	(2) any specific directions the testator gave in the
13336	13336	foreign will respecting the sale of the estate property must be
13337	13337	followed unless the directions have been annulled or suspended by
13338	13338	an order of a court of competent jurisdiction.
13339	13339	(b) Notwithstanding Section 501.002(c), the original
13340	13340	signatures required by that section may not be required for
13341	13341	purposes of this section. (Tex. Prob. Code, Secs. 95(c) (part),
13342	13342	107.)
13343	13343	[Sections 505.053-505.100 reserved for expansion]
13344	13344	SUBCHAPTER C. RECOVERY OF DEBTS BY FOREIGN EXECUTOR OR
13345	13345	ADMINISTRATOR
13346	13346	Sec. 505.101. SUIT TO RECOVER DEBT. (a) On giving notice
13347	13347	by registered or certified mail to all creditors of a decedent in
13348	13348	this state who have filed a claim against the decedent's estate for
13349	13349	a debt due to the creditor, a foreign executor or administrator of a
13350	13350	person who was a nonresident at the time of death may maintain a
13351	13351	suit in this state for the recovery of debts due to the decedent.
13352	13352	(b) The plaintiff's letters testamentary or of
13353	13353	administration granted by a competent tribunal, properly
13354	13354	authenticated, must be filed with the suit. (Tex. Prob. Code, Secs.
13355	13355	107A(a), (b).)
13356	13356	Sec. 505.102. JURISDICTION. (a) A foreign executor or
13357	13357	administrator who files a suit authorized by Section 505.101
13358	13358	submits personally to the jurisdiction of the courts of this state
13359	13359	in a proceeding relating to the recovery of a debt owed to a
13360	13360	resident of this state by the decedent whose estate the executor or
13361	13361	administrator represents.
13362	13362	(b) Jurisdiction under this section is limited to the amount
13363	13363	of money or value of personal property recovered in this state by
13364	13364	the foreign executor or administrator. (Tex. Prob. Code, Sec.
13365	13365	107A(c).)
13366	13366	Sec. 505.103. RESTRICTION ON SUIT BROUGHT BY FOREIGN
13367	13367	EXECUTOR OR ADMINISTRATOR. A suit may not be maintained in this
13368	13368	state by a foreign executor or administrator for a decedent's
13369	13369	estate under this subchapter if there is:
13370	13370	(1) an executor or administrator of the decedent's
13371	13371	estate qualified by a court of this state; or
13372	13372	(2) a pending application in this state for the
13373	13373	appointment of an executor or administrator of the decedent's
13374	13374	estate. (Tex. Prob. Code, Sec. 107A(d).)
13375	13375	[Chapters 506-550 reserved for expansion]
13376	13376	SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY
13377	13377	CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
13378	13378	SUBCHAPTER A. PAYMENT OF CERTAIN FUNDS TO STATE
13379	13379	Sec. 551.001. PAYMENT OF CERTAIN SHARES OF ESTATE TO
13380	13380	STATE
13381	13381	Sec. 551.002. PAYMENT OF PORTION THAT IS IN MONEY
13382	13382	Sec. 551.003. PAYMENT OF PORTION THAT IS NOT IN MONEY
13383	13383	Sec. 551.004. COMPENSATION TO EXECUTOR OR
13384	13384	ADMINISTRATOR
13385	13385	Sec. 551.005. COMPTROLLER INDISPENSABLE PARTY
13386	13386	Sec. 551.006. COMPTROLLER'S RECEIPT
13387	13387	[Sections 551.007-551.050 reserved for expansion]
13388	13388	SUBCHAPTER B. RECOVERY OF FUNDS PAID TO STATE
13389	13389	Sec. 551.051. RECOVERY OF FUNDS
13390	13390	Sec. 551.052. ACTION FOR RECOVERY
13391	13391	Sec. 551.053. JUDGMENT
13392	13392	Sec. 551.054. PAYMENT OF COSTS
13393	13393	Sec. 551.055. REPRESENTATION OF COMPTROLLER
13394	13394	[Sections 551.056-551.100 reserved for expansion]
13395	13395	SUBCHAPTER C. PENALTIES; ENFORCEMENT
13396	13396	Sec. 551.101. LIABILITY OF COURT CLERK; PENALTY
13397	13397	Sec. 551.102. DAMAGES FOR FAILURE TO MAKE PAYMENTS
13398	13398	Sec. 551.103. ENFORCEMENT OF PAYMENT AND DAMAGES;
13399	13399	RECOVERY ON BOND
13400	13400	CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
13401	13401	SUBCHAPTER A. PAYMENT OF CERTAIN FUNDS TO STATE
13402	13402	Sec. 551.001. PAYMENT OF CERTAIN SHARES OF ESTATE TO STATE.
13403	13403	(a) The court, by written order, shall require the executor or
13404	13404	administrator of an estate to pay to the comptroller as provided by
13405	13405	this subchapter the share of that estate of a person entitled to
13406	13406	that share who does not demand the share from the executor or
13407	13407	administrator within six months after the date of, as applicable:
13408	13408	(1) a court order approving the report of the
13409	13409	commissioners of partition made under Section 360.154; or
13410	13410	(2) the settlement of the final account of the
13411	13411	executor or administrator.
13412	13412	(b) This section does not apply to the share of an estate to
13413	13413	which a resident minor without a guardian is entitled. (Tex. Prob.
13414	13414	Code, Sec. 427 (part).)
13415	13415	Sec. 551.002. PAYMENT OF PORTION THAT IS IN MONEY. The
13416	13416	executor or administrator shall pay the portion of the share
13417	13417	subject to Section 551.001 that is in money to the comptroller.
13418	13418	(Tex. Prob. Code, Sec. 427 (part).)
13419	13419	Sec. 551.003. PAYMENT OF PORTION THAT IS NOT IN MONEY. (a)
13420	13420	The court's order under Section 551.001 must require the executor
13421	13421	or administrator to:
13422	13422	(1) sell, on terms determined best by the court, the
13423	13423	portion of a share subject to that section that is in property other
13424	13424	than money; and
13425	13425	(2) on collection of the proceeds of the sale, pay the
13426	13426	proceeds to the comptroller.
13427	13427	(b) An action to recover the proceeds of a sale under this
13428	13428	section is governed by Subchapter B. (Tex. Prob. Code, Sec. 427
13429	13429	(part).)
13430	13430	Sec. 551.004. COMPENSATION TO EXECUTOR OR ADMINISTRATOR.
13431	13431	The executor or administrator is entitled to reasonable
13432	13432	compensation for services performed under Section 551.003. (Tex.
13433	13433	Prob. Code, Sec. 427 (part).)
13434	13434	Sec. 551.005. COMPTROLLER INDISPENSABLE PARTY. (a) The
13435	13435	comptroller is an indispensable party to a judicial or
13436	13436	administrative proceeding concerning the disposition and handling
13437	13437	of any share of an estate that is or may be payable to the
13438	13438	comptroller under Section 551.001.
13439	13439	(b) The clerk of a court that orders an executor or
13440	13440	administrator to pay funds to the comptroller under Section 551.001
13441	13441	shall serve on the comptroller, by personal service of citation, a
13442	13442	certified copy of the court order not later than the fifth day after
13443	13443	the date the order is issued. (Tex. Prob. Code, Sec. 428.)
13444	13444	Sec. 551.006. COMPTROLLER'S RECEIPT. (a) An executor or
13445	13445	administrator who pays to the comptroller under this subchapter any
13446	13446	funds of the estate represented by the executor or administrator
13447	13447	shall:
13448	13448	(1) obtain from the comptroller a receipt for the
13449	13449	payment, with official seal attached; and
13450	13450	(2) file the receipt with the clerk of the court that
13451	13451	orders the payment.
13452	13452	(b) The court clerk shall record the comptroller's receipt
13453	13453	in the minutes of the court. (Tex. Prob. Code, Sec. 430.)
13454	13454	[Sections 551.007-551.050 reserved for expansion]
13455	13455	SUBCHAPTER B. RECOVERY OF FUNDS PAID TO STATE
13456	13456	Sec. 551.051. RECOVERY OF FUNDS. If funds of an estate have
13457	13457	been paid to the comptroller under this chapter, an heir or devisee
13458	13458	or an assignee of an heir or devisee may recover the share of the
13459	13459	funds to which the heir, devisee, or assignee is entitled. (Tex.
13460	13460	Prob. Code, Sec. 433(a) (part).)
13461	13461	Sec. 551.052. ACTION FOR RECOVERY. (a) A person claiming
13462	13462	funds under Section 551.051 must bring an action, on or before the
13463	13463	fourth anniversary of the date of the order requiring payment under
13464	13464	this chapter to the comptroller, by filing a petition in the
13465	13465	district court of Travis County against the comptroller. The
13466	13466	petition must set forth:
13467	13467	(1) the plaintiff's right to the funds; and
13468	13468	(2) the amount claimed by the plaintiff.
13469	13469	(b) On the filing of a petition under Subsection (a), the
13470	13470	court clerk shall issue a citation for the comptroller to appear and
13471	13471	represent the interest of this state in the action. The citation
13472	13472	must be served by personal service.
13473	13473	(c) Proceedings in an action brought under this section are
13474	13474	governed by the rules applicable to other civil actions. (Tex.
13475	13475	Prob. Code, Secs. 433(a) (part), (b) (part), (c) (part).)
13476	13476	Sec. 551.053. JUDGMENT. (a) If a plaintiff establishes the
13477	13477	plaintiff's right to funds claimed under this subchapter, the court
13478	13478	shall award a judgment that specifies the amount to which the
13479	13479	plaintiff is entitled.
13480	13480	(b) A certified copy of the judgment constitutes sufficient
13481	13481	authority for the comptroller to pay the judgment. (Tex. Prob.
13482	13482	Code, Sec. 433(c) (part).)
13483	13483	Sec. 551.054. PAYMENT OF COSTS. The costs of an action
13484	13484	brought under this subchapter shall be adjudged against the
13485	13485	plaintiff. The plaintiff may be required to secure the costs.
13486	13486	(Tex. Prob. Code, Sec. 433(d).)
13487	13487	Sec. 551.055. REPRESENTATION OF COMPTROLLER. As the
13488	13488	comptroller elects and with the approval of the attorney general,
13489	13489	the attorney general, the county attorney or criminal district
13490	13490	attorney for the county, or the district attorney for the district
13491	13491	shall represent the comptroller in an action brought under this
13492	13492	subchapter. (Tex. Prob. Code, Sec. 433(b) (part).)
13493	13493	[Sections 551.056-551.100 reserved for expansion]
13494	13494	SUBCHAPTER C. PENALTIES; ENFORCEMENT
13495	13495	Sec. 551.101. LIABILITY OF COURT CLERK; PENALTY. (a) A
13496	13496	court clerk who fails to timely comply with Section 551.005(b) is
13497	13497	liable for a $100 penalty.
13498	13498	(b) The penalty under Subsection (a) shall be recovered
13499	13499	through an action brought in the name of this state, after personal
13500	13500	service of citation, on the information of any resident. Half of
13501	13501	the penalty shall be paid to the informer and the other half to this
13502	13502	state. (Tex. Prob. Code, Sec. 429.)
13503	13503	Sec. 551.102. DAMAGES FOR FAILURE TO MAKE PAYMENTS. (a) An
13504	13504	executor or administrator who fails to pay funds of an estate to the
13505	13505	comptroller as required by an order under Section 551.001 on or
13506	13506	before the 30th day after the date of the order is liable, after
13507	13507	personal service of citation charging that failure and after proof
13508	13508	of the failure, for damages. The damages:
13509	13509	(1) accrue at the rate of five percent of the amount of
13510	13510	the funds per month for each month or fraction of a month after the
13511	13511	30th day after the date of the order that the executor or
13512	13512	administrator fails to make the payment; and
13513	13513	(2) must be paid to the comptroller out of the
13514	13514	executor's or administrator's own estate.
13515	13515	(b) Damages under this section may be recovered in any court
13516	13516	of competent jurisdiction. (Tex. Prob. Code, Sec. 431.)
13517	13517	Sec. 551.103. ENFORCEMENT OF PAYMENT AND DAMAGES; RECOVERY
13518	13518	ON BOND. (a) The comptroller may apply in the name of this state to
13519	13519	the court that issued an order for the payment of funds of an estate
13520	13520	under this chapter to enforce the payment of:
13521	13521	(1) funds the executor or administrator has failed to
13522	13522	pay to the comptroller under the order; and
13523	13523	(2) any damages that have accrued under Section
13524	13524	551.102.
13525	13525	(b) The court shall enforce the payment under Subsection (a)
13526	13526	in the manner prescribed for enforcement of other payment orders.
13527	13527	(c) In addition to the action under Subsection (a), the
13528	13528	comptroller may bring an action in the name of this state against
13529	13529	the executor or administrator and the sureties on the executor's or
13530	13530	administrator's bond for the recovery of the funds ordered to be
13531	13531	paid and any accrued damages.
13532	13532	(d) The county attorney or criminal district attorney for
13533	13533	the county, the district attorney for the district, or the attorney
13534	13534	general, at the election of the comptroller and with the approval of
13535	13535	the attorney general, shall represent the comptroller in all
13536	13536	proceedings under this section, and shall also represent the
13537	13537	interests of this state in all other matters arising under this
13538	13538	code. (Tex. Prob. Code, Sec. 432.)
13539	13539	[Chapters 552-600 reserved for expansion]
13540	13540	SUBTITLE M. DURABLE POWERS OF ATTORNEY
13541	13541	[Chapters 601-650 reserved for expansion]
13542	13542	[Subtitles N-W reserved for expansion]
13543	13543	SUBTITLE X. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND COURTS
13544	13544	CHAPTER I. GENERAL PROVISIONS
13545	13545	[Reserved for expansion]
13546	13546	SUBTITLE Y. TEXAS PROBATE CODE: INDEPENDENT ADMINISTRATION
13547	13547	CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION
13548	13548	PART 4. INDEPENDENT ADMINISTRATION
13549	13549	[Reserved for expansion]
13550	13550	SUBTITLE Z. TEXAS PROBATE CODE: DURABLE POWERS OF ATTORNEY
13551	13551	[Reserved for expansion]
13552	13552	[Titles 3-24 reserved for expansion]
13553	13553	TITLE 25. TEXAS PROBATE CODE: GUARDIANSHIP
13554	13554	[Reserved for expansion]
13555	13555	SECTION 2. TRANSFER AND REDESIGNATION. Sections 2, 4, 5,
13556	13556	5A, 5B, 5C, 6, and 8, Texas Probate Code, are transferred to Chapter
13557	13557	I, Subtitle X, Title 2, Estates Code, as added by Section 1 of this
13558	13558	Act, and redesignated as Sections 2, 4, 5, 5A, 5B, 5C, 6, and 8,
13559	13559	Estates Code, respectively.
13560	13560	SECTION 3. TRANSFER AND REDESIGNATION. Sections 145
13561	13561	through 154A, Texas Probate Code, are transferred to Part 4,
13562	13562	Chapter VI, Subtitle Y, Title 2, Estates Code, as added by Section 1
13563	13563	of this Act, and redesignated as Sections 145 through 154A, Estates
13564	13564	Code, respectively.
13565	13565	SECTION 4. TRANSFER AND REDESIGNATION. Chapter XII, Texas
13566	13566	Probate Code, is transferred to Subtitle Z, Title 2, Estates Code,
13567	13567	as added by Section 1 of this Act, and Sections 481 through 506 of
13568	13568	that chapter are redesignated as Sections 481 through 506, Estates
13569	13569	Code, respectively.
13570	13570	SECTION 5. TRANSFER AND REDESIGNATION. Chapter XIII, Texas
13571	13571	Probate Code, is transferred to Title 25, Estates Code, as added by
13572	13572	Section 1 of this Act, and redesignated as Chapter XIII of that
13573	13573	title, and Sections 601 through 905 of that chapter are
13574	13574	redesignated as Sections 601 through 905, Estates Code,
13575	13575	respectively.
13576	13576	SECTION 6. CONFORMING AMENDMENT. Section 2, Texas Probate
13577	13577	Code, redesignated as Section 2, Estates Code, by Section 2 of this
13578	13578	Act, is amended to read as follows:
13579	13579	Sec. 2. EFFECTIVE DATE AND APPLICATION. [(a) Effective Date.
13580	13580	This Code shall take effect and be in force on and after January 1,
13581	13581	1956. The procedure herein prescribed shall govern all probate
13582	13582	proceedings in county and probate courts brought after the
13583	13583	effective date of this Act, and also all further procedure in
13584	13584	proceedings in probate then pending, except to the extent that in
13585	13585	the opinion of the court, with respect to proceedings in probate
13586	13586	then pending, its application in particular proceedings or parts
13587	13587	thereof would not be feasible or would work injustice, in which
13588	13588	event the former procedure shall apply.
13589	13589	[(b) Rights Not Affected. No act done in any proceeding
13590	13590	commenced before this Code takes effect, and no accrued right,
13591	13591	shall be impaired by the provisions of this Code. When a right is
13592	13592	acquired, extinguished, or barred upon the expiration of a
13593	13593	prescribed period of time which has commenced to run by the
13594	13594	provision of any statute in force before this Code takes effect,
13595	13595	such provision shall remain in force and be deemed a part of this
13596	13596	Code with respect to such right. All things properly done under any
13597	13597	previously existing statute prior to the taking effect of this Code
13598	13598	shall be treated as valid. Where citation or other process or
13599	13599	notice is issued and served in compliance with existing statutes
13600	13600	prior to the taking effect of this Code, the party upon whom such
13601	13601	citation or other process has been served shall have the time
13602	13602	provided for under such previously existing statutes in which to
13603	13603	comply therewith.
13604	13604	[(c) Subdivisions Have No Legal Effect. The division of this
13605	13605	Code into Chapters, Parts, Sections, Subsections, and Paragraphs is
13606	13606	solely for convenience and shall have no legal effect.
13607	13607	[(d) Severability. If any provision of this Code, or the
13608	13608	application thereof to any person or circumstance, is held invalid,
13609	13609	such invalidity shall not affect other provisions or applications
13610	13610	of the Code which can be given effect without the invalid provision
13611	13611	or application, and to this end the provisions of this Code are
13612	13612	declared to be severable, and the Legislature hereby states that it
13613	13613	would have enacted such portions of the Code which can lawfully be
13614	13614	given effect regardless of the possible invalidity of other
13615	13615	provisions of the Code.]
13616	13616	(e) Nature of Proceeding. The administration of the estate
13617	13617	of a decedent, from the filing of the application for probate and
13618	13618	administration, or for administration, until the decree of final
13619	13619	distribution and the discharge of the last personal representative,
13620	13620	shall be considered as one proceeding for purposes of jurisdiction.
13621	13621	The entire proceeding is a proceeding in rem.
13622	13622	SECTION 7. CONFORMING AMENDMENT. Section 145(q), Texas
13623	13623	Probate Code, redesignated as Section 145(q), Estates Code, by
13624	13624	Section 3 of this Act, is amended to read as follows:
13625	13625	(q) Absent proof of fraud or collusion on the part of a
13626	13626	judge, no judge may be held civilly liable for the commission of
13627	13627	misdeeds or the omission of any required act of any person, firm, or
13628	13628	corporation designated as an independent executor or independent
13629	13629	administrator under Subsections (c), (d), and (e) of the section.
13630	13630	[Section 36 of this code does not apply to the appointment of an
13631	13631	independent executor or administrator under Subsection (c), (d), or
13632	13632	(e) of this section.]
13633	13633	SECTION 8. CONFORMING AMENDMENT. Section 154A(i), Texas
13634	13634	Probate Code, redesignated as Section 154A(i), Estates Code, by
13635	13635	Section 3 of this Act, is amended to read as follows:
13636	13636	(i) Absent proof of fraud or collusion on the part of a
13637	13637	judge, the judge may not be held civilly liable for the commission
13638	13638	of misdeeds or the omission of any required act of any person, firm,
13639	13639	or corporation designated as a successor independent executor under
13640	13640	this section. [Section 36 of this code does not apply to an
13641	13641	appointment of a successor independent executor under this
13642	13642	section.]
13643	13643	SECTION 9. CONFORMING AMENDMENT. Section 490(a), Texas
13644	13644	Probate Code, redesignated as Section 490(a), Estates Code, by
13645	13645	Section 4 of this Act, is amended to read as follows:
13646	13646	(a) The following form is known as a "statutory durable
13647	13647	power of attorney." A person may use a statutory durable power of
13648	13648	attorney to grant an attorney in fact or agent powers with respect
13649	13649	to a person's property and financial matters. A power of attorney
13650	13650	in substantially the following form has the meaning and effect
13651	13651	prescribed by this chapter. The validity of a power of attorney as
13652	13652	meeting the requirements of a statutory durable power of attorney
13653	13653	is not affected by the fact that one or more of the categories of
13654	13654	optional powers listed in the form are struck or the form includes
13655	13655	specific limitations on or additions to the attorney in fact's or
13656	13656	agent's powers.
13657	13657	The following form is not exclusive, and other forms of power
13658	13658	of attorney may be used.
13659	13659	STATUTORY DURABLE POWER OF ATTORNEY
13660	13660	NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
13661	13661	THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER
13662	13662	XII, ESTATES [TEXAS PROBATE] CODE. IF YOU HAVE ANY QUESTIONS ABOUT
13663	13663	THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT
13664	13664	AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS
13665	13665	FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO
13666	13666	DO SO.
13667	13667	I, __________ (insert your name and address), appoint
13668	13668	__________ (insert the name and address of the person appointed) as
13669	13669	my agent (attorney-in-fact) to act for me in any lawful way with
13670	13670	respect to all of the following powers except for a power that I
13671	13671	have crossed out below.
13672	13672	TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER
13673	13673	WITHHELD.
13674	13674	Real property transactions;
13675	13675	Tangible personal property transactions;
13676	13676	Stock and bond transactions;
13677	13677	Commodity and option transactions;
13678	13678	Banking and other financial institution transactions;
13679	13679	Business operating transactions;
13680	13680	Insurance and annuity transactions;
13681	13681	Estate, trust, and other beneficiary transactions;
13682	13682	Claims and litigation;
13683	13683	Personal and family maintenance;
13684	13684	Benefits from social security, Medicare, Medicaid, or other
13685	13685	governmental programs or civil or military service;
13686	13686	Retirement plan transactions;
13687	13687	Tax matters.
13688	13688	IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL
13689	13689	BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY
13690	13690	AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO
13691	13691	PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I
13692	13692	WERE PERSONALLY PRESENT.
13693	13693	SPECIAL INSTRUCTIONS:
13694	13694	Special instructions applicable to gifts (initial in front of
13695	13695	the following sentence to have it apply):
13696	13696	I grant my agent (attorney in fact) the power to apply my
13697	13697	property to make gifts, except that the amount of a gift to an
13698	13698	individual may not exceed the amount of annual exclusions allowed
13699	13699	from the federal gift tax for the calendar year of the gift.
13700	13700	ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
13701	13701	LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
13702	13702	________________________________________________________________
13703	13703	________________________________________________________________
13704	13704	________________________________________________________________
13705	13705	________________________________________________________________
13706	13706	________________________________________________________________
13707	13707	________________________________________________________________
13708	13708	________________________________________________________________
13709	13709	________________________________________________________________
13710	13710	________________________________________________________________
13711	13711	UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
13712	13712	EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
13713	13713	CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
13714	13714	ALTERNATIVE NOT CHOSEN:
13715	13715	(A) This power of attorney is not affected by my subsequent
13716	13716	disability or incapacity.
13717	13717	(B) This power of attorney becomes effective upon my
13718	13718	disability or incapacity.
13719	13719	YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
13720	13720	IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
13721	13721	IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
13722	13722	YOU CHOSE ALTERNATIVE (A).
13723	13723	If Alternative (B) is chosen and a definition of my
13724	13724	disability or incapacity is not contained in this power of
13725	13725	attorney, I shall be considered disabled or incapacitated for
13726	13726	purposes of this power of attorney if a physician certifies in
13727	13727	writing at a date later than the date this power of attorney is
13728	13728	executed that, based on the physician's medical examination of me,
13729	13729	I am mentally incapable of managing my financial affairs. I
13730	13730	authorize the physician who examines me for this purpose to
13731	13731	disclose my physical or mental condition to another person for
13732	13732	purposes of this power of attorney. A third party who accepts this
13733	13733	power of attorney is fully protected from any action taken under
13734	13734	this power of attorney that is based on the determination made by a
13735	13735	physician of my disability or incapacity.
13736	13736	I agree that any third party who receives a copy of this
13737	13737	document may act under it. Revocation of the durable power of
13738	13738	attorney is not effective as to a third party until the third party
13739	13739	receives actual notice of the revocation. I agree to indemnify the
13740	13740	third party for any claims that arise against the third party
13741	13741	because of reliance on this power of attorney.
13742	13742	If any agent named by me dies, becomes legally disabled,
13743	13743	resigns, or refuses to act, I name the following (each to act alone
13744	13744	and successively, in the order named) as successor(s) to that
13745	13745	agent: __________.
13746	13746	Signed this ______ day of __________, [19]_____________
13747	13747	___________________________
13748	13748	(your signature)
13749	13749	State of _______________________
13750	13750	County of ______________________
13751	13751	This document was acknowledged before me on ____________(date) by
13752	13752	________________________
13753	13753	(name of principal)
13754	13754	______________________________
13755	13755	(signature of notarial officer)
13756	13756	(Seal, if any, of notary) _____________________________________
13757	13757	(printed name)
13758	13758	My commission expires: _____________
13759	13759	THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
13760	13760	THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
13761	13761	RESPONSIBILITIES OF AN AGENT.
13762	13762	SECTION 10. REPEALER. (a) Sections 3, 9, 10, 10A, 10B, 10C,
13763	13763	11, 11A, 12, 13, 14, 15, 16, 17, 17A, 18, 19, 20, 21, 22, 23, 24, 25,
13764	13764	26, 27, 28, 29, 31, 32, 33, 34, 34A, 35, 36, 36B, 36C, 36D, 36E, 36F,
13765	13765	37, 37A, 37B, 37C, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 47A, 48,
13766	13766	49, 50, 51, 52, 52A, 53, 53A, 53B, 53C, 53D, 53E, 54, 55, 56, 57, 58,
13767	13767	58a, 58b, 58c, 59, 59A, 60, 61, 62, 63, 67, 68, 69, 69A, 70, 70A, 71,
13768	13768	71A, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88,
13769	13769	89, 89A, 89B, 89C, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,
13770	13770	102, 103, 104, 105, 105A, 106, 107, 107A, 108, 109, 110, 111, 112,
13771	13771	113, 114, 115, 128, 128A, 128B, 129, 129A, 131A, 132, 133, 134, 135,
13772	13772	137, 138, 139, 140, 141, 142, 143, 155, 156, 160, 168, 176, 177,
13773	13773	178, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 192, 194,
13774	13774	195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207,
13775	13775	208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221,
13776	13776	221A, 221B, 222, 222A, 223, 224, 225, 226, 227, 230, 232, 233, 233A,
13777	13777	234, 235, 238, 238A, 239, 240, 241, 242, 243, 244, 245, 249, 250,
13778	13778	251, 252, 253, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264,
13779	13779	265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277,
13780	13780	278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290,
13781	13781	291, 292, 293, 294, 295, 296, 297, 298, 299, 301, 302, 303, 304,
13782	13782	306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
13783	13783	319, 320, 320A, 321, 322, 322A, 322B, 323, 324, 326, 328, 329, 331,
13784	13784	332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 344, 345,
13785	13785	345A, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357,
13786	13786	358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370,
13787	13787	371, 372, 373, 374, 375, 377, 378, 378A, 378B, 379, 380, 381, 382,
13788	13788	384, 385, 386, 387, 398A, 399, 400, 401, 402, 403, 404, 405, 405A,
13789	13789	406, 407, 408, 409, 410, 412, 414, 427, 428, 429, 430, 431, 432,
13790	13790	433, 436, 437, 438, 438A, 439, 439A, 440, 441, 442, 443, 444, 445,
13791	13791	446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458,
13792	13792	459, 460, 461, 462, 471, 472, and 473, Texas Probate Code, are
13793	13793	repealed.
13794	13794	(b) Section 248, Texas Probate Code, as amended by Chapters
13795	13795	701 (S.B. 347) and 765 (H.B. 3434), Acts of the 79th Legislature,
13796	13796	Regular Session, 2005, is repealed.
13797	13797	SECTION 11. LEGISLATIVE INTENT. This Act is enacted under
13798	13798	Section 43, Article III, Texas Constitution. This Act is intended
13799	13799	as a recodification only, and no substantive change in law is
13800	13800	intended by this Act.
13801	13801	SECTION 12. EFFECTIVE DATE. This Act takes effect January
13802	13802	1, 2014.
13803	13803	______________________________ ______________________________
13804	13804	President of the Senate Speaker of the House
13805	13805	I certify that H.B. No. 2502 was passed by the House on April
13806	13806	24, 2009, by the following vote: Yeas 138, Nays 0, 1 present, not
13807	13807	voting.
13808	13808	______________________________
13809	13809	Chief Clerk of the House
13810	13810	I certify that H.B. No. 2502 was passed by the Senate on May
13811	13811	26, 2009, by the following vote: Yeas 31, Nays 0.
13812	13812	______________________________
13813	13813	Secretary of the Senate
13814	13814	APPROVED: _____________________
13815	13815	Date
13816	13816	_____________________
13817	13817	Governor