Texas 2009 - 81st Regular

Texas Senate Bill SB2071 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6678 MTB-D
2	2	By: Duncan S.B. No. 2071
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the adoption of a nonsubstantive revision of provisions
8	8	of the Texas Probate Code relating to decedents' estates and the
9	9	redesignation of certain other provisions of the Texas Probate
10	10	Code, including conforming amendments and repeals.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. ESTATES AND GUARDIANSHIPS CODE. The Estates and
13	13	Guardianships Code is adopted to read as follows:
14	14	ESTATES AND GUARDIANSHIPS CODE
15	15	TITLE 1. GENERAL PROVISIONS
16	16	CHAPTER 21. PURPOSE AND CONSTRUCTION
17	17	CHAPTER 22. DEFINITIONS
18	18	[Chapters 23-30 reserved for expansion]
19	19	TITLE 2. ESTATES OF DECEDENTS
20	20	SUBTITLE A. SCOPE, JURISDICTION, AND COURTS
21	21	[Chapters 31-50 reserved for expansion]
22	22	SUBTITLE B. PROCEDURAL MATTERS
23	23	CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS
24	24	IN GENERAL
25	25	CHAPTER 52. FILING AND RECORDKEEPING
26	26	CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
27	27	CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
28	28	CHAPTER 55. COMPLAINTS AND CONTESTS
29	29	CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL
30	30	REPRESENTATIVE FOR SERVICE OF PROCESS
31	31	[Chapters 57-100 reserved for expansion]
32	32	SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION
33	33	OF DECEDENTS' PROPERTY IN GENERAL
34	34	CHAPTER 101. ESTATE ASSETS IN GENERAL
35	35	CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
36	36	[Chapters 103-110 reserved for expansion]
37	37	CHAPTER 111. NONPROBATE ASSETS IN GENERAL
38	38	CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
39	39	CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
40	40	[Chapters 114-120 reserved for expansion]
41	41	CHAPTER 121. SURVIVAL REQUIREMENTS
42	42	CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
43	43	CHAPTER 123. DISSOLUTION OF MARRIAGE
44	44	CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
45	45	[Chapters 125-150 reserved for expansion]
46	46	SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE
47	47	CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
48	48	CHAPTER 152. EMERGENCY INTERVENTION
49	49	[Chapters 153-200 reserved for expansion]
50	50	SUBTITLE E. INTESTATE SUCCESSION
51	51	CHAPTER 201. DESCENT AND DISTRIBUTION
52	52	CHAPTER 202. DETERMINATION OF HEIRSHIP
53	53	CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
54	54	CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
55	55	CHAPTER 205. SMALL ESTATE AFFIDAVIT
56	56	[Chapters 206-250 reserved for expansion]
57	57	SUBTITLE F. WILLS
58	58	CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS
59	59	RELATING TO WILLS
60	60	CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
61	61	CHAPTER 253. CHANGE AND REVOCATION OF WILLS
62	62	CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS
63	63	RELATING TO, WILLS
64	64	CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
65	65	CHAPTER 256. PROBATE OF WILLS GENERALLY
66	66	CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
67	67	CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
68	68	[Chapters 259-300 reserved for expansion]
69	69	SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE
70	70	AND OPENING OF ADMINISTRATION
71	71	CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY
72	72	OR OF ADMINISTRATION
73	73	[Chapter 302 reserved for expansion]
74	74	CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING
75	75	OF ADMINISTRATION
76	76	CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
77	77	CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
78	78	CHAPTER 306. GRANTING AND ISSUANCE OF LETTERS
79	79	CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND
80	80	ADMINISTRATORS
81	81	CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
82	82	CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
83	83	CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
84	84	[Chapters 311-350 reserved for expansion]
85	85	SUBTITLE H. CONTINUATION OF ADMINISTRATION
86	86	CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES
87	87	IN GENERAL
88	88	CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL
89	89	REPRESENTATIVES AND OTHERS
90	90	CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
91	91	CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM
92	92	ADMINISTRATION OF, CERTAIN ESTATES
93	93	CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
94	94	CHAPTER 356. SALE OF ESTATE PROPERTY
95	95	CHAPTER 357. RENTING ESTATE PROPERTY
96	96	CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
97	97	CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
98	98	CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
99	99	CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL
100	100	REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
101	101	CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
102	102	[Chapters 363-400 reserved for expansion]
103	103	SUBTITLE I. INDEPENDENT ADMINISTRATION
104	104	[Chapters 401-450 reserved for expansion]
105	105	SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION
106	106	OF CERTAIN ESTATES
107	107	CHAPTER 451. ORDER OF NO ADMINISTRATION
108	108	CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
109	109	CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
110	110	CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
111	111	[Chapters 455-500 reserved for expansion]
112	112	SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY
113	113	INSTRUMENTS, AND FIDUCIARIES
114	114	CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
115	115	CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
116	116	CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
117	117	CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN
118	118	TESTAMENTARY INSTRUMENT
119	119	CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES,
120	120	AND FIDUCIARIES
121	121	[Chapters 506-550 reserved for expansion]
122	122	SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY
123	123	CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
124	124	[Chapters 552-600 reserved for expansion]
125	125	SUBTITLE M. DURABLE POWERS OF ATTORNEY
126	126	[Chapters 601-650 reserved for expansion]
127	127	[Subtitles N-W reserved for expansion]
128	128	SUBTITLE X. TEXAS PROBATE CODE: SCOPE, JURISDICTION,
129	129	AND COURTS
130	130	CHAPTER I. GENERAL PROVISIONS
131	131	[Reserved for expansion]
132	132	SUBTITLE Y. TEXAS PROBATE CODE: INDEPENDENT ADMINISTRATION
133	133	CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION
134	134	PART 4. INDEPENDENT ADMINISTRATION
135	135	[Reserved for expansion]
136	136	SUBTITLE Z. TEXAS PROBATE CODE: DURABLE POWERS OF ATTORNEY
137	137	[Reserved for expansion]
138	138	[Titles 3-24 reserved for expansion]
139	139	TITLE 25. TEXAS PROBATE CODE: GUARDIANSHIP
140	140	[Reserved for expansion]
141	141	TITLE 1. GENERAL PROVISIONS
142	142	CHAPTER 21. PURPOSE AND CONSTRUCTION
143	143	Sec. 21.001. PURPOSE OF CODE
144	144	Sec. 21.002. CONSTRUCTION
145	145	Sec. 21.003. STATUTORY REFERENCES
146	146	Sec. 21.004. EFFECT OF DIVISION OF LAW
147	147	Sec. 21.005. APPLICABILITY OF CERTAIN LAWS
148	148	Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS
149	149	CHAPTER 21. PURPOSE AND CONSTRUCTION
150	150	Sec. 21.001. PURPOSE OF CODE. (a) This title and Subtitles
151	151	A through M, Title 2, are enacted as a part of the state's
152	152	continuing statutory revision program, begun by the Texas
153	153	Legislative Council in 1963 as directed by the legislature in the
154	154	law codified as Section 323.007, Government Code. The program
155	155	contemplates a topic-by-topic revision of the state's general and
156	156	permanent statute law without substantive change.
157	157	(b) Consistent with the objectives of the statutory
158	158	revision program, the purpose of this title and Subtitles A through
159	159	M, Title 2, is to make the law encompassed by this title and
160	160	Subtitles A through M, Title 2, more accessible and understandable
161	161	by:
162	162	(1) rearranging the statutes into a more logical
163	163	order;
164	164	(2) employing a format and numbering system designed
165	165	to facilitate citation of the law and to accommodate future
166	166	expansion of the law;
167	167	(3) eliminating repealed, duplicative,
168	168	unconstitutional, expired, executed, and other ineffective
169	169	provisions; and
170	170	(4) restating the law in modern American English to
171	171	the greatest extent possible.
172	172	(c) The provisions of Subtitles X, Y, and Z of Title 2 and
173	173	Title 25 are transferred from the Texas Probate Code and
174	174	redesignated as part of this code, but are not revised as part of
175	175	the state's continuing statutory revision program. (New.)
176	176	Sec. 21.002. CONSTRUCTION. Except as provided by Section
177	177	22.027, Chapter 311, Government Code (Code Construction Act),
178	178	applies to the construction of a provision of this title or Subtitle
179	179	A, B, C, D, E, F, G, H, I, J, K, L, or M, Title 2. That chapter does
180	180	not apply to the construction of a provision of Subtitle X, Y, or Z
181	181	of Title 2 or Title 25. (New.)
182	182	Sec. 21.003. STATUTORY REFERENCES. (a) A reference in a law
183	183	other than in this code to a statute or a part of a statute revised
184	184	by, or redesignated as part of, this code is considered to be a
185	185	reference to the part of this code that revises that statute or part
186	186	of that statute or contains the redesignated statute or part of the
187	187	statute, as applicable.
188	188	(b) A reference in Subtitle X, Y, or Z, Title 2, or Title 25
189	189	to a chapter, a part, a subpart, a section, or any portion of a
190	190	section "of this code" is a reference to the chapter, part, subpart,
191	191	section, or portion of a section as redesignated in the Estates and
192	192	Guardianships Code, except that:
193	193	(1) a reference in Subtitle X, Y, or Z, Title 2, or
194	194	Title 25 to Chapter I is a reference to Chapter I, Estates and
195	195	Guardianships Code, and to the revision of sections derived from
196	196	Chapter I, Texas Probate Code, and any reenactments and amendments
197	197	to those sections; and
198	198	(2) a reference in Subtitle X, Y, or Z, Title 2, or
199	199	Title 25 to a chapter, part, subpart, section, or portion of a
200	200	section that does not exist in the Estates and Guardianships Code is
201	201	a reference to the revision of the corresponding chapter, part,
202	202	subpart, section, or portion of a section of the Texas Probate Code
203	203	and any reenactments or amendments. (New.)
204	204	Sec. 21.004. EFFECT OF DIVISION OF LAW. The division of
205	205	this code into titles, subtitles, chapters, subchapters, parts,
206	206	subparts, sections, subsections, subdivisions, paragraphs, and
207	207	subparagraphs is for convenience and does not have any legal
208	208	effect. (Tex. Prob. Code, Sec. 2(c); New.)
209	209	Sec. 21.005. APPLICABILITY OF CERTAIN LAWS.
210	210	Notwithstanding Section 21.002 of this code and Section 311.002,
211	211	Government Code:
212	212	(1) Section 311.032(c), Government Code, applies to
213	213	Subtitles X, Y, and Z of Title 2 and Title 25; and
214	214	(2) Sections 311.005(4) and 311.012(b) and (c),
215	215	Government Code, apply to Subtitles X, Y, and Z of Title 2. (New.)
216	216	Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS. The
217	217	procedure prescribed by Title 2 governs all probate proceedings.
218	218	(Tex. Prob. Code, Sec. 2(a) (part).)
219	219	CHAPTER 22. DEFINITIONS
220	220	Sec. 22.001. APPLICABILITY OF DEFINITIONS
221	221	Sec. 22.002. AUTHORIZED CORPORATE SURETY
222	222	Sec. 22.003. CHARITABLE ORGANIZATION
223	223	Sec. 22.004. CHILD
224	224	Sec. 22.005. CLAIMS
225	225	Sec. 22.006. CORPORATE FIDUCIARY
226	226	Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND
227	227	STATUTORY PROBATE COURT
228	228	Sec. 22.008. DEVISE
229	229	Sec. 22.009. DEVISEE
230	230	Sec. 22.010. DISTRIBUTEE
231	231	Sec. 22.011. DOCKET
232	232	Sec. 22.012. ESTATE
233	233	Sec. 22.013. EXEMPT PROPERTY
234	234	Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE
235	235	Sec. 22.015. HEIR
236	236	Sec. 22.016. INCAPACITATED PERSON
237	237	Sec. 22.017. INDEPENDENT EXECUTOR
238	238	Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED
239	239	Sec. 22.019. JUDGE
240	240	Sec. 22.020. LEGACY
241	241	Sec. 22.021. LEGATEE
242	242	Sec. 22.022. MINOR
243	243	Sec. 22.023. MINUTES
244	244	Sec. 22.024. MORTGAGE; LIEN
245	245	Sec. 22.025. NET ESTATE
246	246	Sec. 22.026. NEXT OF KIN
247	247	Sec. 22.027. PERSON
248	248	Sec. 22.028. PERSONAL PROPERTY
249	249	Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS;
250	250	PROBATE
251	251	Sec. 22.030. REAL PROPERTY
252	252	Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE
253	253	Sec. 22.032. SURETY
254	254	Sec. 22.033. WARD
255	255	Sec. 22.034. WILL
256	256	CHAPTER 22. DEFINITIONS
257	257	Sec. 22.001. APPLICABILITY OF DEFINITIONS. (a) Except as
258	258	provided by Subsection (b), the definition for a term provided by
259	259	this chapter applies in this code unless a different meaning of the
260	260	term is otherwise apparent from the context in which the term is
261	261	used.
262	262	(b) If Chapter XIII provides a definition for a term that is
263	263	different from the definition provided by this chapter, the
264	264	definition for the term provided by Chapter XIII applies in that
265	265	chapter. (Tex. Prob. Code, Sec. 3 (part).)
266	266	Sec. 22.002. AUTHORIZED CORPORATE SURETY. "Authorized
267	267	corporate surety" means a domestic or foreign corporation
268	268	authorized to engage in business in this state for the purpose of
269	269	issuing surety, guaranty, or indemnity bonds that guarantee the
270	270	fidelity of an executor or administrator. (Tex. Prob. Code, Sec.
271	271	3(a).)
272	272	Sec. 22.003. CHARITABLE ORGANIZATION. "Charitable
273	273	organization" means:
274	274	(1) a nonprofit corporation, trust, community chest,
275	275	fund, foundation, or other entity that is:
276	276	(A) exempt from federal income tax under Section
277	277	501(a), Internal Revenue Code of 1986, by being described by
278	278	Section 501(c)(3) of that code; and
279	279	(B) organized and operated exclusively for:
280	280	(i) religious, charitable, scientific,
281	281	educational, or literary purposes;
282	282	(ii) testing for public safety;
283	283	(iii) preventing cruelty to children or
284	284	animals; or
285	285	(iv) promoting amateur sports competition;
286	286	or
287	287	(2) any other entity that is organized and operated
288	288	exclusively for the purposes listed in Section 501(c)(3), Internal
289	289	Revenue Code of 1986. (Tex. Prob. Code, Sec. 3(kk).)
290	290	Sec. 22.004. CHILD. (a) "Child" includes an adopted child,
291	291	regardless of whether the adoption occurred through:
292	292	(1) an existing or former statutory procedure; or
293	293	(2) acts of estoppel.
294	294	(b) The term "child" does not include a child who does not
295	295	have a presumed father unless a provision of this code expressly
296	296	states that a child who does not have a presumed father is included.
297	297	(Tex. Prob. Code, Sec. 3(b).)
298	298	Sec. 22.005. CLAIMS. "Claims" includes:
299	299	(1) liabilities of a decedent that survive the
300	300	decedent's death, including taxes, regardless of whether the
301	301	liabilities arise in contract or tort or otherwise;
302	302	(2) funeral expenses;
303	303	(3) the expense of a tombstone;
304	304	(4) expenses of administration;
305	305	(5) estate and inheritance taxes; and
306	306	(6) debts due such estates. (Tex. Prob. Code, Sec.
307	307	3(c).)
308	308	Sec. 22.006. CORPORATE FIDUCIARY. "Corporate fiduciary"
309	309	means a financial institution, as defined by Section 201.101,
310	310	Finance Code, that:
311	311	(1) is existing or engaged in business under the laws
312	312	of this state, another state, or the United States;
313	313	(2) has trust powers; and
314	314	(3) is authorized by law to act under the order or
315	315	appointment of a court of record, without giving bond, as receiver,
316	316	trustee, executor, administrator, or, although the financial
317	317	institution does not have general depository powers, depository for
318	318	any money paid into the court, or to become sole guarantor or surety
319	319	in or on any bond required to be given under the laws of this state.
320	320	(Tex. Prob. Code, Sec. 3(d).)
321	321	Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND
322	322	STATUTORY PROBATE COURT. (a) "Court" means and includes:
323	323	(1) a county court in the exercise of its probate
324	324	jurisdiction;
325	325	(2) a court created by statute and authorized to
326	326	exercise original probate jurisdiction; and
327	327	(3) a district court exercising original probate
328	328	jurisdiction in a contested matter.
329	329	(b) The terms "county court" and "probate court" are
330	330	synonymous and mean:
331	331	(1) a county court in the exercise of its probate
332	332	jurisdiction;
333	333	(2) a court created by statute and authorized to
334	334	exercise original probate jurisdiction; and
335	335	(3) a district court exercising probate jurisdiction
336	336	in a contested matter.
337	337	(c) "Statutory probate court" means a court created by
338	338	statute and designated as a statutory probate court under Chapter
339	339	25, Government Code. For purposes of this code, the term does not
340	340	include a county court at law exercising probate jurisdiction
341	341	unless the court is designated a statutory probate court under
342	342	Chapter 25, Government Code. (Tex. Prob. Code, Secs. 3(e), (g),
343	343	(ii).)
344	344	Sec. 22.008. DEVISE. "Devise":
345	345	(1) used as a noun, includes a testamentary
346	346	disposition of real property, personal property, or both; and
347	347	(2) used as a verb, means to dispose of real property,
348	348	personal property, or both, by will. (Tex. Prob. Code, Sec. 3(h).)
349	349	Sec. 22.009. DEVISEE. "Devisee" includes a legatee. (Tex.
350	350	Prob. Code, Sec. 3(i).)
351	351	Sec. 22.010. DISTRIBUTEE. "Distributee" means a person who
352	352	is entitled to a part of the estate of a decedent under a lawful will
353	353	or the statutes of descent and distribution. (Tex. Prob. Code, Sec.
354	354	3(j).)
355	355	Sec. 22.011. DOCKET. "Docket" means the probate docket.
356	356	(Tex. Prob. Code, Sec. 3(k).)
357	357	Sec. 22.012. ESTATE. "Estate" means a decedent's property,
358	358	as that property:
359	359	(1) exists originally and as the property changes in
360	360	form by sale, reinvestment, or otherwise;
361	361	(2) is augmented by any accretions and other additions
362	362	to the property, including any property to be distributed to the
363	363	decedent's representative by the trustee of a trust that terminates
364	364	on the decedent's death, and substitutions for the property; and
365	365	(3) is diminished by any decreases in or distributions
366	366	from the property. (Tex. Prob. Code, Sec. 3(l).)
367	367	Sec. 22.013. EXEMPT PROPERTY. "Exempt property" means the
368	368	property in a decedent's estate that is exempt from execution or
369	369	forced sale by the constitution or laws of this state, and any
370	370	allowance paid instead of that property. (Tex. Prob. Code, Sec.
371	371	3(m).)
372	372	Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE.
373	373	"Governmental agency of the state" means:
374	374	(1) a municipality;
375	375	(2) a county;
376	376	(3) a public school district;
377	377	(4) a special-purpose district or authority;
378	378	(5) a board, commission, department, office, or other
379	379	agency in the executive branch of state government, including an
380	380	institution of higher education, as defined by Section 61.003,
381	381	Education Code;
382	382	(6) the legislature or a legislative agency;
383	383	(7) the supreme court, the court of criminal appeals,
384	384	a court of appeals, or a district, county, or justice of the peace
385	385	court;
386	386	(8) a judicial agency having statewide jurisdiction;
387	387	and
388	388	(9) the State Bar of Texas. (Tex. Prob. Code, Sec.
389	389	3(ll).)
390	390	Sec. 22.015. HEIR. "Heir" means a person who is entitled
391	391	under the statutes of descent and distribution to a part of the
392	392	estate of a decedent who dies intestate. The term includes the
393	393	decedent's surviving spouse. (Tex. Prob. Code, Sec. 3(o).)
394	394	Sec. 22.016. INCAPACITATED PERSON. A person is
395	395	"incapacitated" if the person:
396	396	(1) is a minor;
397	397	(2) is an adult who, because of a physical or mental
398	398	condition, is substantially unable to:
399	399	(A) provide food, clothing, or shelter for
400	400	himself or herself;
401	401	(B) care for the person's own physical health; or
402	402	(C) manage the person's own financial affairs; or
403	403	(3) must have a guardian appointed for the person to
404	404	receive funds due the person from a governmental source. (Tex.
405	405	Prob. Code, Sec. 3(p).)
406	406	Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor"
407	407	means the personal representative of an estate under independent
408	408	administration as provided by Section 145. The term includes an
409	409	independent administrator. (Tex. Prob. Code, Sec. 3(q).)
410	410	Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED.
411	411	"Interested person" or "person interested" means:
412	412	(1) an heir, devisee, spouse, creditor, or any other
413	413	having a property right in or claim against an estate being
414	414	administered; and
415	415	(2) anyone interested in the welfare of an
416	416	incapacitated person, including a minor. (Tex. Prob. Code, Sec.
417	417	3(r).)
418	418	Sec. 22.019. JUDGE. "Judge" means the presiding judge of
419	419	any court having original jurisdiction over probate proceedings,
420	420	regardless of whether the court is:
421	421	(1) a county court in the exercise of its probate
422	422	jurisdiction;
423	423	(2) a court created by statute and authorized to
424	424	exercise probate jurisdiction; or
425	425	(3) a district court exercising probate jurisdiction
426	426	in a contested matter. (Tex. Prob. Code, Sec. 3(f).)
427	427	Sec. 22.020. LEGACY. "Legacy" includes a gift or devise of
428	428	real or personal property made by a will. (Tex. Prob. Code, Sec.
429	429	3(s) (part).)
430	430	Sec. 22.021. LEGATEE. "Legatee" includes a person who is
431	431	entitled to a legacy under a will. (Tex. Prob. Code, Sec. 3(s)
432	432	(part).)
433	433	Sec. 22.022. MINOR. "Minor" means a person younger than 18
434	434	years of age who:
435	435	(1) has never been married; and
436	436	(2) has not had the disabilities of minority removed
437	437	for general purposes. (Tex. Prob. Code, Sec. 3(t).)
438	438	Sec. 22.023. MINUTES. "Minutes" means the probate minutes.
439	439	(Tex. Prob. Code, Sec. 3(u).)
440	440	Sec. 22.024. MORTGAGE; LIEN. "Mortgage" and "lien"
441	441	include:
442	442	(1) a deed of trust;
443	443	(2) a vendor's lien, a mechanic's, materialman's, or
444	444	laborer's lien, an attachment or garnishment lien, and a federal or
445	445	state tax lien;
446	446	(3) a chattel mortgage;
447	447	(4) a judgment; and
448	448	(5) a pledge by hypothecation. (Tex. Prob. Code, Sec.
449	449	3(v).)
450	450	Sec. 22.025. NET ESTATE. "Net estate" means a decedent's
451	451	property excluding:
452	452	(1) homestead rights;
453	453	(2) exempt property;
454	454	(3) the family allowance; and
455	455	(4) an enforceable claim against the decedent's
456	456	estate. (Tex. Prob. Code, Sec. 3(w).)
457	457	Sec. 22.026. NEXT OF KIN. "Next of kin" includes:
458	458	(1) an adopted child or the adopted child's
459	459	descendants; and
460	460	(2) the adoptive parent of the adopted child. (Tex.
461	461	Prob. Code, Sec. 3(jj).)
462	462	Sec. 22.027. PERSON. (a) "Person" includes a natural
463	463	person and a corporation.
464	464	(b) The definition of "person" assigned by Section 311.005,
465	465	Government Code, does not apply to any provision in this code.
466	466	(Tex. Prob. Code, Sec. 3(x); New.)
467	467	Sec. 22.028. PERSONAL PROPERTY. "Personal property"
468	468	includes an interest in:
469	469	(1) goods;
470	470	(2) money;
471	471	(3) a chose in action;
472	472	(4) an evidence of debt; and
473	473	(5) a real chattel. (Tex. Prob. Code, Sec. 3(z).)
474	474	Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS;
475	475	PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE. The terms "probate
476	476	matter," "probate proceedings," "proceeding in probate," and
477	477	"proceedings for probate" are synonymous and include a matter or
478	478	proceeding relating to a decedent's estate. (Tex. Prob. Code, Sec.
479	479	3(bb).)
480	480	Sec. 22.030. REAL PROPERTY. "Real property" includes
481	481	estates and interests in land, whether corporeal or incorporeal or
482	482	legal or equitable. The term does not include a real chattel.
483	483	(Tex. Prob. Code, Sec. 3(dd).)
484	484	Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE. (a)
485	485	"Representative" and "personal representative" include:
486	486	(1) an executor and independent executor;
487	487	(2) an administrator, independent administrator, and
488	488	temporary administrator; and
489	489	(3) a successor to an executor or administrator listed
490	490	in Subdivision (1) or (2).
491	491	(b) The inclusion of an independent executor in Subsection
492	492	(a) may not be construed to subject an independent executor to the
493	493	control of the courts in probate matters with respect to settlement
494	494	of estates, except as expressly provided by law. (Tex. Prob. Code,
495	495	Sec. 3(aa).)
496	496	Sec. 22.032. SURETY. "Surety" includes a personal surety
497	497	and a corporate surety. (Tex. Prob. Code, Sec. 3(ee).)
498	498	Sec. 22.033. WARD. "Ward" means a person for whom a
499	499	guardian has been appointed. (Tex. Prob. Code, Sec. 3(mm).)
500	500	Sec. 22.034. WILL. "Will" includes:
501	501	(1) a codicil; and
502	502	(2) a testamentary instrument that merely:
503	503	(A) appoints an executor or guardian;
504	504	(B) directs how property may not be disposed of;
505	505	or
506	506	(C) revokes another will. (Tex. Prob. Code, Sec.
507	507	3(ff).)
508	508	[Chapters 23-30 reserved for expansion]
509	509	TITLE 2. ESTATES OF DECEDENTS
510	510	SUBTITLE A. SCOPE, JURISDICTION, AND COURTS
511	511	[Chapters 31-50 reserved for expansion]
512	512	SUBTITLE B. PROCEDURAL MATTERS
513	513	CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL
514	514	SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
515	515	Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL
516	516	Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS
517	517	Sec. 51.003. CONTENTS OF CITATION OR NOTICE
518	518	[Sections 51.004-51.050 reserved for expansion]
519	519	SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS
520	520	TO BE SERVED
521	521	Sec. 51.051. PERSONAL SERVICE
522	522	Sec. 51.052. SERVICE BY MAIL
523	523	Sec. 51.053. SERVICE BY POSTING
524	524	Sec. 51.054. SERVICE BY PUBLICATION
525	525	Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD
526	526	Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR
527	527	RECEIVER
528	528	[Sections 51.057-51.100 reserved for expansion]
529	529	SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
530	530	Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR
531	531	NOTICE SERVED BY PERSONAL SERVICE
532	532	Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON
533	533	CITATION OR NOTICE SERVED BY POSTING
534	534	Sec. 51.103. PROOF OF SERVICE
535	535	Sec. 51.104. RETURN TO COURT
536	536	[Sections 51.105-51.150 reserved for expansion]
537	537	SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
538	538	Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND
539	539	RETURN UNDER CERTAIN CIRCUMSTANCES
540	540	[Sections 51.152-51.200 reserved for expansion]
541	541	SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS
542	542	Sec. 51.201. WAIVER OF NOTICE OF HEARING
543	543	Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING
544	544	Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE
545	545	DEPOSITIONS IN CERTAIN MATTERS
546	546	CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL
547	547	SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
548	548	Sec. 51.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL. (a)
549	549	Except as provided by Subsection (b), a person is not required to be
550	550	cited or otherwise given notice except in a situation in which this
551	551	title expressly provides for citation or the giving of notice.
552	552	(b) If this title does not expressly provide for citation or
553	553	the issuance or return of notice in a probate matter, the court may
554	554	require that notice be given. A court that requires that notice be
555	555	given may prescribe the form and manner of service of the notice and
556	556	the return of service.
557	557	(c) Unless a court order is required by this title, the
558	558	county clerk without a court order shall issue:
559	559	(1) necessary citations, writs, and other process in a
560	560	probate matter; and
561	561	(2) all notices not required to be issued by a personal
562	562	representative. (Tex. Prob. Code, Secs. 33(a), (b).)
563	563	Sec. 51.002. DIRECTION OF WRIT OR OTHER PROCESS. (a) A
564	564	writ or other process other than a citation or notice must be
565	565	directed "To any sheriff or constable within the State of Texas."
566	566	(b) Notwithstanding Subsection (a), a writ or other process
567	567	other than a citation or notice may not be held defective because
568	568	the process is directed to the sheriff or a constable of a named
569	569	county if the process is properly served within that county by the
570	570	sheriff or constable. (Tex. Prob. Code, Sec. 33(c) (part).)
571	571	Sec. 51.003. CONTENTS OF CITATION OR NOTICE. (a) A
572	572	citation or notice must:
573	573	(1) be directed to the person to be cited or notified;
574	574	(2) be dated;
575	575	(3) state the style and number of the proceeding;
576	576	(4) state the court in which the proceeding is
577	577	pending;
578	578	(5) describe generally the nature of the proceeding or
579	579	matter to which the citation or notice relates;
580	580	(6) direct the person being cited or notified to
581	581	appear by filing a written contest or answer or to perform another
582	582	required action; and
583	583	(7) state when and where the appearance or performance
584	584	described by Subdivision (6) is required.
585	585	(b) A citation or notice issued by the county clerk must be
586	586	styled "The State of Texas" and be signed by the clerk under the
587	587	clerk's seal.
588	588	(c) A notice required to be given by a personal
589	589	representative must be in writing and be signed by the
590	590	representative in the representative's official capacity.
591	591	(d) A citation or notice is not required to contain a
592	592	precept directed to an officer, but may not be held defective
593	593	because the citation or notice contains a precept directed to an
594	594	officer authorized to serve the citation or notice. (Tex. Prob.
595	595	Code, Sec. 33(c) (part).)
596	596	[Sections 51.004-51.050 reserved for expansion]
597	597	SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS
598	598	TO BE SERVED
599	599	Sec. 51.051. PERSONAL SERVICE. (a) Except as otherwise
600	600	provided by Subsection (b), if personal service of citation or
601	601	notice is required, the citation or notice must be served on the
602	602	attorney of record for the person to be cited or notified.
603	603	Notwithstanding the requirement of personal service, service may be
604	604	made on that attorney by any method specified by Section 51.055 for
605	605	service on an attorney of record.
606	606	(b) If the person to be cited or notified does not have an
607	607	attorney of record in the proceeding, or if an attempt to serve the
608	608	person's attorney is unsuccessful:
609	609	(1) the sheriff or constable shall serve the citation
610	610	or notice by delivering a copy of the citation or notice to the
611	611	person to be cited or notified, in person, if the person to whom the
612	612	citation or notice is directed is in this state; or
613	613	(2) any disinterested person competent to make an oath
614	614	that the citation or notice was served may serve the citation or
615	615	notice, if the person to be cited or notified is absent from or is
616	616	not a resident of this state.
617	617	(c) The return day of the citation or notice served under
618	618	Subsection (b) must be at least 10 days after the date of service,
619	619	excluding the date of service.
620	620	(d) If citation or notice attempted to be served as provided
621	621	by Subsection (b) is returned with the notation that the person
622	622	sought to be served, whether inside or outside this state, cannot be
623	623	found, the county clerk shall issue a new citation or notice.
624	624	Service of the new citation or notice must be made by publication.
625	625	(Tex. Prob. Code, Sec. 33(f)(1) (part).)
626	626	Sec. 51.052. SERVICE BY MAIL. (a) The county clerk, or the
627	627	personal representative if required by statute or court order,
628	628	shall serve a citation or notice required or permitted to be served
629	629	by regular mail by mailing the original citation or notice to the
630	630	person to be cited or notified.
631	631	(b) Except as provided by Subsection (c), the county clerk
632	632	shall issue a citation or notice required or permitted to be served
633	633	by registered or certified mail and shall serve the citation or
634	634	notice by mailing the original citation or notice by registered or
635	635	certified mail.
636	636	(c) A personal representative shall issue a notice required
637	637	to be given by the representative by registered or certified mail
638	638	and shall serve the notice by mailing the original notice by
639	639	registered or certified mail.
640	640	(d) The county clerk or personal representative, as
641	641	applicable, shall mail a citation or notice under Subsection (b) or
642	642	(c) with an instruction to deliver the citation or notice to the
643	643	addressee only and with return receipt requested. The clerk or
644	644	representative, as applicable, shall address the envelope
645	645	containing the citation or notice to:
646	646	(1) the attorney of record in the proceeding for the
647	647	person to be cited or notified; or
648	648	(2) the person to be cited or notified, if the citation
649	649	or notice to the attorney is returned undelivered or the person to
650	650	be cited or notified has no attorney of record in the proceeding.
651	651	(e) Service by mail shall be made at least 20 days before the
652	652	return day of the service, excluding the date of service. The date
653	653	of service by mail is the date of mailing.
654	654	(f) A copy of a citation or notice served under Subsection
655	655	(a), (b), or (c), together with a certificate of the person serving
656	656	the citation or notice showing that the citation or notice was
657	657	mailed and the date of the mailing, shall be filed and recorded. A
658	658	returned receipt for a citation or notice served under Subsection
659	659	(b) or (c) shall be attached to the certificate.
660	660	(g) If a citation or notice served by mail is returned
661	661	undelivered, a new citation or notice shall be issued. Service of
662	662	the new citation or notice must be made by posting. (Tex. Prob.
663	663	Code, Sec. 33(f)(4).)
664	664	Sec. 51.053. SERVICE BY POSTING. (a) The county clerk
665	665	shall deliver the original and a copy of a citation or notice
666	666	required to be posted to the sheriff or a constable of the county in
667	667	which the proceeding is pending. The sheriff or constable shall
668	668	post the copy at the door of the county courthouse or the location
669	669	in or near the courthouse where public notices are customarily
670	670	posted.
671	671	(b) Citation or notice under this section must be posted for
672	672	at least 10 days before the return day of the service, excluding the
673	673	date of posting, except as provided by Section 51.102(b). The date
674	674	of service of citation or notice by posting is the date of posting.
675	675	(c) A sheriff or constable who posts a citation or notice
676	676	under this section shall return the original citation or notice to
677	677	the county clerk and state the date and location of the posting in a
678	678	written return on the citation or notice.
679	679	(d) The method of service prescribed by this section applies
680	680	when a personal representative is required or permitted to post a
681	681	notice. The notice must be:
682	682	(1) issued in the name of the representative;
683	683	(2) addressed and delivered to, and posted and
684	684	returned by, the appropriate officer; and
685	685	(3) filed with the county clerk. (Tex. Prob. Code,
686	686	Sec. 33(f)(2).)
687	687	Sec. 51.054. SERVICE BY PUBLICATION. (a) Citation or
688	688	notice to a person to be served by publication shall be published
689	689	one time in a newspaper of general circulation in the county in
690	690	which the proceeding is pending. The publication must be made at
691	691	least 10 days before the return day of the service, excluding the
692	692	date of publication.
693	693	(b) The date of service of citation or notice by publication
694	694	is the date of publication printed on the newspaper in which the
695	695	citation or notice is published.
696	696	(c) If no newspaper is published, printed, or of general
697	697	circulation in the county in which the citation or notice is to be
698	698	published, the citation or notice under Subsection (a) shall be
699	699	served by posting. (Tex. Prob. Code, Sec. 33(f)(3).)
700	700	Sec. 51.055. SERVICE ON PARTY'S ATTORNEY OF RECORD. (a) If
701	701	a party is represented by an attorney of record in a probate
702	702	proceeding, each citation or notice required to be served on the
703	703	party in that proceeding shall be served instead on that attorney.
704	704	A notice under this subsection may be served by delivery to the
705	705	attorney in person or by registered or certified mail.
706	706	(b) A notice may be served on an attorney of record under
707	707	this section by:
708	708	(1) another party to the proceeding;
709	709	(2) the attorney of record for another party to the
710	710	proceeding;
711	711	(3) the appropriate sheriff or constable; or
712	712	(4) any other person competent to testify.
713	713	(c) Each of the following is prima facie evidence of the
714	714	fact that service has been made under this section:
715	715	(1) the written statement of an attorney of record
716	716	showing service;
717	717	(2) the return of the officer showing service; and
718	718	(3) the affidavit of any other person showing service.
719	719	(Tex. Prob. Code, Sec. 34.)
720	720	Sec. 51.056. SERVICE ON PERSONAL REPRESENTATIVE OR
721	721	RECEIVER. Unless this title expressly provides for another method
722	722	of service, the county clerk who issues a citation or notice
723	723	required to be served on a personal representative or receiver
724	724	shall serve the citation or notice by mailing the original citation
725	725	or notice by registered or certified mail to:
726	726	(1) the representative's or receiver's attorney of
727	727	record; or
728	728	(2) the representative or receiver, if the
729	729	representative or receiver does not have an attorney of record.
730	730	(Tex. Prob. Code, Sec. 33(e).)
731	731	[Sections 51.057-51.100 reserved for expansion]
732	732	SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
733	733	Sec. 51.101. REQUIREMENTS FOR RETURN ON CITATION OR NOTICE
734	734	SERVED BY PERSONAL SERVICE. The return of the person serving a
735	735	citation or notice under Section 51.051 must:
736	736	(1) be endorsed on or attached to the citation or
737	737	notice;
738	738	(2) state the date and place of service;
739	739	(3) certify that a copy of the citation or notice was
740	740	delivered to the person directed to be served;
741	741	(4) be subscribed and sworn to before, and under the
742	742	hand and official seal of, an officer authorized by the laws of this
743	743	state to take an affidavit; and
744	744	(5) be returned to the county clerk who issued the
745	745	citation or notice. (Tex. Prob. Code, Sec. 33(f)(1) (part).)
746	746	Sec. 51.102. VALIDITY OF SERVICE AND RETURN ON CITATION OR
747	747	NOTICE SERVED BY POSTING. (a) A citation or notice in a probate
748	748	matter that is required to be served by posting and is issued in
749	749	conformity with this title, and the service and return of service of
750	750	the citation or notice, is valid if:
751	751	(1) a sheriff or constable posts a copy of the citation
752	752	or notice at the location or locations prescribed by this title; and
753	753	(2) the posting occurs on a day preceding the return
754	754	day of service specified in the citation or notice that provides
755	755	sufficient time for the period the citation or notice must be posted
756	756	to expire before the specified return day.
757	757	(b) The fact that a sheriff or constable, as applicable,
758	758	makes the return of service on the citation or notice described by
759	759	Subsection (a) and returns the citation or notice on which the
760	760	return has been made to the court before the expiration of the
761	761	period the citation or notice must be posted does not affect the
762	762	validity of the citation or notice or the service or return of
763	763	service. This subsection applies even if the sheriff or constable
764	764	makes the return of service and returns the citation or notice on
765	765	which the return is made to the court on the same day the citation or
766	766	notice is issued. (Tex. Prob. Code, Sec. 33(h).)
767	767	Sec. 51.103. PROOF OF SERVICE. (a) Proof of service in
768	768	each case requiring citation or notice must be filed before the
769	769	hearing.
770	770	(b) Proof of service consists of:
771	771	(1) if the service is made by a sheriff or constable,
772	772	the return of service;
773	773	(2) if the service is made by a private person, the
774	774	person's affidavit;
775	775	(3) if the service is made by mail:
776	776	(A) the certificate of the county clerk making
777	777	the service, or the affidavit of the personal representative or
778	778	other person making the service, stating that the citation or
779	779	notice was mailed and the date of the mailing; and
780	780	(B) the return receipt attached to the
781	781	certificate or affidavit, as applicable, if the mailing was by
782	782	registered or certified mail and a receipt has been returned; and
783	783	(4) if the service is made by publication, an
784	784	affidavit:
785	785	(A) made by the publisher of the newspaper in
786	786	which the citation or notice was published or an employee of the
787	787	publisher;
788	788	(B) that contains or to which is attached a copy
789	789	of the published citation or notice; and
790	790	(C) that states the date of publication printed
791	791	on the newspaper in which the citation or notice was published.
792	792	(Tex. Prob. Code, Sec. 33(i).)
793	793	Sec. 51.104. RETURN TO COURT. A citation or notice issued
794	794	by a county clerk must be returned to the court from which the
795	795	citation or notice was issued on the first Monday after the service
796	796	is perfected. (Tex. Prob. Code, Sec. 33(g).)
797	797	[Sections 51.105-51.150 reserved for expansion]
798	798	SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
799	799	Sec. 51.151. COURT-ORDERED ISSUANCE, SERVICE, AND RETURN
800	800	UNDER CERTAIN CIRCUMSTANCES. (a) A citation or notice required by
801	801	this title shall be issued, served, and returned in the manner
802	802	specified by written order of the court in accordance with this
803	803	title and the Texas Rules of Civil Procedure if:
804	804	(1) an interested person requests that action;
805	805	(2) a specific method is not provided by this title for
806	806	giving the citation or notice;
807	807	(3) a specific method is not provided by this title for
808	808	the service and return of citation or notice; or
809	809	(4) a provision relating to a matter described by
810	810	Subdivision (2) or (3) is inadequate.
811	811	(b) Citation or notice issued, served, and returned in the
812	812	manner specified by a court order as provided by Subsection (a) has
813	813	the same effect as if the manner of service and return had been
814	814	specified by this title. (Tex. Prob. Code, Sec. 33(d).)
815	815	[Sections 51.152-51.200 reserved for expansion]
816	816	SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS
817	817	Sec. 51.201. WAIVER OF NOTICE OF HEARING. (a) A legally
818	818	competent person who is interested in a hearing in a probate
819	819	proceeding may waive notice of the hearing in writing either in
820	820	person or through an attorney.
821	821	(b) A trustee of a trust may waive notice under Subsection
822	822	(a) on behalf of a beneficiary of the trust as provided by that
823	823	subsection.
824	824	(c) A consul or other representative of a foreign government
825	825	whose appearance has been entered as provided by law on behalf of a
826	826	person residing in a foreign country may waive notice under
827	827	Subsection (a) on the person's behalf as provided by that
828	828	subsection.
829	829	(d) A person who submits to the jurisdiction of the court in
830	830	a hearing is considered to have waived notice of the hearing. (Tex.
831	831	Prob. Code, Sec. 35.)
832	832	Sec. 51.202. REQUEST FOR NOTICE OF FILING OF PLEADING. (a)
833	833	At any time after an application is filed to commence a probate
834	834	proceeding, including a proceeding for the probate of a will, the
835	835	grant of letters testamentary or of administration, or a
836	836	determination of heirship, a person interested in the estate may
837	837	file with the county clerk a written request to be notified of all,
838	838	or any specified, motions, applications, or pleadings filed with
839	839	respect to the proceeding by any person or by one or more persons
840	840	specifically named in the request. A person filing a request under
841	841	this section is responsible for payment of the fees and other costs
842	842	of providing a requested notice, and the clerk may require a deposit
843	843	to cover the estimated costs of providing the notice. Thereafter,
844	844	the clerk shall send to the requestor by regular mail a copy of any
845	845	requested document.
846	846	(b) A county clerk's failure to comply with a request under
847	847	this section does not invalidate any proceeding. (Tex. Prob. Code,
848	848	Sec. 33(j).)
849	849	Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE
850	850	DEPOSITIONS IN CERTAIN MATTERS. (a) If a will is to be probated, or
851	851	in another probate matter in which there is no opposing party or
852	852	attorney of record on whom to serve notice and copies of
853	853	interrogatories, service may be made by posting notice of the
854	854	intention to take depositions for a period of 10 days as provided by
855	855	Section 51.053 governing a posting of notice.
856	856	(b) When notice by posting under Subsection (a) is filed
857	857	with the county clerk, a copy of the interrogatories must also be
858	858	filed.
859	859	(c) At the expiration of the 10-day period prescribed by
860	860	Subsection (a):
861	861	(1) commission may issue for taking the depositions
862	862	for which the notice was posted; and
863	863	(2) the judge may file cross-interrogatories if no
864	864	person appears. (Tex. Prob. Code, Sec. 22 (part).)
865	865	CHAPTER 52. FILING AND RECORDKEEPING
866	866	SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
867	867	Sec. 52.001. PROBATE DOCKET
868	868	Sec. 52.002. CLAIM DOCKET
869	869	Sec. 52.003. PROBATE FEE BOOK
870	870	Sec. 52.004. ALTERNATE RECORDKEEPING
871	871	[Sections 52.005-52.050 reserved for expansion]
872	872	SUBCHAPTER B. FILES; INDEX
873	873	Sec. 52.051. FILING PROCEDURES
874	874	Sec. 52.052. CASE FILES
875	875	Sec. 52.053. INDEX
876	876	CHAPTER 52. FILING AND RECORDKEEPING
877	877	SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
878	878	Sec. 52.001. PROBATE DOCKET. (a) The county clerk shall
879	879	maintain a record book titled "Judge's Probate Docket" and shall
880	880	record in the book:
881	881	(1) the name of each person with respect to whom, or
882	882	with respect to whose estate, proceedings are commenced or sought
883	883	to be commenced;
884	884	(2) the name of each executor, administrator, or
885	885	applicant for letters testamentary or of administration;
886	886	(3) the date each original application for probate
887	887	proceedings is filed;
888	888	(4) a minute of each order, judgment, decree, and
889	889	proceeding that occurs in each estate, including the date it
890	890	occurs; and
891	891	(5) the docket number of each estate as assigned under
892	892	Subsection (b).
893	893	(b) The county clerk shall assign a docket number to each
894	894	estate in the order proceedings are commenced. (Tex. Prob. Code,
895	895	Sec. 13 (part).)
896	896	Sec. 52.002. CLAIM DOCKET. (a) The county clerk shall
897	897	maintain a record book titled "Claim Docket" and shall record in the
898	898	book each claim that is presented against an estate for the court's
899	899	approval.
900	900	(b) The county clerk shall assign one or more pages of the
901	901	record book to each estate.
902	902	(c) The claim docket must be ruled in 16 columns at proper
903	903	intervals from top to bottom, with a short note of the contents at
904	904	the top of each column. The county clerk shall record for each
905	905	claim, in the order claims are filed, the following information in
906	906	the respective columns, beginning with the first or marginal
907	907	column:
908	908	(1) the name of the claimant;
909	909	(2) the amount of the claim;
910	910	(3) the date of the claim;
911	911	(4) the date the claim is filed;
912	912	(5) the date the claim is due;
913	913	(6) the date the claim begins bearing interest;
914	914	(7) the interest rate;
915	915	(8) the date the claim is allowed by the executor or
916	916	administrator, if applicable;
917	917	(9) the amount allowed by the executor or
918	918	administrator, if applicable;
919	919	(10) the date the claim is rejected, if applicable;
920	920	(11) the date the claim is approved, if applicable;
921	921	(12) the amount approved for the claim, if applicable;
922	922	(13) the date the claim is disapproved, if applicable;
923	923	(14) the class to which the claim belongs;
924	924	(15) the date the claim is established by a judgment of
925	925	a court, if applicable; and
926	926	(16) the amount of the judgment established under
927	927	Subdivision (15), if applicable. (Tex. Prob. Code, Sec. 14.)
928	928	Sec. 52.003. PROBATE FEE BOOK. (a) The county clerk shall
929	929	maintain a record book titled "Probate Fee Book" and shall record in
930	930	the book each item of cost that accrues to the officers of the court
931	931	and any witness fees.
932	932	(b) Each record entry must include:
933	933	(1) the party to whom the cost or fee is due;
934	934	(2) the date the cost or fee accrued;
935	935	(3) the estate or party liable for the cost or fee; and
936	936	(4) the date the cost or fee is paid. (Tex. Prob. Code,
937	937	Sec. 16.)
938	938	Sec. 52.004. ALTERNATE RECORDKEEPING. Instead of
939	939	maintaining the record books described by Sections 52.001, 52.002,
940	940	and 52.003, the county clerk may maintain the information described
941	941	by those sections relating to a person's or estate's probate
942	942	proceedings:
943	943	(1) on a computer file;
944	944	(2) on microfilm;
945	945	(3) in the form of a digitized optical image; or
946	946	(4) in another similar form of data compilation.
947	947	(Tex. Prob. Code, Sec. 17.)
948	948	[Sections 52.005-52.050 reserved for expansion]
949	949	SUBCHAPTER B. FILES; INDEX
950	950	Sec. 52.051. FILING PROCEDURES. (a) An application for a
951	951	probate proceeding, complaint, petition, or other paper permitted
952	952	or required by law to be filed with a court in a probate matter must
953	953	be filed with the county clerk of the appropriate county.
954	954	(b) Each paper filed in an estate must be given the docket
955	955	number assigned to the estate.
956	956	(c) On receipt of a paper described by Subsection (a), the
957	957	county clerk shall:
958	958	(1) file the paper; and
959	959	(2) endorse on the paper:
960	960	(A) the date the paper is filed;
961	961	(B) the docket number; and
962	962	(C) the clerk's official signature. (Tex. Prob.
963	963	Code, Secs. 11, 13(e) (part).)
964	964	Sec. 52.052. CASE FILES. (a) The county clerk shall
965	965	maintain a case file for the estate of each decedent for which a
966	966	probate proceeding has been filed.
967	967	(b) Each case file must contain each order, judgment, and
968	968	proceeding of the court and any other probate filing with the court,
969	969	including each:
970	970	(1) application for the probate of a will;
971	971	(2) application for the granting of administration;
972	972	(3) citation and notice, whether published or posted,
973	973	including the return on the citation or notice;
974	974	(4) will and the testimony on which the will is
975	975	admitted to probate;
976	976	(5) bond and official oath;
977	977	(6) inventory, appraisement, and list of claims;
978	978	(7) exhibit and account;
979	979	(8) report of renting;
980	980	(9) application for sale or partition of real estate;
981	981	(10) report of sale;
982	982	(11) report of the commissioners of partition;
983	983	(12) application for authority to execute a lease for
984	984	mineral development, or for pooling or unitization of lands,
985	985	royalty, or other interest in minerals, or to lend or invest money;
986	986	and
987	987	(13) report of lending or investing money.
988	988	(c) Only the substance of a deposition must be recorded
989	989	under Subsection (b)(4). (Tex. Prob. Code, Sec. 15.)
990	990	Sec. 52.053. INDEX. (a) The county clerk shall properly
991	991	index the records required under this chapter.
992	992	(b) The county clerk shall keep the index open for public
993	993	inspection, but may not release the index from the clerk's custody.
994	994	(Tex. Prob. Code, Sec. 17A.)
995	995	CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
996	996	SUBCHAPTER A. ENFORCEMENT OF ORDERS
997	997	Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS
998	998	[Sections 53.002-53.050 reserved for expansion]
999	999	SUBCHAPTER B. COSTS AND SECURITY
1000	1000	Sec. 53.051. APPLICABILITY OF CERTAIN LAWS
1001	1001	Sec. 53.052. SECURITY FOR CERTAIN COSTS
1002	1002	Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES
1003	1003	OF CERTAIN MILITARY SERVICEMEMBERS
1004	1004	[Sections 53.054-53.100 reserved for expansion]
1005	1005	SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS
1006	1006	Sec. 53.101. CALLING OF DOCKETS
1007	1007	Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK
1008	1008	Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES,
1009	1009	AND JUDGMENTS
1010	1010	Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM
1011	1011	Sec. 53.105. SIGNING OF MINUTES
1012	1012	Sec. 53.106. EXECUTIONS IN PROBATE MATTERS
1013	1013	CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
1014	1014	SUBCHAPTER A. ENFORCEMENT OF ORDERS
1015	1015	Sec. 53.001. ENFORCEMENT OF JUDGE'S ORDERS. A judge may
1016	1016	enforce the judge's lawful orders against an executor or
1017	1017	administrator by attachment and confinement. Unless this title
1018	1018	expressly provides otherwise, the term of confinement for any one
1019	1019	offense under this section may not exceed three days. (Tex. Prob.
1020	1020	Code, Sec. 24.)
1021	1021	[Sections 53.002-53.050 reserved for expansion]
1022	1022	SUBCHAPTER B. COSTS AND SECURITY
1023	1023	Sec. 53.051. APPLICABILITY OF CERTAIN LAWS. A law
1024	1024	regulating costs in ordinary civil cases applies to a probate
1025	1025	matter when not expressly provided for in this title. (Tex. Prob.
1026	1026	Code, Sec. 12(a).)
1027	1027	Sec. 53.052. SECURITY FOR CERTAIN COSTS. (a) The clerk may
1028	1028	require a person who files an application, complaint, or opposition
1029	1029	relating to an estate, other than the personal representative of
1030	1030	the estate, to provide security for the probable costs of the
1031	1031	proceeding before filing the application, complaint, or
1032	1032	opposition.
1033	1033	(b) At any time before the trial of an application,
1034	1034	complaint, or opposition described by Subsection (a), anyone
1035	1035	interested in the estate or an officer of the court may, by written
1036	1036	motion, obtain from the court an order requiring the person who
1037	1037	filed the application, complaint, or opposition to provide security
1038	1038	for the probable costs of the proceeding. The rules governing civil
1039	1039	suits in the county court with respect to giving security for the
1040	1040	probable costs of a proceeding control in cases described by
1041	1041	Subsection (a) and this subsection.
1042	1042	(c) An executor or administrator appointed by a court of
1043	1043	this state may not be required to provide security for costs in an
1044	1044	action brought by the executor or administrator in the executor's
1045	1045	or administrator's fiduciary capacity. (Tex. Prob. Code, Secs.
1046	1046	12(b), (c).)
1047	1047	Sec. 53.053. EXEMPTION FROM PROBATE FEES FOR ESTATES OF
1048	1048	CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat
1049	1049	zone" means an area that the president of the United States by
1050	1050	executive order designates for purposes of 26 U.S.C. Section 112 as
1051	1051	an area in which armed forces of the United States are or have
1052	1052	engaged in combat.
1053	1053	(b) Notwithstanding any other law, the clerk of a county
1054	1054	court may not charge, or collect from, the estate of a decedent any
1055	1055	of the following fees if the decedent died while in active service
1056	1056	as a member of the armed forces of the United States in a combat
1057	1057	zone:
1058	1058	(1) a fee for or associated with the filing of the
1059	1059	decedent's will for probate; and
1060	1060	(2) a fee for any service rendered by the probate court
1061	1061	regarding the administration of the decedent's estate. (Tex. Prob.
1062	1062	Code, Sec. 11A.)
1063	1063	[Sections 53.054-53.100 reserved for expansion]
1064	1064	SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS
1065	1065	Sec. 53.101. CALLING OF DOCKETS. The judge in whose court
1066	1066	probate proceedings are pending, at times determined by the judge,
1067	1067	shall:
1068	1068	(1) call the estates of decedents in the estates'
1069	1069	regular order on both the probate and claim dockets; and
1070	1070	(2) issue orders as necessary. (Tex. Prob. Code, Sec.
1071	1071	19.)
1072	1072	Sec. 53.102. SETTING OF CERTAIN HEARINGS BY CLERK. (a) If
1073	1073	a judge is unable to designate the time and place for hearing a
1074	1074	probate matter pending in the judge's court because the judge is
1075	1075	absent from the county seat or is on vacation, disqualified, ill, or
1076	1076	deceased, the county clerk of the county in which the matter is
1077	1077	pending may:
1078	1078	(1) designate the time and place for hearing;
1079	1079	(2) enter the setting on the judge's docket; and
1080	1080	(3) certify on the docket the reason that the judge is
1081	1081	not acting to set the hearing.
1082	1082	(b) If, after the perfection of the service of notices and
1083	1083	citations required by law concerning the time and place of hearing,
1084	1084	a qualified judge is not present for a hearing set under Subsection
1085	1085	(a), the hearing is automatically continued from day to day until a
1086	1086	qualified judge is present to hear and determine the matter. (Tex.
1087	1087	Prob. Code, Sec. 20.)
1088	1088	Sec. 53.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND
1089	1089	JUDGMENTS. The county court shall render all decisions, orders,
1090	1090	decrees, and judgments in probate matters in open court, except as
1091	1091	otherwise specially provided. (Tex. Prob. Code, Sec. 23 (part).)
1092	1092	Sec. 53.104. APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except
1093	1093	as provided by Section 202.009(b), the judge of a probate court may
1094	1094	appoint an attorney ad litem in any probate proceeding to represent
1095	1095	the interests of:
1096	1096	(1) a person who has a legal disability;
1097	1097	(2) a nonresident;
1098	1098	(3) an unborn or unascertained person; or
1099	1099	(4) an unknown heir.
1100	1100	(b) An attorney ad litem appointed under this section is
1101	1101	entitled to reasonable compensation for services provided in the
1102	1102	amount set by the court, to be taxed as costs in the proceeding.
1103	1103	(Tex. Prob. Code, Sec. 34A.)
1104	1104	Sec. 53.105. SIGNING OF MINUTES. (a) Except as provided by
1105	1105	Subsection (b), the judge shall approve and sign the minutes on the
1106	1106	first day of each month.
1107	1107	(b) If the first day of the month falls on a Sunday, the
1108	1108	judge's approval must be entered on the preceding or succeeding
1109	1109	day. (Tex. Prob. Code, Sec. 23 (part).)
1110	1110	Sec. 53.106. EXECUTIONS IN PROBATE MATTERS. (a) An
1111	1111	execution in a probate matter must be:
1112	1112	(1) directed "to any sheriff or any constable within
1113	1113	the State of Texas";
1114	1114	(2) attested and signed by the clerk officially under
1115	1115	court seal; and
1116	1116	(3) made returnable in 60 days.
1117	1117	(b) A proceeding under an execution described by Subsection
1118	1118	(a) is governed, to the extent applicable, by the laws regulating a
1119	1119	proceeding under an execution issued by a district court.
1120	1120	(c) Notwithstanding Subsection (a), an execution directed
1121	1121	to the sheriff or a constable of a specific county in this state may
1122	1122	not be held defective if properly executed within that county by the
1123	1123	sheriff or constable to whom the execution is directed. (Tex. Prob.
1124	1124	Code, Sec. 25.)
1125	1125	CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
1126	1126	SUBCHAPTER A. PLEADINGS
1127	1127	Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING
1128	1128	Sec. 54.002. DEFECT IN PLEADING
1129	1129	[Sections 54.003-54.050 reserved for expansion]
1130	1130	SUBCHAPTER B. EVIDENCE
1131	1131	Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING
1132	1132	TO WITNESSES AND EVIDENCE
1133	1133	Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE
1134	1134	CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
1135	1135	SUBCHAPTER A. PLEADINGS
1136	1136	Sec. 54.001. EFFECT OF FILING OR CONTESTING PLEADING. (a)
1137	1137	The filing or contesting in probate court of a pleading relating to
1138	1138	a decedent's estate does not constitute tortious interference with
1139	1139	inheritance of the estate.
1140	1140	(b) This section does not abrogate any right of a person
1141	1141	under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil
1142	1142	Practice and Remedies Code. (Tex. Prob. Code, Sec. 10C.)
1143	1143	Sec. 54.002. DEFECT IN PLEADING. A court may not invalidate
1144	1144	a pleading in probate, or an order based on the pleading, on the
1145	1145	basis of a defect of form or substance in the pleading unless a
1146	1146	timely objection has been made against the defect and the defect has
1147	1147	been called to the attention of the court in which the proceeding
1148	1148	was or is pending. (Tex. Prob. Code, Sec. 9.)
1149	1149	[Sections 54.003-54.050 reserved for expansion]
1150	1150	SUBCHAPTER B. EVIDENCE
1151	1151	Sec. 54.051. APPLICABILITY OF CERTAIN RULES RELATING TO
1152	1152	WITNESSES AND EVIDENCE. Except as provided by Section 51.203, the
1153	1153	rules relating to witnesses and evidence that apply in the district
1154	1154	court apply in a proceeding arising under this title to the extent
1155	1155	practicable. (Tex. Prob. Code, Sec. 22 (part).)
1156	1156	Sec. 54.052. USE OF CERTAIN RECORDS AS EVIDENCE. The
1157	1157	following are admissible as evidence in any court of this state:
1158	1158	(1) record books described by Sections 52.001, 52.002,
1159	1159	and 52.003 and individual case files described by Section 52.052,
1160	1160	including records maintained in a manner allowed under Section
1161	1161	52.004; and
1162	1162	(2) certified copies or reproductions of the records.
1163	1163	(Tex. Prob. Code, Sec. 18.)
1164	1164	CHAPTER 55. COMPLAINTS AND CONTESTS
1165	1165	SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT
1166	1166	Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING
1167	1167	Sec. 55.002. TRIAL BY JURY
1168	1168	[Sections 55.003-55.050 reserved for expansion]
1169	1169	SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE ORGANIZATION AS PARTY TO CERTAIN ACTIONS
1170	1170	ORGANIZATION AS PARTY TO CERTAIN ACTIONS
1171	1171	Sec. 55.051. DEFINITION
1172	1172	Sec. 55.052. NECESSARY PARTY
1173	1173	Sec. 55.053. SERVICE OF PROCESS
1174	1174	[Sections 55.054-55.100 reserved for expansion]
1175	1175	SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT
1176	1176	Sec. 55.101. ENTITLEMENT TO PRODUCTION OF
1177	1177	COMMUNICATIONS AND RECORDS
1178	1178	Sec. 55.102. RELEASE OF RECORDS
1179	1179	[Sections 55.103-55.150 reserved for expansion]
1180	1180	SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY
1181	1181	Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
1182	1182	Sec. 55.152. BOND
1183	1183	[Sections 55.153-55.200 reserved for expansion]
1184	1184	SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE
1185	1185	Sec. 55.201. COMPLAINT AND CITATION
1186	1186	Sec. 55.202. HEARING AND ORDER
1187	1187	Sec. 55.203. CONVEYANCE
1188	1188	[Sections 55.204-55.250 reserved for expansion]
1189	1189	SUBCHAPTER F. BILL OF REVIEW
1190	1190	Sec. 55.251. REVISION AND CORRECTION OF ORDER IN
1191	1191	PROBATE PROCEEDING
1192	1192	Sec. 55.252. INJUNCTION
1193	1193	CHAPTER 55. COMPLAINTS AND CONTESTS
1194	1194	SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT
1195	1195	Sec. 55.001. OPPOSITION IN PROBATE PROCEEDING. A person
1196	1196	interested in an estate may, at any time before the court decides an
1197	1197	issue in a proceeding, file written opposition regarding the issue.
1198	1198	The person is entitled to process for witnesses and evidence, and to
1199	1199	be heard on the opposition, as in other suits. (Tex. Prob. Code,
1200	1200	Sec. 10.)
1201	1201	Sec. 55.002. TRIAL BY JURY. In a contested probate or
1202	1202	mental illness proceeding in a probate court, a party is entitled to
1203	1203	a jury trial as in other civil actions. (Tex. Prob. Code, Sec. 21.)
1204	1204	[Sections 55.003-55.050 reserved for expansion]
1205	1205	SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE
1206	1206	ORGANIZATION AS PARTY TO CERTAIN ACTIONS
1207	1207	Sec. 55.051. DEFINITION. In this subchapter, "institution
1208	1208	of higher education" has the meaning assigned by Section 61.003,
1209	1209	Education Code. (Tex. Prob. Code, Sec. 10A(a) (part).)
1210	1210	Sec. 55.052. NECESSARY PARTY. An institution of higher
1211	1211	education, a private institution of higher education, or a
1212	1212	charitable organization that is a distributee under a will is a
1213	1213	necessary party to a will contest or will construction suit
1214	1214	involving the will. (Tex. Prob. Code, Sec. 10A(a) (part).)
1215	1215	Sec. 55.053. SERVICE OF PROCESS. The court shall serve an
1216	1216	institution or organization that is a necessary party under Section
1217	1217	55.052 in the manner provided by this title for service on other
1218	1218	parties. (Tex. Prob. Code, Sec. 10A(b).)
1219	1219	[Sections 55.054-55.100 reserved for expansion]
1220	1220	SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT
1221	1221	Sec. 55.101. ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS
1222	1222	AND RECORDS. Notwithstanding Subtitle B, Title 3, Occupations
1223	1223	Code, a person who is a party to a will contest or proceeding in
1224	1224	which a party relies on the mental or testamentary capacity of a
1225	1225	decedent before the decedent's death as part of the party's claim or
1226	1226	defense is entitled to production of all communications or records
1227	1227	relevant to the decedent's condition before the decedent's death.
1228	1228	(Tex. Prob. Code, Sec. 10B (part).)
1229	1229	Sec. 55.102. RELEASE OF RECORDS. On receipt of a subpoena
1230	1230	for communications or records described by Section 55.101 and a
1231	1231	file-stamped copy of the will contest or proceeding described by
1232	1232	that section, the appropriate physician, hospital, medical
1233	1233	facility, custodian of records, or other person in possession of
1234	1234	the communications or records shall release the communications or
1235	1235	records to the requesting party without further authorization.
1236	1236	(Tex. Prob. Code, Sec. 10B (part).)
1237	1237	[Sections 55.103-55.150 reserved for expansion]
1238	1238	SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY
1239	1239	Sec. 55.151. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT. (a)
1240	1240	If a person interested in an estate files with the judge a written
1241	1241	complaint made under oath alleging that the executor or
1242	1242	administrator of the estate is about to remove the estate or part of
1243	1243	the estate outside of the state, the judge may order a writ of
1244	1244	attachment to issue, directed "to any sheriff or any constable
1245	1245	within the State of Texas." The writ must order the sheriff or
1246	1246	constable to:
1247	1247	(1) seize the estate or a part of the estate; and
1248	1248	(2) hold that property subject to the judge's
1249	1249	additional orders regarding the complaint.
1250	1250	(b) Notwithstanding Subsection (a), a writ of attachment
1251	1251	directed to the sheriff or constable of a specific county within the
1252	1252	state is not defective if the writ was properly executed in that
1253	1253	county by that officer. (Tex. Prob. Code, Sec. 26 (part).)
1254	1254	Sec. 55.152. BOND. Before a writ of attachment ordered
1255	1255	under Section 55.151 may be issued, the complainant must execute a
1256	1256	bond that is:
1257	1257	(1) payable to the executor or administrator of the
1258	1258	estate;
1259	1259	(2) in an amount set by the judge; and
1260	1260	(3) conditioned for the payment of all damages and
1261	1261	costs that are recovered for the wrongful suing out of the writ.
1262	1262	(Tex. Prob. Code, Sec. 26 (part).)
1263	1263	[Sections 55.153-55.200 reserved for expansion]
1264	1264	SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE
1265	1265	Sec. 55.201. COMPLAINT AND CITATION. (a) If a person sold
1266	1266	property and entered into a bond or other written agreement to
1267	1267	transfer title to the property and then died without transferring
1268	1268	the title, the owner of the bond or agreement or the owner's legal
1269	1269	representative may:
1270	1270	(1) file a written complaint in the court of the county
1271	1271	in which letters testamentary or of administration on the
1272	1272	decedent's estate were granted; and
1273	1273	(2) have the personal representative of the estate
1274	1274	cited to appear on a date stated in the citation and show cause why
1275	1275	specific performance of the bond or agreement should not be
1276	1276	ordered.
1277	1277	(b) Except as provided by Subsection (c), the bond or
1278	1278	agreement must be filed with the complaint described by Subsection
1279	1279	(a).
1280	1280	(c) If good cause under oath is shown why the bond or written
1281	1281	agreement cannot be filed with the complaint, the bond or agreement
1282	1282	or the substance of the bond or agreement must be stated in the
1283	1283	complaint. (Tex. Prob. Code, Sec. 27 (part).)
1284	1284	Sec. 55.202. HEARING AND ORDER. (a) After service of the
1285	1285	citation under Section 55.201, the court shall hear the complaint
1286	1286	and the evidence on the complaint.
1287	1287	(b) The court shall order the personal representative to
1288	1288	transfer title to the property, according to the tenor of the bond
1289	1289	or agreement, to the complainant if the judge is satisfied from the
1290	1290	proof that:
1291	1291	(1) the bond or agreement was legally executed by the
1292	1292	decedent; and
1293	1293	(2) the complainant has a right to demand specific
1294	1294	performance.
1295	1295	(c) The order must fully describe the property to be
1296	1296	transferred. (Tex. Prob. Code, Sec. 27 (part).)
1297	1297	Sec. 55.203. CONVEYANCE. (a) A conveyance made under this
1298	1298	subchapter must refer to and identify the court order authorizing
1299	1299	the conveyance. On delivery of the conveyance, all the right and
1300	1300	title to the property conveyed that the decedent had vests in the
1301	1301	person to whom the conveyance is made.
1302	1302	(b) A conveyance under this subchapter is prima facie
1303	1303	evidence that all requirements of the law for obtaining the
1304	1304	conveyance have been complied with. (Tex. Prob. Code, Sec. 27
1305	1305	(part).)
1306	1306	[Sections 55.204-55.250 reserved for expansion]
1307	1307	SUBCHAPTER F. BILL OF REVIEW
1308	1308	Sec. 55.251. REVISION AND CORRECTION OF ORDER IN PROBATE
1309	1309	PROCEEDING. (a) An interested person may, by a bill of review
1310	1310	filed in the court in which the probate proceedings were held, have
1311	1311	an order rendered by the court revised and corrected on a showing of
1312	1312	error in the order.
1313	1313	(b) A bill of review to revise and correct an order may not
1314	1314	be filed more than two years after the date of the order. (Tex.
1315	1315	Prob. Code, Sec. 31 (part).)
1316	1316	Sec. 55.252. INJUNCTION. A process or action under a court
1317	1317	order subject to a bill of review filed under Section 55.251 may be
1318	1318	stayed only by writ of injunction. (Tex. Prob. Code, Sec. 31
1319	1319	(part).)
1320	1320	CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL REPRESENTATIVE FOR SERVICE OF PROCESS
1321	1321	REPRESENTATIVE FOR SERVICE OF PROCESS
1322	1322	Sec. 56.001. CHANGE OF RESIDENT AGENT
1323	1323	Sec. 56.002. RESIGNATION OF RESIDENT AGENT
1324	1324	CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL
1325	1325	REPRESENTATIVE FOR SERVICE OF PROCESS
1326	1326	Sec. 56.001. CHANGE OF RESIDENT AGENT. (a) A personal
1327	1327	representative of an estate may change the representative's
1328	1328	resident agent to accept service of process in a probate proceeding
1329	1329	or other action relating to the estate by filing with the court in
1330	1330	which the probate proceeding is pending a statement titled
1331	1331	"Designation of Successor Resident Agent" that states the names and
1332	1332	addresses of:
1333	1333	(1) the representative;
1334	1334	(2) the resident agent; and
1335	1335	(3) the successor resident agent.
1336	1336	(b) The designation of a successor resident agent takes
1337	1337	effect on the date a statement under Subsection (a) is filed with
1338	1338	the court. (Tex. Prob. Code, Sec. 221A.)
1339	1339	Sec. 56.002. RESIGNATION OF RESIDENT AGENT. (a) A resident
1340	1340	agent of a personal representative may resign as resident agent by
1341	1341	giving notice to the representative and filing with the court in
1342	1342	which the probate proceeding is pending a statement titled
1343	1343	"Resignation of Resident Agent" that states:
1344	1344	(1) the name of the representative;
1345	1345	(2) the representative's address most recently known
1346	1346	by the resident agent;
1347	1347	(3) that notice of the resignation has been given to
1348	1348	the representative and the date that notice was given; and
1349	1349	(4) that the representative has not designated a
1350	1350	successor resident agent.
1351	1351	(b) The resident agent shall send, by certified mail, return
1352	1352	receipt requested, a copy of a resignation statement filed under
1353	1353	Subsection (a) to:
1354	1354	(1) the personal representative at the address most
1355	1355	recently known by the resident agent; and
1356	1356	(2) each party in the case or the party's attorney or
1357	1357	other designated representative of record.
1358	1358	(c) The resignation of a resident agent takes effect on the
1359	1359	date the court enters an order accepting the resignation. A court
1360	1360	may not enter an order accepting the resignation unless the
1361	1361	resident agent complies with this section. (Tex. Prob. Code, Sec.
1362	1362	221B.)
1363	1363	[Chapters 57-100 reserved for expansion]
1364	1364	SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS'
1365	1365	PROPERTY IN GENERAL
1366	1366	CHAPTER 101. ESTATE ASSETS IN GENERAL
1367	1367	SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH
1368	1368	Sec. 101.001. PASSAGE OF ESTATE ON DECEDENT'S DEATH
1369	1369	Sec. 101.002. EFFECT OF JOINT OWNERSHIP OF PROPERTY
1370	1370	Sec. 101.003. POSSESSION OF ESTATE BY PERSONAL
1371	1371	REPRESENTATIVE
1372	1372	[Sections 101.004-101.050 reserved for expansion]
1373	1373	SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS
1374	1374	Sec. 101.051. LIABILITY OF ESTATE FOR DEBTS IN GENERAL
1375	1375	Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR
1376	1376	DEBTS OF DECEASED SPOUSE
1377	1377	CHAPTER 101. ESTATE ASSETS IN GENERAL
1378	1378	SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH
1379	1379	Sec. 101.001. PASSAGE OF ESTATE ON DECEDENT'S DEATH. (a)
1380	1380	Subject to Section 101.051, if a person dies leaving a lawful will:
1381	1381	(1) all of the person's estate that is devised by the
1382	1382	will vests immediately in the devisees;
1383	1383	(2) all powers of appointment granted in the will vest
1384	1384	immediately in the donees of those powers; and
1385	1385	(3) all of the person's estate that is not devised by
1386	1386	the will vests immediately in the person's heirs at law.
1387	1387	(b) Subject to Section 101.051, the estate of a person who
1388	1388	dies intestate vests immediately in the person's heirs at law.
1389	1389	(Tex. Prob. Code, Sec. 37 (part).)
1390	1390	Sec. 101.002. EFFECT OF JOINT OWNERSHIP OF PROPERTY. If two
1391	1391	or more persons hold an interest in property jointly and one joint
1392	1392	owner dies before severance, the interest of the decedent in the
1393	1393	joint estate:
1394	1394	(1) does not survive to the remaining joint owner or
1395	1395	owners; and
1396	1396	(2) passes by will or intestacy from the decedent as if
1397	1397	the decedent's interest had been severed. (Tex. Prob. Code, Sec.
1398	1398	46(a) (part).)
1399	1399	Sec. 101.003. POSSESSION OF ESTATE BY PERSONAL
1400	1400	REPRESENTATIVE. On the issuance of letters testamentary or of
1401	1401	administration on an estate described by Section 101.001, the
1402	1402	executor or administrator has the right to possession of the estate
1403	1403	as the estate existed at the death of the testator or intestate,
1404	1404	subject to the exceptions provided by Section 101.051. The
1405	1405	executor or administrator shall recover possession of the estate
1406	1406	and hold the estate in trust to be disposed of in accordance with
1407	1407	the law. (Tex. Prob. Code, Sec. 37 (part).)
1408	1408	[Sections 101.004-101.050 reserved for expansion]
1409	1409	SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS
1410	1410	Sec. 101.051. LIABILITY OF ESTATE FOR DEBTS IN GENERAL. (a)
1411	1411	A decedent's estate vests in accordance with Section 101.001(a)
1412	1412	subject to the payment of:
1413	1413	(1) the debts of the decedent, except as exempted by
1414	1414	law; and
1415	1415	(2) any court-ordered child support payments that are
1416	1416	delinquent on the date of the decedent's death.
1417	1417	(b) A decedent's estate vests in accordance with Section
1418	1418	101.001(b) subject to the payment of, and is still liable for:
1419	1419	(1) the debts of the decedent, except as exempted by
1420	1420	law; and
1421	1421	(2) any court-ordered child support payments that are
1422	1422	delinquent on the date of the decedent's death. (Tex. Prob. Code,
1423	1423	Sec. 37 (part).)
1424	1424	Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR DEBTS OF
1425	1425	DECEASED SPOUSE. (a) The community property subject to the sole or
1426	1426	joint management, control, and disposition of a spouse during
1427	1427	marriage continues to be subject to the liabilities of that spouse
1428	1428	on death.
1429	1429	(b) The interest that the deceased spouse owned in any other
1430	1430	nonexempt community property passes to the deceased spouse's heirs
1431	1431	or devisees charged with the debts that were enforceable against
1432	1432	the deceased spouse before death.
1433	1433	(c) This section does not prohibit the administration of
1434	1434	community property under other provisions of this title relating to
1435	1435	the administration of an estate. (Tex. Prob. Code, Secs. 155
1436	1436	(part), 156 (part).)
1437	1437	CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
1438	1438	Sec. 102.001. TREATMENT OF CERTAIN CHILDREN
1439	1439	Sec. 102.002. HOMESTEAD RIGHTS NOT AFFECTED BY
1440	1440	CHARACTER OF THE HOMESTEAD
1441	1441	Sec. 102.003. PASSAGE OF HOMESTEAD
1442	1442	Sec. 102.004. LIABILITY OF HOMESTEAD FOR DEBTS
1443	1443	Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD
1444	1444	Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF
1445	1445	HOMESTEAD IS AUTHORIZED
1446	1446	CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
1447	1447	Sec. 102.001. TREATMENT OF CERTAIN CHILDREN. For purposes
1448	1448	of determining homestead rights, a child is a child of his or her
1449	1449	mother and a child of his or her father, as provided by Sections
1450	1450	201.051, 201.052, and 201.053. (Tex. Prob. Code, Sec. 42(c)
1451	1451	(part).)
1452	1452	Sec. 102.002. HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF
1453	1453	THE HOMESTEAD. The homestead rights and the respective interests
1454	1454	of the surviving spouse and children of a decedent are the same
1455	1455	whether the homestead was the decedent's separate property or was
1456	1456	community property between the surviving spouse and the decedent.
1457	1457	(Tex. Prob. Code, Sec. 282.)
1458	1458	Sec. 102.003. PASSAGE OF HOMESTEAD. The homestead of a
1459	1459	decedent who dies leaving a surviving spouse descends and vests on
1460	1460	the decedent's death in the same manner as other real property of
1461	1461	the decedent and is governed by the same laws of descent and
1462	1462	distribution. (Tex. Prob. Code, Sec. 283.)
1463	1463	Sec. 102.004. LIABILITY OF HOMESTEAD FOR DEBTS. The
1464	1464	homestead is not liable for the payment of any of the debts of the
1465	1465	estate, other than:
1466	1466	(1) purchase money for the homestead;
1467	1467	(2) taxes due on the homestead;
1468	1468	(3) work and material used in constructing
1469	1469	improvements on the homestead if the requirements of Section
1470	1470	50(a)(5), Article XVI, Texas Constitution, are met;
1471	1471	(4) an owelty of partition imposed against the
1472	1472	entirety of the property by a court order or written agreement of
1473	1473	the parties to the partition, including a debt of one spouse in
1474	1474	favor of the other spouse resulting from a division or an award of a
1475	1475	family homestead in a divorce proceeding;
1476	1476	(5) the refinance of a lien against the homestead,
1477	1477	including a federal tax lien resulting from the tax debt of both
1478	1478	spouses, if the homestead is a family homestead, or from the tax
1479	1479	debt of the decedent;
1480	1480	(6) an extension of credit on the homestead if the
1481	1481	requirements of Section 50(a)(6), Article XVI, Texas Constitution,
1482	1482	are met; or
1483	1483	(7) a reverse mortgage. (Tex. Prob. Code, Sec. 270.)
1484	1484	Sec. 102.005. PROHIBITIONS ON PARTITION OF HOMESTEAD. The
1485	1485	homestead may not be partitioned among the decedent's heirs:
1486	1486	(1) during the lifetime of the surviving spouse for as
1487	1487	long as the surviving spouse elects to use or occupy the property as
1488	1488	a homestead; or
1489	1489	(2) during the period the guardian of the decedent's
1490	1490	minor children is permitted to use and occupy the homestead under a
1491	1491	court order. (Tex. Prob. Code, Sec. 284.)
1492	1492	Sec. 102.006. CIRCUMSTANCES UNDER WHICH PARTITION OF
1493	1493	HOMESTEAD IS AUTHORIZED. The homestead may be partitioned among
1494	1494	the respective owners of the property in the same manner as other
1495	1495	property held in common if:
1496	1496	(1) the surviving spouse dies, sells his or her
1497	1497	interest in the homestead, or elects to no longer use or occupy the
1498	1498	property as a homestead; or
1499	1499	(2) the court no longer permits the guardian of the
1500	1500	minor children to use and occupy the property as a homestead. (Tex.
1501	1501	Prob. Code, Sec. 285.)
1502	1502	[Chapters 103-110 reserved for expansion]
1503	1503	CHAPTER 111. NONPROBATE ASSETS IN GENERAL
1504	1504	SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS
1505	1505	BETWEEN JOINT TENANTS
1506	1506	Sec. 111.001. RIGHT OF SURVIVORSHIP AGREEMENTS
1507	1507	AUTHORIZED
1508	1508	Sec. 111.002. AGREEMENTS CONCERNING COMMUNITY PROPERTY
1509	1509	[Sections 111.003-111.050 reserved for expansion]
1510	1510	SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER
1511	1511	OF CERTAIN ASSETS ON DEATH
1512	1512	Sec. 111.051. DEFINITIONS
1513	1513	Sec. 111.052. VALIDITY OF CERTAIN NONTESTAMENTARY
1514	1514	INSTRUMENTS AND PROVISIONS
1515	1515	Sec. 111.053. CREDITOR'S RIGHTS NOT LIMITED
1516	1516	CHAPTER 111. NONPROBATE ASSETS IN GENERAL
1517	1517	SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS
1518	1518	BETWEEN JOINT TENANTS
1519	1519	Sec. 111.001. RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED.
1520	1520	(a) Notwithstanding Section 101.002, two or more persons who hold
1521	1521	an interest in property jointly may agree in writing that the
1522	1522	interest of a joint owner who dies survives to the surviving joint
1523	1523	owner or owners.
1524	1524	(b) An agreement described by Subsection (a) may not be
1525	1525	inferred from the mere fact that property is held in joint
1526	1526	ownership. (Tex. Prob. Code, Sec. 46(a) (part).)
1527	1527	Sec. 111.002. AGREEMENTS CONCERNING COMMUNITY PROPERTY.
1528	1528	(a) Section 111.001 does not apply to an agreement between spouses
1529	1529	regarding the spouses' community property.
1530	1530	(b) An agreement between spouses regarding a right of
1531	1531	survivorship in community property is governed by Chapter 112.
1532	1532	(Tex. Prob. Code, Sec. 46(b).)
1533	1533	[Sections 111.003-111.050 reserved for expansion]
1534	1534	SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER
1535	1535	OF CERTAIN ASSETS ON DEATH
1536	1536	Sec. 111.051. DEFINITIONS. In this subchapter:
1537	1537	(1) "Employees' trust" means:
1538	1538	(A) a trust that forms a part of a stock-bonus,
1539	1539	pension, or profit-sharing plan under Section 401, Internal Revenue
1540	1540	Code of 1954 (26 U.S.C. Section 401 (1986));
1541	1541	(B) a pension trust under Chapter 111, Property
1542	1542	Code; and
1543	1543	(C) an employer-sponsored benefit plan or
1544	1544	program, or any other retirement savings arrangement, including a
1545	1545	pension plan created under Section 3, Employee Retirement Income
1546	1546	Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of
1547	1547	whether the plan, program, or arrangement is funded through a
1548	1548	trust.
1549	1549	(2) "Financial institution" has the meaning assigned
1550	1550	by Section 113.001.
1551	1551	(3) "Individual retirement account" means a trust,
1552	1552	custodial arrangement, or annuity under Section 408(a) or (b),
1553	1553	Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).
1554	1554	(4) "Retirement account" means a retirement-annuity
1555	1555	contract, an individual retirement account, a simplified employee
1556	1556	pension, or any other retirement savings arrangement.
1557	1557	(5) "Retirement-annuity contract" means an annuity
1558	1558	contract under Section 403, Internal Revenue Code of 1954 (26
1559	1559	U.S.C. Section 403 (1986)).
1560	1560	(6) "Simplified employee pension" means a trust,
1561	1561	custodial arrangement, or annuity under Section 408, Internal
1562	1562	Revenue Code of 1954 (26 U.S.C. Section 408 (1986)). (Tex. Prob.
1563	1563	Code, Secs. 450(a) (part), (c).)
1564	1564	Sec. 111.052. VALIDITY OF CERTAIN NONTESTAMENTARY
1565	1565	INSTRUMENTS AND PROVISIONS. (a) This code does not invalidate:
1566	1566	(1) any provision in an insurance policy, employment
1567	1567	contract, bond, mortgage, promissory note, deposit agreement,
1568	1568	employees' trust, retirement account, deferred compensation
1569	1569	arrangement, custodial agreement, pension plan, trust agreement,
1570	1570	conveyance of property, security, account with a financial
1571	1571	institution, mutual fund account, or any other written instrument
1572	1572	effective as a contract, gift, conveyance, or trust, stating that:
1573	1573	(A) money or other benefits under the instrument
1574	1574	due to or controlled or owned by a decedent shall be paid after the
1575	1575	decedent's death, or property that is the subject of the instrument
1576	1576	shall pass, to a person designated by the decedent in the instrument
1577	1577	or in a separate writing, including a will, executed at the same
1578	1578	time as the instrument or subsequently; or
1579	1579	(B) money due or to become due under the
1580	1580	instrument shall cease to be payable if the promisee or promissor
1581	1581	dies before payment or demand; or
1582	1582	(2) an instrument described by Subdivision (1).
1583	1583	(b) A provision described by Subsection (a)(1) is
1584	1584	considered nontestamentary. (Tex. Prob. Code, Sec. 450(a) (part).)
1585	1585	Sec. 111.053. CREDITOR'S RIGHTS NOT LIMITED. Nothing in
1586	1586	this subchapter limits the rights of a creditor under another law of
1587	1587	this state. (Tex. Prob. Code, Sec. 450(b).)
1588	1588	CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
1589	1589	SUBCHAPTER A. GENERAL PROVISIONS
1590	1590	Sec. 112.001. DEFINITION OF COMMUNITY PROPERTY
1591	1591	SURVIVORSHIP AGREEMENT
1592	1592	Sec. 112.002. APPLICABILITY OF OTHER LAW TO COMMUNITY
1593	1593	ACCOUNTS
1594	1594	[Sections 112.003-112.050 reserved for expansion]
1595	1595	SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
1596	1596	Sec. 112.051. AGREEMENT FOR RIGHT OF SURVIVORSHIP IN
1597	1597	COMMUNITY PROPERTY
1598	1598	Sec. 112.052. FORM OF AGREEMENT
1599	1599	Sec. 112.053. ADJUDICATION NOT REQUIRED
1600	1600	Sec. 112.054. REVOCATION OF AGREEMENT
1601	1601	[Sections 112.055-112.100 reserved for expansion]
1602	1602	SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
1603	1603	SURVIVORSHIP AGREEMENT
1604	1604	Sec. 112.101. APPLICATION AUTHORIZED
1605	1605	Sec. 112.102. PROOF REQUIRED BY COURT
1606	1606	Sec. 112.103. METHOD OF PROOF OF SIGNATURES
1607	1607	Sec. 112.104. COURT ACTION; ISSUANCE OF ORDER
1608	1608	Sec. 112.105. EFFECT OF ORDER
1609	1609	Sec. 112.106. CUSTODY OF ADJUDICATED AGREEMENT
1610	1610	[Sections 112.107-112.150 reserved for expansion]
1611	1611	SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT TO AGREEMENT
1612	1612	TO AGREEMENT
1613	1613	Sec. 112.151. OWNERSHIP OF PROPERTY DURING MARRIAGE;
1614	1614	MANAGEMENT RIGHTS
1615	1615	Sec. 112.152. NONTESTAMENTARY NATURE OF TRANSFERS
1616	1616	UNDER AGREEMENT
1617	1617	[Sections 112.153-112.200 reserved for expansion]
1618	1618	SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO RIGHT OF SURVIVORSHIP
1619	1619	SUBJECT TO RIGHT OF SURVIVORSHIP
1620	1620	Sec. 112.201. DEFINITION OF CERTIFIED COPY
1621	1621	Sec. 112.202. ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT
1622	1622	Sec. 112.203. PERSONAL REPRESENTATIVE WITHOUT ACTUAL
1623	1623	KNOWLEDGE OF AGREEMENT
1624	1624	Sec. 112.204. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1625	1625	AGREEMENT
1626	1626	Sec. 112.205. DEBTORS AND OTHER PERSONS WITHOUT NOTICE
1627	1627	OF AGREEMENT
1628	1628	Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1629	1629	REVOCATION OF AGREEMENT
1630	1630	Sec. 112.207. DEBTORS AND OTHER PERSONS WITHOUT NOTICE
1631	1631	OF REVOCATION OF AGREEMENT
1632	1632	Sec. 112.208. RIGHTS OF SURVIVING SPOUSE AGAINST
1633	1633	CREDITORS
1634	1634	[Sections 112.209-112.250 reserved for expansion]
1635	1635	SUBCHAPTER F. RIGHTS OF CREDITORS
1636	1636	Sec. 112.251. MULTIPLE-PARTY ACCOUNTS
1637	1637	Sec. 112.252. LIABILITIES OF DECEASED SPOUSE NOT
1638	1638	AFFECTED BY RIGHT OF SURVIVORSHIP
1639	1639	Sec. 112.253. RIGHTS OF DECEASED SPOUSE'S CREDITORS IN
1640	1640	RELATION TO THIRD PARTIES
1641	1641	CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
1642	1642	SUBCHAPTER A. GENERAL PROVISIONS
1643	1643	Sec. 112.001. DEFINITION OF COMMUNITY PROPERTY
1644	1644	SURVIVORSHIP AGREEMENT. In this chapter, "community property
1645	1645	survivorship agreement" means an agreement between spouses
1646	1646	creating a right of survivorship in community property. (New.)
1647	1647	Sec. 112.002. APPLICABILITY OF OTHER LAW TO COMMUNITY
1648	1648	PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS. Chapter 113 applies to
1649	1649	multiple-party accounts held by spouses with a right of
1650	1650	survivorship to the extent that chapter is not inconsistent with
1651	1651	this chapter. (Tex. Prob. Code, Sec. 462.)
1652	1652	[Sections 112.003-112.050 reserved for expansion]
1653	1653	SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
1654	1654	Sec. 112.051. AGREEMENT FOR RIGHT OF SURVIVORSHIP IN
1655	1655	COMMUNITY PROPERTY. At any time, spouses may agree between
1656	1656	themselves that all or part of their community property, then
1657	1657	existing or to be acquired, becomes the property of the surviving
1658	1658	spouse on the death of a spouse. (Tex. Prob. Code, Sec. 451.)
1659	1659	Sec. 112.052. FORM OF AGREEMENT. (a) A community property
1660	1660	survivorship agreement must be in writing and signed by both
1661	1661	spouses.
1662	1662	(b) A written agreement signed by both spouses is sufficient
1663	1663	to create a right of survivorship in the community property
1664	1664	described in the agreement if the agreement includes any of the
1665	1665	following phrases:
1666	1666	(1) "with right of survivorship";
1667	1667	(2) "will become the property of the survivor";
1668	1668	(3) "will vest in and belong to the surviving spouse";
1669	1669	or
1670	1670	(4) "shall pass to the surviving spouse."
1671	1671	(c) Notwithstanding Subsection (b), a community property
1672	1672	survivorship agreement that otherwise meets the requirements of
1673	1673	this chapter is effective without including any of the phrases
1674	1674	listed in that subsection. (Tex. Prob. Code, Sec. 452.)
1675	1675	Sec. 112.053. ADJUDICATION NOT REQUIRED. A community
1676	1676	property survivorship agreement that satisfies the requirements of
1677	1677	this chapter is effective and enforceable without an adjudication.
1678	1678	(Tex. Prob. Code, Secs. 456(a) (part), 458 (part).)
1679	1679	Sec. 112.054. REVOCATION OF AGREEMENT. (a) A community
1680	1680	property survivorship agreement made in accordance with this
1681	1681	chapter may be revoked as provided by the terms of the agreement.
1682	1682	(b) If a community property survivorship agreement does not
1683	1683	provide a method of revocation, the agreement may be revoked by a
1684	1684	written instrument:
1685	1685	(1) signed by both spouses; or
1686	1686	(2) signed by one spouse and delivered to the other
1687	1687	spouse.
1688	1688	(c) A community property survivorship agreement may be
1689	1689	revoked with respect to specific property subject to the agreement
1690	1690	by the disposition of the property by one or both spouses if the
1691	1691	disposition is not inconsistent with specific terms of the
1692	1692	agreement and applicable law. (Tex. Prob. Code, Sec. 455.)
1693	1693	[Sections 112.055-112.100 reserved for expansion]
1694	1694	SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY
1695	1695	SURVIVORSHIP AGREEMENT
1696	1696	Sec. 112.101. APPLICATION AUTHORIZED. (a) Notwithstanding
1697	1697	Section 112.053, after the death of a spouse, the surviving spouse
1698	1698	or the surviving spouse's personal representative may apply to the
1699	1699	court for an order stating that a community property survivorship
1700	1700	agreement satisfies the requirements of this chapter and is
1701	1701	effective to create a right of survivorship in community property.
1702	1702	(b) An application under this section must include:
1703	1703	(1) the surviving spouse's name and domicile;
1704	1704	(2) the deceased spouse's name and former domicile;
1705	1705	(3) the fact, time, and place of the deceased spouse's
1706	1706	death;
1707	1707	(4) facts establishing venue in the court; and
1708	1708	(5) the deceased spouse's social security number, if
1709	1709	known.
1710	1710	(c) An application under this section must be filed in the
1711	1711	county of proper venue for administration of the deceased spouse's
1712	1712	estate.
1713	1713	(d) The original community property survivorship agreement
1714	1714	shall be filed with an application under this section. (Tex. Prob.
1715	1715	Code, Secs. 456(a) (part), (d).)
1716	1716	Sec. 112.102. PROOF REQUIRED BY COURT. An applicant for an
1717	1717	order under Section 112.101 must prove to the court's satisfaction
1718	1718	that:
1719	1719	(1) the spouse whose community property interest is at
1720	1720	issue is deceased;
1721	1721	(2) the court has jurisdiction and venue;
1722	1722	(3) the agreement was executed with the formalities
1723	1723	required by law;
1724	1724	(4) the agreement was not revoked; and
1725	1725	(5) citation has been served and returned in the
1726	1726	manner and for the length of time required by this title. (Tex.
1727	1727	Prob. Code, Sec. 456(b).)
1728	1728	Sec. 112.103. METHOD OF PROOF OF SIGNATURES. (a) The
1729	1729	deceased spouse's signature to an agreement that is the subject of
1730	1730	an application under Section 112.101 may be proved by:
1731	1731	(1) the sworn testimony of one witness taken in open
1732	1732	court;
1733	1733	(2) the affidavit of one witness; or
1734	1734	(3) the written or oral deposition of one witness
1735	1735	taken in the same manner and under the same rules as depositions in
1736	1736	other civil actions.
1737	1737	(b) If the surviving spouse is competent to make an oath,
1738	1738	the surviving spouse's signature to the agreement may be proved by:
1739	1739	(1) the sworn testimony of the surviving spouse taken
1740	1740	in open court;
1741	1741	(2) the surviving spouse's affidavit; or
1742	1742	(3) the written or oral deposition of the surviving
1743	1743	spouse taken in the same manner and under the same rules as
1744	1744	depositions in other civil actions.
1745	1745	(c) If the surviving spouse is not competent to make an
1746	1746	oath, the surviving spouse's signature to the agreement may be
1747	1747	proved in the manner provided by Subsection (a) for proof of the
1748	1748	deceased spouse's signature. (Tex. Prob. Code, Sec. 456(c).)
1749	1749	Sec. 112.104. COURT ACTION; ISSUANCE OF ORDER. (a) On
1750	1750	completion of a hearing on an application under Section 112.101, if
1751	1751	the court is satisfied that the requisite proof has been made, the
1752	1752	court shall enter an order adjudging the agreement valid.
1753	1753	(b) Certified copies of the agreement and order may be:
1754	1754	(1) recorded in other counties; and
1755	1755	(2) used in evidence, as the original agreement might
1756	1756	be, on the trial of the same matter in any other court, on appeal or
1757	1757	otherwise. (Tex. Prob. Code, Sec. 457.)
1758	1758	Sec. 112.105. EFFECT OF ORDER. (a) An order under this
1759	1759	subchapter adjudging a community property survivorship agreement
1760	1760	valid constitutes sufficient authority to a person who:
1761	1761	(1) owes money, has custody of any property, or acts as
1762	1762	registrar or transfer agent of any evidence of interest,
1763	1763	indebtedness, property, or right that is subject to the terms of the
1764	1764	agreement; or
1765	1765	(2) purchases from or otherwise deals with the
1766	1766	surviving spouse for payment or transfer to the surviving spouse.
1767	1767	(b) The surviving spouse may enforce that spouse's right to
1768	1768	a payment or transfer from a person described by Subsection (a)(2).
1769	1769	(Tex. Prob. Code, Sec. 458 (part).)
1770	1770	Sec. 112.106. CUSTODY OF ADJUDICATED AGREEMENT. (a) An
1771	1771	original community property survivorship agreement adjudicated
1772	1772	under this subchapter, together with the order adjudging the
1773	1773	agreement valid, shall be deposited in the office of the county
1774	1774	clerk of the county in which the agreement was adjudicated and must
1775	1775	remain at that office, except during a period when the agreement is
1776	1776	moved to another location for inspection on order of the court in
1777	1777	which the agreement was adjudicated.
1778	1778	(b) If the court orders an original community property
1779	1779	survivorship agreement adjudicated under this subchapter to be
1780	1780	moved to another location for inspection, the person moving the
1781	1781	original agreement shall give a receipt for the agreement and the
1782	1782	court clerk shall make and retain a copy of the original agreement.
1783	1783	(Tex. Prob. Code, Sec. 459.)
1784	1784	[Sections 112.107-112.150 reserved for expansion]
1785	1785	SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT
1786	1786	TO AGREEMENT
1787	1787	Sec. 112.151. OWNERSHIP OF PROPERTY DURING MARRIAGE;
1788	1788	MANAGEMENT RIGHTS. (a) Property subject to a community property
1789	1789	survivorship agreement remains community property during the
1790	1790	marriage of the spouses.
1791	1791	(b) Unless the agreement provides otherwise, a community
1792	1792	property survivorship agreement does not affect the rights of the
1793	1793	spouses concerning the management, control, and disposition of
1794	1794	property subject to the agreement. (Tex. Prob. Code, Sec. 453.)
1795	1795	Sec. 112.152. NONTESTAMENTARY NATURE OF TRANSFERS UNDER
1796	1796	AGREEMENT. (a) Transfers at death resulting from community
1797	1797	property survivorship agreements made in accordance with this
1798	1798	chapter are effective by reason of the agreements involved and are
1799	1799	not testamentary transfers.
1800	1800	(b) Except as expressly provided otherwise by this title,
1801	1801	transfers described by Subsection (a) are not subject to the
1802	1802	provisions of this title applicable to testamentary transfers.
1803	1803	(Tex. Prob. Code, Sec. 454.)
1804	1804	[Sections 112.153-112.200 reserved for expansion]
1805	1805	SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY
1806	1806	SUBJECT TO RIGHT OF SURVIVORSHIP
1807	1807	Sec. 112.201. DEFINITION OF CERTIFIED COPY. In this
1808	1808	subchapter, a "certified copy" means a copy of an official record or
1809	1809	document that is:
1810	1810	(1) authorized by law to be recorded or filed and
1811	1811	actually recorded or filed in a public office; and
1812	1812	(2) certified as correct in accordance with Rule 902,
1813	1813	Texas Rules of Evidence. (Tex. Prob. Code, Sec. 460(f) (part).)
1814	1814	Sec. 112.202. ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT. (a)
1815	1815	In this subchapter, a person or entity has "actual knowledge" of a
1816	1816	community property survivorship agreement or the revocation of a
1817	1817	community property survivorship agreement only if the person or
1818	1818	entity has received:
1819	1819	(1) written notice of the agreement or revocation; or
1820	1820	(2) the original or a certified copy of the agreement
1821	1821	or revoking instrument.
1822	1822	(b) In this subchapter, a person or entity has "notice" of a
1823	1823	community property survivorship agreement or the revocation of a
1824	1824	community property survivorship agreement if:
1825	1825	(1) the person or entity has actual knowledge of the
1826	1826	agreement or revocation; or
1827	1827	(2) with respect to real property, the agreement or
1828	1828	revoking instrument is properly recorded in the county in which the
1829	1829	real property is located. (Tex. Prob. Code, Sec. 460(f) (part).)
1830	1830	Sec. 112.203. PERSONAL REPRESENTATIVE WITHOUT ACTUAL
1831	1831	KNOWLEDGE OF AGREEMENT. If the personal representative of a
1832	1832	deceased spouse's estate has no actual knowledge of the existence
1833	1833	of an agreement creating a right of survivorship in community
1834	1834	property in the surviving spouse, the personal representative is
1835	1835	not liable to the surviving spouse or any person claiming from the
1836	1836	surviving spouse for selling, exchanging, distributing, or
1837	1837	otherwise disposing of the property. (Tex. Prob. Code, Sec.
1838	1838	460(a).)
1839	1839	Sec. 112.204. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1840	1840	AGREEMENT. (a) This section applies only to a person or entity who
1841	1841	for value purchases property:
1842	1842	(1) from a person claiming from a deceased spouse more
1843	1843	than six months after the date of the deceased spouse's death or
1844	1844	from the personal representative of the deceased spouse's estate;
1845	1845	and
1846	1846	(2) without notice of the existence of an agreement
1847	1847	creating a right of survivorship in the property in the surviving
1848	1848	spouse.
1849	1849	(b) A purchaser of property from a person claiming from the
1850	1850	deceased spouse has good title to the interest in the property that
1851	1851	the person would have had in the absence of the agreement described
1852	1852	by Subsection (a)(2), as against the claims of the surviving spouse
1853	1853	or any person claiming from the surviving spouse.
1854	1854	(c) A purchaser of property from the personal
1855	1855	representative of the deceased spouse's estate has good title to
1856	1856	the interest in the property that the personal representative would
1857	1857	have had authority to convey in the absence of the agreement
1858	1858	described by Subsection (a)(2), as against the claims of the
1859	1859	surviving spouse or any person claiming from the surviving spouse.
1860	1860	(Tex. Prob. Code, Sec. 460(b).)
1861	1861	Sec. 112.205. DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF
1862	1862	AGREEMENT. (a) This section applies only to a person or entity
1863	1863	who:
1864	1864	(1) owes money to a deceased spouse; or
1865	1865	(2) has custody of property or acts as registrar or
1866	1866	transfer agent of any evidence of interest, indebtedness, property,
1867	1867	or right owned by a deceased spouse before that spouse's death.
1868	1868	(b) A person or entity with no actual knowledge of the
1869	1869	existence of an agreement creating a right of survivorship in
1870	1870	property described by Subsection (a) in the surviving spouse may
1871	1871	pay or transfer that property to the personal representative of the
1872	1872	deceased spouse's estate or, if no administration of the deceased
1873	1873	spouse's estate is pending, to the heirs or devisees of the estate
1874	1874	and shall be discharged from all claims for those amounts or
1875	1875	property paid or transferred. (Tex. Prob. Code, Sec. 460(d).)
1876	1876	Sec. 112.206. THIRD-PARTY PURCHASER WITHOUT NOTICE OF
1877	1877	REVOCATION OF AGREEMENT. (a) This section applies only to a person
1878	1878	or entity who for value purchases property from a surviving spouse
1879	1879	more than six months after the date of the deceased spouse's death
1880	1880	and:
1881	1881	(1) with respect to personal property:
1882	1882	(A) the purchaser has received an original or
1883	1883	certified copy of an agreement purporting to create a right of
1884	1884	survivorship in the personal property in the surviving spouse,
1885	1885	purportedly signed by both spouses; and
1886	1886	(B) the purchaser has no notice of the revocation
1887	1887	of the agreement; or
1888	1888	(2) with respect to real property:
1889	1889	(A) the purchaser has received an original or
1890	1890	certified copy of an agreement purporting to create a right of
1891	1891	survivorship in the real property in the surviving spouse,
1892	1892	purportedly signed by both spouses or such an agreement is properly
1893	1893	recorded in a county in which any part of the real property is
1894	1894	located; and
1895	1895	(B) the purchaser has no notice of the revocation
1896	1896	of the agreement.
1897	1897	(b) A purchaser has good title to the interest in the
1898	1898	property that the surviving spouse would have had in the absence of
1899	1899	the revocation of the agreement, as against the claims of the
1900	1900	personal representative of the deceased spouse's estate or any
1901	1901	person claiming from the representative or the deceased spouse.
1902	1902	(Tex. Prob. Code, Sec. 460(c).)
1903	1903	Sec. 112.207. DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF
1904	1904	REVOCATION OF AGREEMENT. (a) This section applies only to a person
1905	1905	or entity who:
1906	1906	(1) owes money to a deceased spouse; or
1907	1907	(2) has custody of property or acts as registrar or
1908	1908	transfer agent of any evidence of interest, indebtedness, property,
1909	1909	or right owned by a deceased spouse before that spouse's death.
1910	1910	(b) If a person or entity is presented with the original or a
1911	1911	certified copy of an agreement creating a right of survivorship in
1912	1912	property described by Subsection (a) in the surviving spouse,
1913	1913	purportedly signed by both spouses, and if the person or entity has
1914	1914	no actual knowledge that the agreement was revoked, the person or
1915	1915	entity may pay or transfer that property to the surviving spouse and
1916	1916	shall be discharged from all claims for those amounts or property
1917	1917	paid or transferred. (Tex. Prob. Code, Sec. 460(e).)
1918	1918	Sec. 112.208. RIGHTS OF SURVIVING SPOUSE AGAINST CREDITORS.
1919	1919	Except as expressly provided by this subchapter, this subchapter
1920	1920	does not affect the rights of a surviving spouse or person claiming
1921	1921	from the surviving spouse in disputes with persons claiming from a
1922	1922	deceased spouse or the successors of any of them concerning a
1923	1923	beneficial interest in property or the proceeds from a beneficial
1924	1924	interest in property, subject to a right of survivorship under an
1925	1925	agreement that satisfies the requirements of this chapter. (Tex.
1926	1926	Prob. Code, Sec. 460(g).)
1927	1927	[Sections 112.209-112.250 reserved for expansion]
1928	1928	SUBCHAPTER F. RIGHTS OF CREDITORS
1929	1929	Sec. 112.251. MULTIPLE-PARTY ACCOUNTS. Chapter 113 governs
1930	1930	the rights of creditors with respect to multiple-party accounts, as
1931	1931	defined by Section 113.004. (Tex. Prob. Code, Sec. 461 (part).)
1932	1932	Sec. 112.252. LIABILITIES OF DECEASED SPOUSE NOT AFFECTED
1933	1933	BY RIGHT OF SURVIVORSHIP. (a) Except as expressly provided by
1934	1934	Section 112.251, the community property subject to the sole or
1935	1935	joint management, control, and disposition of a spouse during
1936	1936	marriage continues to be subject to the liabilities of that spouse
1937	1937	on that spouse's death without regard to a right of survivorship in
1938	1938	the surviving spouse under an agreement made in accordance with
1939	1939	this chapter.
1940	1940	(b) The surviving spouse is liable to account to the
1941	1941	deceased spouse's personal representative for property received by
1942	1942	the surviving spouse under a right of survivorship to the extent
1943	1943	necessary to discharge the deceased spouse's liabilities.
1944	1944	(c) A proceeding to assert a liability under Subsection (b):
1945	1945	(1) may be commenced only if the deceased spouse's
1946	1946	personal representative has received a written demand by a
1947	1947	creditor; and
1948	1948	(2) must be commenced on or before the second
1949	1949	anniversary of the deceased spouse's death.
1950	1950	(d) Property recovered by the deceased spouse's personal
1951	1951	representative under this section shall be administered as part of
1952	1952	the deceased spouse's estate. (Tex. Prob. Code, Sec. 461 (part).)
1953	1953	Sec. 112.253. RIGHTS OF DECEASED SPOUSE'S CREDITORS IN
1954	1954	RELATION TO THIRD PARTIES. This subchapter does not affect the
1955	1955	protection afforded to a person or entity under Subchapter E
1956	1956	unless, before payment or transfer to the surviving spouse, the
1957	1957	person or entity received a written notice from the deceased
1958	1958	spouse's personal representative stating the amount needed to
1959	1959	discharge the deceased spouse's liabilities. (Tex. Prob. Code, Sec.
1960	1960	461 (part).)
1961	1961	CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
1962	1962	SUBCHAPTER A. GENERAL PROVISIONS
1963	1963	Sec. 113.001. GENERAL DEFINITIONS
1964	1964	Sec. 113.002. DEFINITION OF PARTY
1965	1965	Sec. 113.003. DEFINITION OF NET CONTRIBUTION
1966	1966	Sec. 113.004. TYPES OF ACCOUNTS
1967	1967	Sec. 113.005. AUTHORITY OF FINANCIAL INSTITUTIONS TO
1968	1968	ENTER INTO CERTAIN ACCOUNTS
1969	1969	[Sections 113.006-113.050 reserved for expansion]
1970	1970	SUBCHAPTER B. UNIFORM ACCOUNT FORM
1971	1971	Sec. 113.051. ESTABLISHMENT OF TYPE OF ACCOUNT;
1972	1972	APPLICABILITY OF CERTAIN LAW
1973	1973	Sec. 113.052. FORM
1974	1974	Sec. 113.053. USE OF FORM; DISCLOSURE
1975	1975	[Sections 113.054-113.100 reserved for expansion]
1976	1976	SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS
1977	1977	Sec. 113.101. EFFECT OF CERTAIN PROVISIONS REGARDING
1978	1978	OWNERSHIP BETWEEN PARTIES AND OTHERS
1979	1979	Sec. 113.102. OWNERSHIP OF JOINT ACCOUNT DURING
1980	1980	PARTIES' LIFETIMES
1981	1981	Sec. 113.103. OWNERSHIP OF P.O.D. ACCOUNT DURING
1982	1982	ORIGINAL PAYEE'S LIFETIME
1983	1983	Sec. 113.104. OWNERSHIP OF TRUST ACCOUNT DURING
1984	1984	TRUSTEE'S LIFETIME
1985	1985	Sec. 113.105. OWNERSHIP OF CONVENIENCE ACCOUNT;
1986	1986	ADDITIONS AND ACCRUALS
1987	1987	[Sections 113.106-113.150 reserved for expansion]
1988	1988	SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
1989	1989	Sec. 113.151. ESTABLISHMENT OF RIGHT OF SURVIVORSHIP
1990	1990	OF PARTY
1991	1991	Sec. 113.152. OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF
1992	1992	PARTY
1993	1993	Sec. 113.153. OWNERSHIP OF TRUST ACCOUNT ON DEATH OF
1994	1994	TRUSTEE
1995	1995	Sec. 113.154. OWNERSHIP OF CONVENIENCE ACCOUNT ON
1996	1996	DEATH OF PARTY
1997	1997	Sec. 113.155. EFFECT OF DEATH OF PARTY ON CERTAIN
1998	1998	SURVIVORSHIP
1999	1999	Sec. 113.156. APPLICABILITY OF CERTAIN PROVISIONS ON
2000	2000	DEATH OF PARTY
2001	2001	Sec. 113.157. WRITTEN NOTICE TO FINANCIAL INSTITUTIONS
2002	2002	REGARDING FORM OF ACCOUNT
2003	2003	Sec. 113.158. NONTESTAMENTARY NATURE OF CERTAIN
2004	2004	TRANSFERS
2005	2005	[Sections 113.159-113.200 reserved for expansion]
2006	2006	SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS
2007	2007	Sec. 113.201. APPLICABILITY OF SUBCHAPTER
2008	2008	Sec. 113.202. PAYMENT OF MULTIPLE-PARTY ACCOUNT
2009	2009	Sec. 113.203. PAYMENT OF JOINT ACCOUNT
2010	2010	Sec. 113.204. PAYMENT OF P.O.D. ACCOUNT
2011	2011	Sec. 113.205. PAYMENT OF TRUST ACCOUNT
2012	2012	Sec. 113.206. PAYMENT OF CONVENIENCE ACCOUNT
2013	2013	Sec. 113.207. LIABILITY FOR PAYMENT FROM JOINT ACCOUNT
2014	2014	AFTER DEATH
2015	2015	Sec. 113.208. LIABILITY FOR PAYMENT FROM CONVENIENCE
2016	2016	ACCOUNT
2017	2017	Sec. 113.209. DISCHARGE FROM CLAIMS
2018	2018	Sec. 113.210. SET-OFF TO FINANCIAL INSTITUTION
2019	2019	[Sections 113.211-113.250 reserved for expansion]
2020	2020	SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT
2021	2021	Sec. 113.251. PLEDGE OF ACCOUNT
2022	2022	Sec. 113.252. RIGHTS OF CREDITORS
2023	2023	Sec. 113.253. NO EFFECT ON CERTAIN RIGHTS AND
2024	2024	LIABILITIES OF FINANCIAL INSTITUTIONS
2025	2025	CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
2026	2026	SUBCHAPTER A. GENERAL PROVISIONS
2027	2027	Sec. 113.001. GENERAL DEFINITIONS. In this chapter:
2028	2028	(1) "Account" means a contract of deposit of funds
2029	2029	between a depositor and a financial institution. The term includes
2030	2030	a checking account, savings account, certificate of deposit, share
2031	2031	account, or other similar arrangement.
2032	2032	(2) "Beneficiary" means a person named in a trust
2033	2033	account for whom a party to the account is named as trustee.
2034	2034	(3) "Financial institution" means an organization
2035	2035	authorized to do business under state or federal laws relating to
2036	2036	financial institutions. The term includes a bank or trust company,
2037	2037	savings bank, building and loan association, savings and loan
2038	2038	company or association, credit union, and brokerage firm that deals
2039	2039	in the sale and purchase of stocks, bonds, and other types of
2040	2040	securities.
2041	2041	(4) "Payment" of sums on deposit includes a
2042	2042	withdrawal, a payment on a check or other directive of a party, and
2043	2043	a pledge of sums on deposit by a party and any set-off, or reduction
2044	2044	or other disposition of all or part of an account under a pledge.
2045	2045	(5) "P.O.D. payee" means a person designated on a
2046	2046	P.O.D. account as a person to whom the account is payable on request
2047	2047	after the death of one or more persons.
2048	2048	(6) "Proof of death" includes:
2049	2049	(A) a certified copy of a death certificate; or
2050	2050	(B) a judgment or order of a court in a proceeding
2051	2051	in which the death of a person is proved to the satisfaction of the
2052	2052	court by circumstantial evidence in accordance with Chapter 454.
2053	2053	(7) "Request" means a proper request for withdrawal,
2054	2054	or a check or order for payment, that complies with all conditions
2055	2055	of the account, including special requirements concerning
2056	2056	necessary signatures and regulations of the financial institution.
2057	2057	If a financial institution conditions withdrawal or payment on
2058	2058	advance notice, for purposes of this chapter a request for
2059	2059	withdrawal or payment is treated as immediately effective and a
2060	2060	notice of intent to withdraw is treated as a request for withdrawal.
2061	2061	(8) "Sums on deposit" means the balance payable on a
2062	2062	multiple-party account including interest, dividends, and any
2063	2063	deposit life insurance proceeds added to the account by reason of
2064	2064	the death of a party.
2065	2065	(9) "Withdrawal" includes payment to a third person in
2066	2066	accordance with a check or other directive of a party. (Tex. Prob.
2067	2067	Code, Secs. 436(1), (2), (3), (8), (9), (11), (12), (13), (15).)
2068	2068	Sec. 113.002. DEFINITION OF PARTY. (a) In this chapter,
2069	2069	"party" means a person who, by the terms of a multiple-party
2070	2070	account, has a present right, subject to request, to payment from
2071	2071	the account. Except as otherwise required by the context, the term
2072	2072	includes a guardian, personal representative, or assignee,
2073	2073	including an attaching creditor, of a party. The term also includes
2074	2074	a person identified as a trustee of an account for another
2075	2075	regardless of whether a beneficiary is named. The term does not
2076	2076	include a named beneficiary unless the beneficiary has a present
2077	2077	right of withdrawal.
2078	2078	(b) A P.O.D. payee or beneficiary of a trust account is a
2079	2079	party only after the account becomes payable to the P.O.D. payee or
2080	2080	beneficiary by reason of the P.O.D. payee or beneficiary surviving
2081	2081	the original payee or trustee. (Tex. Prob. Code, Sec. 436(7).)
2082	2082	Sec. 113.003. DEFINITION OF NET CONTRIBUTION. (a) In this
2083	2083	chapter, "net contribution" of a party to a joint account at any
2084	2084	given time is the sum of all deposits made to that account by or for
2085	2085	the party, less all withdrawals made by or for the party that have
2086	2086	not been paid to or applied to the use of any other party, plus a pro
2087	2087	rata share of any interest or dividends included in the current
2088	2088	balance of the account. The term also includes any deposit life
2089	2089	insurance proceeds added to the account by reason of the death of
2090	2090	the party whose net contribution is in question.
2091	2091	(b) A financial institution may not be required to inquire,
2092	2092	for purposes of establishing net contributions, about:
2093	2093	(1) the source of funds received for deposit to a
2094	2094	multiple-party account; or
2095	2095	(2) the proposed application of an amount withdrawn
2096	2096	from a multiple-party account. (Tex. Prob. Code, Secs. 436(6), 444
2097	2097	(part).)
2098	2098	Sec. 113.004. TYPES OF ACCOUNTS. In this chapter:
2099	2099	(1) "Convenience account" means an account that:
2100	2100	(A) is established at a financial institution by
2101	2101	one or more parties in the names of the parties and one or more
2102	2102	convenience signers; and
2103	2103	(B) has terms that provide that the sums on
2104	2104	deposit are paid or delivered to the parties or to the convenience
2105	2105	signers "for the convenience" of the parties.
2106	2106	(2) "Joint account" means an account payable on
2107	2107	request to one or more of two or more parties, regardless of whether
2108	2108	there is a right of survivorship.
2109	2109	(3) "Multiple-party account" means a joint account, a
2110	2110	convenience account, a P.O.D. account, or a trust account. The term
2111	2111	does not include an account established for the deposit of funds of
2112	2112	a partnership, joint venture, or other association for business
2113	2113	purposes, or an account controlled by one or more persons as the
2114	2114	authorized agent or trustee for a corporation, unincorporated
2115	2115	association, charitable or civic organization, or a regular
2116	2116	fiduciary or trust account in which the relationship is established
2117	2117	other than by deposit agreement.
2118	2118	(4) "P.O.D. account" means an account payable on
2119	2119	request to:
2120	2120	(A) one person during the person's lifetime and,
2121	2121	on the person's death, to one or more P.O.D. payees; or
2122	2122	(B) one or more persons during their lifetimes
2123	2123	and, on the death of all of those persons, to one or more P.O.D.
2124	2124	payees.
2125	2125	(5) "Trust account" means an account in the name of one
2126	2126	or more parties as trustee for one or more beneficiaries in which
2127	2127	the relationship is established by the form of the account and the
2128	2128	deposit agreement with the financial institution and in which there
2129	2129	is no subject of the trust other than the sums on deposit in the
2130	2130	account. The deposit agreement is not required to address payment
2131	2131	to the beneficiary. The term does not include:
2132	2132	(A) a regular trust account under a testamentary
2133	2133	trust or a trust agreement that has significance apart from the
2134	2134	account; or
2135	2135	(B) a fiduciary account arising from a fiduciary
2136	2136	relationship, such as the attorney-client relationship. (Tex.
2137	2137	Prob. Code, Secs. 436(4), (5), (10), (14), 438A(a).)
2138	2138	Sec. 113.005. AUTHORITY OF FINANCIAL INSTITUTIONS TO ENTER
2139	2139	INTO CERTAIN ACCOUNTS. A financial institution may enter into a
2140	2140	multiple-party account to the same extent that the institution may
2141	2141	enter into a single-party account. (Tex. Prob. Code, Sec. 444
2142	2142	(part).)
2143	2143	[Sections 113.006-113.050 reserved for expansion]
2144	2144	SUBCHAPTER B. UNIFORM ACCOUNT FORM
2145	2145	Sec. 113.051. ESTABLISHMENT OF TYPE OF ACCOUNT;
2146	2146	APPLICABILITY OF CERTAIN LAW. (a) A contract of deposit that
2147	2147	contains provisions substantially the same as in the form provided
2148	2148	by Section 113.052 establishes the type of account selected by a
2149	2149	party. This chapter governs an account selected under the form,
2150	2150	other than a single-party account without a P.O.D. designation.
2151	2151	(b) A contract of deposit that does not contain provisions
2152	2152	substantially the same as in the form provided by Section 113.052 is
2153	2153	governed by the provisions of this chapter applicable to the type of
2154	2154	account that most nearly conforms to the depositor's intent. (Tex.
2155	2155	Prob. Code, Sec. 439A(a).)
2156	2156	Sec. 113.052. FORM. A financial institution may use the
2157	2157	following form to establish the type of account selected by a party:
2158	2158	UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION
2159	2159	FORM NOTICE: The type of account you select may determine how
2160	2160	property passes on your death. Your will may not control the
2161	2161	disposition of funds held in some of the following accounts.
2162	2162	Select one of the following accounts by placing your initials
2163	2163	next to the account selected:
2164	2164	___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON
2165	2165	DEATH) DESIGNATION. The party to the account owns the account. On
2166	2166	the death of the party, ownership of the account passes as a part of
2167	2167	the party's estate under the party's will or by intestacy.
2168	2168	Enter the name of the party:
2169	2169	________________________________________________________________
2170	2170	___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON
2171	2171	DEATH) DESIGNATION. The party to the account owns the account. On
2172	2172	the death of the party, ownership of the account passes to the
2173	2173	P.O.D. beneficiaries of the account. The account is not a part of
2174	2174	the party's estate.
2175	2175	Enter the name of the party:
2176	2176	________________________________________________________________
2177	2177	Enter the name or names of the P.O.D. beneficiaries:
2178	2178	________________________________________________________________
2179	2179	________________________________________________________________
2180	2180	___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF
2181	2181	SURVIVORSHIP. The parties to the account own the account in
2182	2182	proportion to the parties' net contributions to the account. The
2183	2183	financial institution may pay any sum in the account to a party at
2184	2184	any time. On the death of a party, the party's ownership of the
2185	2185	account passes as a part of the party's estate under the party's
2186	2186	will or by intestacy.
2187	2187	Enter the names of the parties:
2188	2188	________________________________________________________________
2189	2189	________________________________________________________________
2190	2190	________________________________________________________________
2191	2191	___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP.
2192	2192	The parties to the account own the account in proportion to the
2193	2193	parties' net contributions to the account. The financial
2194	2194	institution may pay any sum in the account to a party at any time.
2195	2195	On the death of a party, the party's ownership of the account passes
2196	2196	to the surviving parties.
2197	2197	Enter the names of the parties:
2198	2198	________________________________________________________________
2199	2199	________________________________________________________________
2200	2200	___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND
2201	2201	P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the account
2202	2202	own the account in proportion to the parties' net contributions to
2203	2203	the account. The financial institution may pay any sum in the
2204	2204	account to a party at any time. On the death of the last surviving
2205	2205	party, the ownership of the account passes to the P.O.D.
2206	2206	beneficiaries.
2207	2207	Enter the names of the parties:
2208	2208	________________________________________________________________
2209	2209	________________________________________________________________
2210	2210	Enter the name or names of the P.O.D. beneficiaries:
2211	2211	________________________________________________________________
2212	2212	________________________________________________________________
2213	2213	___ (6) CONVENIENCE ACCOUNT. The parties to the account own
2214	2214	the account. One or more convenience signers to the account may
2215	2215	make account transactions for a party. A convenience signer does
2216	2216	not own the account. On the death of the last surviving party,
2217	2217	ownership of the account passes as a part of the last surviving
2218	2218	party's estate under the last surviving party's will or by
2219	2219	intestacy. The financial institution may pay funds in the account
2220	2220	to a convenience signer before the financial institution receives
2221	2221	notice of the death of the last surviving party. The payment to a
2222	2222	convenience signer does not affect the parties' ownership of the
2223	2223	account.
2224	2224	Enter the names of the parties:
2225	2225	________________________________________________________________
2226	2226	________________________________________________________________
2227	2227	Enter the names of the convenience signers:
2228	2228	________________________________________________________________
2229	2229	________________________________________________________________
2230	2230	___ (7) TRUST ACCOUNT. The parties named as trustees to the
2231	2231	account own the account in proportion to the parties' net
2232	2232	contributions to the account. A trustee may withdraw funds from the
2233	2233	account. A beneficiary may not withdraw funds from the account
2234	2234	before all trustees are deceased. On the death of the last
2235	2235	surviving trustee, the ownership of the account passes to the
2236	2236	beneficiary. The trust account is not a part of a trustee's estate
2237	2237	and does not pass under the trustee's will or by intestacy, unless
2238	2238	the trustee survives all of the beneficiaries and all other
2239	2239	trustees.
2240	2240	Enter the name or names of the trustees:
2241	2241	________________________________________________________________
2242	2242	________________________________________________________________
2243	2243	Enter the name or names of the beneficiaries:
2244	2244	________________________________________________________________
2245	2245	________________________________________________________________
2246	2246	(Tex. Prob. Code, Sec. 439A(b).)
2247	2247	Sec. 113.053. USE OF FORM; DISCLOSURE. (a) A financial
2248	2248	institution is considered to have adequately disclosed the
2249	2249	information provided in this subchapter if the financial
2250	2250	institution uses the form provided by Section 113.052.
2251	2251	(b) If a financial institution varies the format of the form
2252	2252	provided by Section 113.052, the financial institution may make
2253	2253	disclosures in the account agreement or in any other form that
2254	2254	adequately discloses the information provided by this subchapter.
2255	2255	(c) If the customer receives adequate disclosure of the
2256	2256	ownership rights to an account and the names of the parties are
2257	2257	appropriately indicated, a financial institution may combine any of
2258	2258	the provisions in, and vary the format of, the form and notices
2259	2259	described in Section 113.052 in:
2260	2260	(1) a universal account form with options listed for
2261	2261	selection and additional disclosures provided in the account
2262	2262	agreement; or
2263	2263	(2) any other manner that adequately discloses the
2264	2264	information provided by this subchapter. (Tex. Prob. Code, Secs.
2265	2265	439A(c), (d).)
2266	2266	[Sections 113.054-113.100 reserved for expansion]
2267	2267	SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS
2268	2268	Sec. 113.101. EFFECT OF CERTAIN PROVISIONS REGARDING
2269	2269	OWNERSHIP BETWEEN PARTIES AND OTHERS. The provisions of this
2270	2270	subchapter and Subchapters B and D that relate to beneficial
2271	2271	ownership between parties, or between parties and P.O.D. payees or
2272	2272	beneficiaries of multiple-party accounts:
2273	2273	(1) are relevant only to controversies between those
2274	2274	persons and those persons' creditors and other successors; and
2275	2275	(2) do not affect the withdrawal power of those
2276	2276	persons under the terms of an account contract. (Tex. Prob. Code,
2277	2277	Sec. 437.)
2278	2278	Sec. 113.102. OWNERSHIP OF JOINT ACCOUNT DURING PARTIES'
2279	2279	LIFETIMES. During the lifetime of all parties to a joint account,
2280	2280	the account belongs to the parties in proportion to the net
2281	2281	contributions by each party to the sums on deposit unless there is
2282	2282	clear and convincing evidence of a different intent. (Tex. Prob.
2283	2283	Code, Sec. 438(a).)
2284	2284	Sec. 113.103. OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL
2285	2285	PAYEE'S LIFETIME. (a) During the lifetime of an original payee of
2286	2286	a P.O.D. account, the account belongs to the original payee and does
2287	2287	not belong to the P.O.D. payee or payees.
2288	2288	(b) If two or more parties are named as original payees of a
2289	2289	P.O.D. account, during the parties' lifetimes rights between the
2290	2290	parties are governed by Section 113.102. (Tex. Prob. Code, Sec.
2291	2291	438(b).)
2292	2292	Sec. 113.104. OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S
2293	2293	LIFETIME. (a) A trust account belongs beneficially to the trustee
2294	2294	during the trustee's lifetime unless:
2295	2295	(1) the terms of the account or the deposit agreement
2296	2296	manifest a contrary intent; or
2297	2297	(2) other clear and convincing evidence of an
2298	2298	irrevocable trust exists.
2299	2299	(b) If two or more parties are named as trustees on a trust
2300	2300	account, during the parties' lifetimes beneficial rights between
2301	2301	the parties are governed by Section 113.102.
2302	2302	(c) An account that is an irrevocable trust belongs
2303	2303	beneficially to the beneficiary. (Tex. Prob. Code, Sec. 438(c).)
2304	2304	Sec. 113.105. OWNERSHIP OF CONVENIENCE ACCOUNT; ADDITIONS
2305	2305	AND ACCRUALS. (a) The making of a deposit in a convenience account
2306	2306	does not affect the title to the deposit.
2307	2307	(b) A party to a convenience account is not considered to
2308	2308	have made a gift of the deposit, or of any additions or accruals to
2309	2309	the deposit, to a convenience signer.
2310	2310	(c) An addition made to a convenience account by anyone
2311	2311	other than a party, and accruals to the addition, are considered to
2312	2312	have been made by a party. (Tex. Prob. Code, Secs. 438A(b), (c),
2313	2313	(e).)
2314	2314	[Sections 113.106-113.150 reserved for expansion]
2315	2315	SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
2316	2316	Sec. 113.151. ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN
2317	2317	JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY. (a) Sums remaining on
2318	2318	deposit on the death of a party to a joint account belong to the
2319	2319	surviving party or parties against the estate of the deceased party
2320	2320	if the interest of the deceased party is made to survive to the
2321	2321	surviving party or parties by a written agreement signed by the
2322	2322	party who dies.
2323	2323	(b) Notwithstanding any other law, an agreement is
2324	2324	sufficient under this section to confer an absolute right of
2325	2325	survivorship on parties to a joint account if the agreement
2326	2326	contains a statement substantially similar to the following: "On
2327	2327	the death of one party to a joint account, all sums in the account on
2328	2328	the date of the death vest in and belong to the surviving party as
2329	2329	his or her separate property and estate."
2330	2330	(c) A survivorship agreement may not be inferred from the
2331	2331	mere fact that the account is a joint account.
2332	2332	(d) If there are two or more surviving parties to a joint
2333	2333	account that is subject to a right of survivorship agreement:
2334	2334	(1) during the parties' lifetimes respective
2335	2335	ownerships are in proportion to the parties' previous ownership
2336	2336	interests under Sections 113.102, 113.103, and 113.104, as
2337	2337	applicable, augmented by an equal share for each survivor of any
2338	2338	interest a deceased party owned in the account immediately before
2339	2339	that party's death; and
2340	2340	(2) the right of survivorship continues between the
2341	2341	surviving parties if a written agreement signed by a party who dies
2342	2342	provides for that continuation. (Tex. Prob. Code, Sec. 439(a).)
2343	2343	Sec. 113.152. OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF
2344	2344	PARTY. (a) If the account is a P.O.D. account and there is a
2345	2345	written agreement signed by the original payee or payees, on the
2346	2346	death of the original payee or on the death of the survivor of two or
2347	2347	more original payees, any sums remaining on deposit belong to:
2348	2348	(1) the P.O.D. payee or payees if surviving; or
2349	2349	(2) the survivor of the P.O.D. payees if one or more
2350	2350	P.O.D. payees die before the original payee.
2351	2351	(b) If two or more P.O.D. payees survive, no right of
2352	2352	survivorship exists between the surviving P.O.D. payees unless the
2353	2353	terms of the account or deposit agreement expressly provide for
2354	2354	survivorship between those payees. (Tex. Prob. Code, Sec. 439(b).)
2355	2355	Sec. 113.153. OWNERSHIP OF TRUST ACCOUNT ON DEATH OF
2356	2356	TRUSTEE. (a) If the account is a trust account and there is a
2357	2357	written agreement signed by the trustee or trustees, on death of the
2358	2358	trustee or the survivor of two or more trustees, any sums remaining
2359	2359	on deposit belong to:
2360	2360	(1) the person or persons named as beneficiaries, if
2361	2361	surviving; or
2362	2362	(2) the survivor of the persons named as beneficiaries
2363	2363	if one or more beneficiaries die before the trustee.
2364	2364	(b) If two or more beneficiaries survive, no right of
2365	2365	survivorship exists between the surviving beneficiaries unless the
2366	2366	terms of the account or deposit agreement expressly provide for
2367	2367	survivorship between those beneficiaries. (Tex. Prob. Code, Sec.
2368	2368	439(c).)
2369	2369	Sec. 113.154. OWNERSHIP OF CONVENIENCE ACCOUNT ON DEATH OF
2370	2370	PARTY. On the death of the last surviving party to a convenience
2371	2371	account:
2372	2372	(1) a convenience signer has no right of survivorship
2373	2373	in the account; and
2374	2374	(2) ownership of the account remains in the estate of
2375	2375	the last surviving party. (Tex. Prob. Code, Sec. 438A(d).)
2376	2376	Sec. 113.155. EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS
2377	2377	WITHOUT RIGHTS OF SURVIVORSHIP. The death of a party to a
2378	2378	multiple-party account to which Sections 113.151, 113.152, and
2379	2379	113.153 do not apply has no effect on the beneficial ownership of
2380	2380	the account, other than to transfer the rights of the deceased party
2381	2381	as part of the deceased party's estate. (Tex. Prob. Code, Sec.
2382	2382	439(d).)
2383	2383	Sec. 113.156. APPLICABILITY OF CERTAIN PROVISIONS ON DEATH
2384	2384	OF PARTY. Sections 113.151, 113.152, 113.153, and 113.155 as to
2385	2385	rights of survivorship are determined by the form of the account at
2386	2386	the death of a party. (Tex. Prob. Code, Sec. 440 (part).)
2387	2387	Sec. 113.157. WRITTEN NOTICE TO FINANCIAL INSTITUTIONS
2388	2388	REGARDING FORM OF ACCOUNT. Notwithstanding any other law, the form
2389	2389	of an account may be altered by written order given by a party to the
2390	2390	financial institution to change the form of the account or to stop
2391	2391	or vary payment under the terms of the account. The order or
2392	2392	request must be signed by a party, received by the financial
2393	2393	institution during the party's lifetime, and not countermanded by
2394	2394	another written order of the same party during the party's
2395	2395	lifetime. (Tex. Prob. Code, Sec. 440 (part).)
2396	2396	Sec. 113.158. NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS.
2397	2397	Transfers resulting from the application of Sections 113.151,
2398	2398	113.152, 113.153, and 113.155 are effective by reason of the
2399	2399	account contracts involved and this chapter and are not to be
2400	2400	considered testamentary transfers or subject to the testamentary
2401	2401	provisions of this title. (Tex. Prob. Code, Sec. 441.)
2402	2402	[Sections 113.159-113.200 reserved for expansion]
2403	2403	SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS
2404	2404	Sec. 113.201. APPLICABILITY OF SUBCHAPTER. This subchapter
2405	2405	and Section 113.003(b) govern:
2406	2406	(1) the liability of financial institutions that make
2407	2407	payments as provided by this subchapter; and
2408	2408	(2) the set-off rights of those institutions. (Tex.
2409	2409	Prob. Code, Sec. 443.)
2410	2410	Sec. 113.202. PAYMENT OF MULTIPLE-PARTY ACCOUNT. A
2411	2411	multiple-party account may be paid, on request, to any one or more
2412	2412	of the parties. (Tex. Prob. Code, Sec. 444 (part).)
2413	2413	Sec. 113.203. PAYMENT OF JOINT ACCOUNT. (a) Subject to
2414	2414	Subsection (b), amounts in a joint account may be paid, on request,
2415	2415	to any party without regard to whether any other party is
2416	2416	incapacitated or deceased at the time the payment is demanded.
2417	2417	(b) Payment may not be made to the personal representative
2418	2418	or heir of a deceased party unless:
2419	2419	(1) proofs of death are presented to the financial
2420	2420	institution showing that the deceased party was the last surviving
2421	2421	party; or
2422	2422	(2) there is no right of survivorship under Sections
2423	2423	113.151, 113.152, 113.153, and 113.155. (Tex. Prob. Code, Sec. 445
2424	2424	(part).)
2425	2425	Sec. 113.204. PAYMENT OF P.O.D. ACCOUNT. (a) A P.O.D.
2426	2426	account may be paid, on request, to any original payee of the
2427	2427	account.
2428	2428	(b) Payment may be made, on request, to the P.O.D. payee or
2429	2429	to the personal representative or heirs of a deceased P.O.D. payee
2430	2430	on the presentation to the financial institution of proof of death
2431	2431	showing that the P.O.D. payee survived each person named as an
2432	2432	original payee.
2433	2433	(c) Payment may be made to the personal representative or
2434	2434	heirs of a deceased original payee if proof of death is presented to
2435	2435	the financial institution showing that the deceased original payee
2436	2436	was the survivor of each other person named on the account as an
2437	2437	original payee or a P.O.D. payee. (Tex. Prob. Code, Sec. 446.)
2438	2438	Sec. 113.205. PAYMENT OF TRUST ACCOUNT. (a) A trust
2439	2439	account may be paid, on request, to any trustee.
2440	2440	(b) Unless a financial institution has received written
2441	2441	notice that a beneficiary has a vested interest not dependent on the
2442	2442	beneficiary's surviving the trustee, payment may be made to the
2443	2443	personal representative or heirs of a deceased trustee if proof of
2444	2444	death is presented to the financial institution showing that the
2445	2445	deceased trustee was the survivor of each other person named on the
2446	2446	account as a trustee or beneficiary.
2447	2447	(c) Payment may be made, on request, to a beneficiary if
2448	2448	proof of death is presented to the financial institution showing
2449	2449	that the beneficiary or beneficiaries survived all persons named as
2450	2450	trustees. (Tex. Prob. Code, Sec. 447.)
2451	2451	Sec. 113.206. PAYMENT OF CONVENIENCE ACCOUNT. Deposits to
2452	2452	a convenience account and additions and accruals to the deposits
2453	2453	may be paid to a party or a convenience signer. (Tex. Prob. Code,
2454	2454	Sec. 438A(f) (part).)
2455	2455	Sec. 113.207. LIABILITY FOR PAYMENT FROM JOINT ACCOUNT
2456	2456	AFTER DEATH. A financial institution that pays an amount from a
2457	2457	joint account to a surviving party to that account in accordance
2458	2458	with a written agreement under Section 113.151 is not liable to an
2459	2459	heir, devisee, or beneficiary of the deceased party's estate.
2460	2460	(Tex. Prob. Code, Sec. 445 (part).)
2461	2461	Sec. 113.208. LIABILITY FOR PAYMENT FROM CONVENIENCE
2462	2462	ACCOUNT. (a) A financial institution is completely released from
2463	2463	liability for a payment made from a convenience account before the
2464	2464	financial institution receives notice in writing signed by a party
2465	2465	not to make the payment in accordance with the terms of the account.
2466	2466	After receipt of the notice from a party, the financial institution
2467	2467	may require a party to approve any further payments from the
2468	2468	account.
2469	2469	(b) A financial institution that makes a payment of the sums
2470	2470	on deposit in a convenience account to a convenience signer after
2471	2471	the death of the last surviving party, but before the financial
2472	2472	institution receives written notice of the last surviving party's
2473	2473	death, is completely released from liability for the payment.
2474	2474	(c) A financial institution that makes a payment of the sums
2475	2475	on deposit in a convenience account to the personal representative
2476	2476	of the deceased last surviving party's estate after the death of the
2477	2477	last surviving party, but before a court order prohibiting payment
2478	2478	is served on the financial institution, is, to the extent of the
2479	2479	payment, released from liability to any person claiming a right to
2480	2480	the funds. The personal representative's receipt of the funds is a
2481	2481	complete release and discharge of the financial institution. (Tex.
2482	2482	Prob. Code, Secs. 438A(f) (part), (g).)
2483	2483	Sec. 113.209. DISCHARGE FROM CLAIMS. (a) Payment made in
2484	2484	accordance with Section 113.202, 113.203, 113.204, 113.205, or
2485	2485	113.207 discharges the financial institution from all claims for
2486	2486	those amounts paid regardless of whether the payment is consistent
2487	2487	with the beneficial ownership of the account between parties,
2488	2488	P.O.D. payees, or beneficiaries, or their successors.
2489	2489	(b) The protection provided by Subsection (a) does not
2490	2490	extend to payments made after a financial institution receives,
2491	2491	from any party able to request present payment, written notice to
2492	2492	the effect that withdrawals in accordance with the terms of the
2493	2493	account should not be permitted. Unless the notice is withdrawn by
2494	2494	the person giving the notice, the successor of a deceased party must
2495	2495	concur in a demand for withdrawal for the financial institution to
2496	2496	be protected under Subsection (a).
2497	2497	(c) No notice, other than the notice described by Subsection
2498	2498	(b), or any other information shown to have been available to a
2499	2499	financial institution affects the institution's right to the
2500	2500	protection provided by Subsection (a).
2501	2501	(d) The protection provided by Subsection (a) does not
2502	2502	affect the rights of parties in disputes between the parties or the
2503	2503	parties' successors concerning the beneficial ownership of funds
2504	2504	in, or withdrawn from, multiple-party accounts. (Tex. Prob. Code,
2505	2505	Sec. 448.)
2506	2506	Sec. 113.210. SET-OFF TO FINANCIAL INSTITUTION. (a)
2507	2507	Without qualifying any other statutory right to set-off or lien and
2508	2508	subject to any contractual provision, if a party to a
2509	2509	multiple-party account is indebted to a financial institution, the
2510	2510	financial institution has a right to set-off against the account in
2511	2511	which the party has, or had immediately before the party's death, a
2512	2512	present right of withdrawal.
2513	2513	(b) The amount of the account subject to set-off under this
2514	2514	section is that proportion to which the debtor is, or was
2515	2515	immediately before the debtor's death, beneficially entitled, and
2516	2516	in the absence of proof of net contributions, to an equal share with
2517	2517	all parties having present rights of withdrawal. (Tex. Prob. Code,
2518	2518	Sec. 449.)
2519	2519	[Sections 113.211-113.250 reserved for expansion]
2520	2520	SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT
2521	2521	Sec. 113.251. PLEDGE OF ACCOUNT. (a) A party to a
2522	2522	multiple-party account may pledge the account or otherwise create a
2523	2523	security interest in the account without the joinder of, as
2524	2524	applicable, a P.O.D. payee, a beneficiary, a convenience signer, or
2525	2525	any other party to a joint account, regardless of whether a right
2526	2526	of survivorship exists.
2527	2527	(b) A convenience signer may not pledge or otherwise create
2528	2528	a security interest in an account.
2529	2529	(c) Not later than the 30th day after the date a security
2530	2530	interest on a multiple-party account is perfected, a secured
2531	2531	creditor that is a financial institution with accounts insured by
2532	2532	the Federal Deposit Insurance Corporation shall provide written
2533	2533	notice of the pledge of the account to any other party to the
2534	2534	account who did not create the security interest. The notice must
2535	2535	be sent by certified mail to each other party at the last address
2536	2536	the party provided to the depository bank.
2537	2537	(d) The financial institution is not required to provide the
2538	2538	notice described by Subsection (c) to a P.O.D. payee, beneficiary,
2539	2539	or convenience signer. (Tex. Prob. Code, Sec. 442 (part).)
2540	2540	Sec. 113.252. RIGHTS OF CREDITORS. (a) A multiple-party
2541	2541	account is not effective against:
2542	2542	(1) an estate of a deceased party to transfer to a
2543	2543	survivor amounts needed to pay debts, taxes, and expenses of
2544	2544	administration, including statutory allowances to the surviving
2545	2545	spouse and minor children, if other assets of the estate are
2546	2546	insufficient; or
2547	2547	(2) the claim of a secured creditor who has a lien on
2548	2548	the account.
2549	2549	(b) A party, P.O.D. payee, or beneficiary who receives
2550	2550	payment from a multiple-party account after the death of a deceased
2551	2551	party is liable to account to the deceased party's personal
2552	2552	representative for amounts the deceased party owned beneficially
2553	2553	immediately before the party's death to the extent necessary to
2554	2554	discharge the claims and charges described by Subsection (a) that
2555	2555	remain unpaid after application of the deceased party's estate.
2556	2556	The party, P.O.D. payee, or beneficiary is not liable in an amount
2557	2557	greater than the amount the party, P.O.D. payee, or beneficiary
2558	2558	received from the multiple-party account.
2559	2559	(c) A proceeding to assert liability under Subsection (b):
2560	2560	(1) may only be commenced if the personal
2561	2561	representative receives a written demand by a surviving spouse, a
2562	2562	creditor, or one acting for a minor child of the deceased party; and
2563	2563	(2) must be commenced on or before the second
2564	2564	anniversary of the death of the deceased party.
2565	2565	(d) Amounts recovered by the personal representative under
2566	2566	this section must be administered as part of the decedent's estate.
2567	2567	(Tex. Prob. Code, Sec. 442 (part).)
2568	2568	Sec. 113.253. NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES
2569	2569	OF FINANCIAL INSTITUTIONS. This subchapter does not:
2570	2570	(1) affect the right of a financial institution to
2571	2571	make payment on multiple-party accounts according to the terms of
2572	2572	the account; or
2573	2573	(2) make the financial institution liable to the
2574	2574	estate of a deceased party unless, before payment, the institution
2575	2575	received written notice from the personal representative stating
2576	2576	the amounts needed to pay debts, taxes, claims, and expenses of
2577	2577	administration. (Tex. Prob. Code, Sec. 442 (part).)
2578	2578	[Chapters 114-120 reserved for expansion]
2579	2579	CHAPTER 121. SURVIVAL REQUIREMENTS
2580	2580	SUBCHAPTER A. GENERAL PROVISIONS
2581	2581	Sec. 121.001. APPLICABILITY OF CHAPTER
2582	2582	[Sections 121.002-121.050 reserved for expansion]
2583	2583	SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES
2584	2584	CERTAIN OTHER PURPOSES
2585	2585	Sec. 121.051. APPLICABILITY OF SUBCHAPTER
2586	2586	Sec. 121.052. REQUIRED PERIOD OF SURVIVAL FOR
2587	2587	PURPOSES
2588	2588	Sec. 121.053. INTESTATE SUCCESSION: FAILURE TO
2589	2589	CIRCUMSTANCES
2590	2590	[Sections 121.054-121.100 reserved for expansion]
2591	2591	SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES
2592	2592	Sec. 121.101. REQUIRED PERIOD OF SURVIVAL FOR DEVISEE
2593	2593	Sec. 121.102. REQUIRED PERIOD OF SURVIVAL FOR
2594	2594	CONTINGENT BENEFICIARY
2595	2595	[Sections 121.103-121.150 reserved for expansion]
2596	2596	SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE TO SURVIVE FOR REQUIRED PERIOD
2597	2597	TO SURVIVE FOR REQUIRED PERIOD
2598	2598	Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY
2599	2599	Sec. 121.152. DISTRIBUTION OF PROPERTY OWNED BY JOINT
2600	2600	OWNERS
2601	2601	Sec. 121.153. DISTRIBUTION OF CERTAIN INSURANCE
2602	2602	PROCEEDS
2603	2603	CHAPTER 121. SURVIVAL REQUIREMENTS
2604	2604	SUBCHAPTER A. GENERAL PROVISIONS
2605	2605	Sec. 121.001. APPLICABILITY OF CHAPTER. This chapter does
2606	2606	not apply if provision has been made by will, living trust, deed, or
2607	2607	insurance contract, or in any other manner, for a disposition of
2608	2608	property that is different from the disposition of the property
2609	2609	that would be made if the provisions of this chapter applied. (Tex.
2610	2610	Prob. Code, Sec. 47(f).)
2611	2611	[Sections 121.002-121.050 reserved for expansion]
2612	2612	SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND
2613	2613	CERTAIN OTHER PURPOSES
2614	2614	Sec. 121.051. APPLICABILITY OF SUBCHAPTER. This subchapter
2615	2615	does not apply if the application of this subchapter would result in
2616	2616	the escheat of an intestate estate. (Tex. Prob. Code, Sec. 47(a)
2617	2617	(part).)
2618	2618	Sec. 121.052. REQUIRED PERIOD OF SURVIVAL FOR INTESTATE
2619	2619	SUCCESSION AND CERTAIN OTHER PURPOSES. A person who does not
2620	2620	survive a decedent by 120 hours is considered to have predeceased
2621	2621	the decedent for purposes of the homestead allowance, exempt
2622	2622	property, and intestate succession, and the decedent's heirs are
2623	2623	determined accordingly, except as otherwise provided by this
2624	2624	chapter. (Tex. Prob. Code, Sec. 47(a) (part).)
2625	2625	Sec. 121.053. INTESTATE SUCCESSION: FAILURE TO SURVIVE
2626	2626	PRESUMED UNDER CERTAIN CIRCUMSTANCES. A person who, if the person
2627	2627	survived a decedent by 120 hours, would be the decedent's heir is
2628	2628	considered not to have survived the decedent for the required
2629	2629	period if:
2630	2630	(1) the time of death of the decedent or of the person,
2631	2631	or the times of death of both, cannot be determined; and
2632	2632	(2) the person's survival for the required period
2633	2633	after the decedent's death cannot be established. (Tex. Prob.
2634	2634	Code, Sec. 47(a) (part).)
2635	2635	[Sections 121.054-121.100 reserved for expansion]
2636	2636	SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES
2637	2637	Sec. 121.101. REQUIRED PERIOD OF SURVIVAL FOR DEVISEE. A
2638	2638	devisee who does not survive the testator by 120 hours is treated as
2639	2639	if the devisee predeceased the testator unless the testator's will
2640	2640	contains some language that:
2641	2641	(1) deals explicitly with simultaneous death or deaths
2642	2642	in a common disaster; or
2643	2643	(2) requires the devisee to survive the testator, or
2644	2644	to survive the testator for a stated period, to take under the will.
2645	2645	(Tex. Prob. Code, Sec. 47(c) (part).)
2646	2646	Sec. 121.102. REQUIRED PERIOD OF SURVIVAL FOR CONTINGENT
2647	2647	BENEFICIARY. (a) If property is disposed of in a manner that
2648	2648	conditions the right of a beneficiary to succeed to an interest in
2649	2649	the property on the beneficiary surviving another person, the
2650	2650	beneficiary is considered not to have survived the other person
2651	2651	unless the beneficiary survives the person by 120 hours, except as
2652	2652	provided by Subsection (b).
2653	2653	(b) If an interest in property is given alternatively to one
2654	2654	of two or more beneficiaries, with the right of each beneficiary to
2655	2655	take being dependent on that beneficiary surviving the other
2656	2656	beneficiary or beneficiaries, and all of the beneficiaries die
2657	2657	within a period of less than 120 hours, the property shall be
2658	2658	divided into as many equal portions as there are beneficiaries. The
2659	2659	portions shall be distributed respectively to those who would have
2660	2660	taken if each beneficiary had survived. (Tex. Prob. Code, Sec.
2661	2661	47(c) (part).)
2662	2662	[Sections 121.103-121.150 reserved for expansion]
2663	2663	SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE
2664	2664	TO SURVIVE FOR REQUIRED PERIOD
2665	2665	Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY. (a)
2666	2666	This section applies to community property, including the proceeds
2667	2667	of life or accident insurance that are community property and
2668	2668	become payable to the estate of either the husband or wife.
2669	2669	(b) If a husband and wife die leaving community property but
2670	2670	neither survives the other by 120 hours, one-half of all community
2671	2671	property shall be distributed as if the husband had survived, and
2672	2672	the other one-half shall be distributed as if the wife had survived.
2673	2673	(Tex. Prob. Code, Sec. 47(b).)
2674	2674	Sec. 121.152. DISTRIBUTION OF PROPERTY OWNED BY JOINT
2675	2675	OWNERS. If property, including community property with a right of
2676	2676	survivorship, is owned so that one of two joint owners is entitled
2677	2677	to the whole of the property on the death of the other, but neither
2678	2678	survives the other by 120 hours, one-half of the property shall be
2679	2679	distributed as if one joint owner had survived, and the other
2680	2680	one-half shall be distributed as if the other joint owner had
2681	2681	survived. If there are more than two joint owners and all of the
2682	2682	joint owners die within a period of less than 120 hours, the
2683	2683	property shall be divided into as many equal portions as there are
2684	2684	joint owners and the portions shall be distributed respectively to
2685	2685	those who would have taken if each joint owner survived. (Tex.
2686	2686	Prob. Code, Sec. 47(d).)
2687	2687	Sec. 121.153. DISTRIBUTION OF CERTAIN INSURANCE PROCEEDS.
2688	2688	(a) If the insured under a life or accident insurance policy and a
2689	2689	beneficiary of the proceeds of that policy die within a period of
2690	2690	less than 120 hours, the insured is considered to have survived the
2691	2691	beneficiary for the purpose of determining the rights under the
2692	2692	policy of the beneficiary or beneficiaries as such.
2693	2693	(b) This section does not prevent the applicability of
2694	2694	Section 121.151 to proceeds of life or accident insurance that are
2695	2695	community property. (Tex. Prob. Code, Sec. 47(e).)
2696	2696	CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
2697	2697	SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER
2698	2698	Sec. 122.001. DEFINITIONS
2699	2699	Sec. 122.002. WHO MAY DISCLAIM
2700	2700	Sec. 122.003. EFFECTIVE DATE; CREDITORS' CLAIMS
2701	2701	Sec. 122.004. DISCLAIMER IRREVOCABLE
2702	2702	Sec. 122.005. POWER TO PROVIDE METHOD OF DISCLAIMER
2703	2703	[Sections 122.006-122.050 reserved for expansion]
2704	2704	SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER
2705	2705	Sec. 122.051. FORM
2706	2706	Sec. 122.052. FILING IN PROBATE COURT
2707	2707	Sec. 122.053. FILING IN COUNTY OF DECEDENT'S RESIDENCE
2708	2708	Sec. 122.054. NONRESIDENT DECEDENT
2709	2709	Sec. 122.055. FILING DEADLINE
2710	2710	Sec. 122.056. NOTICE
2711	2711	[Sections 122.057-122.100 reserved for expansion]
2712	2712	SUBCHAPTER C. EFFECT OF DISCLAIMER
2713	2713	Sec. 122.101. EFFECT
2714	2714	Sec. 122.102. INEFFECTIVE DISCLAIMER
2715	2715	Sec. 122.103. SUBSEQUENT DISCLAIMER
2716	2716	Sec. 122.104. DISCLAIMER AFTER ACCEPTANCE
2717	2717	Sec. 122.105. INTEREST IN TRUST PROPERTY
2718	2718	Sec. 122.106. INTEREST IN SECURITIES
2719	2719	[Sections 122.107-122.150 reserved for expansion]
2720	2720	SUBCHAPTER D. PARTIAL DISCLAIMER
2721	2721	Sec. 122.151. PARTIAL DISCLAIMER
2722	2722	Sec. 122.152. EFFECT OF PARTIAL DISCLAIMER
2723	2723	Sec. 122.153. PARTIAL DISCLAIMER BY SPOUSE
2724	2724	[Sections 122.154-122.200 reserved for expansion]
2725	2725	SUBCHAPTER E. ASSIGNMENT OF INTEREST
2726	2726	Sec. 122.201. ASSIGNMENT
2727	2727	Sec. 122.202. FILING OF ASSIGNMENT
2728	2728	Sec. 122.203. NOTICE
2729	2729	Sec. 122.204. FAILURE TO COMPLY
2730	2730	Sec. 122.205. GIFT
2731	2731	Sec. 122.206. SPENDTHRIFT PROVISION
2732	2732	CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
2733	2733	SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER
2734	2734	Sec. 122.001. DEFINITIONS. In this chapter, other than
2735	2735	Subchapter E:
2736	2736	(1) "Beneficiary" includes a person who would have
2737	2737	been entitled, if the person had not made a disclaimer, to receive
2738	2738	property as a result of the death of another person:
2739	2739	(A) by inheritance;
2740	2740	(B) under a will;
2741	2741	(C) by an agreement between spouses for community
2742	2742	property with a right of survivorship;
2743	2743	(D) by a joint tenancy with a right of
2744	2744	survivorship;
2745	2745	(E) by a survivorship agreement, account, or
2746	2746	interest in which the interest of the decedent passes to a surviving
2747	2747	beneficiary;
2748	2748	(F) by an insurance, annuity, endowment,
2749	2749	employment, deferred compensation, or other contract or
2750	2750	arrangement; or
2751	2751	(G) under a pension, profit sharing, thrift,
2752	2752	stock bonus, life insurance, survivor income, incentive, or other
2753	2753	plan or program providing retirement, welfare, or fringe benefits
2754	2754	with respect to an employee or a self-employed individual.
2755	2755	(2) "Disclaimer" includes renunciation.
2756	2756	(3) "Property" includes all legal and equitable
2757	2757	interests, powers, and property, present or future, vested or
2758	2758	contingent, and beneficial or burdensome, in whole or in part.
2759	2759	(Tex. Prob. Code, Sec. 37A(e).)
2760	2760	Sec. 122.002. WHO MAY DISCLAIM. (a) A person who may be
2761	2761	entitled to receive property as a beneficiary who on or after
2762	2762	September 1, 1977, intends to irrevocably disclaim all or any part
2763	2763	of the property shall evidence the disclaimer as provided by this
2764	2764	chapter.
2765	2765	(b) Subject to Subsection (c), the legally authorized
2766	2766	representative of a person who may be entitled to receive property
2767	2767	as a beneficiary who on or after September 1, 1977, intends to
2768	2768	irrevocably disclaim all or any part of the property on the
2769	2769	beneficiary's behalf shall evidence the disclaimer as provided by
2770	2770	this chapter.
2771	2771	(c) A disclaimer made by a legally authorized
2772	2772	representative described by Subsection (d)(1), (2), or (3), other
2773	2773	than an independent executor, must be made with prior court
2774	2774	approval of the court that has or would have jurisdiction over the
2775	2775	legally authorized representative. A disclaimer made by an
2776	2776	independent executor on behalf of a decedent may be made without
2777	2777	prior court approval.
2778	2778	(d) In this section, "legally authorized representative"
2779	2779	means:
2780	2780	(1) a guardian if the person entitled to receive the
2781	2781	property as a beneficiary is an incapacitated person;
2782	2782	(2) a guardian ad litem if the person entitled to
2783	2783	receive the property as a beneficiary is an unborn or unascertained
2784	2784	person;
2785	2785	(3) a personal representative, including an
2786	2786	independent executor, if the person entitled to receive the
2787	2787	property as a beneficiary is a decedent; or
2788	2788	(4) an attorney in fact or agent appointed under a
2789	2789	durable power of attorney authorizing disclaimers if the person
2790	2790	entitled to receive the property as a beneficiary executed the
2791	2791	power of attorney as a principal. (Tex. Prob. Code, Sec. 37A(a).)
2792	2792	Sec. 122.003. EFFECTIVE DATE; CREDITORS' CLAIMS. (a) A
2793	2793	disclaimer evidenced as provided by this chapter is effective for
2794	2794	all purposes as of the date of the decedent's death.
2795	2795	(b) Property disclaimed in accordance with this chapter is
2796	2796	not subject to the claims of a creditor of the disclaimant. (Tex.
2797	2797	Prob. Code, Sec. 37A(b).)
2798	2798	Sec. 122.004. DISCLAIMER IRREVOCABLE. A disclaimer that is
2799	2799	filed and served as provided by this chapter is irrevocable. (Tex.
2800	2800	Prob. Code, Sec. 37A(k).)
2801	2801	Sec. 122.005. POWER TO PROVIDE METHOD OF DISCLAIMER. A
2802	2802	will, insurance policy, employee benefit agreement, or other
2803	2803	instrument may provide for the making of a disclaimer by a
2804	2804	beneficiary of an interest receivable under that instrument and for
2805	2805	the disposition of disclaimed property in a manner different than
2806	2806	provided by this chapter. (Tex. Prob. Code, Sec. 37A(j).)
2807	2807	[Sections 122.006-122.050 reserved for expansion]
2808	2808	SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER
2809	2809	Sec. 122.051. FORM. A disclaimer of property receivable by
2810	2810	a beneficiary must be evidenced by written memorandum acknowledged
2811	2811	before:
2812	2812	(1) a notary public; or
2813	2813	(2) another person authorized to take acknowledgments
2814	2814	of conveyances of real estate. (Tex. Prob. Code, Sec. 37A(g).)
2815	2815	Sec. 122.052. FILING IN PROBATE COURT. Except as provided
2816	2816	by Sections 122.053 and 122.054, the written memorandum of
2817	2817	disclaimer must be filed in the probate court in which:
2818	2818	(1) the decedent's will has been probated;
2819	2819	(2) proceedings have commenced for the administration
2820	2820	of the decedent's estate; or
2821	2821	(3) an application has been filed for probate of the
2822	2822	decedent's will or administration of the decedent's estate. (Tex.
2823	2823	Prob. Code, Sec. 37A(h) (part).)
2824	2824	Sec. 122.053. FILING IN COUNTY OF DECEDENT'S RESIDENCE.
2825	2825	The written memorandum of disclaimer must be filed with the county
2826	2826	clerk of the county of the decedent's residence on the date of the
2827	2827	decedent's death if:
2828	2828	(1) the administration of the decedent's estate is
2829	2829	closed;
2830	2830	(2) one year has expired since the date letters
2831	2831	testamentary were issued in an independent administration;
2832	2832	(3) a will of the decedent has not been probated or
2833	2833	filed for probate;
2834	2834	(4) administration of the decedent's estate has not
2835	2835	commenced; or
2836	2836	(5) an application for administration of the
2837	2837	decedent's estate has not been filed. (Tex. Prob. Code, Sec. 37A(h)
2838	2838	(part).)
2839	2839	Sec. 122.054. NONRESIDENT DECEDENT. If the decedent is not
2840	2840	a resident of this state on the date of the decedent's death and the
2841	2841	disclaimer is of real property that is located in this state, the
2842	2842	written memorandum of disclaimer must be:
2843	2843	(1) filed with the county clerk of the county in which
2844	2844	the real property is located; and
2845	2845	(2) recorded by the county clerk in the deed records of
2846	2846	that county. (Tex. Prob. Code, Sec. 37A(h) (part).)
2847	2847	Sec. 122.055. FILING DEADLINE. (a) Except as provided by
2848	2848	Subsection (c), a written memorandum of disclaimer of a present
2849	2849	interest must be filed not later than nine months after the date of
2850	2850	the decedent's death.
2851	2851	(b) Except as provided by Subsection (c), a written
2852	2852	memorandum of disclaimer of a future interest may be filed not later
2853	2853	than nine months after the date of the event determining that the
2854	2854	taker of the property or interest is finally ascertained and the
2855	2855	taker's interest is indefeasibly vested.
2856	2856	(c) If the beneficiary is a charitable organization or a
2857	2857	governmental agency of the state, a written memorandum of
2858	2858	disclaimer of a present or future interest must be filed not later
2859	2859	than the later of:
2860	2860	(1) the first anniversary of the date the beneficiary
2861	2861	receives the notice required by Subchapter A, Chapter 308; or
2862	2862	(2) the expiration of the six-month period following
2863	2863	the date the personal representative files the inventory,
2864	2864	appraisement, and list of claims due or owing to the estate. (Tex.
2865	2865	Prob. Code, Sec. 37A(h) (part).)
2866	2866	Sec. 122.056. NOTICE. (a) Except as provided by Subsection
2867	2867	(b), a copy of the written memorandum of disclaimer shall be
2868	2868	delivered in person to, or mailed by registered or certified mail to
2869	2869	and received by, the legal representative of the transferor of the
2870	2870	interest or the holder of legal title to the property to which the
2871	2871	disclaimer relates not later than nine months after:
2872	2872	(1) the date of the decedent's death; or
2873	2873	(2) if the interest is a future interest, the date the
2874	2874	person who will receive the property or interest is finally
2875	2875	ascertained and the person's interest is indefeasibly vested.
2876	2876	(b) If the beneficiary is a charitable organization or a
2877	2877	governmental agency of this state, notice of a disclaimer required
2878	2878	by Subsection (a) must be filed not later than the later of:
2879	2879	(1) the first anniversary of the date the beneficiary
2880	2880	receives the notice required by Subchapter A, Chapter 308; or
2881	2881	(2) the expiration of the six-month period following
2882	2882	the date the personal representative files the inventory,
2883	2883	appraisement, and list of claims due or owing to the estate. (Tex.
2884	2884	Prob. Code, Sec. 37A(i).)
2885	2885	[Sections 122.057-122.100 reserved for expansion]
2886	2886	SUBCHAPTER C. EFFECT OF DISCLAIMER
2887	2887	Sec. 122.101. EFFECT. Unless the decedent's will provides
2888	2888	otherwise:
2889	2889	(1) property subject to a disclaimer passes as if the
2890	2890	person disclaiming or on whose behalf a disclaimer is made had
2891	2891	predeceased the decedent; and
2892	2892	(2) a future interest that would otherwise take effect
2893	2893	in possession or enjoyment after the termination of the estate or
2894	2894	interest that is disclaimed takes effect as if the disclaiming
2895	2895	beneficiary had predeceased the decedent. (Tex. Prob. Code, Sec.
2896	2896	37A(c).)
2897	2897	Sec. 122.102. INEFFECTIVE DISCLAIMER. (a) Except as
2898	2898	provided by Subsection (b), a disclaimer that does not comply with
2899	2899	this chapter is ineffective.
2900	2900	(b) A disclaimer otherwise ineffective under Subsection (a)
2901	2901	is effective as an assignment of the disclaimed property to those
2902	2902	who would have received the property had the person attempting the
2903	2903	disclaimer died before the decedent. (Tex. Prob. Code, Sec.
2904	2904	37A(d).)
2905	2905	Sec. 122.103. SUBSEQUENT DISCLAIMER. This chapter does not
2906	2906	prevent a person who is entitled to property as the result of a
2907	2907	disclaimer from subsequently disclaiming the property. (Tex. Prob.
2908	2908	Code, Sec. 37A(f).)
2909	2909	Sec. 122.104. DISCLAIMER AFTER ACCEPTANCE. A disclaimer is
2910	2910	not effective if the person making the disclaimer has previously
2911	2911	accepted the property by taking possession or exercising dominion
2912	2912	and control of the property as a beneficiary. (Tex. Prob. Code,
2913	2913	Sec. 37A(n).)
2914	2914	Sec. 122.105. INTEREST IN TRUST PROPERTY. A beneficiary
2915	2915	who accepts an interest in a trust is not considered to have a
2916	2916	direct or indirect interest in trust property that relates to a
2917	2917	licensed or permitted business and over which the beneficiary
2918	2918	exercises no control. (Tex. Prob. Code, Sec. 37A(o) (part).)
2919	2919	Sec. 122.106. INTEREST IN SECURITIES. Direct or indirect
2920	2920	beneficial ownership of not more than five percent of any class of
2921	2921	equity securities that is registered under the Securities Exchange
2922	2922	Act of 1934 (15 U.S.C. Section 78a et seq.) is not considered an
2923	2923	ownership interest in the business of the issuer of the securities
2924	2924	within the meaning of any statute, pursuant thereto. (Tex. Prob.
2925	2925	Code, Sec. 37A(o) (part).)
2926	2926	[Sections 122.107-122.150 reserved for expansion]
2927	2927	SUBCHAPTER D. PARTIAL DISCLAIMER
2928	2928	Sec. 122.151. PARTIAL DISCLAIMER. A person who may be
2929	2929	entitled to receive property as a beneficiary may wholly or partly
2930	2930	disclaim the property, including:
2931	2931	(1) specific powers of invasion;
2932	2932	(2) powers of appointment; and
2933	2933	(3) fee estate in favor of life estates. (Tex. Prob.
2934	2934	Code, Sec. 37A(l) (part).)
2935	2935	Sec. 122.152. EFFECT OF PARTIAL DISCLAIMER. A partial
2936	2936	disclaimer in accordance with this chapter is effective whether the
2937	2937	property disclaimed constitutes a portion of a single, aggregate
2938	2938	gift or constitutes part or all of a separate, independent gift,
2939	2939	except that:
2940	2940	(1) a partial disclaimer is effective only with
2941	2941	respect to property expressly described or referred to by category
2942	2942	in the disclaimer; and
2943	2943	(2) a partial disclaimer of property subject to a
2944	2944	burdensome interest created by the decedent's will is not effective
2945	2945	unless the property constitutes a gift separate and distinct from
2946	2946	undisclaimed gifts. (Tex. Prob. Code, Sec. 37A(l) (part).)
2947	2947	Sec. 122.153. PARTIAL DISCLAIMER BY SPOUSE. A disclaimer
2948	2948	by the decedent's surviving spouse of a transfer by the decedent is
2949	2949	not a disclaimer by the surviving spouse of all or any part of any
2950	2950	other transfer from the decedent to or for the benefit of the
2951	2951	surviving spouse, regardless of whether the property or interest
2952	2952	that would have passed under the disclaimed transfer passes because
2953	2953	of the disclaimer to or for the benefit of the surviving spouse by
2954	2954	the other transfer. (Tex. Prob. Code, Sec. 37A(m).)
2955	2955	[Sections 122.154-122.200 reserved for expansion]
2956	2956	SUBCHAPTER E. ASSIGNMENT OF INTEREST
2957	2957	Sec. 122.201. ASSIGNMENT. A person who is entitled to
2958	2958	receive property or an interest in property from a decedent under a
2959	2959	will, by inheritance, or as a beneficiary under a life insurance
2960	2960	contract, and does not disclaim the property under this chapter may
2961	2961	assign the property or interest in property to any person. (Tex.
2962	2962	Prob. Code, Sec. 37B(a).)
2963	2963	Sec. 122.202. FILING OF ASSIGNMENT. An assignment may, at
2964	2964	the request of the assignor, be filed as provided for the filing of
2965	2965	a disclaimer under Subchapter B. (Tex. Prob. Code, Sec. 37B(b)
2966	2966	(part).)
2967	2967	Sec. 122.203. NOTICE. Notice of the filing of an assignment
2968	2968	as provided by Section 122.202 must be served as required by Section
2969	2969	122.056 for notice of a disclaimer. (Tex. Prob. Code, Sec. 37B(b)
2970	2970	(part).)
2971	2971	Sec. 122.204. FAILURE TO COMPLY. Failure to comply with
2972	2972	Subchapters A, B, C, and D does not affect an assignment. (Tex.
2973	2973	Prob. Code, Sec. 37B(c).)
2974	2974	Sec. 122.205. GIFT. An assignment under this subchapter is
2975	2975	a gift to the assignee and is not a disclaimer under Subchapters A,
2976	2976	B, C, and D. (Tex. Prob. Code, Sec. 37B(d).)
2977	2977	Sec. 122.206. SPENDTHRIFT PROVISION. An assignment of
2978	2978	property or interest that would defeat a spendthrift provision
2979	2979	imposed in a trust may not be made under this subchapter. (Tex.
2980	2980	Prob. Code, Sec. 37B(e).)
2981	2981	CHAPTER 123. DISSOLUTION OF MARRIAGE
2982	2982	SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL
2983	2983	Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION
2984	2984	OF MARRIAGE
2985	2985	Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE
2986	2986	[Sections 123.003-123.050 reserved for expansion]
2987	2987	SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN NONTESTAMENTARY TRANSFERS
2988	2988	NONTESTAMENTARY TRANSFERS
2989	2989	Sec. 123.051. DEFINITIONS
2990	2990	Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY
2991	2991	OR PLANS
2992	2992	Sec. 123.053. EFFECT OF REVOCATION
2993	2993	Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR
2994	2994	BENEFITS, OR PROPERTY
2995	2995	Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN
2996	2996	PAYMENTS, BENEFITS, OR PROPERTY
2997	2997	[Sections 123.056-123.100 reserved for expansion]
2998	2998	SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
2999	2999	Sec. 123.101. PROCEEDING TO VOID MARRIAGE BASED ON
3000	3000	DEATH
3001	3001	Sec. 123.102. APPLICATION TO VOID MARRIAGE AFTER DEATH
3002	3002	Sec. 123.103. ACTION ON APPLICATION TO VOID MARRIAGE
3003	3003	AFTER DEATH
3004	3004	Sec. 123.104. EFFECT OF VOIDED MARRIAGE
3005	3005	CHAPTER 123. DISSOLUTION OF MARRIAGE
3006	3006	SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL
3007	3007	Sec. 123.001. WILL PROVISIONS MADE BEFORE DISSOLUTION OF
3008	3008	MARRIAGE. (a) In this section, "relative" means an individual
3009	3009	related to another individual by:
3010	3010	(1) consanguinity, as determined under Section
3011	3011	573.022, Government Code; or
3012	3012	(2) affinity, as determined under Section 573.024,
3013	3013	Government Code.
3014	3014	(b) If, after the testator makes a will, the testator's
3015	3015	marriage is dissolved by divorce, annulment, or a declaration that
3016	3016	the marriage is void, all provisions in the will, including all
3017	3017	fiduciary appointments, shall be read as if the former spouse and
3018	3018	each relative of the former spouse who is not a relative of the
3019	3019	testator failed to survive the testator, unless the will expressly
3020	3020	provides otherwise. (Tex. Prob. Code, Secs. 69(a), (b).)
3021	3021	Sec. 123.002. TREATMENT OF DECEDENT'S FORMER SPOUSE. A
3022	3022	person is not a surviving spouse of a decedent if the person's
3023	3023	marriage to the decedent has been dissolved by divorce, annulment,
3024	3024	or a declaration that the marriage is void, unless:
3025	3025	(1) as the result of a subsequent marriage, the person
3026	3026	is married to the decedent at the time of death; and
3027	3027	(2) the subsequent marriage is not declared void under
3028	3028	Subchapter C. (Tex. Prob. Code, Sec. 69(c).)
3029	3029	[Sections 123.003-123.050 reserved for expansion]
3030	3030	SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN
3031	3031	NONTESTAMENTARY TRANSFERS
3032	3032	Sec. 123.051. DEFINITIONS. In this subchapter:
3033	3033	(1) "Disposition or appointment of property" includes
3034	3034	a transfer of property to or a provision of another benefit to a
3035	3035	beneficiary under a trust instrument.
3036	3036	(2) "Divorced individual" means an individual whose
3037	3037	marriage has been dissolved by divorce or annulment.
3038	3038	(3) "Revocable," with respect to a disposition,
3039	3039	appointment, provision, or nomination, means a disposition to,
3040	3040	appointment of, provision in favor of, or nomination of an
3041	3041	individual's spouse that is contained in a trust instrument
3042	3042	executed by the individual before the dissolution of the
3043	3043	individual's marriage to the spouse and that the individual was
3044	3044	solely empowered by law or by the trust instrument to revoke
3045	3045	regardless of whether the individual had the capacity to exercise
3046	3046	the power at that time. (Tex. Prob. Code, Sec. 471.)
3047	3047	Sec. 123.052. REVOCATION OF CERTAIN NONTESTAMENTARY
3048	3048	TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN
3049	3049	POLICIES OR PLANS. (a) The dissolution of the marriage revokes a
3050	3050	provision in a trust instrument that was executed by a divorced
3051	3051	individual before the individual's marriage was dissolved and that:
3052	3052	(1) is a revocable disposition or appointment of
3053	3053	property made to the individual's former spouse;
3054	3054	(2) confers a general or special power of appointment
3055	3055	on the individual's former spouse; or
3056	3056	(3) nominates the individual's former spouse to serve:
3057	3057	(A) as a personal representative, trustee,
3058	3058	conservator, agent, or guardian; or
3059	3059	(B) in another fiduciary or representative
3060	3060	capacity.
3061	3061	(b) Subsection (a) does not apply if one of the following
3062	3062	provides otherwise:
3063	3063	(1) a court order;
3064	3064	(2) the express terms of a trust instrument executed
3065	3065	by the divorced individual before the individual's marriage was
3066	3066	dissolved; or
3067	3067	(3) an express provision of a contract relating to the
3068	3068	division of the marital estate entered into between the divorced
3069	3069	individual and the individual's former spouse before, during, or
3070	3070	after the marriage.
3071	3071	(c) Sections 9.301 and 9.302, Family Code, govern the
3072	3072	designation of a former spouse as a beneficiary of certain life
3073	3073	insurance policies or as a beneficiary under certain retirement
3074	3074	benefit plans or other financial plans. (Tex. Prob. Code, Sec.
3075	3075	472(a); New.)
3076	3076	Sec. 123.053. EFFECT OF REVOCATION. (a) An interest granted
3077	3077	in a provision of a trust instrument that is revoked under Section
3078	3078	123.052(a)(1) or (2) passes as if the former spouse of the divorced
3079	3079	individual who executed the trust instrument disclaimed the
3080	3080	interest granted in the provision.
3081	3081	(b) An interest granted in a provision of a trust instrument
3082	3082	that is revoked under Section 123.052(a)(3) passes as if the former
3083	3083	spouse died immediately before the dissolution of the marriage.
3084	3084	(Tex. Prob. Code, Sec. 472(b).)
3085	3085	Sec. 123.054. LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS
3086	3086	OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY. A bona fide purchaser
3087	3087	of property from a divorced individual's former spouse or a person
3088	3088	who receives from the former spouse a payment, benefit, or property
3089	3089	in partial or full satisfaction of an enforceable obligation:
3090	3090	(1) is not required by this subchapter to return the
3091	3091	payment, benefit, or property; and
3092	3092	(2) is not liable under this subchapter for the amount
3093	3093	of the payment or the value of the property or benefit. (Tex. Prob.
3094	3094	Code, Sec. 473(a).)
3095	3095	Sec. 123.055. LIABILITY OF FORMER SPOUSE FOR CERTAIN
3096	3096	PAYMENTS, BENEFITS, OR PROPERTY. A divorced individual's former
3097	3097	spouse who, not for value, receives a payment, benefit, or property
3098	3098	to which the former spouse is not entitled as a result of Sections
3099	3099	123.052(a) and (b):
3100	3100	(1) shall return the payment, benefit, or property to
3101	3101	the person who is entitled to the payment, benefit, or property
3102	3102	under this subchapter; or
3103	3103	(2) is personally liable to the person described by
3104	3104	Subdivision (1) for the amount of the payment or the value of the
3105	3105	benefit or property received, as applicable. (Tex. Prob. Code,
3106	3106	Sec. 473(b).)
3107	3107	[Sections 123.056-123.100 reserved for expansion]
3108	3108	SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
3109	3109	Sec. 123.101. PROCEEDING TO VOID MARRIAGE BASED ON MENTAL
3110	3110	CAPACITY PENDING AT TIME OF DEATH. (a) If a proceeding under Chapter
3111	3111	6, Family Code, to declare a marriage void based on the lack of
3112	3112	mental capacity of one of the parties to the marriage is pending on
3113	3113	the date of death of one of those parties, or if a guardianship
3114	3114	proceeding in which a court is requested under Chapter 6, Family
3115	3115	Code, to declare a ward's or proposed ward's marriage void based on
3116	3116	the lack of mental capacity of the ward or proposed ward is pending
3117	3117	on the date of the ward's or proposed ward's death, the court may
3118	3118	make the determination and declare the marriage void after the
3119	3119	decedent's death.
3120	3120	(b) In making a determination described by Subsection (a),
3121	3121	the court shall apply the standards for an annulment prescribed by
3122	3122	Section 6.108(a), Family Code. (Tex. Prob. Code, Sec. 47A(a).)
3123	3123	Sec. 123.102. APPLICATION TO VOID MARRIAGE AFTER DEATH. (a)
3124	3124	Subject to Subsection (c), if a proceeding described by Section
3125	3125	123.101(a) is not pending on the date of a decedent's death, an
3126	3126	interested person may file an application with the court requesting
3127	3127	that the court void the marriage of the decedent if:
3128	3128	(1) on the date of the decedent's death, the decedent
3129	3129	was married; and
3130	3130	(2) that marriage commenced not earlier than three
3131	3131	years before the date of the decedent's death.
3132	3132	(b) The notice applicable to a proceeding for a declaratory
3133	3133	judgment under Chapter 37, Civil Practice and Remedies Code,
3134	3134	applies to a proceeding under Subsection (a).
3135	3135	(c) An application authorized by Subsection (a) may not be
3136	3136	filed after the first anniversary of the date of the decedent's
3137	3137	death. (Tex. Prob. Code, Secs. 47A(b), (c).)
3138	3138	Sec. 123.103. ACTION ON APPLICATION TO VOID MARRIAGE AFTER
3139	3139	DEATH. (a) Except as provided by Subsection (b), in a proceeding
3140	3140	brought under Section 123.102, the court shall declare the
3141	3141	decedent's marriage void if the court finds that, on the date the
3142	3142	marriage occurred, the decedent did not have the mental capacity
3143	3143	to:
3144	3144	(1) consent to the marriage; and
3145	3145	(2) understand the nature of the marriage ceremony, if
3146	3146	a ceremony occurred.
3147	3147	(b) A court that makes a finding described by Subsection (a)
3148	3148	may not declare the decedent's marriage void if the court finds
3149	3149	that, after the date the marriage occurred, the decedent:
3150	3150	(1) gained the mental capacity to recognize the
3151	3151	marriage relationship; and
3152	3152	(2) did recognize the marriage relationship. (Tex.
3153	3153	Prob. Code, Secs. 47A(d), (e).)
3154	3154	Sec. 123.104. EFFECT OF VOIDED MARRIAGE. If the court
3155	3155	declares a decedent's marriage void in a proceeding described by
3156	3156	Section 123.101(a) or brought under Section 123.102, the other
3157	3157	party to the marriage is not considered the decedent's surviving
3158	3158	spouse for purposes of any law of this state. (Tex. Prob. Code, Sec.
3159	3159	47A(f).)
3160	3160	CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
3161	3161	SUBCHAPTER A. APPORTIONMENT OF TAXES
3162	3162	Sec. 124.001. DEFINITIONS
3163	3163	Sec. 124.002. REFERENCES TO INTERNAL REVENUE CODE
3164	3164	Sec. 124.003. APPORTIONMENT DIRECTED BY FEDERAL LAW
3165	3165	Sec. 124.004. EFFECT OF DISCLAIMERS
3166	3166	Sec. 124.005. GENERAL APPORTIONMENT OF ESTATE TAX;
3167	3167	EXCEPTIONS
3168	3168	Sec. 124.006. EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR
3169	3169	CREDITS
3170	3170	Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM
3171	3171	APPORTIONMENT
3172	3172	Sec. 124.008. EXCLUSION OF CERTAIN TEMPORARY
3173	3173	INTERESTS FROM APPORTIONMENT
3174	3174	Sec. 124.009. QUALIFIED REAL PROPERTY
3175	3175	Sec. 124.010. EFFECT OF EXTENSION OR DEFICIENCY IN
3176	3176	REPRESENTATIVE
3177	3177	Sec. 124.011. APPORTIONMENT OF INTEREST AND PENALTIES
3178	3178	Sec. 124.012. APPORTIONMENT OF REPRESENTATIVE'S
3179	3179	EXPENSES
3180	3180	Sec. 124.013. WITHHOLDING OF ESTATE TAX SHARE BY
3181	3181	REPRESENTATIVE
3182	3182	Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT
3183	3183	WITHHELD
3184	3184	Sec. 124.015. RECOVERY OF UNPAID ESTATE TAX;
3185	3185	REIMBURSEMENT
3186	3186	Sec. 124.016. TIME TO INITIATE ACTIONS TO RECOVER
3187	3187	UNPAID ESTATE TAX
3188	3188	Sec. 124.017. TAX OR DEATH DUTY PAYABLE TO ANOTHER
3189	3189	STATE
3190	3190	Sec. 124.018. PAYMENT OF EXPENSES AND ATTORNEY'S FEES
3191	3191	[Sections 124.019-124.050 reserved for expansion]
3192	3192	SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS
3193	3193	Sec. 124.051. VALUATION OF PROPERTY DISTRIBUTED IN
3194	3194	KIND IN SATISFACTION OF PECUNIARY GIFT
3195	3195	Sec. 124.052. SATISFACTION OF MARITAL DEDUCTION
3196	3196	PECUNIARY GIFTS WITH ASSETS IN KIND
3197	3197	CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
3198	3198	SUBCHAPTER A. APPORTIONMENT OF TAXES
3199	3199	Sec. 124.001. DEFINITIONS. In this subchapter:
3200	3200	(1) "Court" means:
3201	3201	(A) a court in which proceedings for
3202	3202	administration of an estate are pending or have been completed; or
3203	3203	(B) if no proceedings are pending or have been
3204	3204	completed, a court in which venue lies for the administration of an
3205	3205	estate.
3206	3206	(2) "Estate" means the gross estate of a decedent as
3207	3207	determined for the purpose of estate taxes.
3208	3208	(3) "Estate tax" means any estate, inheritance, or
3209	3209	death tax levied or assessed on the property of a decedent's estate
3210	3210	because of the death of a person and imposed by federal, state,
3211	3211	local, or foreign law, including the federal estate tax and the
3212	3212	inheritance tax imposed by Chapter 211, Tax Code, and including
3213	3213	interest and penalties imposed in addition to those taxes. The term
3214	3214	does not include a tax imposed under Section 2701(d)(1)(A),
3215	3215	Internal Revenue Code of 1986 (26 U.S.C. Section 2701(d)).
3216	3216	(4) "Person" includes a trust, natural person,
3217	3217	partnership, association, joint stock company, corporation,
3218	3218	government, political subdivision, or governmental agency.
3219	3219	(5) "Person interested in the estate" means a person,
3220	3220	or a fiduciary on behalf of that person, who is entitled to receive
3221	3221	or who has received, from a decedent or because of the death of the
3222	3222	decedent, property included in the decedent's estate for purposes
3223	3223	of the estate tax. The term does not include a creditor of the
3224	3224	decedent or of the decedent's estate.
3225	3225	(6) "Representative" means the representative,
3226	3226	executor, or administrator of an estate, or any other person who is
3227	3227	required to pay estate taxes assessed against the estate. (Tex.
3228	3228	Prob. Code, Secs. 322A(a), (s).)
3229	3229	Sec. 124.002. REFERENCES TO INTERNAL REVENUE CODE. A
3230	3230	reference in this subchapter to a section of the Internal Revenue
3231	3231	Code of 1986 refers to that section as it exists at the time in
3232	3232	question. The reference also includes a corresponding section of a
3233	3233	subsequent Internal Revenue Code and, if the referenced section is
3234	3234	renumbered, the section as renumbered. (Tex. Prob. Code, Sec.
3235	3235	322A(x).)
3236	3236	Sec. 124.003. APPORTIONMENT DIRECTED BY FEDERAL LAW. If
3237	3237	federal law directs the apportionment of the federal estate tax, a
3238	3238	similar state tax shall be apportioned in the same manner. (Tex.
3239	3239	Prob. Code, Sec. 322A(l).)
3240	3240	Sec. 124.004. EFFECT OF DISCLAIMERS. This subchapter shall
3241	3241	be applied after giving effect to any disclaimers made in
3242	3242	accordance with Subchapters A, B, C, and D, Chapter 122. (Tex.
3243	3243	Prob. Code, Sec. 322A(p).)
3244	3244	Sec. 124.005. GENERAL APPORTIONMENT OF ESTATE TAX;
3245	3245	EXCEPTIONS. (a) A representative shall charge each person
3246	3246	interested in the estate a portion of the total estate tax assessed
3247	3247	against the estate. The portion charged to each person must
3248	3248	represent the same ratio as the taxable value of that person's
3249	3249	interest in the estate included in determining the amount of the tax
3250	3250	bears to the total taxable value of all the interests of all persons
3251	3251	interested in the estate included in determining the amount of the
3252	3252	tax. In apportioning an estate tax under this subsection, the
3253	3253	representative shall disregard a portion of the tax that is:
3254	3254	(1) apportioned under the law imposing the tax;
3255	3255	(2) otherwise apportioned by federal law; or
3256	3256	(3) apportioned as otherwise provided by this
3257	3257	subchapter.
3258	3258	(b) Subsection (a) does not apply to the extent the
3259	3259	decedent, in a written inter vivos or testamentary instrument
3260	3260	disposing of or creating an interest in property, specifically
3261	3261	directs the manner of apportionment of estate tax or grants a
3262	3262	discretionary power of apportionment to another person. A
3263	3263	direction for the apportionment or nonapportionment of estate tax
3264	3264	is limited to the estate tax on the property passing under the
3265	3265	instrument unless the instrument is a will that provides otherwise.
3266	3266	(c) If directions under Subsection (b) for the
3267	3267	apportionment of an estate tax are provided in two or more
3268	3268	instruments executed by the same person and the directions in those
3269	3269	instruments conflict, the instrument disposing of or creating an
3270	3270	interest in the property to be taxed controls. If directions for
3271	3271	the apportionment of estate tax are provided in two or more
3272	3272	instruments executed by different persons and the directions in
3273	3273	those instruments conflict, the direction of the person in whose
3274	3274	estate the property is included controls.
3275	3275	(d) Subsections (b) and (c) do not:
3276	3276	(1) grant or enlarge the power of a person to apportion
3277	3277	estate tax to property passing under an instrument created by
3278	3278	another person in excess of the estate tax attributable to the
3279	3279	property; or
3280	3280	(2) apply to the extent federal law directs a
3281	3281	different manner of apportionment. (Tex. Prob. Code, Sec. 322A(b).)
3282	3282	Sec. 124.006. EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR
3283	3283	CREDITS. (a) A deduction, exemption, or credit allowed by law in
3284	3284	connection with the estate tax inures to a person interested in the
3285	3285	estate as provided by this section.
3286	3286	(b) If the deduction, exemption, or credit is allowed
3287	3287	because of the relationship of the person interested in the estate
3288	3288	to the decedent, or because of the purpose of the gift, the
3289	3289	deduction, exemption, or credit inures to the person having the
3290	3290	relationship or receiving the gift, unless that person's interest
3291	3291	in the estate is subject to a prior present interest that is not
3292	3292	allowable as a deduction. The estate tax apportionable to the
3293	3293	person having the present interest shall be paid from the corpus of
3294	3294	the gift or the interest of the person having the relationship.
3295	3295	(c) A deduction for property of the estate that was
3296	3296	previously taxed and a credit for gift taxes or death taxes of a
3297	3297	foreign country that were paid by the decedent or the decedent's
3298	3298	estate inure proportionally to all persons interested in the estate
3299	3299	who are liable for a share of the estate tax.
3300	3300	(d) A credit for inheritance, succession, or estate taxes,
3301	3301	or for similar taxes applicable to property or interests includable
3302	3302	in the estate, inures to the persons interested in the estate who
3303	3303	are chargeable with payment of a portion of those taxes to the
3304	3304	extent that the credit proportionately reduces those taxes. (Tex.
3305	3305	Prob. Code, Secs. 322A(c), (d), (e), (f).)
3306	3306	Sec. 124.007. EXCLUSION OF CERTAIN PROPERTY FROM
3307	3307	APPORTIONMENT. (a) To the extent that property passing to or in
3308	3308	trust for a surviving spouse or a charitable, public, or similar
3309	3309	gift or devise is not an allowable deduction for purposes of the
3310	3310	estate tax solely because of an inheritance tax or other death tax
3311	3311	imposed on and deductible from the property:
3312	3312	(1) the property is not included in the computation
3313	3313	provided for by Section 124.005; and
3314	3314	(2) no apportionment is made against the property.
3315	3315	(b) The exclusion provided by this section does not apply if
3316	3316	the result would be to deprive the estate of a deduction otherwise
3317	3317	allowable under Section 2053(d), Internal Revenue Code of 1986, for
3318	3318	a state death tax on a transfer for a public, charitable, or
3319	3319	religious use. (Tex. Prob. Code, Sec. 322A(g).)
3320	3320	Sec. 124.008. EXCLUSION OF CERTAIN TEMPORARY INTERESTS
3321	3321	FROM APPORTIONMENT. (a) Except as provided by Section 124.009(c),
3322	3322	the following temporary interests are not subject to apportionment:
3323	3323	(1) an interest in income;
3324	3324	(2) an estate for years or for life; or
3325	3325	(3) another temporary interest in any property or
3326	3326	fund.
3327	3327	(b) The estate tax apportionable to a temporary interest
3328	3328	described by Subsection (a) and the remainder, if any, is
3329	3329	chargeable against the corpus of the property or the funds that are
3330	3330	subject to the temporary interest and remainder. (Tex. Prob. Code,
3331	3331	Sec. 322A(h).)
3332	3332	Sec. 124.009. QUALIFIED REAL PROPERTY. (a) In this
3333	3333	section, "qualified real property" has the meaning assigned by
3334	3334	Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section
3335	3335	2032A).
3336	3336	(b) If an election is made under Section 2032A, Internal
3337	3337	Revenue Code of 1986 (26 U.S.C. Section 2032A), the representative
3338	3338	shall apportion estate taxes according to the amount of federal
3339	3339	estate tax that would be payable if the election were not made. The
3340	3340	representative shall apply the amount of the reduction of the
3341	3341	estate tax resulting from the election to reduce the amount of the
3342	3342	estate tax allocated based on the value of the qualified real
3343	3343	property that is the subject of the election. If the amount of that
3344	3344	reduction is greater than the amount of the taxes allocated based on
3345	3345	the value of the qualified real property, the representative shall:
3346	3346	(1) apply the excess amount to the portion of the taxes
3347	3347	allocated for all other property; and
3348	3348	(2) apportion the amount described by Subdivision (1)
3349	3349	under Section 124.005(a).
3350	3350	(c) If additional federal estate tax is imposed under
3351	3351	Section 2032A(c), Internal Revenue Code of 1986 (26 U.S.C. Section
3352	3352	2032A), because of an early disposition or cessation of a qualified
3353	3353	use, the additional tax shall be equitably apportioned among the
3354	3354	persons who have an interest in the portion of the qualified real
3355	3355	property to which the additional tax is attributable in proportion
3356	3356	to their interests. The additional tax is a charge against that
3357	3357	qualified real property. If the qualified real property is split
3358	3358	between one or more life or term interests and remainder interests,
3359	3359	the additional tax shall be apportioned to each person whose action
3360	3360	or cessation of use caused the imposition of additional tax, unless
3361	3361	all persons with an interest in the qualified real property agree in
3362	3362	writing to dispose of the property, in which case the additional tax
3363	3363	shall be apportioned among the remainder interests. (Tex. Prob.
3364	3364	Code, Sec. 322A(i).)
3365	3365	Sec. 124.010. EFFECT OF EXTENSION OR DEFICIENCY IN PAYMENT
3366	3366	OF ESTATE TAXES; LIABILITY OF REPRESENTATIVE. (a) If the date for
3367	3367	the payment of any portion of an estate tax is extended:
3368	3368	(1) the amount of the extended tax shall be
3369	3369	apportioned to the persons who receive the specific property that
3370	3370	gives rise to the extension; and
3371	3371	(2) those persons are entitled to the benefits and
3372	3372	shall bear the burdens of the extension.
3373	3373	(b) Except as provided by Subsection (c), interest on an
3374	3374	extension of estate tax and interest and penalties on a deficiency
3375	3375	shall be apportioned equitably to reflect the benefits and burdens
3376	3376	of the extension or deficiency and of any tax deduction associated
3377	3377	with the interest and penalties.
3378	3378	(c) A representative shall be charged with the amount of any
3379	3379	penalty or interest that is assessed due to delay caused by the
3380	3380	representative's negligence. (Tex. Prob. Code, Secs. 322A(k),
3381	3381	(m).)
3382	3382	Sec. 124.011. APPORTIONMENT OF INTEREST AND PENALTIES. (a)
3383	3383	Interest and penalties assessed against an estate by a taxing
3384	3384	authority shall be apportioned among and charged to the persons
3385	3385	interested in the estate in the manner provided by Section 124.005
3386	3386	unless, on application by any person interested in the estate, the
3387	3387	court determines that:
3388	3388	(1) the proposed apportionment is not equitable; or
3389	3389	(2) the assessment of interest or penalties was caused
3390	3390	by a breach of fiduciary duty of a representative.
3391	3391	(b) If the apportionment is not equitable, the court may
3392	3392	apportion interest and penalties in an equitable manner.
3393	3393	(c) If the assessment of interest or penalties was caused by
3394	3394	a breach of fiduciary duty of a representative, the court may charge
3395	3395	the representative with the amount of the interest and penalties
3396	3396	assessed attributable to the representative's conduct. (Tex. Prob.
3397	3397	Code, Sec. 322A(q).)
3398	3398	Sec. 124.012. APPORTIONMENT OF REPRESENTATIVE'S EXPENSES.
3399	3399	(a) Expenses reasonably incurred by a representative in
3400	3400	determination of the amount, apportionment, or collection of the
3401	3401	estate tax shall be apportioned among and charged to persons
3402	3402	interested in the estate in the manner provided by Section 124.005
3403	3403	unless, on application by any person interested in the estate, the
3404	3404	court determines that the proposed apportionment is not equitable.
3405	3405	(b) If the court determines that the proposed apportionment
3406	3406	is not equitable, the court may apportion the expenses in an
3407	3407	equitable manner. (Tex. Prob. Code, Sec. 322A(r).)
3408	3408	Sec. 124.013. WITHHOLDING OF ESTATE TAX SHARE BY
3409	3409	REPRESENTATIVE. A representative who has possession of any estate
3410	3410	property that is distributable to a person interested in the estate
3411	3411	may withhold from that property an amount equal to the person's
3412	3412	apportioned share of the estate tax. (Tex. Prob. Code, Sec.
3413	3413	322A(t).)
3414	3414	Sec. 124.014. RECOVERY OF ESTATE TAX SHARE NOT WITHHELD.
3415	3415	(a) If property includable in an estate does not come into
3416	3416	possession of a representative obligated to pay the estate tax, the
3417	3417	representative shall:
3418	3418	(1) recover from each person interested in the estate
3419	3419	the amount of the estate tax apportioned to the person under this
3420	3420	subchapter; or
3421	3421	(2) assign to persons affected by the tax obligation
3422	3422	the representative's right of recovery.
3423	3423	(b) The obligation to recover a tax under Subsection (a)
3424	3424	does not apply if:
3425	3425	(1) the duty is waived by the parties affected by the
3426	3426	tax obligation or by the instrument under which the representative
3427	3427	derives powers; or
3428	3428	(2) in the reasonable judgment of the representative,
3429	3429	proceeding to recover the tax is not cost-effective. (Tex. Prob.
3430	3430	Code, Sec. 322A(n).)
3431	3431	Sec. 124.015. RECOVERY OF UNPAID ESTATE TAX; REIMBURSEMENT.
3432	3432	(a) A representative shall recover from any person interested in
3433	3433	the estate the unpaid amount of the estate tax apportioned and
3434	3434	charged to the person under this subchapter unless the
3435	3435	representative determines in good faith that an attempt to recover
3436	3436	the amount would be economically impractical.
3437	3437	(b) A representative who cannot collect from a person
3438	3438	interested in the estate an unpaid amount of estate tax apportioned
3439	3439	to that person shall apportion the amount not collected in the
3440	3440	manner provided by Section 124.005(a) among the other persons
3441	3441	interested in the estate who are subject to apportionment.
3442	3442	(c) A person who is charged with or who pays an apportioned
3443	3443	amount under Subsection (b) has a right of reimbursement for that
3444	3444	amount from the person who failed to pay the tax. The
3445	3445	representative may enforce the right of reimbursement, or the
3446	3446	person who is charged with or who pays an apportioned amount under
3447	3447	Subsection (b) may enforce the right of reimbursement directly by
3448	3448	an assignment from the representative. A person assigned the right
3449	3449	under this subsection is subrogated to the rights of the
3450	3450	representative.
3451	3451	(d) A representative who has a right of reimbursement may
3452	3452	petition a court to determine the right of reimbursement. (Tex.
3453	3453	Prob. Code, Secs. 322A(o), (u).)
3454	3454	Sec. 124.016. TIME TO INITIATE ACTIONS TO RECOVER UNPAID
3455	3455	ESTATE TAX. (a) A representative required to recover unpaid
3456	3456	amounts of estate tax apportioned to persons interested in the
3457	3457	estate under this subchapter may not be required to initiate the
3458	3458	necessary actions until the expiration of the 90th day after the
3459	3459	date of the final determination by the Internal Revenue Service of
3460	3460	the amount of the estate tax.
3461	3461	(b) A representative who initiates an action under this
3462	3462	subchapter within a reasonable time after the expiration of the
3463	3463	90-day period is not subject to any liability or surcharge because a
3464	3464	portion of the estate tax apportioned to a person interested in the
3465	3465	estate was collectible during a period after the death of the
3466	3466	decedent but thereafter became uncollectible. (Tex. Prob. Code,
3467	3467	Sec. 322A(v).)
3468	3468	Sec. 124.017. TAX OR DEATH DUTY PAYABLE TO ANOTHER STATE.
3469	3469	(a) A representative acting in another state may initiate an action
3470	3470	in a court of this state to recover from a person interested in the
3471	3471	estate who is domiciled in this state or owns property in this state
3472	3472	subject to attachment or execution, a proportionate amount of:
3473	3473	(1) the federal estate tax;
3474	3474	(2) an estate tax payable to another state; or
3475	3475	(3) a death duty due by a decedent's estate to another
3476	3476	state.
3477	3477	(b) In the action, a determination of apportionment by the
3478	3478	court having jurisdiction of the administration of the decedent's
3479	3479	estate in the other state is prima facie correct.
3480	3480	(c) This section applies only if the state in which the
3481	3481	determination of apportionment was made provides a substantially
3482	3482	similar remedy. (Tex. Prob. Code, Sec. 322A(w).)
3483	3483	Sec. 124.018. PAYMENT OF EXPENSES AND ATTORNEY'S FEES. The
3484	3484	court shall award necessary expenses, including reasonable
3485	3485	attorney's fees, to the prevailing party in an action initiated by a
3486	3486	person for the collection of estate taxes from a person interested
3487	3487	in the estate to whom estate taxes were apportioned and charged
3488	3488	under Section 124.005. (Tex. Prob. Code, Sec. 322A(y).)
3489	3489	[Sections 124.019-124.050 reserved for expansion]
3490	3490	SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS
3491	3491	Sec. 124.051. VALUATION OF PROPERTY DISTRIBUTED IN KIND IN
3492	3492	SATISFACTION OF PECUNIARY GIFT. Unless the governing instrument
3493	3493	provides otherwise, if a will or trust contains a pecuniary devise
3494	3494	or transfer that may be satisfied by distributing assets in kind and
3495	3495	the executor, administrator, or trustee determines to fund the
3496	3496	devise or transfer by distributing assets in kind, the property
3497	3497	shall be valued, for the purpose of funding the devise or transfer,
3498	3498	at the value of the property on the date or dates of distribution.
3499	3499	(Tex. Prob. Code, Sec. 378A(b).)
3500	3500	Sec. 124.052. SATISFACTION OF MARITAL DEDUCTION PECUNIARY
3501	3501	GIFTS WITH ASSETS IN KIND. (a) This section applies to an
3502	3502	executor, administrator, or trustee authorized under the will or
3503	3503	trust of a decedent to satisfy a pecuniary devise or transfer in
3504	3504	trust in kind with assets at their value for federal estate tax
3505	3505	purposes, in satisfaction of a gift intended to qualify, or that
3506	3506	otherwise would qualify, for a United States estate tax marital
3507	3507	deduction.
3508	3508	(b) Unless the governing instrument provides otherwise, an
3509	3509	executor, administrator, or trustee, in order to implement a devise
3510	3510	or transfer described by Subsection (a), shall distribute assets,
3511	3511	including cash, fairly representative of appreciation or
3512	3512	depreciation in the value of all property available for
3513	3513	distribution in satisfaction of the devise or transfer. (Tex.
3514	3514	Prob. Code, Sec. 378A(a).)
3515	3515	[Chapters 125-150 reserved for expansion]
3516	3516	SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE
3517	3517	CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
3518	3518	Sec. 151.001. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT
3519	3519	BOX WITH COURT ORDER
3520	3520	Sec. 151.002. DELIVERY OF DOCUMENT WITH COURT ORDER
3521	3521	Sec. 151.003. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT
3522	3522	BOX WITHOUT COURT ORDER
3523	3523	Sec. 151.004. DELIVERY OF DOCUMENT WITHOUT COURT ORDER
3524	3524	Sec. 151.005. RESTRICTION ON REMOVAL OF CONTENTS OF
3525	3525	SAFE DEPOSIT BOX
3526	3526	CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
3527	3527	Sec. 151.001. EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX
3528	3528	WITH COURT ORDER. (a) A judge of a court that has probate
3529	3529	jurisdiction of a decedent's estate may order a person to permit a
3530	3530	court representative named in the order to examine a decedent's
3531	3531	documents or safe deposit box if it is shown to the judge that:
3532	3532	(1) the person may possess or control the documents or
3533	3533	that the person leased the safe deposit box to the decedent; and
3534	3534	(2) the documents or safe deposit box may contain:
3535	3535	(A) a will of the decedent;
3536	3536	(B) a deed to a burial plot in which the decedent
3537	3537	is to be buried; or
3538	3538	(C) an insurance policy issued in the decedent's
3539	3539	name and payable to a beneficiary named in the policy.
3540	3540	(b) The court representative shall examine the decedent's
3541	3541	documents or safe deposit box in the presence of:
3542	3542	(1) the judge ordering the examination or an agent of
3543	3543	the judge; and
3544	3544	(2) the person who has possession or control of the
3545	3545	documents or who leased the safe deposit box or, if that person is a
3546	3546	corporation, an officer of the corporation or an agent of an
3547	3547	officer. (Tex. Prob. Code, Sec. 36B.)
3548	3548	Sec. 151.002. DELIVERY OF DOCUMENT WITH COURT ORDER. (a) A
3549	3549	judge who orders an examination of a decedent's documents or safe
3550	3550	deposit box under Section 151.001 may order the person who
3551	3551	possesses or controls the documents or who leases the safe deposit
3552	3552	box to permit the court representative to take possession of a
3553	3553	document described by Section 151.001(a)(2).
3554	3554	(b) The court representative shall deliver:
3555	3555	(1) a will to the clerk of a court that:
3556	3556	(A) has probate jurisdiction; and
3557	3557	(B) is located in the same county as the court of
3558	3558	the judge who ordered the examination under Section 151.001;
3559	3559	(2) a burial plot deed to the person designated by the
3560	3560	judge in the order for the examination; or
3561	3561	(3) an insurance policy to a beneficiary named in the
3562	3562	policy.
3563	3563	(c) A court clerk to whom a will is delivered under
3564	3564	Subsection (b) shall issue a receipt for the will to the court
3565	3565	representative. (Tex. Prob. Code, Sec. 36C.)
3566	3566	Sec. 151.003. EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX
3567	3567	WITHOUT COURT ORDER. (a) A person who possesses or controls a
3568	3568	document delivered by a decedent for safekeeping or who leases a
3569	3569	safe deposit box to a decedent may permit examination of the
3570	3570	document or the contents of the safe deposit box by:
3571	3571	(1) the decedent's spouse;
3572	3572	(2) a parent of the decedent;
3573	3573	(3) a descendant of the decedent who is at least 18
3574	3574	years of age; or
3575	3575	(4) a person named as executor of the decedent's estate
3576	3576	in a copy of a document that the person has and that appears to be a
3577	3577	will of the decedent.
3578	3578	(b) An examination under Subsection (a) shall be conducted
3579	3579	in the presence of the person who possesses or controls the document
3580	3580	or who leases the safe deposit box or, if the person is a
3581	3581	corporation, an officer of the corporation. (Tex. Prob. Code, Sec.
3582	3582	36D.)
3583	3583	Sec. 151.004. DELIVERY OF DOCUMENT WITHOUT COURT ORDER.
3584	3584	(a) Subject to Subsection (c), a person who permits an examination
3585	3585	of a decedent's document or safe deposit box under Section 151.003
3586	3586	may deliver:
3587	3587	(1) a document appearing to be the decedent's will to:
3588	3588	(A) the clerk of a court that:
3589	3589	(i) has probate jurisdiction; and
3590	3590	(ii) is located in the county in which the
3591	3591	decedent resided; or
3592	3592	(B) a person named in the document as an executor
3593	3593	of the decedent's estate;
3594	3594	(2) a document appearing to be a deed to a burial plot
3595	3595	in which the decedent is to be buried, or appearing to give burial
3596	3596	instructions, to the person conducting the examination; or
3597	3597	(3) a document appearing to be an insurance policy on
3598	3598	the decedent's life to a beneficiary named in the policy.
3599	3599	(b) A person who has leased a safe deposit box to the
3600	3600	decedent shall keep a copy of a document delivered by the person
3601	3601	under Subsection (a)(1) until the fourth anniversary of the date of
3602	3602	delivery.
3603	3603	(c) A person may not deliver a document under Subsection (a)
3604	3604	unless the person examining the document:
3605	3605	(1) requests delivery of the document; and
3606	3606	(2) issues a receipt for the document to the person
3607	3607	delivering the document. (Tex. Prob. Code, Sec. 36E.)
3608	3608	Sec. 151.005. RESTRICTION ON REMOVAL OF CONTENTS OF SAFE
3609	3609	DEPOSIT BOX. A person may not remove the contents of a decedent's
3610	3610	safe deposit box except as provided by Section 151.002, Section
3611	3611	151.004, or another law. (Tex. Prob. Code, Sec. 36F.)
3612	3612	CHAPTER 152. EMERGENCY INTERVENTION
3613	3613	SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION
3614	3614	Sec. 152.001. APPLICATION AUTHORIZED
3615	3615	Sec. 152.002. CONTENTS OF APPLICATION
3616	3616	Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION:
3617	3617	FUNERAL AND REMAINS
3618	3618	Sec. 152.004. TIME AND PLACE OF FILING
3619	3619	[Sections 152.005-152.050 reserved for expansion]
3620	3620	SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION
3621	3621	Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND
3622	3622	BURIAL EXPENSES
3623	3623	Sec. 152.052. ISSUANCE OF ORDER REGARDING ACCESS TO
3624	3624	CERTAIN PERSONAL PROPERTY
3625	3625	Sec. 152.053. DURATION OF ORDER
3626	3626	Sec. 152.054. CERTIFIED COPIES OF ORDER
3627	3627	Sec. 152.055. LIABILITY OF CERTAIN PERSONS IN
3628	3628	CONNECTION WITH ORDER
3629	3629	[Sections 152.056-152.100 reserved for expansion]
3630	3630	SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE TO CONTROL DECEDENT'S BURIAL OR CREMATION
3631	3631	TO CONTROL DECEDENT'S BURIAL OR CREMATION
3632	3632	Sec. 152.101. APPLICATION AUTHORIZED
3633	3633	Sec. 152.102. HEARING; ISSUANCE OF ORDER
3634	3634	CHAPTER 152. EMERGENCY INTERVENTION
3635	3635	SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION
3636	3636	Sec. 152.001. APPLICATION AUTHORIZED. (a) Subject to
3637	3637	Subsection (b), a person qualified to serve as an administrator
3638	3638	under Section 304.001 may file an application requesting emergency
3639	3639	intervention by a court exercising probate jurisdiction to provide
3640	3640	for:
3641	3641	(1) the payment of the decedent's funeral and burial
3642	3642	expenses; or
3643	3643	(2) the protection and storage of personal property
3644	3644	owned by the decedent that, on the date of the decedent's death, was
3645	3645	located in accommodations rented by the decedent.
3646	3646	(b) An applicant may file an application under this section
3647	3647	only if:
3648	3648	(1) an application or affidavit has not been filed and
3649	3649	is not pending under Section 145, 256.052, 256.054, or 301.052 or
3650	3650	Chapter 205; and
3651	3651	(2) the applicant needs to:
3652	3652	(A) obtain funds for the payment of the
3653	3653	decedent's funeral and burial expenses; or
3654	3654	(B) gain access to accommodations rented by the
3655	3655	decedent that contain the decedent's personal property and the
3656	3656	applicant has been denied access to those accommodations. (Tex.
3657	3657	Prob. Code, Secs. 108 (part), 109, 110.)
3658	3658	Sec. 152.002. CONTENTS OF APPLICATION. (a) An emergency
3659	3659	intervention application must be sworn and must contain:
3660	3660	(1) the applicant's name, address, and interest;
3661	3661	(2) facts showing an immediate necessity for the
3662	3662	issuance of an emergency intervention order under Subchapter B;
3663	3663	(3) the decedent's date of death, place of death, and
3664	3664	residential address on the date of death;
3665	3665	(4) the name and address of the funeral home holding
3666	3666	the decedent's remains; and
3667	3667	(5) the names of any known or ascertainable heirs and
3668	3668	devisees of the decedent.
3669	3669	(b) In addition to the information required under
3670	3670	Subsection (a), if emergency intervention is requested to obtain
3671	3671	funds needed for the payment of the decedent's funeral and burial
3672	3672	expenses, the application must also contain:
3673	3673	(1) the reason any known or ascertainable heirs and
3674	3674	devisees of the decedent:
3675	3675	(A) cannot be contacted; or
3676	3676	(B) have refused to assist in the decedent's
3677	3677	burial;
3678	3678	(2) a description of necessary funeral and burial
3679	3679	procedures and a statement from the funeral home that contains a
3680	3680	detailed and itemized description of the cost of those procedures;
3681	3681	and
3682	3682	(3) the name and address of an individual, entity, or
3683	3683	financial institution, including an employer, in possession of any
3684	3684	funds of or due to the decedent, and related account numbers and
3685	3685	balances, if known by the applicant.
3686	3686	(c) In addition to the information required under
3687	3687	Subsection (a), if emergency intervention is requested to gain
3688	3688	access to accommodations rented by a decedent that at the time of
3689	3689	the decedent's death contain the decedent's personal property, the
3690	3690	application must also contain:
3691	3691	(1) the reason any known or ascertainable heirs and
3692	3692	devisees of the decedent:
3693	3693	(A) cannot be contacted; or
3694	3694	(B) have refused to assist in the protection of
3695	3695	the decedent's personal property;
3696	3696	(2) the type and location of the decedent's personal
3697	3697	property and the name of the person in possession of the property;
3698	3698	and
3699	3699	(3) the name and address of the owner or manager of the
3700	3700	accommodations and a statement regarding whether access to the
3701	3701	accommodations is necessary. (Tex. Prob. Code, Secs. 111(a), 112.)
3702	3702	Sec. 152.003. ADDITIONAL CONTENTS OF APPLICATION:
3703	3703	INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS. (a) In
3704	3704	addition to the information required under Section 152.002, if
3705	3705	emergency intervention is requested to obtain funds needed for the
3706	3706	payment of a decedent's funeral and burial expenses, the
3707	3707	application must also state whether there are any written
3708	3708	instructions from the decedent relating to the type and manner of
3709	3709	funeral or burial preferred by the decedent. The applicant shall:
3710	3710	(1) attach the instructions, if available, to the
3711	3711	application; and
3712	3712	(2) fully comply with the instructions.
3713	3713	(b) If written instructions do not exist, the applicant may
3714	3714	not permit the decedent's remains to be cremated unless the
3715	3715	applicant obtains the court's permission to cremate the remains.
3716	3716	(Tex. Prob. Code, Sec. 111(b).)
3717	3717	Sec. 152.004. TIME AND PLACE OF FILING. An emergency
3718	3718	intervention application must be filed:
3719	3719	(1) with the court clerk in the county in which:
3720	3720	(A) the decedent was domiciled; or
3721	3721	(B) the accommodations rented by the decedent
3722	3722	that contain the decedent's personal property are located; and
3723	3723	(2) not earlier than the third day after the date of
3724	3724	the decedent's death and not later than the 90th day after the date
3725	3725	of the decedent's death. (Tex. Prob. Code, Sec. 108 (part).)
3726	3726	[Sections 152.005-152.050 reserved for expansion]
3727	3727	SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION
3728	3728	Sec. 152.051. ISSUANCE OF ORDER REGARDING FUNERAL AND
3729	3729	BURIAL EXPENSES. If on review of an application filed under Section
3730	3730	152.001 the court determines that emergency intervention is
3731	3731	necessary to obtain funds needed for the payment of a decedent's
3732	3732	funeral and burial expenses, the court may order funds of the
3733	3733	decedent that are being held by an individual, an employer, or a
3734	3734	financial institution to be paid directly to a funeral home only
3735	3735	for:
3736	3736	(1) reasonable and necessary attorney's fees for the
3737	3737	attorney who obtained the order;
3738	3738	(2) court costs for obtaining the order; and
3739	3739	(3) funeral and burial expenses not to exceed $5,000
3740	3740	as ordered by the court to provide the decedent with a reasonable,
3741	3741	dignified, and appropriate funeral and burial. (Tex. Prob. Code,
3742	3742	Sec. 113(a).)
3743	3743	Sec. 152.052. ISSUANCE OF ORDER REGARDING ACCESS TO CERTAIN
3744	3744	PERSONAL PROPERTY. If on review of an application filed under
3745	3745	Section 152.001 the court determines that emergency intervention is
3746	3746	necessary to gain access to accommodations rented by the decedent
3747	3747	that, at the time of the decedent's death, contain the decedent's
3748	3748	personal property, the court may order one or more of the following:
3749	3749	(1) that the owner or agent of the accommodations
3750	3750	shall grant the applicant access to the accommodations at a
3751	3751	reasonable time and in the presence of the owner or agent;
3752	3752	(2) that the applicant and owner or agent of the
3753	3753	accommodations shall jointly prepare and file with the court a list
3754	3754	that generally describes the decedent's property found at the
3755	3755	premises;
3756	3756	(3) that the applicant or the owner or agent of the
3757	3757	accommodations may remove and store the decedent's property at
3758	3758	another location until claimed by the decedent's heirs;
3759	3759	(4) that the applicant has only the powers that are
3760	3760	specifically stated in the order and that are necessary to protect
3761	3761	the decedent's property that is the subject of the application; or
3762	3762	(5) that funds of the decedent held by an individual,
3763	3763	an employer, or a financial institution be paid to the applicant for
3764	3764	reasonable and necessary attorney's fees and court costs for
3765	3765	obtaining the order. (Tex. Prob. Code, Sec. 113(b).)
3766	3766	Sec. 152.053. DURATION OF ORDER. The authority of an
3767	3767	applicant under an emergency intervention order expires on the
3768	3768	earlier of:
3769	3769	(1) the 90th day after the date the order is issued; or
3770	3770	(2) the date a personal representative of the
3771	3771	decedent's estate qualifies. (Tex. Prob. Code, Sec. 114(a).)
3772	3772	Sec. 152.054. CERTIFIED COPIES OF ORDER. The court clerk
3773	3773	may issue certified copies of an emergency intervention order on
3774	3774	request of the applicant only until the earlier of:
3775	3775	(1) the 90th day after the date the order is signed; or
3776	3776	(2) the date a personal representative of the
3777	3777	decedent's estate qualifies. (Tex. Prob. Code, Sec. 113(c).)
3778	3778	Sec. 152.055. LIABILITY OF CERTAIN PERSONS IN CONNECTION
3779	3779	WITH ORDER. (a) A person who is provided a certified copy of an
3780	3780	emergency intervention order within the period prescribed by
3781	3781	Section 152.054 is not personally liable for an action taken by the
3782	3782	person in accordance with and in reliance on the order.
3783	3783	(b) If a personal representative has not been appointed when
3784	3784	an emergency intervention order issued under Section 152.052
3785	3785	expires, a person in possession of the decedent's personal property
3786	3786	that is the subject of the order, without incurring civil
3787	3787	liability, may:
3788	3788	(1) release the property to the decedent's heirs; or
3789	3789	(2) dispose of the property under Subchapter C,
3790	3790	Chapter 54, Property Code, or Section 7.209 or 7.210, Business &
3791	3791	Commerce Code. (Tex. Prob. Code, Secs. 113(d), 114(b).)
3792	3792	[Sections 152.056-152.100 reserved for expansion]
3793	3793	SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE
3794	3794	TO CONTROL DECEDENT'S BURIAL OR CREMATION
3795	3795	Sec. 152.101. APPLICATION AUTHORIZED. (a) The executor of
3796	3796	a decedent's will or the decedent's next of kin may file an
3797	3797	application for an order limiting the right of the decedent's
3798	3798	surviving spouse to control the decedent's burial or cremation.
3799	3799	(b) For purposes of Subsection (a), the decedent's next of
3800	3800	kin:
3801	3801	(1) is determined in accordance with order of descent,
3802	3802	with the person nearest in order of descent first, and so on; and
3803	3803	(2) includes the decedent's descendants who legally
3804	3804	adopted the decedent or who have been legally adopted by the
3805	3805	decedent.
3806	3806	(c) An application under this section must be under oath and
3807	3807	must establish:
3808	3808	(1) whether the decedent died intestate or testate;
3809	3809	(2) that the surviving spouse is alleged to be a
3810	3810	principal or accomplice in a wilful act that resulted in the
3811	3811	decedent's death; and
3812	3812	(3) that good cause exists to limit the surviving
3813	3813	spouse's right to control the decedent's burial or cremation. (Tex.
3814	3814	Prob. Code, Secs. 115(a), (b).)
3815	3815	Sec. 152.102. HEARING; ISSUANCE OF ORDER. (a) If the court
3816	3816	finds that there is good cause to believe that the decedent's
3817	3817	surviving spouse is the principal or an accomplice in a wilful act
3818	3818	that resulted in the decedent's death, the court may, after notice
3819	3819	and a hearing, limit the surviving spouse's right to control the
3820	3820	decedent's burial or cremation.
3821	3821	(b) Subsection (a) applies:
3822	3822	(1) without regard to whether the decedent died
3823	3823	intestate or testate; and
3824	3824	(2) regardless of whether the surviving spouse is
3825	3825	designated by the decedent's will as the executor of the decedent's
3826	3826	estate.
3827	3827	(c) If the court limits the surviving spouse's right of
3828	3828	control as provided by Subsection (a), the court shall designate
3829	3829	and authorize a person to make burial or cremation arrangements.
3830	3830	(Tex. Prob. Code, Secs. 115(c), (d).)
3831	3831	[Chapters 153-200 reserved for expansion]
3832	3832	SUBTITLE E. INTESTATE SUCCESSION
3833	3833	CHAPTER 201. DESCENT AND DISTRIBUTION
3834	3834	SUBCHAPTER A. INTESTATE SUCCESSION
3835	3835	Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING
3836	3836	SPOUSE
3837	3837	Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE
3838	3838	Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE
3839	3839	[Sections 201.004-201.050 reserved for expansion]
3840	3840	SUBCHAPTER B. MATTERS AFFECTING INHERITANCE
3841	3841	Sec. 201.051. MATERNAL INHERITANCE
3842	3842	Sec. 201.052. PATERNAL INHERITANCE
3843	3843	Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF
3844	3844	HEIRSHIP
3845	3845	Sec. 201.054. ADOPTED CHILD
3846	3846	Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE
3847	3847	Sec. 201.056. PERSONS NOT IN BEING
3848	3848	Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF
3849	3849	BLOOD
3850	3850	Sec. 201.058. CONVICTED PERSONS
3851	3851	Sec. 201.059. PERSON WHO DIES BY CASUALTY
3852	3852	Sec. 201.060. ALIENAGE
3853	3853	Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE
3854	3854	Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD
3855	3855	RELATIONSHIPS
3856	3856	[Sections 201.063-201.100 reserved for expansion]
3857	3857	SUBCHAPTER C. DISTRIBUTION TO HEIRS
3858	3858	Sec. 201.101. DETERMINATION OF PER CAPITA WITH
3859	3859	REPRESENTATION DISTRIBUTION
3860	3860	Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S
3861	3861	SOURCE
3862	3862	Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE
3863	3863	[Sections 201.104-201.150 reserved for expansion]
3864	3864	SUBCHAPTER D. ADVANCEMENTS
3865	3865	Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF
3866	3866	VALUATION
3867	3867	Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED
3868	3868	CHAPTER 201. DESCENT AND DISTRIBUTION
3869	3869	SUBCHAPTER A. INTESTATE SUCCESSION
3870	3870	Sec. 201.001. ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.
3871	3871	(a) If a person who dies intestate does not leave a spouse, the
3872	3872	estate to which the person had title descends and passes in
3873	3873	parcenary to the person's kindred in the order provided by this
3874	3874	section.
3875	3875	(b) The person's estate descends and passes to the person's
3876	3876	children and the children's descendants.
3877	3877	(c) If no child or child's descendant survives the person,
3878	3878	the person's estate descends and passes in equal portions to the
3879	3879	person's father and mother.
3880	3880	(d) If only the person's father or mother survives the
3881	3881	person, the person's estate shall:
3882	3882	(1) be divided into two equal portions, with:
3883	3883	(A) one portion passing to the surviving parent;
3884	3884	and
3885	3885	(B) one portion passing to the person's siblings
3886	3886	and the siblings' descendants; or
3887	3887	(2) be inherited entirely by the surviving parent if
3888	3888	there is no sibling of the person or siblings' descendants.
3889	3889	(e) If neither the person's father nor mother survives the
3890	3890	person, the person's entire estate passes to the person's siblings
3891	3891	and the siblings' descendants.
3892	3892	(f) If none of the kindred described by Subsections (b)-(e)
3893	3893	survive the person, the person's estate shall be divided into two
3894	3894	moieties, with:
3895	3895	(1) one moiety passing to the person's paternal
3896	3896	kindred as provided by Subsection (g); and
3897	3897	(2) one moiety passing to the person's maternal
3898	3898	kindred as provided by Subsection (h).
3899	3899	(g) The moiety passing to the person's paternal kindred
3900	3900	passes in the following order:
3901	3901	(1) if both paternal grandparents survive the person,
3902	3902	equal portions pass to the person's paternal grandfather and
3903	3903	grandmother;
3904	3904	(2) if only the person's paternal grandfather or
3905	3905	grandmother survives the person, the person's estate shall:
3906	3906	(A) be divided into two equal portions, with:
3907	3907	(i) one portion passing to the surviving
3908	3908	grandparent; and
3909	3909	(ii) one portion passing to the descendants
3910	3910	of the deceased grandparent; or
3911	3911	(B) pass entirely to the surviving grandparent if
3912	3912	no descendant of the deceased grandparent survives the person; and
3913	3913	(3) if neither the person's paternal grandfather nor
3914	3914	grandmother survives the person, the moiety passing to the
3915	3915	decedent's paternal kindred passes to the descendants of the
3916	3916	person's paternal grandfather and grandmother, and so on without
3917	3917	end, passing in like manner to the nearest lineal ancestors and
3918	3918	their descendants.
3919	3919	(h) The moiety passing to the person's maternal kindred
3920	3920	passes in the same order and manner as the other moiety passes to
3921	3921	the decedent's paternal kindred under Subsection (g). (Tex. Prob.
3922	3922	Code, Sec. 38(a).)
3923	3923	Sec. 201.002. SEPARATE ESTATE OF AN INTESTATE. (a) If a
3924	3924	person who dies intestate leaves a surviving spouse, the estate,
3925	3925	other than a community estate, to which the person had title
3926	3926	descends and passes as provided by this section.
3927	3927	(b) If the person has one or more children or a descendant of
3928	3928	a child:
3929	3929	(1) the surviving spouse takes one-third of the
3930	3930	personal estate;
3931	3931	(2) two-thirds of the personal estate descends to the
3932	3932	person's child or children, and the descendants of a child or
3933	3933	children; and
3934	3934	(3) the surviving spouse is entitled to a life estate
3935	3935	in one-third of the person's land, with the remainder descending to
3936	3936	the person's child or children and the descendants of a child or
3937	3937	children.
3938	3938	(c) Except as provided by Subsection (d), if the person has
3939	3939	no child and no descendant of a child:
3940	3940	(1) the surviving spouse is entitled to all of the
3941	3941	personal estate;
3942	3942	(2) the surviving spouse is entitled to one-half of
3943	3943	the person's land without a remainder to any person; and
3944	3944	(3) one-half of the person's land passes and is
3945	3945	inherited according to the rules of descent and distribution.
3946	3946	(d) If the person described by Subsection (c) does not leave
3947	3947	a surviving parent or one or more surviving siblings, or their
3948	3948	descendants, the surviving spouse is entitled to the entire estate.
3949	3949	(Tex. Prob. Code, Sec. 38(b).)
3950	3950	Sec. 201.003. COMMUNITY ESTATE OF AN INTESTATE. (a) If a
3951	3951	person who dies intestate leaves a surviving spouse, the community
3952	3952	estate of the deceased spouse passes as provided by this section.
3953	3953	(b) The community estate of the deceased spouse passes to
3954	3954	the surviving spouse if:
3955	3955	(1) no child or other descendant of the deceased
3956	3956	spouse survives the deceased spouse; or
3957	3957	(2) all of the surviving children and descendants of
3958	3958	the deceased spouse are also children or descendants of the
3959	3959	surviving spouse.
3960	3960	(c) If the deceased spouse is survived by a child or other
3961	3961	descendant who is not also a child or descendant of the surviving
3962	3962	spouse, one-half of the community estate is retained by the
3963	3963	surviving spouse and the other one-half passes to the deceased
3964	3964	spouse's children or descendants. The descendants inherit only the
3965	3965	portion of that estate to which they would be entitled under Section
3966	3966	201.101. In every case, the community estate passes charged with
3967	3967	the debts against the community estate. (Tex. Prob. Code, Sec. 45.)
3968	3968	[Sections 201.004-201.050 reserved for expansion]
3969	3969	SUBCHAPTER B. MATTERS AFFECTING INHERITANCE
3970	3970	Sec. 201.051. MATERNAL INHERITANCE. For purposes of
3971	3971	inheritance, a child is the child of the child's biological or
3972	3972	adopted mother, and the child and the child's issue shall inherit
3973	3973	from the child's mother and the child's maternal kindred, both
3974	3974	descendants, ascendants, and collateral kindred in all degrees, and
3975	3975	they may inherit from the child and the child's issue. (Tex. Prob.
3976	3976	Code, Sec. 42(a).)
3977	3977	Sec. 201.052. PATERNAL INHERITANCE. (a) For purposes of
3978	3978	inheritance, a child is the child of the child's biological father
3979	3979	if:
3980	3980	(1) the child is born under circumstances described by
3981	3981	Section 160.201, Family Code;
3982	3982	(2) the child is adjudicated to be the child of the
3983	3983	father by court decree under Chapter 160, Family Code;
3984	3984	(3) the child was adopted by the child's father; or
3985	3985	(4) the father executed an acknowledgment of paternity
3986	3986	under Subchapter D, Chapter 160, Family Code, or a similar
3987	3987	statement properly executed in another jurisdiction.
3988	3988	(b) A child described by Subsection (a) and the child's
3989	3989	issue shall inherit from the child's father and the child's paternal
3990	3990	kindred, both descendants, ascendants, and collateral kindred in
3991	3991	all degrees, and they may inherit from the child and the child's
3992	3992	issue.
3993	3993	(c) A person may petition the probate court for a
3994	3994	determination of right of inheritance from a decedent if the
3995	3995	person:
3996	3996	(1) claims to be a biological child of the decedent and
3997	3997	is not otherwise presumed to be a child of the decedent; or
3998	3998	(2) claims inheritance through a biological child of
3999	3999	the decedent who is not otherwise presumed to be a child of the
4000	4000	decedent.
4001	4001	(d) If under Subsection (c) the court finds by clear and
4002	4002	convincing evidence that the purported father was the biological
4003	4003	father of the child:
4004	4004	(1) the child is treated as any other child of the
4005	4005	decedent for purposes of inheritance; and
4006	4006	(2) the child and the child's issue may inherit from
4007	4007	the child's paternal kindred, both descendants, ascendants, and
4008	4008	collateral kindred in all degrees, and they may inherit from the
4009	4009	child and the child's issue.
4010	4010	(e) This section does not permit inheritance by a purported
4011	4011	father of a child, recognized or not, if the purported father's
4012	4012	parental rights have been terminated. (Tex. Prob. Code, Sec.
4013	4013	42(b)(1).)
4014	4014	Sec. 201.053. EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP.
4015	4015	(a) A person who purchases for valuable consideration any interest
4016	4016	in property of the heirs of a decedent acquires good title to the
4017	4017	interest that the person would have received, as purchaser, in the
4018	4018	absence of a claim of the child described by Subdivision (1), if the
4019	4019	person:
4020	4020	(1) in good faith relies on the declarations in an
4021	4021	affidavit of heirship that does not include a child who at the time
4022	4022	of the sale or contract of sale of the property:
4023	4023	(A) is not a presumed child of the decedent; and
4024	4024	(B) has not under a final court decree or
4025	4025	judgment been found to be entitled to treatment under Section
4026	4026	201.052 as a child of the decedent; and
4027	4027	(2) is without knowledge of the claim of the child
4028	4028	described by Subdivision (1).
4029	4029	(b) Subsection (a) does not affect any liability of the
4030	4030	heirs for the proceeds of a sale described by Subsection (a) to the
4031	4031	child who was not included in the affidavit of heirship. (Tex.
4032	4032	Prob. Code, Sec. 42(b)(2).)
4033	4033	Sec. 201.054. ADOPTED CHILD. (a) For purposes of
4034	4034	inheritance under the laws of descent and distribution, an adopted
4035	4035	child is regarded as the child of the adoptive parent or parents,
4036	4036	and the adopted child and the adopted child's descendants inherit
4037	4037	from and through the adoptive parent or parents and their kindred as
4038	4038	if the adopted child were the natural child of the adoptive parent
4039	4039	or parents. The adoptive parent or parents and their kindred
4040	4040	inherit from and through the adopted child as if the adopted child
4041	4041	were the natural child of the adoptive parent or parents.
4042	4042	(b) The natural parent or parents of an adopted child and
4043	4043	the kindred of the natural parent or parents may not inherit from or
4044	4044	through the adopted child, but the adopted child inherits from and
4045	4045	through the child's natural parent or parents, except as provided
4046	4046	by Section 162.507(c), Family Code.
4047	4047	(c) This section does not prevent an adoptive parent from
4048	4048	disposing of the parent's property by will according to law.
4049	4049	(d) This section does not diminish the rights of an adopted
4050	4050	child under the laws of descent and distribution or otherwise that
4051	4051	the adopted child acquired by virtue of inclusion in the definition
4052	4052	of "child" under Section 22.004. (Tex. Prob. Code, Sec. 40.)
4053	4053	Sec. 201.055. ISSUE OF VOID OR VOIDABLE MARRIAGE. The issue
4054	4054	of a marriage declared void or voided by annulment shall be treated
4055	4055	in the same manner as the issue of a valid marriage. (Tex. Prob.
4056	4056	Code, Sec. 42(d).)
4057	4057	Sec. 201.056. PERSONS NOT IN BEING. No right of inheritance
4058	4058	accrues to any person other than to a child or lineal descendant of
4059	4059	an intestate, unless the person is in being and capable in law to
4060	4060	take as an heir at the time of the intestate's death. (Tex. Prob.
4061	4061	Code, Sec. 41(a).)
4062	4062	Sec. 201.057. COLLATERAL KINDRED OF WHOLE AND HALF BLOOD.
4063	4063	If the inheritance from an intestate passes to the collateral
4064	4064	kindred of the intestate and part of the collateral kindred are of
4065	4065	whole blood and the other part are of half blood of the intestate,
4066	4066	each of the collateral kindred who is of half blood inherits only
4067	4067	half as much as that inherited by each of the collateral kindred who
4068	4068	is of whole blood. If all of the collateral kindred are of half
4069	4069	blood of the intestate, each of the collateral kindred inherits a
4070	4070	whole portion. (Tex. Prob. Code, Sec. 41(b).)
4071	4071	Sec. 201.058. CONVICTED PERSONS. (a) No conviction shall
4072	4072	work corruption of blood or forfeiture of estate except as provided
4073	4073	by Subsection (b).
4074	4074	(b) If a beneficiary of a life insurance policy or contract
4075	4075	is convicted and sentenced as a principal or accomplice in wilfully
4076	4076	bringing about the death of the insured, the proceeds of the
4077	4077	insurance policy or contract shall be paid in the manner provided by
4078	4078	the Insurance Code. (Tex. Prob. Code, Sec. 41(d) (part).)
4079	4079	Sec. 201.059. PERSON WHO DIES BY CASUALTY. Death by
4080	4080	casualty does not result in forfeiture of estate. (Tex. Prob. Code,
4081	4081	Sec. 41(d) (part).)
4082	4082	Sec. 201.060. ALIENAGE. A person is not disqualified to
4083	4083	take as an heir because the person, or another person through whom
4084	4084	the person claims, is or has been an alien. (Tex. Prob. Code, Sec.
4085	4085	41(c).)
4086	4086	Sec. 201.061. ESTATE OF PERSON WHO DIES BY SUICIDE. The
4087	4087	estate of a person who commits suicide descends or vests as if the
4088	4088	person died a natural death. (Tex. Prob. Code, Sec. 41(d) (part).)
4089	4089	Sec. 201.062. TREATMENT OF CERTAIN PARENT-CHILD
4090	4090	RELATIONSHIPS. (a) A probate court may enter an order declaring
4091	4091	that the parent of a child under 18 years of age may not inherit from
4092	4092	or through the child under the laws of descent and distribution if
4093	4093	the court finds by clear and convincing evidence that the parent
4094	4094	has:
4095	4095	(1) voluntarily abandoned and failed to support the
4096	4096	child in accordance with the parent's obligation or ability for at
4097	4097	least three years before the date of the child's death, and did not
4098	4098	resume support for the child before that date;
4099	4099	(2) voluntarily and with knowledge of the pregnancy:
4100	4100	(A) abandoned the child's mother beginning at a
4101	4101	time during her pregnancy with the child and continuing through the
4102	4102	birth;
4103	4103	(B) failed to provide adequate support or medical
4104	4104	care for the mother during the period of abandonment before the
4105	4105	child's birth; and
4106	4106	(C) remained apart from and failed to support the
4107	4107	child since birth; or
4108	4108	(3) been convicted or has been placed on community
4109	4109	supervision, including deferred adjudication community
4110	4110	supervision, for being criminally responsible for the death or
4111	4111	serious injury of a child under the following sections of the Penal
4112	4112	Code or adjudicated under Title 3, Family Code, for conduct that
4113	4113	caused the death or serious injury of a child and that would
4114	4114	constitute a violation of one of the following sections of the Penal
4115	4115	Code:
4116	4116	(A) Section 19.02 (murder);
4117	4117	(B) Section 19.03 (capital murder);
4118	4118	(C) Section 19.04 (manslaughter);
4119	4119	(D) Section 21.11 (indecency with a child);
4120	4120	(E) Section 22.01 (assault);
4121	4121	(F) Section 22.011 (sexual assault);
4122	4122	(G) Section 22.02 (aggravated assault);
4123	4123	(H) Section 22.021 (aggravated sexual assault);
4124	4124	(I) Section 22.04 (injury to a child, elderly
4125	4125	individual, or disabled individual);
4126	4126	(J) Section 22.041 (abandoning or endangering
4127	4127	child);
4128	4128	(K) Section 25.02 (prohibited sexual conduct);
4129	4129	(L) Section 43.25 (sexual performance by a
4130	4130	child); or
4131	4131	(M) Section 43.26 (possession or promotion of
4132	4132	child pornography).
4133	4133	(b) On a determination under Subsection (a) that the parent
4134	4134	of a child may not inherit from or through the child, the parent
4135	4135	shall be treated as if the parent predeceased the child for purposes
4136	4136	of:
4137	4137	(1) inheritance under the laws of descent and
4138	4138	distribution; and
4139	4139	(2) any other cause of action based on parentage.
4140	4140	(Tex. Prob. Code, Secs. 41(e), (f).)
4141	4141	[Sections 201.063-201.100 reserved for expansion]
4142	4142	SUBCHAPTER C. DISTRIBUTION TO HEIRS
4143	4143	Sec. 201.101. DETERMINATION OF PER CAPITA WITH
4144	4144	REPRESENTATION DISTRIBUTION. (a) The children, descendants,
4145	4145	brothers, sisters, uncles, aunts, or other relatives of an
4146	4146	intestate who stand in the first or same degree of relationship
4147	4147	alone and come into the distribution of the intestate's estate take
4148	4148	per capita, which means by persons.
4149	4149	(b) If some of the persons described by Subsection (a) are
4150	4150	dead and some are living, each descendant of those persons who have
4151	4151	died is entitled to a distribution of the intestate's estate. Each
4152	4152	descendant inherits only that portion of the property to which the
4153	4153	parent through whom the descendant inherits would be entitled if
4154	4154	that parent were alive. (Tex. Prob. Code, Sec. 43.)
4155	4155	Sec. 201.102. NO DISTINCTION BASED ON PROPERTY'S SOURCE. A
4156	4156	distinction may not be made, in regulating the descent and
4157	4157	distribution of an estate of a person dying intestate, between
4158	4158	property derived by gift, devise, or descent from the intestate's
4159	4159	father, and property derived by gift, devise, or descent from the
4160	4160	intestate's mother. (Tex. Prob. Code, Sec. 39 (part).)
4161	4161	Sec. 201.103. TREATMENT OF INTESTATE'S ESTATE. All of the
4162	4162	estate to which an intestate had title at the time of death descends
4163	4163	and vests in the intestate's heirs in the same manner as if the
4164	4164	intestate had been the original purchaser. (Tex. Prob. Code, Sec.
4165	4165	39 (part).)
4166	4166	[Sections 201.104-201.150 reserved for expansion]
4167	4167	SUBCHAPTER D. ADVANCEMENTS
4168	4168	Sec. 201.151. DETERMINATION OF ADVANCEMENT; DATE OF
4169	4169	VALUATION. (a) If a decedent dies intestate as to all or part of the
4170	4170	decedent's estate, property that the decedent gave during the
4171	4171	decedent's lifetime to a person who, on the date of the decedent's
4172	4172	death, is the decedent's heir, or property received by the
4173	4173	decedent's heir under a nontestamentary transfer under Subchapter
4174	4174	B, Chapter 111, or Chapter 112 or 113, is an advancement against the
4175	4175	heir's intestate share of the estate only if:
4176	4176	(1) the decedent declared in a contemporaneous
4177	4177	writing, or the heir acknowledged in writing, that the gift or
4178	4178	nontestamentary transfer is an advancement; or
4179	4179	(2) the decedent's contemporaneous writing or the
4180	4180	heir's written acknowledgment otherwise indicates that the gift or
4181	4181	nontestamentary transfer is to be considered in computing the
4182	4182	division and distribution of the decedent's intestate estate.
4183	4183	(b) For purposes of Subsection (a), property that is
4184	4184	advanced is valued as of the earlier of:
4185	4185	(1) the time that the heir came into possession or
4186	4186	enjoyment of the property; or
4187	4187	(2) the time of the decedent's death. (Tex. Prob.
4188	4188	Code, Secs. 44(a), (b).)
4189	4189	Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED. If the
4190	4190	recipient of property described by Section 201.151 does not survive
4191	4191	the decedent, the property is not considered in computing the
4192	4192	division and distribution of the decedent's intestate estate unless
4193	4193	the decedent's contemporaneous writing provides otherwise. (Tex.
4194	4194	Prob. Code, Sec. 44(c).)
4195	4195	CHAPTER 202. DETERMINATION OF HEIRSHIP
4196	4196	SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF PROCEEDING TO DECLARE HEIRSHIP
4197	4197	PROCEEDING TO DECLARE HEIRSHIP
4198	4198	Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF
4199	4199	PROCEEDING TO DECLARE HEIRSHIP
4200	4200	Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO
4201	4201	DECLARE HEIRSHIP IS AUTHORIZED
4202	4202	Sec. 202.003. VENUE FOR PROCEEDING TO DECLARE HEIRSHIP
4203	4203	Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO
4204	4204	DECLARE HEIRSHIP
4205	4205	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
4206	4206	HEIRSHIP
4207	4207	Sec. 202.006. REQUEST FOR DETERMINATION OF NECESSITY
4208	4208	FOR ADMINISTRATION
4209	4209	Sec. 202.007. AFFIDAVIT SUPPORTING APPLICATION
4210	4210	REQUIRED
4211	4211	Sec. 202.008. REQUIRED PARTIES TO PROCEEDING TO
4212	4212	DECLARE HEIRSHIP
4213	4213	Sec. 202.009. REPRESENTATION OF INTERESTS OF CERTAIN
4214	4214	PERSONS
4215	4215	[Sections 202.010-202.050 reserved for expansion]
4216	4216	SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP
4217	4217	Sec. 202.051. SERVICE OF CITATION BY MAIL WHEN
4218	4218	OR ASCERTAINABLE
4219	4219	Sec. 202.052. SERVICE OF CITATION BY PUBLICATION WHEN
4220	4220	ASCERTAINABLE
4221	4221	Sec. 202.053. REQUIRED POSTING OF CITATION
4222	4222	Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE
4223	4223	REQUIRED
4224	4224	Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS
4225	4225	NOT REQUIRED
4226	4226	Sec. 202.056. WAIVER OF SERVICE OF CITATION ON CERTAIN
4227	4227	PERSONS NOT PERMITTED
4228	4228	[Sections 202.057-202.100 reserved for expansion]
4229	4229	SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP
4230	4230	Sec. 202.101. REQUIRED TRANSFER OF PENDING PROCEEDING
4231	4231	CIRCUMSTANCES
4232	4232	Sec. 202.102. TRANSFER OF RECORDS
4233	4233	Sec. 202.103. PROCEDURES APPLICABLE TO TRANSFERRED
4234	4234	CONSOLIDATION WITH OTHER PROCEEDING
4235	4235	[Sections 202.104-202.150 reserved for expansion]
4236	4236	SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
4237	4237	Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO
4238	4238	DECLARE HEIRSHIP
4239	4239	[Sections 202.152-202.200 reserved for expansion]
4240	4240	SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP
4241	4241	Sec. 202.201. REQUIRED STATEMENTS IN JUDGMENT
4242	4242	Sec. 202.202. FINALITY AND APPEAL OF JUDGMENT
4243	4243	Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF
4244	4244	HEIR NOT PROPERLY SERVED
4245	4245	Sec. 202.204. LIMITATION OF LIABILITY OF CERTAIN
4246	4246	JUDGMENT
4247	4247	Sec. 202.205. EFFECT OF CERTAIN JUDGMENTS ON LIABILITY
4248	4248	TO CREDITORS
4249	4249	Sec. 202.206. FILING AND RECORDING OF JUDGMENT
4250	4250	CHAPTER 202. DETERMINATION OF HEIRSHIP
4251	4251	SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF
4252	4252	PROCEEDING TO DECLARE HEIRSHIP
4253	4253	Sec. 202.001. GENERAL AUTHORIZATION FOR AND NATURE OF
4254	4254	PROCEEDING TO DECLARE HEIRSHIP. In the manner provided by this
4255	4255	chapter, a court may determine through a proceeding to declare
4256	4256	heirship:
4257	4257	(1) the persons who are a decedent's heirs and only
4258	4258	heirs; and
4259	4259	(2) the heirs' respective shares and interests under
4260	4260	the laws of this state in the decedent's estate. (Tex. Prob. Code,
4261	4261	Sec. 48(a) (part).)
4262	4262	Sec. 202.002. CIRCUMSTANCES UNDER WHICH PROCEEDING TO
4263	4263	DECLARE HEIRSHIP IS AUTHORIZED. A court may conduct a proceeding to
4264	4264	declare heirship when:
4265	4265	(1) a person dies intestate owning or entitled to
4266	4266	property in this state and there has been no administration in this
4267	4267	state of the person's estate; or
4268	4268	(2) there has been a will probated in this state or
4269	4269	elsewhere or an administration in this state of the decedent's
4270	4270	estate, but:
4271	4271	(A) property in this state was omitted from the
4272	4272	will or administration; or
4273	4273	(B) no final disposition of property in this
4274	4274	state has been made in the administration. (Tex. Prob. Code, Sec.
4275	4275	48(a) (part).)
4276	4276	Sec. 202.003. VENUE FOR PROCEEDING TO DECLARE HEIRSHIP.
4277	4277	(a) A proceeding to declare heirship of a decedent may be conducted
4278	4278	by:
4279	4279	(1) the court of the county in which a proceeding to
4280	4280	probate the decedent's will or for the administration of the
4281	4281	decedent's estate was most recently pending; or
4282	4282	(2) if no will of the decedent has been admitted to
4283	4283	probate in this state and no administration of the decedent's
4284	4284	estate has been granted in this state, the court of the county in
4285	4285	which venue would be proper for commencement of an administration
4286	4286	of the decedent's estate under Section 6.
4287	4287	(b) Notwithstanding Subsection (a), a probate court in
4288	4288	which proceedings for the guardianship of the estate of a ward who
4289	4289	dies intestate were pending at the time of the decedent's death may,
4290	4290	if there is no administration pending in the estate, determine:
4291	4291	(1) the persons who are the decedent's heirs and only
4292	4292	heirs; and
4293	4293	(2) the heirs' respective shares and interests under
4294	4294	the laws of this state in the decedent's estate. (Tex. Prob. Code,
4295	4295	Secs. 48(a) (part), (c).)
4296	4296	Sec. 202.004. PERSONS WHO MAY COMMENCE PROCEEDING TO
4297	4297	DECLARE HEIRSHIP. A proceeding to declare heirship of a decedent
4298	4298	may be commenced and maintained under a circumstance specified by
4299	4299	Section 202.002 by:
4300	4300	(1) the personal representative of the decedent's
4301	4301	estate;
4302	4302	(2) a person claiming to be a secured creditor or the
4303	4303	owner of all or part of the decedent's estate; or
4304	4304	(3) if the decedent was a ward with respect to whom a
4305	4305	guardian of the estate had been appointed, the guardian of the
4306	4306	estate, provided that the proceeding is commenced and maintained in
4307	4307	the probate court in which the proceedings for the guardianship of
4308	4308	the estate were pending at the time of the decedent's death. (Tex.
4309	4309	Prob. Code, Sec. 49(a) (part).)
4310	4310	Sec. 202.005. APPLICATION FOR PROCEEDING TO DECLARE
4311	4311	HEIRSHIP. A person authorized by Section 202.004 to commence a
4312	4312	proceeding to declare heirship must file an application in a court
4313	4313	specified by Section 202.003 to commence the proceeding. The
4314	4314	application must state:
4315	4315	(1) the decedent's name and time and place of death;
4316	4316	(2) the names and residences of the decedent's heirs,
4317	4317	the relationship of each heir to the decedent, and the true interest
4318	4318	of the applicant and each of the heirs in the decedent's estate;
4319	4319	(3) if the time or place of the decedent's death or the
4320	4320	name or residence of an heir is not definitely known to the
4321	4321	applicant, all the material facts and circumstances with respect to
4322	4322	which the applicant has knowledge and information that might
4323	4323	reasonably tend to show the time or place of the decedent's death or
4324	4324	the name or residence of the heir;
4325	4325	(4) that all children born to or adopted by the
4326	4326	decedent have been listed;
4327	4327	(5) that each of the decedent's marriages has been
4328	4328	listed with:
4329	4329	(A) the date of the marriage;
4330	4330	(B) the name of the spouse;
4331	4331	(C) the date and place of termination if the
4332	4332	marriage was terminated; and
4333	4333	(D) other facts to show whether a spouse has had
4334	4334	an interest in the decedent's property;
4335	4335	(6) whether the decedent died testate and, if so, what
4336	4336	disposition has been made of the will;
4337	4337	(7) a general description of all property belonging to
4338	4338	the decedent's estate; and
4339	4339	(8) an explanation for the omission from the
4340	4340	application of any of the information required by this section.
4341	4341	(Tex. Prob. Code, Sec. 49(a) (part).)
4342	4342	Sec. 202.006. REQUEST FOR DETERMINATION OF NECESSITY FOR
4343	4343	ADMINISTRATION. A person who files an application under Section
4344	4344	202.005 not later than the fourth anniversary of the date of the
4345	4345	death of the decedent who is the subject of the application may
4346	4346	request that the court determine whether there is a need for
4347	4347	administration of the decedent's estate. The court shall hear
4348	4348	evidence on the issue and, in the court's judgment, make a
4349	4349	determination of the issue. (Tex. Prob. Code, Sec. 48(b).)
4350	4350	Sec. 202.007. AFFIDAVIT SUPPORTING APPLICATION REQUIRED.
4351	4351	(a) An application filed under Section 202.005 must be supported by
4352	4352	the affidavit of each applicant.
4353	4353	(b) An affidavit of an applicant under Subsection (a) must
4354	4354	state that, to the applicant's knowledge:
4355	4355	(1) all the allegations in the application are true;
4356	4356	and
4357	4357	(2) no material fact or circumstance has been omitted
4358	4358	from the application. (Tex. Prob. Code, Sec. 49(b) (part).)
4359	4359	Sec. 202.008. REQUIRED PARTIES TO PROCEEDING TO DECLARE
4360	4360	HEIRSHIP. Each of the following persons must be made a party to a
4361	4361	proceeding to declare heirship:
4362	4362	(1) each unknown heir of the decedent who is the
4363	4363	subject of the proceeding;
4364	4364	(2) each person who is named as an heir of the decedent
4365	4365	in the application filed under Section 202.005; and
4366	4366	(3) each person who is, on the filing date of the
4367	4367	application, shown as owning a share or interest in any real
4368	4368	property described in the application by the deed records of the
4369	4369	county in which the property is located. (Tex. Prob. Code, Sec.
4370	4370	49(b) (part).)
4371	4371	Sec. 202.009. REPRESENTATION OF INTERESTS OF CERTAIN
4372	4372	PERSONS. (a) If it appears to the court in a proceeding to declare
4373	4373	heirship that there is or may be a living heir whose name or
4374	4374	whereabouts is unknown, or that a defendant is an incapacitated
4375	4375	person, the court may appoint an attorney ad litem or guardian ad
4376	4376	litem to represent the interests of that person. The court may not
4377	4377	appoint an attorney ad litem or guardian ad litem unless the court
4378	4378	finds that the appointment is necessary to protect the interests of
4379	4379	the living heir or incapacitated person.
4380	4380	(b) The court shall appoint an attorney ad litem to
4381	4381	represent the interests of unknown heirs. (Tex. Prob. Code, Secs.
4382	4382	53(b), (c).)
4383	4383	[Sections 202.010-202.050 reserved for expansion]
4384	4384	SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP
4385	4385	Sec. 202.051. SERVICE OF CITATION BY MAIL WHEN RECIPIENT'S
4386	4386	NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE. Except as provided by
4387	4387	Section 202.054, citation in a proceeding to declare heirship must
4388	4388	be served by registered or certified mail on:
4389	4389	(1) each distributee who is 12 years of age or older
4390	4390	and whose name and address are known or can be ascertained through
4391	4391	the exercise of reasonable diligence; and
4392	4392	(2) the parent, managing conservator, or guardian of
4393	4393	each distributee who is younger than 12 years of age if the name and
4394	4394	address of the parent, managing conservator, or guardian are known
4395	4395	or can be reasonably ascertained. (Tex. Prob. Code, Sec. 50(a)
4396	4396	(part).)
4397	4397	Sec. 202.052. SERVICE OF CITATION BY PUBLICATION WHEN
4398	4398	RECIPIENT'S NAME OR ADDRESS IS NOT ASCERTAINABLE. If the address of
4399	4399	a person or entity on whom citation is required to be served cannot
4400	4400	be ascertained, citation must be served on the person or entity by
4401	4401	publication in the county in which the proceeding to declare
4402	4402	heirship is commenced and in the county of the last residence of the
4403	4403	decedent who is the subject of the proceeding, if that residence was
4404	4404	in a county other than the county in which the proceeding is
4405	4405	commenced. To determine whether a decedent has any other heirs,
4406	4406	citation must be served on unknown heirs by publication in the
4407	4407	manner provided by this section. (Tex. Prob. Code, Sec. 50(b).)
4408	4408	Sec. 202.053. REQUIRED POSTING OF CITATION. Except in a
4409	4409	proceeding in which citation is served by publication as provided
4410	4410	by Section 202.052, citation in a proceeding to declare heirship
4411	4411	must be posted in:
4412	4412	(1) the county in which the proceeding is commenced;
4413	4413	and
4414	4414	(2) the county of the last residence of the decedent
4415	4415	who is the subject of the proceeding. (Tex. Prob. Code, Sec. 50(c).)
4416	4416	Sec. 202.054. PERSONAL SERVICE OF CITATION MAY BE REQUIRED.
4417	4417	The court may require that service of citation in a proceeding to
4418	4418	declare heirship be made by personal service on some or all of those
4419	4419	named as distributees in the application filed under Section
4420	4420	202.005. (Tex. Prob. Code, Sec. 50(a) (part).)
4421	4421	Sec. 202.055. SERVICE OF CITATION ON CERTAIN PERSONS NOT
4422	4422	REQUIRED. A party to a proceeding to declare heirship who executed
4423	4423	the application filed under Section 202.005 is not required to be
4424	4424	served by any method. (Tex. Prob. Code, Sec. 50(d).)
4425	4425	Sec. 202.056. WAIVER OF SERVICE OF CITATION ON CERTAIN
4426	4426	PERSONS NOT PERMITTED. A parent, managing conservator, guardian,
4427	4427	attorney ad litem, or guardian ad litem of a distributee who is 12
4428	4428	years of age or older, but younger than 19 years of age, may not
4429	4429	waive citation required by this subchapter to be served on the
4430	4430	distributee. (Tex. Prob. Code, Sec. 50(e).)
4431	4431	[Sections 202.057-202.100 reserved for expansion]
4432	4432	SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP
4433	4433	Sec. 202.101. REQUIRED TRANSFER OF PENDING PROCEEDING TO
4434	4434	DECLARE HEIRSHIP UNDER CERTAIN CIRCUMSTANCES. If, after a
4435	4435	proceeding to declare heirship is commenced, an administration of
4436	4436	the estate of the decedent who is the subject of the proceeding is
4437	4437	granted in this state or the decedent's will is admitted to probate
4438	4438	in this state, the court in which the proceeding to declare
4439	4439	heirship is pending shall, by an order entered of record in the
4440	4440	proceeding, transfer the proceeding to the court in which the
4441	4441	administration was granted or the will was probated. (Tex. Prob.
4442	4442	Code, Sec. 51 (part).)
4443	4443	Sec. 202.102. TRANSFER OF RECORDS. The clerk of the court
4444	4444	from which a proceeding to declare heirship is transferred under
4445	4445	Section 202.101 shall, on entry of the order under that section,
4446	4446	send to the clerk of the court named in the order a certified
4447	4447	transcript of all pleadings, docket entries, and orders of the
4448	4448	court in the proceeding. The clerk of the court to which the
4449	4449	proceeding is transferred shall:
4450	4450	(1) file the transcript;
4451	4451	(2) record the transcript in the minutes of the court;
4452	4452	and
4453	4453	(3) docket the proceeding. (Tex. Prob. Code, Sec. 51
4454	4454	(part).)
4455	4455	Sec. 202.103. PROCEDURES APPLICABLE TO TRANSFERRED
4456	4456	PROCEEDING TO DECLARE HEIRSHIP; CONSOLIDATION WITH OTHER
4457	4457	PROCEEDING. A proceeding to declare heirship that is transferred
4458	4458	under Section 202.101 shall proceed as though the proceeding was
4459	4459	originally filed in the court to which the proceeding is
4460	4460	transferred. The court may consolidate the proceeding with the
4461	4461	other proceeding pending in that court. (Tex. Prob. Code, Sec. 51
4462	4462	(part).)
4463	4463	[Sections 202.104-202.150 reserved for expansion]
4464	4464	SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
4465	4465	Sec. 202.151. WRITTEN EVIDENCE IN PROCEEDING TO DECLARE
4466	4466	HEIRSHIP. The court may require that all or any part of the
4467	4467	evidence admitted in a proceeding to declare heirship be:
4468	4468	(1) reduced to writing and subscribed and sworn to by
4469	4469	the witnesses, respectively; and
4470	4470	(2) filed in the proceeding and recorded in the
4471	4471	minutes of the court. (Tex. Prob. Code, Sec. 53(a).)
4472	4472	[Sections 202.152-202.200 reserved for expansion]
4473	4473	SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP
4474	4474	Sec. 202.201. REQUIRED STATEMENTS IN JUDGMENT. (a) The
4475	4475	judgment in a proceeding to declare heirship must state:
4476	4476	(1) the names and places of residence of the heirs of
4477	4477	the decedent who is the subject of the proceeding; and
4478	4478	(2) the heirs' respective shares and interests in the
4479	4479	decedent's property.
4480	4480	(b) If the proof in a proceeding to declare heirship is in
4481	4481	any respect deficient, the judgment in the proceeding must state
4482	4482	that. (Tex. Prob. Code, Sec. 54.)
4483	4483	Sec. 202.202. FINALITY AND APPEAL OF JUDGMENT. (a) The
4484	4484	judgment in a proceeding to declare heirship is a final judgment.
4485	4485	(b) At the request of an interested person, the judgment in
4486	4486	a proceeding to declare heirship may be appealed or reviewed within
4487	4487	the same time limits and in the same manner as other judgments in
4488	4488	probate matters. (Tex. Prob. Code, Sec. 55(a) (part).)
4489	4489	Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT
4490	4490	PROPERLY SERVED. If an heir of a decedent who is the subject of a
4491	4491	proceeding to declare heirship is not served with citation by
4492	4492	registered or certified mail or personal service in the proceeding,
4493	4493	the heir may:
4494	4494	(1) have the judgment in the proceeding corrected by
4495	4495	bill of review:
4496	4496	(A) at any time, but not later than the fourth
4497	4497	anniversary of the date of the judgment; or
4498	4498	(B) after the passage of any length of time, on
4499	4499	proof of actual fraud; and
4500	4500	(2) recover the heir's just share of the property or
4501	4501	the value of that share from:
4502	4502	(A) the heirs named in the judgment; and
4503	4503	(B) those who claim under the heirs named in the
4504	4504	judgment and who are not bona fide purchasers for value. (Tex.
4505	4505	Prob. Code, Sec. 55(a) (part).)
4506	4506	Sec. 202.204. LIMITATION OF LIABILITY OF CERTAIN PERSONS
4507	4507	ACTING IN ACCORDANCE WITH JUDGMENT. (a) The judgment in a
4508	4508	proceeding to declare heirship is conclusive in a suit between an
4509	4509	heir omitted from the judgment and a bona fide purchaser for value
4510	4510	who purchased property after entry of the judgment without actual
4511	4511	notice of the claim of the omitted heir, regardless of whether the
4512	4512	judgment is subsequently modified, set aside, or nullified.
4513	4513	(b) A person is not liable to another person for the
4514	4514	following actions performed in good faith after a judgment is
4515	4515	entered in a proceeding to declare heirship:
4516	4516	(1) delivering the property of the decedent who was
4517	4517	the subject of the proceeding to the persons named as heirs in the
4518	4518	judgment; or
4519	4519	(2) engaging in any other transaction with the persons
4520	4520	named as heirs in the judgment. (Tex. Prob. Code, Sec. 55(b).)
4521	4521	Sec. 202.205. EFFECT OF CERTAIN JUDGMENTS ON LIABILITY TO
4522	4522	CREDITORS. (a) A judgment in a proceeding to declare heirship
4523	4523	stating that there is no necessity for administration of the estate
4524	4524	of the decedent who is the subject of the proceeding constitutes
4525	4525	authorization for a person who owes money to the estate, has custody
4526	4526	of estate property, acts as registrar or transfer agent of an
4527	4527	evidence of interest, indebtedness, property, or right belonging to
4528	4528	the estate, or purchases from or otherwise deals with an heir named
4529	4529	in the judgment to take the following actions without liability to a
4530	4530	creditor of the estate or other person:
4531	4531	(1) to pay, deliver, or transfer the property or the
4532	4532	evidence of property rights to an heir named in the judgment; or
4533	4533	(2) to purchase property from an heir named in the
4534	4534	judgment.
4535	4535	(b) An heir named in a judgment in a proceeding to declare
4536	4536	heirship is entitled to enforce the heir's right to payment,
4537	4537	delivery, or transfer described by Subsection (a) by suit.
4538	4538	(c) Except as provided by this section, this chapter does
4539	4539	not affect the rights or remedies of the creditors of a decedent who
4540	4540	is the subject of a proceeding to declare heirship. (Tex. Prob.
4541	4541	Code, Sec. 55(c).)
4542	4542	Sec. 202.206. FILING AND RECORDING OF JUDGMENT. (a) A
4543	4543	certified copy of the judgment in a proceeding to declare heirship
4544	4544	may be:
4545	4545	(1) filed for record in the office of the county clerk
4546	4546	of the county in which any real property described in the judgment
4547	4547	is located;
4548	4548	(2) recorded in the deed records of that county; and
4549	4549	(3) indexed in the name of the decedent who was the
4550	4550	subject of the proceeding as grantor and in the names of the heirs
4551	4551	named in the judgment as grantees.
4552	4552	(b) On the filing of a judgment in accordance with
4553	4553	Subsection (a), the judgment constitutes constructive notice of the
4554	4554	facts stated in the judgment. (Tex. Prob. Code, Sec. 56.)
4555	4555	CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
4556	4556	Sec. 203.001. RECORDED STATEMENT OF FACTS AS PRIMA
4557	4557	FACIE EVIDENCE OF HEIRSHIP
4558	4558	Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF
4559	4559	HEIRS
4560	4560	CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
4561	4561	Sec. 203.001. RECORDED STATEMENT OF FACTS AS PRIMA FACIE
4562	4562	EVIDENCE OF HEIRSHIP. (a) A court shall receive in a proceeding to
4563	4563	declare heirship or a suit involving title to property a statement
4564	4564	of facts concerning the family history, genealogy, marital status,
4565	4565	or the identity of the heirs of a decedent as prima facie evidence
4566	4566	of the facts contained in the statement if:
4567	4567	(1) the statement is contained in:
4568	4568	(A) an affidavit or other instrument legally
4569	4569	executed and acknowledged or sworn to before, and certified by, an
4570	4570	officer authorized to take acknowledgments or oaths, as applicable;
4571	4571	or
4572	4572	(B) a judgment of a court of record; and
4573	4573	(2) the affidavit or instrument containing the
4574	4574	statement has been of record for five years or more in the deed
4575	4575	records of a county in this state in which the property is located
4576	4576	at the time the suit involving title to property is commenced, or in
4577	4577	the deed records of a county in this state in which the decedent was
4578	4578	domiciled or had a fixed place of residence at the time of the
4579	4579	decedent's death.
4580	4580	(b) If there is an error in a statement of facts in a
4581	4581	recorded affidavit or instrument described by Subsection (a),
4582	4582	anyone interested in a proceeding in which the affidavit or
4583	4583	instrument is offered in evidence may prove the true facts.
4584	4584	(c) An affidavit of facts concerning the identity of a
4585	4585	decedent's heirs as to an interest in real property that is filed in
4586	4586	a proceeding or suit described by Subsection (a) may be in the form
4587	4587	prescribed by Section 203.002.
4588	4588	(d) An affidavit of facts concerning the identity of a
4589	4589	decedent's heirs does not affect the rights of an omitted heir or
4590	4590	creditor of the decedent as otherwise provided by law. This section
4591	4591	is cumulative of all other statutes on the same subject and may not
4592	4592	be construed as abrogating any right to present evidence or rely on
4593	4593	an affidavit of facts conferred by any other statute or rule. (Tex.
4594	4594	Prob. Code, Sec. 52.)
4595	4595	Sec. 203.002. FORM OF AFFIDAVIT CONCERNING IDENTITY OF
4596	4596	HEIRS. An affidavit of facts concerning the identity of a
4597	4597	decedent's heirs may be in substantially the following form:
4598	4598	AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
4599	4599	Before me, the undersigned authority, on this day personally
4600	4600	appeared __________ ("Affiant") (insert name of affiant) who, being
4601	4601	first duly sworn, upon his/her oath states:
4602	4602	1. My name is __________ (insert name of affiant), and I live
4603	4603	at __________ (insert address of affiant's residence). I am
4604	4604	personally familiar with the family and marital history of
4605	4605	__________ ("Decedent") (insert name of decedent), and I have
4606	4606	personal knowledge of the facts stated in this affidavit.
4607	4607	2. I knew decedent from __________ (insert date) until
4608	4608	__________ (insert date). Decedent died on __________ (insert date
4609	4609	of death). Decedent's place of death was __________ (insert place
4610	4610	of death). At the time of decedent's death, decedent's residence was
4611	4611	__________ (insert address of decedent's residence).
4612	4612	3. Decedent's marital history was as follows: __________
4613	4613	(insert marital history and, if decedent's spouse is deceased,
4614	4614	insert date and place of spouse's death).
4615	4615	4. Decedent had the following children: __________ (insert
4616	4616	name, birth date, name of other parent, and current address of child
4617	4617	or date of death of child and descendants of deceased child, as
4618	4618	applicable, for each child).
4619	4619	5. Decedent did not have or adopt any other children and did
4620	4620	not take any other children into decedent's home or raise any other
4621	4621	children, except: __________ (insert name of child or names of
4622	4622	children, or state "none").
4623	4623	6. (Include if decedent was not survived by descendants.)
4624	4624	Decedent's mother was: __________ (insert name, birth date, and
4625	4625	current address or date of death of mother, as applicable).
4626	4626	7. (Include if decedent was not survived by descendants.)
4627	4627	Decedent's father was: __________ (insert name, birth date, and
4628	4628	current address or date of death of father, as applicable).
4629	4629	8. (Include if decedent was not survived by descendants or by
4630	4630	both mother and father.) Decedent had the following siblings:
4631	4631	__________ (insert name, birth date, and current address or date of
4632	4632	death of each sibling and parents of each sibling and descendants of
4633	4633	each deceased sibling, as applicable, or state "none").
4634	4634	9. (Optional.) The following persons have knowledge
4635	4635	regarding the decedent, the identity of decedent's children, if
4636	4636	any, parents, or siblings, if any: __________ (insert names of
4637	4637	persons with knowledge, or state "none").
4638	4638	10. Decedent died without leaving a written will. (Modify
4639	4639	statement if decedent left a written will.)
4640	4640	11. There has been no administration of decedent's estate.
4641	4641	(Modify statement if there has been administration of decedent's
4642	4642	estate.)
4643	4643	12. Decedent left no debts that are unpaid, except:
4644	4644	__________ (insert list of debts, or state "none").
4645	4645	13. There are no unpaid estate or inheritance taxes, except:
4646	4646	__________ (insert list of unpaid taxes, or state "none").
4647	4647	14. To the best of my knowledge, decedent owned an interest
4648	4648	in the following real property: __________ (insert list of real
4649	4649	property in which decedent owned an interest, or state "none").
4650	4650	15. (Optional.) The following were the heirs of decedent:
4651	4651	__________ (insert names of heirs).
4652	4652	16. (Insert additional information as appropriate, such as
4653	4653	size of the decedent's estate.)
4654	4654	Signed this ___ day of __________, ___.
4655	4655	_________________________________
4656	4656	(signature of affiant)
4657	4657	State of __________
4658	4658	County of __________
4659	4659	Sworn to and subscribed to before me on __________ (date) by
4660	4660	__________ (insert name of affiant).
4661	4661	_________________________________
4662	4662	(signature of notarial officer)
4663	4663	(Seal, if any, of notary) __________
4664	4664	(printed name)
4665	4665	My commission expires: __________
4666	4666	(Tex. Prob. Code, Sec. 52A.)
4667	4667	CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
4668	4668	SUBCHAPTER A. GENERAL PROVISIONS
4669	4669	Sec. 204.001. PROCEEDINGS AND RECORDS PUBLIC
4670	4670	[Sections 204.002-204.050 reserved for expansion]
4671	4671	SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
4672	4672	DECLARE HEIRSHIP
4673	4673	Sec. 204.051. ORDER FOR GENETIC TESTING
4674	4674	Sec. 204.052. ADVANCEMENT OF COSTS
4675	4675	Sec. 204.053. ORDER AND ADVANCEMENT OF COSTS FOR
4676	4676	SUBSEQUENT GENETIC TESTING
4677	4677	Sec. 204.054. SUBMISSION OF GENETIC MATERIAL BY OTHER
4678	4678	RELATIVE UNDER CERTAIN CIRCUMSTANCES
4679	4679	Sec. 204.055. GENETIC TESTING OF DECEASED INDIVIDUAL
4680	4680	Sec. 204.056. CRIMINAL PENALTY
4681	4681	[Sections 204.057-204.100 reserved for expansion]
4682	4682	SUBCHAPTER C. RESULTS OF GENETIC TESTING
4683	4683	Sec. 204.101. RESULTS OF GENETIC TESTING;
4684	4684	ADMISSIBILITY
4685	4685	Sec. 204.102. PRESUMPTION REGARDING RESULTS OF GENETIC
4686	4686	TESTING; REBUTTAL
4687	4687	Sec. 204.103. CONTESTING RESULTS OF GENETIC TESTING
4688	4688	[Sections 204.104-204.150 reserved for expansion]
4689	4689	SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN PROCEEDINGS TO DECLARE HEIRSHIP
4690	4690	PROCEEDINGS TO DECLARE HEIRSHIP
4691	4691	Sec. 204.151. APPLICABILITY OF SUBCHAPTER
4692	4692	Sec. 204.152. REQUIRED FINDINGS IN ABSENCE OF REBUTTAL
4693	4693	EVIDENCE
4694	4694	Sec. 204.153. EFFECT OF INCONCLUSIVE RESULTS OF
4695	4695	GENETIC TESTING
4696	4696	[Sections 204.154-204.200 reserved for expansion]
4697	4697	SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC TESTING
4698	4698	TESTING
4699	4699	Sec. 204.201. ORDER FOR CHANGE OF NAME
4700	4700	CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
4701	4701	SUBCHAPTER A. GENERAL PROVISIONS
4702	4702	Sec. 204.001. PROCEEDINGS AND RECORDS PUBLIC. A proceeding
4703	4703	under this chapter or Chapter 202 involving genetic testing is open
4704	4704	to the public as in other civil cases. Papers and records in the
4705	4705	proceeding are available for public inspection. (Tex. Prob. Code,
4706	4706	Sec. 53E.)
4707	4707	[Sections 204.002-204.050 reserved for expansion]
4708	4708	SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO
4709	4709	DECLARE HEIRSHIP
4710	4710	Sec. 204.051. ORDER FOR GENETIC TESTING. (a) In a
4711	4711	proceeding to declare heirship under Chapter 202, the court may, on
4712	4712	the court's own motion, and shall, on the request of a party to the
4713	4713	proceeding, order one or more specified individuals to submit to
4714	4714	genetic testing as provided by Subchapter F, Chapter 160, Family
4715	4715	Code. If two or more individuals are ordered to be tested, the
4716	4716	court may order that the testing of those individuals be done
4717	4717	concurrently or sequentially.
4718	4718	(b) The court may enforce an order under this section by
4719	4719	contempt. (Tex. Prob. Code, Sec. 53A(a).)
4720	4720	Sec. 204.052. ADVANCEMENT OF COSTS. Subject to any
4721	4721	assessment of costs following a proceeding to declare heirship in
4722	4722	accordance with Rule 131, Texas Rules of Civil Procedure, the cost
4723	4723	of genetic testing ordered under Section 204.051 must be advanced:
4724	4724	(1) by a party to the proceeding who requests the
4725	4725	testing;
4726	4726	(2) as agreed by the parties and approved by the court;
4727	4727	or
4728	4728	(3) as ordered by the court. (Tex. Prob. Code, Sec.
4729	4729	53A(b).)
4730	4730	Sec. 204.053. ORDER AND ADVANCEMENT OF COSTS FOR SUBSEQUENT
4731	4731	GENETIC TESTING. (a) Subject to Subsection (b), the court shall
4732	4732	order genetic testing subsequent to the testing conducted under
4733	4733	Section 204.051 if:
4734	4734	(1) a party to the proceeding to declare heirship
4735	4735	contests the results of the genetic testing ordered under Section
4736	4736	204.051; and
4737	4737	(2) the party contesting the results requests that
4738	4738	additional testing be conducted.
4739	4739	(b) If the results of the genetic testing ordered under
4740	4740	Section 204.051 identify a tested individual as an heir of the
4741	4741	decedent, the court may order additional genetic testing in
4742	4742	accordance with Subsection (a) only if the party contesting those
4743	4743	results pays for the additional testing in advance. (Tex. Prob.
4744	4744	Code, Secs. 53A(c), (d).)
4745	4745	Sec. 204.054. SUBMISSION OF GENETIC MATERIAL BY OTHER
4746	4746	RELATIVE UNDER CERTAIN CIRCUMSTANCES. If a sample of an
4747	4747	individual's genetic material that could identify another
4748	4748	individual as the decedent's heir is not available for purposes of
4749	4749	conducting genetic testing under this subchapter, the court, on a
4750	4750	finding of good cause and that the need for genetic testing
4751	4751	outweighs the legitimate interests of the individual to be tested,
4752	4752	may order any of the following individuals to submit a sample of
4753	4753	genetic material for the testing under circumstances the court
4754	4754	considers just:
4755	4755	(1) a parent, sibling, or child of the individual
4756	4756	whose genetic material is not available; or
4757	4757	(2) any other relative of that individual, as
4758	4758	necessary to conduct the testing. (Tex. Prob. Code, Sec. 53A(e).)
4759	4759	Sec. 204.055. GENETIC TESTING OF DECEASED INDIVIDUAL. On
4760	4760	good cause shown, the court may order:
4761	4761	(1) genetic testing of a deceased individual under
4762	4762	this subchapter; and
4763	4763	(2) if necessary, removal of the remains of the
4764	4764	deceased individual as provided by Section 711.004, Health and
4765	4765	Safety Code, for that testing. (Tex. Prob. Code, Sec. 53A(f).)
4766	4766	Sec. 204.056. CRIMINAL PENALTY. (a) An individual commits
4767	4767	an offense if:
4768	4768	(1) the individual intentionally releases an
4769	4769	identifiable sample of the genetic material of another individual
4770	4770	that was provided for purposes of genetic testing ordered under
4771	4771	this subchapter; and
4772	4772	(2) the release:
4773	4773	(A) is for a purpose not related to the
4774	4774	proceeding to declare heirship; and
4775	4775	(B) was not ordered by the court or done in
4776	4776	accordance with written permission obtained from the individual who
4777	4777	provided the sample.
4778	4778	(b) An offense under this section is a Class A misdemeanor.
4779	4779	(Tex. Prob. Code, Sec. 53A(g).)
4780	4780	[Sections 204.057-204.100 reserved for expansion]
4781	4781	SUBCHAPTER C. RESULTS OF GENETIC TESTING
4782	4782	Sec. 204.101. RESULTS OF GENETIC TESTING; ADMISSIBILITY. A
4783	4783	report of the results of genetic testing ordered under Subchapter
4784	4784	B:
4785	4785	(1) must comply with the requirements for a report
4786	4786	prescribed by Section 160.504, Family Code; and
4787	4787	(2) is admissible in a proceeding to declare heirship
4788	4788	under Chapter 202 as evidence of the truth of the facts asserted in
4789	4789	the report. (Tex. Prob. Code, Sec. 53B(a).)
4790	4790	Sec. 204.102. PRESUMPTION REGARDING RESULTS OF GENETIC
4791	4791	TESTING; REBUTTAL. The presumption under Section 160.505, Family
4792	4792	Code:
4793	4793	(1) applies to the results of genetic testing ordered
4794	4794	under Subchapter B; and
4795	4795	(2) may be rebutted as provided by Section 160.505,
4796	4796	Family Code. (Tex. Prob. Code, Sec. 53B(b).)
4797	4797	Sec. 204.103. CONTESTING RESULTS OF GENETIC TESTING. (a) A
4798	4798	party to a proceeding to declare heirship who contests the results
4799	4799	of genetic testing may call one or more genetic testing experts to
4800	4800	testify in person or by telephone, videoconference, deposition, or
4801	4801	another method approved by the court.
4802	4802	(b) Unless otherwise ordered by the court, the party
4803	4803	offering the testimony under Subsection (a) bears the expense for
4804	4804	the expert testifying. (Tex. Prob. Code, Sec. 53B(c).)
4805	4805	[Sections 204.104-204.150 reserved for expansion]
4806	4806	SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN
4807	4807	PROCEEDINGS TO DECLARE HEIRSHIP
4808	4808	Sec. 204.151. APPLICABILITY OF SUBCHAPTER. This subchapter
4809	4809	applies in a proceeding to declare heirship of a decedent only with
4810	4810	respect to an individual who:
4811	4811	(1) petitions the court for a determination of right
4812	4812	of inheritance as authorized by Section 201.052(c); and
4813	4813	(2) claims:
4814	4814	(A) to be a biological child of the decedent, but
4815	4815	with respect to whom a parent-child relationship with the decedent
4816	4816	was not established as provided by Section 160.201, Family Code; or
4817	4817	(B) to inherit through a biological child of the
4818	4818	decedent, if a parent-child relationship between the individual
4819	4819	through whom the inheritance is claimed and the decedent was not
4820	4820	established as provided by Section 160.201, Family Code. (Tex.
4821	4821	Prob. Code, Sec. 53C(a).)
4822	4822	Sec. 204.152. REQUIRED FINDINGS IN ABSENCE OF REBUTTAL
4823	4823	EVIDENCE. Unless the results of genetic testing of another
4824	4824	individual who is an heir of the decedent who is the subject of a
4825	4825	proceeding to declare heirship to which this subchapter applies are
4826	4826	admitted as rebuttal evidence, the court shall find that the
4827	4827	individual described by Section 204.151:
4828	4828	(1) is an heir of the decedent, if the results of
4829	4829	genetic testing ordered under Subchapter B identify a tested
4830	4830	individual who is an heir of the decedent as the ancestor of the
4831	4831	individual described by Section 204.151; or
4832	4832	(2) is not an heir of the decedent, if the results of
4833	4833	genetic testing ordered under Subchapter B exclude a tested
4834	4834	individual who is an heir of the decedent as the ancestor of the
4835	4835	individual described by Section 204.151. (Tex. Prob. Code, Secs.
4836	4836	53C(b), (c).)
4837	4837	Sec. 204.153. EFFECT OF INCONCLUSIVE RESULTS OF GENETIC
4838	4838	TESTING. If the results of genetic testing ordered under
4839	4839	Subchapter B do not identify or exclude a tested individual as the
4840	4840	ancestor of the individual described by Section 204.151:
4841	4841	(1) the court may not dismiss the proceeding to
4842	4842	declare heirship; and
4843	4843	(2) the results of the genetic testing and other
4844	4844	relevant evidence are admissible in the proceeding. (Tex. Prob.
4845	4845	Code, Sec. 53C(d).)
4846	4846	[Sections 204.154-204.200 reserved for expansion]
4847	4847	SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC
4848	4848	TESTING
4849	4849	Sec. 204.201. ORDER FOR CHANGE OF NAME. On the request of
4850	4850	an individual determined by the results of genetic testing to be the
4851	4851	heir of a decedent and for good cause shown, the court may:
4852	4852	(1) order the name of the individual to be changed; and
4853	4853	(2) if the court orders a name change under
4854	4854	Subdivision (1), order the bureau of vital statistics to issue an
4855	4855	amended birth record for the individual. (Tex. Prob. Code, Sec.
4856	4856	53D.)
4857	4857	CHAPTER 205. SMALL ESTATE AFFIDAVIT
4858	4858	Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT
4859	4859	APPOINTMENT OF PERSONAL REPRESENTATIVE
4860	4860	Sec. 205.002. AFFIDAVIT REQUIREMENTS
4861	4861	Sec. 205.003. EXAMINATION AND APPROVAL OF AFFIDAVIT
4862	4862	Sec. 205.004. COPY OF AFFIDAVIT TO CERTAIN PERSONS
4863	4863	Sec. 205.005. AFFIDAVIT AS LOCAL GOVERNMENT RECORD
4864	4864	Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER
4865	4865	AFFIDAVIT
4866	4866	Sec. 205.007. LIABILITY OF CERTAIN PERSONS
4867	4867	Sec. 205.008. EFFECT OF CHAPTER
4868	4868	CHAPTER 205. SMALL ESTATE AFFIDAVIT
4869	4869	Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF
4870	4870	PERSONAL REPRESENTATIVE. The distributees of the estate of a
4871	4871	decedent who dies intestate are entitled to the decedent's estate
4872	4872	without waiting for the appointment of a personal representative of
4873	4873	the estate to the extent the estate assets, excluding homestead and
4874	4874	exempt property, exceed the known liabilities of the estate,
4875	4875	excluding any liabilities secured by homestead and exempt property,
4876	4876	if:
4877	4877	(1) 30 days have elapsed since the date of the
4878	4878	decedent's death;
4879	4879	(2) no petition for the appointment of a personal
4880	4880	representative is pending or has been granted;
4881	4881	(3) the value of the estate assets, excluding
4882	4882	homestead and exempt property, does not exceed $50,000;
4883	4883	(4) an affidavit that meets the requirements of
4884	4884	Section 205.002 is filed with the clerk of the court that has
4885	4885	jurisdiction and venue of the estate;
4886	4886	(5) the judge approves the affidavit as provided by
4887	4887	Section 205.003; and
4888	4888	(6) the distributees comply with Section 205.004.
4889	4889	(Tex. Prob. Code, Sec. 137(a) (part).)
4890	4890	Sec. 205.002. AFFIDAVIT REQUIREMENTS. An affidavit filed
4891	4891	under Section 205.001 must:
4892	4892	(1) be sworn to by:
4893	4893	(A) two disinterested witnesses;
4894	4894	(B) each distributee of the estate who has legal
4895	4895	capacity; and
4896	4896	(C) if warranted by the facts, the natural
4897	4897	guardian or next of kin of any minor distributee or the guardian of
4898	4898	any other incapacitated distributee;
4899	4899	(2) show the existence of the conditions prescribed by
4900	4900	Sections 205.001(1), (2), and (3); and
4901	4901	(3) include:
4902	4902	(A) a list of all known estate assets and
4903	4903	liabilities;
4904	4904	(B) the name and address of each distributee; and
4905	4905	(C) the relevant family history facts concerning
4906	4906	heirship that show each distributee's right to receive estate money
4907	4907	or other property or to have any evidence of money, property, or
4908	4908	other right of the estate as is determined to exist transferred to
4909	4909	the distributee as an heir or assignee. (Tex. Prob. Code, Sec.
4910	4910	137(a) (part).)
4911	4911	Sec. 205.003. EXAMINATION AND APPROVAL OF AFFIDAVIT. The
4912	4912	judge shall examine an affidavit filed under Section 205.001. The
4913	4913	judge may approve the affidavit if the judge determines that the
4914	4914	affidavit conforms to the requirements of this chapter. (Tex.
4915	4915	Prob. Code, Sec. 137(a) (part).)
4916	4916	Sec. 205.004. COPY OF AFFIDAVIT TO CERTAIN PERSONS. The
4917	4917	distributees of the estate shall provide a copy of the affidavit
4918	4918	under this chapter, certified by the court clerk, to each person
4919	4919	who:
4920	4920	(1) owes money to the estate;
4921	4921	(2) has custody or possession of estate property; or
4922	4922	(3) acts as a registrar, fiduciary, or transfer agent
4923	4923	of or for an evidence of interest, indebtedness, property, or other
4924	4924	right belonging to the estate. (Tex. Prob. Code, Sec. 137(a)
4925	4925	(part).)
4926	4926	Sec. 205.005. AFFIDAVIT AS LOCAL GOVERNMENT RECORD. (a) If
4927	4927	the judge approves an affidavit under Section 205.003, the
4928	4928	affidavit shall be maintained as a local government record under
4929	4929	Subtitle C, Title 6, Local Government Code.
4930	4930	(b) If the county does not maintain local government records
4931	4931	in a manner authorized under Subtitle C, Title 6, Local Government
4932	4932	Code, the county clerk shall provide and keep in the clerk's office
4933	4933	an appropriate book labeled "Small Estates" in which the clerk
4934	4934	shall, on payment of the legal recording fee, record each affidavit
4935	4935	filed under this chapter. The small estates book must contain an
4936	4936	accurate index that shows the decedent's name and references to any
4937	4937	land involved. (Tex. Prob. Code, Sec. 137(d).)
4938	4938	Sec. 205.006. TITLE TO HOMESTEAD TRANSFERRED UNDER
4939	4939	AFFIDAVIT. (a) If a decedent's homestead is the only real property
4940	4940	in the decedent's estate, title to the homestead may be transferred
4941	4941	under an affidavit that meets the requirements of this chapter. The
4942	4942	affidavit used to transfer title to the homestead must be recorded
4943	4943	in the deed records of a county in which the homestead is located.
4944	4944	(b) A bona fide purchaser for value may rely on an affidavit
4945	4945	recorded under this section. A bona fide purchaser for value
4946	4946	without actual or constructive notice of an heir who is not
4947	4947	disclosed in the recorded affidavit acquires title to a homestead
4948	4948	free of the interests of the undisclosed heir, but remains subject
4949	4949	to any claim a creditor of the decedent has by law. A purchaser has
4950	4950	constructive notice of an heir who is not disclosed in the recorded
4951	4951	affidavit if an affidavit, judgment of heirship, or title
4952	4952	transaction in the chain of title in the deed records identifies
4953	4953	that heir as the decedent's heir.
4954	4954	(c) An heir who is not disclosed in an affidavit recorded
4955	4955	under this section may recover from an heir who receives
4956	4956	consideration from a purchaser in a transfer for value of title to a
4957	4957	homestead passing under the affidavit. (Tex. Prob. Code, Sec.
4958	4958	137(c).)
4959	4959	Sec. 205.007. LIABILITY OF CERTAIN PERSONS. (a) A person
4960	4960	making a payment, delivery, transfer, or issuance under an
4961	4961	affidavit described by this chapter is released to the same extent
4962	4962	as if made to a personal representative of the decedent. The person
4963	4963	may not be required to:
4964	4964	(1) see to the application of the affidavit; or
4965	4965	(2) inquire into the truth of any statement in the
4966	4966	affidavit.
4967	4967	(b) The distributees to whom payment, delivery, transfer,
4968	4968	or issuance is made are:
4969	4969	(1) answerable for the payment, delivery, transfer, or
4970	4970	issuance to any person having a prior right; and
4971	4971	(2) accountable to any personal representative
4972	4972	appointed after the payment, delivery, transfer, or issuance.
4973	4973	(c) Each person who executed the affidavit is liable for any
4974	4974	damage or loss to any person that arises from a payment, delivery,
4975	4975	transfer, or issuance made in reliance on the affidavit.
4976	4976	(d) If a person to whom the affidavit is delivered refuses
4977	4977	to pay, deliver, transfer, or issue property as provided by this
4978	4978	section, the property may be recovered in an action brought for that
4979	4979	purpose by or on behalf of the distributees entitled to the property
4980	4980	on proof of the facts required to be stated in the affidavit. (Tex.
4981	4981	Prob. Code, Sec. 138.)
4982	4982	Sec. 205.008. EFFECT OF CHAPTER. (a) This chapter does not
4983	4983	affect the disposition of property under a will or other
4984	4984	testamentary document.
4985	4985	(b) Except as provided by Section 205.006, this chapter does
4986	4986	not transfer title to real property. (Tex. Prob. Code, Sec.
4987	4987	137(b).)
4988	4988	[Chapters 206-250 reserved for expansion]
4989	4989	SUBTITLE F. WILLS
4990	4990	CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO WILLS
4991	4991	WILLS
4992	4992	SUBCHAPTER A. WILL FORMATION
4993	4993	Sec. 251.001. WHO MAY EXECUTE WILL
4994	4994	Sec. 251.002. INTERESTS THAT MAY PASS BY WILL;
4995	4995	DISINHERITANCE
4996	4996	[Sections 251.003-251.050 reserved for expansion]
4997	4997	SUBCHAPTER B. WILL REQUIREMENTS
4998	4998	Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED
4999	4999	Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS
5000	5000	[Sections 251.053-251.100 reserved for expansion]
5001	5001	SUBCHAPTER C. SELF-PROVED WILLS
5002	5002	Sec. 251.101. SELF-PROVED WILL
5003	5003	Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED
5004	5004	WILL
5005	5005	Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS
5006	5006	SELF-PROVED
5007	5007	Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT
5008	5008	Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING
5009	5009	AFFIDAVIT
5010	5010	Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF
5011	5011	SELF-PROVED WILL
5012	5012	Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL
5013	5013	CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO
5014	5014	WILLS
5015	5015	SUBCHAPTER A. WILL FORMATION
5016	5016	Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and
5017	5017	limitations prescribed by law, a person of sound mind has the right
5018	5018	and power to make a last will and testament if, at the time the will
5019	5019	is made, the person:
5020	5020	(1) is 18 years of age or older;
5021	5021	(2) is or has been married; or
5022	5022	(3) is a member of the armed forces of the United
5023	5023	States, an auxiliary of the armed forces of the United States, or
5024	5024	the United States Maritime Service. (Tex. Prob. Code, Sec. 57.)
5025	5025	Sec. 251.002. INTERESTS THAT MAY PASS BY WILL;
5026	5026	DISINHERITANCE. (a) Subject to limitations prescribed by law, a
5027	5027	person competent to make a last will and testament may devise under
5028	5028	the will and testament all the estate, right, title, and interest in
5029	5029	property the person has at the time of the person's death.
5030	5030	(b) A person who makes a last will and testament may:
5031	5031	(1) disinherit an heir; and
5032	5032	(2) direct the disposition of property or an interest
5033	5033	passing under the will or by intestacy. (Tex. Prob. Code, Secs.
5034	5034	58(a), (b).)
5035	5035	[Sections 251.003-251.050 reserved for expansion]
5036	5036	SUBCHAPTER B. WILL REQUIREMENTS
5037	5037	Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as
5038	5038	otherwise provided by law, a last will and testament must be:
5039	5039	(1) in writing;
5040	5040	(2) signed by:
5041	5041	(A) the testator in person; or
5042	5042	(B) another person on behalf of the testator:
5043	5043	(i) in the testator's presence; and
5044	5044	(ii) under the testator's direction; and
5045	5045	(3) attested by two or more credible witnesses who are
5046	5046	at least 14 years of age and who subscribe their names to the will in
5047	5047	their own handwriting in the testator's presence. (Tex. Prob.
5048	5048	Code, Sec. 59(a) (part).)
5049	5049	Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS.
5050	5050	Notwithstanding Section 251.051, a will written wholly in the
5051	5051	testator's handwriting is not required to be attested by
5052	5052	subscribing witnesses. (Tex. Prob. Code, Secs. 59(a) (part), 60
5053	5053	(part).)
5054	5054	[Sections 251.053-251.100 reserved for expansion]
5055	5055	SUBCHAPTER C. SELF-PROVED WILLS
5056	5056	Sec. 251.101. SELF-PROVED WILL. A will to which a
5057	5057	self-proving affidavit subscribed and sworn to by the testator and
5058	5058	witnesses is attached or annexed is a self-proved will. (Tex. Prob.
5059	5059	Code, Sec. 59(b) (part).)
5060	5060	Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED WILL.
5061	5061	(a) A self-proved will may be admitted to probate without the
5062	5062	testimony of any subscribing witnesses if the testator and
5063	5063	witnesses execute a self-proving affidavit.
5064	5064	(b) A self-proved will may not otherwise be treated
5065	5065	differently than a will that is not self-proved. (Tex. Prob. Code,
5066	5066	Secs. 59(a) (part), (c) (part).)
5067	5067	Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED.
5068	5068	A will or testament that meets the requirements of Section 251.051
5069	5069	may be made self-proved at:
5070	5070	(1) the time of the execution of the will or testament;
5071	5071	or
5072	5072	(2) a later date during the lifetime of the testator
5073	5073	and the witnesses. (Tex. Prob. Code, Sec. 59(a) (part).)
5074	5074	Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT. (a)
5075	5075	An affidavit that is in form and content substantially as provided
5076	5076	by Subsection (e) is a self-proving affidavit.
5077	5077	(b) A self-proving affidavit must be made by the testator
5078	5078	and by the attesting witnesses before an officer authorized to
5079	5079	administer oaths under the laws of this state. The officer shall
5080	5080	affix the officer's official seal to the self-proving affidavit.
5081	5081	(c) The self-proving affidavit shall be attached or annexed
5082	5082	to the will or testament.
5083	5083	(d) An affidavit that is in substantial compliance with the
5084	5084	form of the affidavit provided by Subsection (e), that is
5085	5085	subscribed and acknowledged by the testator, and that is
5086	5086	subscribed and sworn to by the attesting witnesses is sufficient to
5087	5087	self-prove the will. No other affidavit or certificate of a
5088	5088	testator is required to self-prove a will or testament other than
5089	5089	the affidavit provided by Subsection (e).
5090	5090	(e) The form and content of the self-proving affidavit must
5091	5091	be substantially as follows:
5092	5092	THE STATE OF TEXAS
5093	5093	COUNTY OF ________________
5094	5094	Before me, the undersigned authority, on this day personally
5095	5095	appeared _______________, _______________, and _______________,
5096	5096	known to me to be the testator and the witnesses, respectively,
5097	5097	whose names are subscribed to the annexed or foregoing instrument
5098	5098	in their respective capacities, and, all of said persons being by me
5099	5099	duly sworn, the said _______________, testator, declared to me and
5100	5100	to the said witnesses in my presence that said instrument is
5101	5101	[his/her] last will and testament, and that [he/she] had willingly
5102	5102	made and executed it as [his/her] free act and deed; and the said
5103	5103	witnesses, each on [his/her] oath stated to me, in the presence and
5104	5104	hearing of the said testator, that the said testator had declared to
5105	5105	them that said instrument is [his/her] last will and testament, and
5106	5106	that [he/she] executed same as such and wanted each of them to sign
5107	5107	it as a witness; and upon their oaths each witness stated further
5108	5108	that they did sign the same as witnesses in the presence of the said
5109	5109	testator and at [his/her] request; that [he/she] was at that time
5110	5110	eighteen years of age or over (or being under such age, was or had
5111	5111	been lawfully married, or was then a member of the armed forces of
5112	5112	the United States, or an auxiliary of the armed forces of the United
5113	5113	States, or the United States Maritime Service) and was of sound
5114	5114	mind; and that each of said witnesses was then at least fourteen
5115	5115	years of age.
5116	5116	_______________
5117	5117	Testator
5118	5118	_______________
5119	5119	Witness
5120	5120	_______________
5121	5121	Witness
5122	5122	Subscribed and sworn to before me by the said ____________,
5123	5123	testator, and by the said ________________ and _______________,
5124	5124	witnesses, this ______ day of ________________ A.D.
5125	5125	________________.
5126	5126	(SEAL)
5127	5127	(Signed) ______________________________
5128	5128	(Official Capacity of Officer)
5129	5129	(Tex. Prob. Code, Secs. 59(a) (part), (b) (part).)
5130	5130	Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING
5131	5131	AFFIDAVIT. A signature on a self-proving affidavit is considered a
5132	5132	signature to the will if necessary to prove that the will was signed
5133	5133	by the testator or witnesses or both, except that, in that case, the
5134	5134	will may not be considered a self-proved will. (Tex. Prob. Code,
5135	5135	Sec. 59(b) (part).)
5136	5136	Sec. 251.106. CONTEST, REVOCATION, OR AMENDMENT OF
5137	5137	SELF-PROVED WILL. A self-proved will may be contested, revoked, or
5138	5138	amended by a codicil in the same manner as a will that is not
5139	5139	self-proved. (Tex. Prob. Code, Sec. 59(c) (part).)
5140	5140	Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL.
5141	5141	Notwithstanding any other provision of this subchapter, a will
5142	5142	written wholly in the testator's handwriting may be made
5143	5143	self-proved at any time during the testator's lifetime by the
5144	5144	attachment or annexation to the will of an affidavit by the testator
5145	5145	to the effect that:
5146	5146	(1) the instrument is the testator's last will;
5147	5147	(2) the testator was 18 years of age or older at the
5148	5148	time the will was executed or, if the testator was younger than 18
5149	5149	years of age, that the testator:
5150	5150	(A) was or had been married; or
5151	5151	(B) was a member of the armed forces of the United
5152	5152	States, an auxiliary of the armed forces of the United States, or
5153	5153	the United States Maritime Service at the time the will was
5154	5154	executed;
5155	5155	(3) the testator was of sound mind; and
5156	5156	(4) the testator has not revoked the will. (Tex. Prob.
5157	5157	Code, Sec. 60 (part).)
5158	5158	CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
5159	5159	SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK
5160	5160	Sec. 252.001. WILL DEPOSIT; CERTIFICATE
5161	5161	Sec. 252.002. SEALED WRAPPER REQUIRED
5162	5162	Sec. 252.003. NUMBERING OF FILED WILLS AND
5163	5163	CORRESPONDING CERTIFICATES
5164	5164	Sec. 252.004. INDEX
5165	5165	[Sections 252.005-252.050 reserved for expansion]
5166	5166	SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR
5167	5167	Sec. 252.051. WILL DELIVERY
5168	5168	Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT;
5169	5169	EXCEPTION
5170	5170	[Sections 252.053-252.100 reserved for expansion]
5171	5171	SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR
5172	5172	Sec. 252.101. NOTIFICATION BY COUNTY CLERK
5173	5173	Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH
5174	5174	Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK
5175	5175	Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR
5176	5176	Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES
5177	5177	[Sections 252.106-252.150 reserved for expansion]
5178	5178	SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT
5179	5179	Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE
5180	5180	Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO
5181	5181	LATER WILL
5182	5182	Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE
5183	5183	[Sections 252.154-252.200 reserved for expansion]
5184	5184	SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS
5185	5185	Sec. 252.201. WILL DELIVERY
5186	5186	Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE
5187	5187	PAPERS
5188	5188	Sec. 252.203. ARREST; CONFINEMENT
5189	5189	Sec. 252.204. DAMAGES
5190	5190	CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
5191	5191	SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK
5192	5192	Sec. 252.001. WILL DEPOSIT; CERTIFICATE. (a) A testator,
5193	5193	or another person for the testator, may deposit the testator's will
5194	5194	with the county clerk of the county of the testator's residence.
5195	5195	Before accepting the will for deposit, the clerk may require proof
5196	5196	satisfactory to the clerk concerning the testator's identity and
5197	5197	residence.
5198	5198	(b) The county clerk shall receive and keep the will on the
5199	5199	payment of a $5 fee.
5200	5200	(c) On the deposit of the will, the county clerk shall issue
5201	5201	a certificate of deposit for the will. (Tex. Prob. Code, Sec. 71(a)
5202	5202	(part).)
5203	5203	Sec. 252.002. SEALED WRAPPER REQUIRED. (a) A will intended
5204	5204	to be deposited with a county clerk shall be enclosed in a sealed
5205	5205	wrapper.
5206	5206	(b) The wrapper must be endorsed with:
5207	5207	(1) "Will of," followed by the name, address, and
5208	5208	signature of the testator; and
5209	5209	(2) the name and current address of each person who is
5210	5210	to be notified of the deposit of the will after the testator's
5211	5211	death. (Tex. Prob. Code, Sec. 71(b).)
5212	5212	Sec. 252.003. NUMBERING OF FILED WILLS AND CORRESPONDING
5213	5213	CERTIFICATES. (a) A county clerk shall number wills deposited with
5214	5214	the clerk in consecutive order.
5215	5215	(b) A certificate of deposit issued under Section
5216	5216	252.001(c) on receipt of a will must bear the same number as the
5217	5217	will for which the certificate is issued. (Tex. Prob. Code, Sec.
5218	5218	71(a) (part).)
5219	5219	Sec. 252.004. INDEX. A county clerk shall keep an index of
5220	5220	all wills deposited with the clerk under Section 252.001. (Tex.
5221	5221	Prob. Code, Sec. 71(c).)
5222	5222	[Sections 252.005-252.050 reserved for expansion]
5223	5223	SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR
5224	5224	Sec. 252.051. WILL DELIVERY. During the lifetime of the
5225	5225	testator, a will deposited with a county clerk under Subchapter A
5226	5226	may be delivered only to:
5227	5227	(1) the testator; or
5228	5228	(2) another person authorized by the testator by a
5229	5229	sworn written order. (Tex. Prob. Code, Sec. 71(d) (part).)
5230	5230	Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT;
5231	5231	EXCEPTION. (a) Except as provided by Subsection (b), on delivery
5232	5232	of a will to the testator or a person authorized by the testator
5233	5233	under Section 252.051, the certificate of deposit issued for the
5234	5234	will must be surrendered by the person to whom delivery of the will
5235	5235	is made.
5236	5236	(b) A county clerk may instead accept and file an affidavit
5237	5237	by the testator stating that the certificate of deposit issued for
5238	5238	the will has been lost, stolen, or destroyed. (Tex. Prob. Code,
5239	5239	Sec. 71(d) (part).)
5240	5240	[Sections 252.053-252.100 reserved for expansion]
5241	5241	SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR
5242	5242	Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk
5243	5243	shall notify, by registered mail, return receipt requested, each
5244	5244	person named on the endorsement of the will wrapper that the will is
5245	5245	on deposit in the clerk's office if:
5246	5246	(1) an affidavit is submitted to the clerk stating
5247	5247	that the testator has died; or
5248	5248	(2) the clerk receives other notice or proof of the
5249	5249	testator's death sufficient to convince the clerk that the testator
5250	5250	has died. (Tex. Prob. Code, Sec. 71(e) (part).)
5251	5251	Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH. On the
5252	5252	request of one or more persons notified under Section 252.101, the
5253	5253	county clerk shall deliver the will that is the subject of the
5254	5254	notice to the person or persons. The clerk shall obtain a receipt
5255	5255	for delivery of the will. (Tex. Prob. Code, Sec. 71(e) (part).)
5256	5256	Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK. A county
5257	5257	clerk shall open a will wrapper and inspect the will if:
5258	5258	(1) the notice required by Section 252.101 is returned
5259	5259	as undelivered; or
5260	5260	(2) the clerk has accepted for deposit a will that does
5261	5261	not specify on the will wrapper the person to whom the will is to be
5262	5262	delivered on the testator's death. (Tex. Prob. Code, Sec. 71(e)
5263	5263	(part).)
5264	5264	Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a
5265	5265	county clerk inspects a will under Section 252.103 and the will
5266	5266	names an executor, the clerk shall:
5267	5267	(1) notify the person named as executor, by registered
5268	5268	mail, return receipt requested, that the will is on deposit with the
5269	5269	clerk; and
5270	5270	(2) deliver, on request, the will to the person named
5271	5271	as executor. (Tex. Prob. Code, Sec. 71(e) (part).)
5272	5272	Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES. (a)
5273	5273	If a county clerk inspects a will under Section 252.103, the clerk
5274	5274	shall notify by registered mail, return receipt requested, the
5275	5275	devisees named in the will that the will is on deposit with the
5276	5276	clerk if:
5277	5277	(1) the will does not name an executor;
5278	5278	(2) the person named as executor in the will:
5279	5279	(A) has died; or
5280	5280	(B) fails to take the will before the 31st day
5281	5281	after the date the notice required by Section 252.104 is mailed to
5282	5282	the person; or
5283	5283	(3) the notice mailed to the person named as executor
5284	5284	is returned as undelivered.
5285	5285	(b) On request, the county clerk shall deliver the will to
5286	5286	any or all of the devisees notified under Subsection (a). (Tex.
5287	5287	Prob. Code, Sec. 71(e) (part).)
5288	5288	[Sections 252.106-252.150 reserved for expansion]
5289	5289	SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT
5290	5290	Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE. The
5291	5291	provisions of Subchapter A providing for the deposit of a will with
5292	5292	a county clerk during the lifetime of a testator are solely for the
5293	5293	purpose of providing a safe and convenient repository for a will.
5294	5294	For purposes of probate, a will deposited as provided by Subchapter
5295	5295	A may not be treated differently than a will that has not been
5296	5296	deposited. (Tex. Prob. Code, Sec. 71(f) (part).)
5297	5297	Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO LATER
5298	5298	WILL. A will that is not deposited as provided by Subchapter A
5299	5299	shall be admitted to probate on proof that the will is the last will
5300	5300	and testament of the testator, notwithstanding the fact that the
5301	5301	testator has a prior will that has been deposited in accordance with
5302	5302	Subchapter A. (Tex. Prob. Code, Sec. 71(f) (part).)
5303	5303	Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE. The
5304	5304	deposit of a will as provided by Subchapter A does not constitute
5305	5305	notice, constructive or otherwise, to any person as to the
5306	5306	existence or the contents of the will. (Tex. Prob. Code, Sec.
5307	5307	71(g).)
5308	5308	[Sections 252.154-252.200 reserved for expansion]
5309	5309	SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS
5310	5310	Sec. 252.201. WILL DELIVERY. On receiving notice of a
5311	5311	testator's death, the person who has custody of the testator's will
5312	5312	shall deliver the will to the clerk of the court that has
5313	5313	jurisdiction of the testator's estate. (Tex. Prob. Code, Sec. 75
5314	5314	(part).)
5315	5315	Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE
5316	5316	PAPERS. On a sworn written complaint that a person has custody of
5317	5317	the last will of a testator or any papers belonging to the estate of
5318	5318	a testator or intestate, the judge of the court that has
5319	5319	jurisdiction of the estate shall have the person cited by personal
5320	5320	service to appear and show cause why the person should not deliver:
5321	5321	(1) the will to the court for probate; or
5322	5322	(2) the papers to the executor or administrator.
5323	5323	(Tex. Prob. Code, Sec. 75 (part).)
5324	5324	Sec. 252.203. ARREST; CONFINEMENT. On the return of a
5325	5325	citation served under Section 252.202, if the judge is satisfied
5326	5326	that the person served with the citation had custody of the will or
5327	5327	papers at the time the complaint under that section was filed and
5328	5328	the person does not deliver the will or papers or show good cause
5329	5329	why the will or papers have not been delivered, the judge may have
5330	5330	the person arrested and confined until the person delivers the will
5331	5331	or papers. (Tex. Prob. Code, Sec. 75 (part).)
5332	5332	Sec. 252.204. DAMAGES. (a) A person who refuses to deliver
5333	5333	a will or papers described by Section 252.202 is liable to any
5334	5334	person aggrieved by the refusal for all damages sustained as a
5335	5335	result of the refusal.
5336	5336	(b) Damages may be recovered under this section in any court
5337	5337	of competent jurisdiction. (Tex. Prob. Code, Sec. 75 (part).)
5338	5338	CHAPTER 253. CHANGE AND REVOCATION OF WILLS
5339	5339	Sec. 253.001. COURT MAY NOT PROHIBIT CHANGING A WILL
5340	5340	Sec. 253.002. REVOCATION OF WILL
5341	5341	CHAPTER 253. CHANGE AND REVOCATION OF WILLS
5342	5342	Sec. 253.001. COURT MAY NOT PROHIBIT CHANGING A WILL. (a)
5343	5343	Notwithstanding Section 22.007(a), in this section, "court" means a
5344	5344	constitutional county court, district court, or statutory county
5345	5345	court, including a statutory probate court.
5346	5346	(b) A court may not prohibit a person from executing a new
5347	5347	will or a codicil to an existing will. (Tex. Prob. Code, Sec. 69A.)
5348	5348	Sec. 253.002. REVOCATION OF WILL. A written will, or a
5349	5349	clause or devise in a written will, may not be revoked, except by a
5350	5350	subsequent will, codicil, or declaration in writing that is
5351	5351	executed with like formalities, or by the testator destroying or
5352	5352	canceling the same, or causing it to be destroyed or canceled in the
5353	5353	testator's presence. (Tex. Prob. Code, Sec. 63.)
5354	5354	CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS RELATING TO, WILLS
5355	5355	RELATING TO, WILLS
5356	5356	Sec. 254.001. DEVISES TO TRUSTEES
5357	5357	Sec. 254.002. BEQUESTS TO CERTAIN SUBSCRIBING
5358	5358	WITNESSES
5359	5359	Sec. 254.003. DEVISES TO CERTAIN ATTORNEYS AND OTHER
5360	5360	PERSONS
5361	5361	Sec. 254.004. CONTRACTS CONCERNING WILLS OR DEVISES;
5362	5362	JOINT OR RECIPROCAL WILLS
5363	5363	CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS
5364	5364	RELATING TO, WILLS
5365	5365	Sec. 254.001. DEVISES TO TRUSTEES. (a) A testator may
5366	5366	validly devise property in a will to the trustee of a trust
5367	5367	established or to be established:
5368	5368	(1) during the testator's lifetime by the testator,
5369	5369	the testator and another person, or another person, including a
5370	5370	funded or unfunded life insurance trust in which the settlor has
5371	5371	reserved any or all rights of ownership of the insurance contracts;
5372	5372	or
5373	5373	(2) at the testator's death by the testator's devise to
5374	5374	the trustee, regardless of the existence, size, or character of the
5375	5375	corpus of the trust, if:
5376	5376	(A) the trust is identified in the testator's
5377	5377	will; and
5378	5378	(B) the terms of the trust are in:
5379	5379	(i) a written instrument, other than a
5380	5380	will, executed before, with, or after the execution of the
5381	5381	testator's will; or
5382	5382	(ii) another person's will if that person
5383	5383	predeceased the testator.
5384	5384	(b) A devise under Subsection (a) is not invalid because the
5385	5385	trust:
5386	5386	(1) is amendable or revocable; or
5387	5387	(2) was amended after the execution of the will or the
5388	5388	testator's death.
5389	5389	(c) Unless the testator's will provides otherwise, property
5390	5390	devised to a trust described by Subsection (a) is not held under a
5391	5391	testamentary trust of the testator. The property:
5392	5392	(1) becomes part of the trust to which the property is
5393	5393	devised; and
5394	5394	(2) must be administered and disposed of according to
5395	5395	the provisions of the instrument establishing the trust, including
5396	5396	any amendment to the instrument made before or after the testator's
5397	5397	death.
5398	5398	(d) Unless the testator's will provides otherwise, a
5399	5399	revocation or termination of the trust before the testator's death
5400	5400	causes the devise to lapse. (Tex. Prob. Code, Sec. 58a.)
5401	5401	Sec. 254.002. BEQUESTS TO CERTAIN SUBSCRIBING WITNESSES.
5402	5402	(a) Except as provided by Subsection (c), if a devisee under a will
5403	5403	is also a subscribing witness to the will and the will cannot be
5404	5404	otherwise established:
5405	5405	(1) the bequest is void; and
5406	5406	(2) the subscribing witness shall be allowed and
5407	5407	compelled to appear and give the witness's testimony in the same
5408	5408	manner as if the bequest to the witness had not been made.
5409	5409	(b) Notwithstanding Subsection (a), if the subscribing
5410	5410	witness described by that subsection would have been entitled to a
5411	5411	share of the testator's estate had the testator died intestate, the
5412	5412	witness is entitled to as much of that share as does not exceed the
5413	5413	value of the bequest to the witness under the will.
5414	5414	(c) If the testimony of a subscribing witness described by
5415	5415	Subsection (a) proving the will is corroborated by at least one
5416	5416	disinterested and credible person who testifies that the
5417	5417	subscribing witness's testimony is true and correct:
5418	5418	(1) the bequest to the subscribing witness is not void
5419	5419	under Subsection (a); and
5420	5420	(2) the subscribing witness is not regarded as an
5421	5421	incompetent or noncredible witness under Subchapters B and C,
5422	5422	Chapter 251. (Tex. Prob. Code, Secs. 61, 62.)
5423	5423	Sec. 254.003. DEVISES TO CERTAIN ATTORNEYS AND OTHER
5424	5424	PERSONS. (a) A devise of property in a will is void if the devise
5425	5425	is made to:
5426	5426	(1) an attorney who prepares or supervises the
5427	5427	preparation of the will;
5428	5428	(2) a parent, descendant of a parent, or employee of
5429	5429	the attorney described by Subdivision (1); or
5430	5430	(3) the spouse of a person described by Subdivision
5431	5431	(1) or (2).
5432	5432	(b) This section does not apply to:
5433	5433	(1) a devise made to a person who:
5434	5434	(A) is the testator's spouse;
5435	5435	(B) is an ascendant or descendant of the
5436	5436	testator; or
5437	5437	(C) is related within the third degree by
5438	5438	consanguinity or affinity to the testator; or
5439	5439	(2) a bona fide purchaser for value from a devisee in a
5440	5440	will. (Tex. Prob. Code, Sec. 58b.)
5441	5441	Sec. 254.004. CONTRACTS CONCERNING WILLS OR DEVISES; JOINT
5442	5442	OR RECIPROCAL WILLS. (a) A contract executed or entered into on or
5443	5443	after September 1, 1979, to make a will or devise, or not to revoke a
5444	5444	will or devise, may be established only by:
5445	5445	(1) a written agreement that is binding and
5446	5446	enforceable; or
5447	5447	(2) a will stating:
5448	5448	(A) that a contract exists; and
5449	5449	(B) the material provisions of the contract.
5450	5450	(b) The execution of a joint will or reciprocal wills does
5451	5451	not constitute by itself sufficient evidence of the existence of a
5452	5452	contract. (Tex. Prob. Code, Sec. 59A.)
5453	5453	CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
5454	5454	SUBCHAPTER A. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OR LEGACY
5455	5455	LEGACY
5456	5456	Sec. 255.001. DEFINITIONS
5457	5457	Sec. 255.002. CERTAIN PERSONAL PROPERTY EXCLUDED FROM
5458	5458	DEVISE OF REAL PROPERTY
5459	5459	Sec. 255.003. CONTENTS EXCLUDED FROM LEGACY OF
5460	5460	PERSONAL PROPERTY
5461	5461	[Sections 255.004-255.050 reserved for expansion]
5462	5462	SUBCHAPTER B. SUCCESSION BY PRETERMITTED CHILD
5463	5463	Sec. 255.051. DEFINITION
5464	5464	Sec. 255.052. APPLICABILITY AND CONSTRUCTION
5465	5465	Sec. 255.053. SUCCESSION BY PRETERMITTED CHILD IF
5466	5466	EXECUTION
5467	5467	Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF
5468	5468	EXECUTION
5469	5469	Sec. 255.055. RATABLE RECOVERY BY PRETERMITTED CHILD
5470	5470	BENEFICIARIES
5471	5471	[Sections 255.056-255.100 reserved for expansion]
5472	5472	SUBCHAPTER C. LIFETIME GIFTS AS SATISFACTION OF DEVISE
5473	5473	Sec. 255.101. CERTAIN LIFETIME GIFTS CONSIDERED
5474	5474	SATISFACTION OF DEVISE
5475	5475	Sec. 255.102. VALUATION OF PROPERTY
5476	5476	[Sections 255.103-255.150 reserved for expansion]
5477	5477	SUBCHAPTER D. FAILURE OF DEVISE; DISPOSITION OF PROPERTY TO DEVISEE WHO PREDECEASES TESTATOR
5478	5478	DEVISEE WHO PREDECEASES TESTATOR
5479	5479	Sec. 255.151. APPLICABILITY OF SUBCHAPTER
5480	5480	Sec. 255.152. FAILURE OF DEVISE; EFFECT ON RESIDUARY
5481	5481	ESTATE
5482	5482	Sec. 255.153. DISPOSITION OF PROPERTY TO CERTAIN
5483	5483	DEVISEES WHO PREDECEASE TESTATOR
5484	5484	Sec. 255.154. DEVISEE UNDER CLASS GIFT
5485	5485	[Sections 255.155-255.200 reserved for expansion]
5486	5486	SUBCHAPTER E. WILL PROVISION FOR MANAGEMENT OF SEPARATE PROPERTY BY SURVIVING SPOUSE
5487	5487	BY SURVIVING SPOUSE
5488	5488	Sec. 255.201. MANAGEMENT OF SEPARATE PROPERTY BY
5489	5489	SURVIVING SPOUSE
5490	5490	[Sections 255.202-255.250 reserved for expansion]
5491	5491	SUBCHAPTER F. DEVISE OF SECURITIES
5492	5492	Sec. 255.251. DEFINITIONS
5493	5493	Sec. 255.252. INCREASE IN SECURITIES; ACCESSIONS
5494	5494	Sec. 255.253. CASH DISTRIBUTION NOT INCLUDED IN DEVISE
5495	5495	[Sections 255.254-255.300 reserved for expansion]
5496	5496	SUBCHAPTER G. EXONERATION OF DEBTS SECURED BY SPECIFIC DEVISES
5497	5497	Sec. 255.301. NO RIGHT TO EXONERATION OF DEBTS
5498	5498	Sec. 255.302. EXCEPTION
5499	5499	Sec. 255.303. RIGHTS OF CERTAIN CREDITORS AND OTHER
5500	5500	PERSONS
5501	5501	[Sections 255.304-255.350 reserved for expansion]
5502	5502	SUBCHAPTER H. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL
5503	5503	Sec. 255.351. EXERCISE OF POWER OF APPOINTMENT THROUGH
5504	5504	WILL
5505	5505	CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
5506	5506	SUBCHAPTER A. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OR
5507	5507	LEGACY
5508	5508	Sec. 255.001. DEFINITIONS. In this subchapter:
5509	5509	(1) "Contents" means tangible personal property,
5510	5510	other than titled personal property, found inside of or on a
5511	5511	specifically devised item. The term includes clothing, pictures,
5512	5512	furniture, coin collections, and other items of tangible personal
5513	5513	property that:
5514	5514	(A) do not require a formal transfer of title;
5515	5515	and
5516	5516	(B) are located in another item of tangible
5517	5517	personal property such as a cedar chest or other furniture.
5518	5518	(2) "Titled personal property" includes all tangible
5519	5519	personal property represented by a certificate of title,
5520	5520	certificate of ownership, written label, marking, or designation
5521	5521	that signifies ownership by a person. The term includes a motor
5522	5522	vehicle, motor home, motorboat, or other similar property that
5523	5523	requires a formal transfer of title. (Tex. Prob. Code, Sec. 58(d).)
5524	5524	Sec. 255.002. CERTAIN PERSONAL PROPERTY EXCLUDED FROM
5525	5525	DEVISE OF REAL PROPERTY. A devise of real property does not include
5526	5526	any personal property located on, or associated with, the real
5527	5527	property or any contents of personal property located on the real
5528	5528	property unless the will directs that the personal property or
5529	5529	contents are included in the devise. (Tex. Prob. Code, Sec. 58(c)
5530	5530	(part).)
5531	5531	Sec. 255.003. CONTENTS EXCLUDED FROM LEGACY OF PERSONAL
5532	5532	PROPERTY. A legacy of personal property does not include any
5533	5533	contents of the property unless the will directs that the contents
5534	5534	are included in the legacy. (Tex. Prob. Code, Sec. 58(c) (part).)
5535	5535	[Sections 255.004-255.050 reserved for expansion]
5536	5536	SUBCHAPTER B. SUCCESSION BY PRETERMITTED CHILD
5537	5537	Sec. 255.051. DEFINITION. In this subchapter,
5538	5538	"pretermitted child" means a testator's child who is born or
5539	5539	adopted:
5540	5540	(1) during the testator's lifetime or after the
5541	5541	testator's death; and
5542	5542	(2) after the execution of the testator's will. (Tex.
5543	5543	Prob. Code, Sec. 67(c).)
5544	5544	Sec. 255.052. APPLICABILITY AND CONSTRUCTION. (a)
5545	5545	Sections 255.053 and 255.054 apply only to a pretermitted child who
5546	5546	is not:
5547	5547	(1) mentioned in the testator's will;
5548	5548	(2) provided for in the testator's will; or
5549	5549	(3) otherwise provided for by the testator.
5550	5550	(b) For purposes of this subchapter, a child is provided for
5551	5551	or a provision is made for a child if a disposition of property to or
5552	5552	for the benefit of the pretermitted child, whether vested or
5553	5553	contingent, is made:
5554	5554	(1) in the testator's will, including a devise to a
5555	5555	trustee under Section 254.001; or
5556	5556	(2) outside the testator's will and is intended to take
5557	5557	effect at the testator's death. (Tex. Prob. Code, Secs. 67(a)
5558	5558	(part), (d).)
5559	5559	Sec. 255.053. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR
5560	5560	HAS LIVING CHILD AT WILL'S EXECUTION. (a) If no provision is made
5561	5561	in the testator's last will for any child of the testator who is
5562	5562	living when the testator executes the will, a pretermitted child
5563	5563	succeeds to the portion of the testator's separate and community
5564	5564	estate, other than any portion of the estate devised to the
5565	5565	pretermitted child's other parent, to which the pretermitted child
5566	5566	would have been entitled under Section 201.001 if the testator had
5567	5567	died intestate without a surviving spouse.
5568	5568	(b) If a provision, whether vested or contingent, is made in
5569	5569	the testator's last will for one or more children of the testator
5570	5570	who are living when the testator executes the will, a pretermitted
5571	5571	child is entitled only to a portion of the disposition made to
5572	5572	children under the will that is equal to the portion the child would
5573	5573	have received if the testator had:
5574	5574	(1) included all of the testator's pretermitted
5575	5575	children with the children on whom benefits were conferred under
5576	5576	the will; and
5577	5577	(2) given an equal share of those benefits to each
5578	5578	child.
5579	5579	(c) To the extent feasible, the interest in the testator's
5580	5580	estate to which the pretermitted child is entitled under Subsection
5581	5581	(b) must be of the same character, whether an equitable or legal
5582	5582	life estate or in fee, as the interest that the testator conferred
5583	5583	on the testator's children under the will. (Tex. Prob. Code, Sec.
5584	5584	67(a)(1).)
5585	5585	Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR
5586	5586	HAS NO LIVING CHILD AT WILL'S EXECUTION. If a testator has no child
5587	5587	living when the testator executes the testator's last will, a
5588	5588	pretermitted child succeeds to the portion of the testator's
5589	5589	separate and community estate, other than any portion of the estate
5590	5590	devised to the pretermitted child's other parent, to which the
5591	5591	pretermitted child would have been entitled under Section 201.001
5592	5592	if the testator had died intestate without a surviving spouse.
5593	5593	(Tex. Prob. Code, Sec. 67(a)(2).)
5594	5594	Sec. 255.055. RATABLE RECOVERY BY PRETERMITTED CHILD FROM
5595	5595	PORTIONS PASSING TO OTHER BENEFICIARIES. (a) A pretermitted child
5596	5596	may recover the share of the testator's estate to which the child is
5597	5597	entitled from the testator's other children under Section
5598	5598	255.053(b) or from the testamentary beneficiaries under Sections
5599	5599	255.053(a) and 255.054, other than the pretermitted child's other
5600	5600	parent, ratably, out of the portions of the estate passing to those
5601	5601	persons under the will.
5602	5602	(b) In abating the interests of the beneficiaries described
5603	5603	by Subsection (a), the character of the testamentary plan adopted
5604	5604	by the testator must be preserved to the maximum extent possible.
5605	5605	(Tex. Prob. Code, Sec. 67(b).)
5606	5606	[Sections 255.056-255.100 reserved for expansion]
5607	5607	SUBCHAPTER C. LIFETIME GIFTS AS SATISFACTION OF DEVISE
5608	5608	Sec. 255.101. CERTAIN LIFETIME GIFTS CONSIDERED
5609	5609	SATISFACTION OF DEVISE. Property that a testator gives to a person
5610	5610	during the testator's lifetime is considered a satisfaction, either
5611	5611	wholly or partly, of a devise to the person if:
5612	5612	(1) the testator's will provides for deduction of the
5613	5613	lifetime gift from the devise;
5614	5614	(2) the testator declares in a contemporaneous writing
5615	5615	that the lifetime gift is to be deducted from, or is in satisfaction
5616	5616	of, the devise; or
5617	5617	(3) the devisee acknowledges in writing that the
5618	5618	lifetime gift is in satisfaction of the devise. (Tex. Prob. Code,
5619	5619	Sec. 37C(a).)
5620	5620	Sec. 255.102. VALUATION OF PROPERTY. Property given in
5621	5621	partial satisfaction of a devise shall be valued as of the earlier
5622	5622	of:
5623	5623	(1) the date the devisee acquires possession of or
5624	5624	enjoys the property; or
5625	5625	(2) the date of the testator's death. (Tex. Prob.
5626	5626	Code, Sec. 37C(b).)
5627	5627	[Sections 255.103-255.150 reserved for expansion]
5628	5628	SUBCHAPTER D. FAILURE OF DEVISE; DISPOSITION OF PROPERTY TO
5629	5629	DEVISEE WHO PREDECEASES TESTATOR
5630	5630	Sec. 255.151. APPLICABILITY OF SUBCHAPTER. This subchapter
5631	5631	applies unless the testator's last will and testament provides
5632	5632	otherwise. For example, a devise in the testator's will stating "to
5633	5633	my surviving children" or "to such of my children as shall survive
5634	5634	me" prevents the application of Sections 255.153 and 255.154.
5635	5635	(Tex. Prob. Code, Sec. 68(e).)
5636	5636	Sec. 255.152. FAILURE OF DEVISE; EFFECT ON RESIDUARY
5637	5637	ESTATE. (a) Except as provided by Sections 255.153 and 255.154, if
5638	5638	a devise, other than a residuary devise, fails for any reason, the
5639	5639	devise becomes a part of the residuary estate.
5640	5640	(b) Except as provided by Sections 255.153 and 255.154, if
5641	5641	the residuary estate is devised to two or more persons and the share
5642	5642	of one of the residuary devisees fails for any reason, that
5643	5643	residuary devisee's share passes to the other residuary devisees,
5644	5644	in proportion to the residuary devisee's interest in the residuary
5645	5645	estate.
5646	5646	(c) Except as provided by Sections 255.153 and 255.154, the
5647	5647	residuary estate passes as if the testator had died intestate if all
5648	5648	residuary devisees:
5649	5649	(1) are deceased at the time the testator's will is
5650	5650	executed;
5651	5651	(2) fail to survive the testator; or
5652	5652	(3) are treated as if the residuary devisees
5653	5653	predeceased the testator. (Tex. Prob. Code, Secs. 68(b), (c), (d).)
5654	5654	Sec. 255.153. DISPOSITION OF PROPERTY TO CERTAIN DEVISEES
5655	5655	WHO PREDECEASE TESTATOR. (a) If a devisee who is a descendant of
5656	5656	the testator or a descendant of a testator's parent is deceased at
5657	5657	the time the will is executed, fails to survive the testator, or is
5658	5658	treated as if the devisee predeceased the testator by Chapter 121 or
5659	5659	otherwise, the descendants of the devisee who survived the testator
5660	5660	by 120 hours take the devised property in place of the devisee.
5661	5661	(b) Devised property to which Subsection (a) applies shall
5662	5662	be divided into the number of shares equal to the total number of
5663	5663	surviving descendants in the nearest degree of kinship to the
5664	5664	devisee and deceased persons in the same degree of kinship to the
5665	5665	devisee whose descendants survived the testator. Each surviving
5666	5666	descendant in the nearest degree of kinship to the devisee receives
5667	5667	one share, and the share of each deceased person in the same degree
5668	5668	of kinship to the devisee whose descendants survived the testator
5669	5669	is divided among the descendants by representation. (Tex. Prob.
5670	5670	Code, Sec. 68(a) (part).)
5671	5671	Sec. 255.154. DEVISEE UNDER CLASS GIFT. For purposes of
5672	5672	this subchapter, a person who would have been a devisee under a
5673	5673	class gift if the person had survived the testator is treated as a
5674	5674	devisee unless the person died before the date the will was
5675	5675	executed. (Tex. Prob. Code, Sec. 68(a) (part).)
5676	5676	[Sections 255.155-255.200 reserved for expansion]
5677	5677	SUBCHAPTER E. WILL PROVISION FOR MANAGEMENT OF SEPARATE PROPERTY
5678	5678	BY SURVIVING SPOUSE
5679	5679	Sec. 255.201. MANAGEMENT OF SEPARATE PROPERTY BY SURVIVING
5680	5680	SPOUSE. (a) Subject to Subsection (b) and any other restrictions
5681	5681	imposed by the will, a spouse by last will and testament may give to
5682	5682	the survivor of the marriage the power to:
5683	5683	(1) keep the testator's separate property together
5684	5684	until each distributee becomes of legal age; and
5685	5685	(2) manage and control the separate property under the
5686	5686	provisions of law relating to community property.
5687	5687	(b) A child or distributee entitled to any portion of the
5688	5688	separate property described by Subsection (a) is entitled to
5689	5689	receive the child's or distributee's distributive portion of the
5690	5690	estate at any time after the child or distributee becomes of legal
5691	5691	age. (Tex. Prob. Code, Sec. 70.)
5692	5692	[Sections 255.202-255.250 reserved for expansion]
5693	5693	SUBCHAPTER F. DEVISE OF SECURITIES
5694	5694	Sec. 255.251. DEFINITIONS. In this subchapter:
5695	5695	(1) "Securities" has the meaning assigned by Section
5696	5696	4, The Securities Act (Article 581-4, Vernon's Texas Civil
5697	5697	Statutes).
5698	5698	(2) "Stock" means securities. (Tex. Prob. Code, Sec.
5699	5699	70A(c).)
5700	5700	Sec. 255.252. INCREASE IN SECURITIES; ACCESSIONS. Unless
5701	5701	the will of a testator clearly provides otherwise, a devise of
5702	5702	securities that are owned by the testator on the date the will is
5703	5703	executed includes the following additional securities subsequently
5704	5704	acquired by the testator as a result of the testator's ownership of
5705	5705	the devised securities:
5706	5706	(1) securities of the same organization acquired
5707	5707	because of an action initiated by the organization or any
5708	5708	successor, related, or acquiring organization, including stock
5709	5709	splits, stock dividends, and new issues of stock acquired in a
5710	5710	reorganization, redemption, or exchange, other than securities
5711	5711	acquired through the exercise of purchase options or through a plan
5712	5712	of reinvestment; and
5713	5713	(2) securities of another organization acquired as a
5714	5714	result of a merger, consolidation, reorganization, or other
5715	5715	distribution by the organization or any successor, related, or
5716	5716	acquiring organization, including stock splits, stock dividends,
5717	5717	and new issues of stock acquired in a reorganization, redemption,
5718	5718	or exchange, other than securities acquired through the exercise of
5719	5719	purchase options or through a plan of reinvestment. (Tex. Prob.
5720	5720	Code, Sec. 70A(a).)
5721	5721	Sec. 255.253. CASH DISTRIBUTION NOT INCLUDED IN DEVISE.
5722	5722	Unless the will of a testator clearly provides otherwise, a devise
5723	5723	of securities does not include a cash distribution relating to the
5724	5724	securities that accrues before the testator's death, regardless of
5725	5725	whether the distribution is paid before the testator's death.
5726	5726	(Tex. Prob. Code, Sec. 70A(b).)
5727	5727	[Sections 255.254-255.300 reserved for expansion]
5728	5728	SUBCHAPTER G. EXONERATION OF DEBTS SECURED BY SPECIFIC DEVISES
5729	5729	Sec. 255.301. NO RIGHT TO EXONERATION OF DEBTS. Except as
5730	5730	provided by Section 255.302, a specific devise passes to the
5731	5731	devisee subject to each debt secured by the property that exists on
5732	5732	the date of the testator's death, and the devisee is not entitled to
5733	5733	exoneration from the testator's estate for payment of the debt.
5734	5734	(Tex. Prob. Code, Sec. 71A(a).)
5735	5735	Sec. 255.302. EXCEPTION. A specific devise does not pass to
5736	5736	the devisee subject to a debt described by Section 255.301 if the
5737	5737	will in which the devise is made specifically states that the devise
5738	5738	passes without being subject to the debt. A general provision in
5739	5739	the will stating that debts are to be paid is not a specific
5740	5740	statement for purposes of this section. (Tex. Prob. Code, Sec.
5741	5741	71A(b).)
5742	5742	Sec. 255.303. RIGHTS OF CERTAIN CREDITORS AND OTHER
5743	5743	PERSONS. (a) Section 255.301 does not affect the rights of
5744	5744	creditors provided under this title or the rights of other persons
5745	5745	or entities provided under Chapters 102 and 353.
5746	5746	(b) A debt described by Section 255.301 that a creditor
5747	5747	elects to have allowed and approved as a matured secured claim shall
5748	5748	be paid in accordance with Sections 355.153(b), (c), (d), and (e).
5749	5749	(Tex. Prob. Code, Sec. 71A(c).)
5750	5750	[Sections 255.304-255.350 reserved for expansion]
5751	5751	SUBCHAPTER H. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL
5752	5752	Sec. 255.351. EXERCISE OF POWER OF APPOINTMENT THROUGH
5753	5753	WILL. A testator may not exercise a power of appointment through a
5754	5754	residuary clause in the testator's will or through a will providing
5755	5755	for general disposition of all of the testator's property unless:
5756	5756	(1) the testator makes a specific reference to the
5757	5757	power in the will; or
5758	5758	(2) there is some other indication in writing that the
5759	5759	testator intended to include the property subject to the power in
5760	5760	the will. (Tex. Prob. Code, Sec. 58c.)
5761	5761	CHAPTER 256. PROBATE OF WILLS GENERALLY
5762	5762	SUBCHAPTER A. EFFECTIVENESS OF WILL; PERIOD FOR PROBATE
5763	5763	Sec. 256.001. WILL NOT EFFECTIVE UNTIL PROBATED
5764	5764	Sec. 256.002. PROBATE BEFORE DEATH VOID
5765	5765	Sec. 256.003. PERIOD FOR ADMITTING WILL TO PROBATE;
5766	5766	PROTECTION FOR CERTAIN PURCHASERS
5767	5767	[Sections 256.004-256.050 reserved for expansion]
5768	5768	SUBCHAPTER B. APPLICATION REQUIREMENTS
5769	5769	Sec. 256.051. ELIGIBLE APPLICANTS FOR PROBATE OF WILL
5770	5770	Sec. 256.052. CONTENTS OF APPLICATION FOR PROBATE OF
5771	5771	WRITTEN WILL GENERALLY
5772	5772	Sec. 256.053. FILING OF WRITTEN WILL WITH APPLICATION
5773	5773	FOR PROBATE GENERALLY REQUIRED
5774	5774	Sec. 256.054. ADDITIONAL APPLICATION REQUIREMENTS WHEN
5775	5775	NO WRITTEN WILL IS PRODUCED
5776	5776	[Sections 256.055-256.100 reserved for expansion]
5777	5777	SUBCHAPTER C. PROCEDURES FOR SECOND APPLICATION
5778	5778	Sec. 256.101. PROCEDURE ON FILING OF SECOND
5779	5779	HAS NOT BEEN HEARD
5780	5780	Sec. 256.102. PROCEDURE ON FILING OF SECOND
5781	5781	WILL HAS BEEN ADMITTED
5782	5782	Sec. 256.103. PROCEDURE WHEN APPLICATION FOR PROBATE
5783	5783	ADMINISTRATION HAVE BEEN GRANTED
5784	5784	[Sections 256.104-256.150 reserved for expansion]
5785	5785	SUBCHAPTER D. REQUIRED PROOF FOR PROBATE OF WILL
5786	5786	Sec. 256.151. GENERAL PROOF REQUIREMENTS
5787	5787	Sec. 256.152. ADDITIONAL PROOF REQUIRED FOR PROBATE OF
5788	5788	WILL
5789	5789	Sec. 256.153. AUTHORIZED METHODS OF PROVING ATTESTED
5790	5790	WRITTEN WILL
5791	5791	Sec. 256.154. AUTHORIZED METHODS OF PROVING
5792	5792	HOLOGRAPHIC WILL
5793	5793	Sec. 256.155. PROCEDURES FOR DEPOSITIONS WHEN NO
5794	5794	CONTEST IS FILED
5795	5795	Sec. 256.156. PROOF OF WRITTEN WILL NOT PRODUCED IN
5796	5796	COURT
5797	5797	Sec. 256.157. TESTIMONY REGARDING PROBATE TO BE
5798	5798	COMMITTED TO WRITING
5799	5799	[Sections 256.158-256.200 reserved for expansion]
5800	5800	SUBCHAPTER E. ADMISSION OF WILL TO, AND PROCEDURES FOLLOWING, PROBATE
5801	5801	PROBATE
5802	5802	Sec. 256.201. ADMISSION OF WILL TO PROBATE
5803	5803	Sec. 256.202. CUSTODY OF PROBATED WILL
5804	5804	Sec. 256.203. ESTABLISHING CONTENTS OF WILL NOT IN
5805	5805	COURT'S CUSTODY
5806	5806	Sec. 256.204. PERIOD FOR CONTEST
5807	5807	CHAPTER 256. PROBATE OF WILLS GENERALLY
5808	5808	SUBCHAPTER A. EFFECTIVENESS OF WILL; PERIOD FOR PROBATE
5809	5809	Sec. 256.001. WILL NOT EFFECTIVE UNTIL PROBATED. Except as
5810	5810	provided by Subtitle K with respect to foreign wills, a will is not
5811	5811	effective to prove title to, or the right to possession of, any
5812	5812	property disposed of by the will until the will is admitted to
5813	5813	probate. (Tex. Prob. Code, Sec. 94.)
5814	5814	Sec. 256.002. PROBATE BEFORE DEATH VOID. The probate of a
5815	5815	will of a living person is void. (Tex. Prob. Code, Sec. 72(a)
5816	5816	(part).)
5817	5817	Sec. 256.003. PERIOD FOR ADMITTING WILL TO PROBATE;
5818	5818	PROTECTION FOR CERTAIN PURCHASERS. (a) A will may not be admitted
5819	5819	to probate after the fourth anniversary of the testator's death
5820	5820	unless it is shown by proof that the applicant for the probate of
5821	5821	the will was not in default in failing to present the will for
5822	5822	probate on or before the fourth anniversary of the testator's
5823	5823	death.
5824	5824	(b) Letters testamentary may not be issued if a will is
5825	5825	admitted to probate after the fourth anniversary of the testator's
5826	5826	death.
5827	5827	(c) A person who for value, in good faith, and without
5828	5828	knowledge of the existence of a will purchases property from a
5829	5829	decedent's heirs after the fourth anniversary of the decedent's
5830	5830	death shall be held to have good title to the interest that the heir
5831	5831	or heirs would have had in the absence of a will, as against the
5832	5832	claim of any devisee under any will that is subsequently offered for
5833	5833	probate. (Tex. Prob. Code, Sec. 73.)
5834	5834	[Sections 256.004-256.050 reserved for expansion]
5835	5835	SUBCHAPTER B. APPLICATION REQUIREMENTS
5836	5836	Sec. 256.051. ELIGIBLE APPLICANTS FOR PROBATE OF WILL. (a)
5837	5837	An executor named in a will or an interested person may file an
5838	5838	application with the court for an order admitting a will to probate,
5839	5839	whether the will is:
5840	5840	(1) written or unwritten;
5841	5841	(2) in the applicant's possession or not;
5842	5842	(3) lost;
5843	5843	(4) destroyed; or
5844	5844	(5) outside of this state.
5845	5845	(b) An application for the probate of a will may be combined
5846	5846	with an application for the appointment of an executor or
5847	5847	administrator. A person interested in either the probate or the
5848	5848	appointment may apply for both. (Tex. Prob. Code, Sec. 76 (part).)
5849	5849	Sec. 256.052. CONTENTS OF APPLICATION FOR PROBATE OF
5850	5850	WRITTEN WILL GENERALLY. (a) An application for the probate of a
5851	5851	written will must state and aver the following to the extent each is
5852	5852	known to the applicant or can, with reasonable diligence, be
5853	5853	ascertained by the applicant:
5854	5854	(1) each applicant's name and domicile;
5855	5855	(2) the testator's name, domicile, and, if known, age,
5856	5856	on the date of the testator's death;
5857	5857	(3) the fact, time, and place of the testator's death;
5858	5858	(4) facts showing that the court with which the
5859	5859	application is filed has venue;
5860	5860	(5) that the testator owned property, including a
5861	5861	statement generally describing the property and the property's
5862	5862	probable value;
5863	5863	(6) the date of the will;
5864	5864	(7) the name and residence of:
5865	5865	(A) any executor named in the will or, if no
5866	5866	executor is named, of the person to whom the applicant desires that
5867	5867	letters be issued; and
5868	5868	(B) each subscribing witness to the will, if any;
5869	5869	(8) whether one or more children born to or adopted by
5870	5870	the testator after the testator executed the will survived the
5871	5871	testator and, if so, the name of each of those children;
5872	5872	(9) whether the testator was ever divorced and, if so,
5873	5873	when and from whom;
5874	5874	(10) whether the state, a governmental agency of the
5875	5875	state, or a charitable organization is named in the will as a
5876	5876	devisee; and
5877	5877	(11) that the executor named in the will, the
5878	5878	applicant, or another person to whom the applicant desires that
5879	5879	letters be issued is not disqualified by law from accepting the
5880	5880	letters.
5881	5881	(b) If an applicant does not state or aver any matter
5882	5882	required by Subsection (a) in the application, the application must
5883	5883	state the reason the matter is not stated and averred. (Tex. Prob.
5884	5884	Code, Sec. 81(a) (part).)
5885	5885	Sec. 256.053. FILING OF WRITTEN WILL WITH APPLICATION FOR
5886	5886	PROBATE GENERALLY REQUIRED. (a) An applicant for the probate of a
5887	5887	written will shall file the will with the application if the will is
5888	5888	in the applicant's control.
5889	5889	(b) A will filed under Subsection (a) must remain in the
5890	5890	custody of the county clerk unless removed from the clerk's custody
5891	5891	by a court order. (Tex. Prob. Code, Sec. 81(a) (part).)
5892	5892	Sec. 256.054. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
5893	5893	WRITTEN WILL IS PRODUCED. In addition to the requirements for an
5894	5894	application under Section 256.052, if an applicant for the probate
5895	5895	of a written will cannot produce the will in court, the application
5896	5896	must state:
5897	5897	(1) the reason the will cannot be produced;
5898	5898	(2) the contents of the will, as far as known; and
5899	5899	(3) the name, age, marital status, and address, if
5900	5900	known, and the relationship to the testator, if any, of:
5901	5901	(A) each devisee;
5902	5902	(B) each person who would inherit as an heir of
5903	5903	the testator in the absence of a valid will; and
5904	5904	(C) in the case of partial intestacy, each heir
5905	5905	of the testator. (Tex. Prob. Code, Sec. 81(b).)
5906	5906	[Sections 256.055-256.100 reserved for expansion]
5907	5907	SUBCHAPTER C. PROCEDURES FOR SECOND APPLICATION
5908	5908	Sec. 256.101. PROCEDURE ON FILING OF SECOND APPLICATION
5909	5909	WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD. If, after an
5910	5910	application for the probate of a decedent's will or the appointment
5911	5911	of a personal representative for the decedent's estate has been
5912	5912	filed but before the application is heard, an application is filed
5913	5913	for the probate of a will of the same decedent that has not
5914	5914	previously been presented for probate, the court shall:
5915	5915	(1) hear both applications together; and
5916	5916	(2) determine:
5917	5917	(A) if both applications are for the probate of a
5918	5918	will, which will should be admitted to probate, if either, or
5919	5919	whether the decedent died intestate; or
5920	5920	(B) if only one application is for the probate of
5921	5921	a will, whether the will should be admitted to probate or whether
5922	5922	the decedent died intestate. (Tex. Prob. Code, Sec. 83(a).)
5923	5923	Sec. 256.102. PROCEDURE ON FILING OF SECOND APPLICATION FOR
5924	5924	PROBATE AFTER FIRST WILL HAS BEEN ADMITTED. If, after a decedent's
5925	5925	will has been admitted to probate, an application is filed for the
5926	5926	probate of a will of the same decedent that has not previously been
5927	5927	presented for probate, the court shall determine:
5928	5928	(1) whether the former probate should be set aside;
5929	5929	and
5930	5930	(2) if the former probate is to be set aside, whether:
5931	5931	(A) the other will should be admitted to probate;
5932	5932	or
5933	5933	(B) the decedent died intestate. (Tex. Prob.
5934	5934	Code, Sec. 83(b).)
5935	5935	Sec. 256.103. PROCEDURE WHEN APPLICATION FOR PROBATE IS
5936	5936	FILED AFTER LETTERS OF ADMINISTRATION HAVE BEEN GRANTED. (a) A
5937	5937	lawful will of a decedent that is discovered after letters of
5938	5938	administration have been granted on the decedent's estate may be
5939	5939	proved in the manner provided for the proof of wills.
5940	5940	(b) The court shall allow an executor named in a will
5941	5941	described by Subsection (a) who is not disqualified to qualify and
5942	5942	accept as executor. The court shall revoke the previously granted
5943	5943	letters of administration.
5944	5944	(c) If an executor is not named in a will described by
5945	5945	Subsection (a), or if the executor named is disqualified or dead,
5946	5946	renounces the executorship, fails or is unable to accept and
5947	5947	qualify before the 21st day after the date of the probate of the
5948	5948	will, or fails to present the will for probate before the 31st day
5949	5949	after the discovery of the will, the court, as in other cases, shall
5950	5950	grant an administration with the will annexed of the testator's
5951	5951	estate.
5952	5952	(d) An act performed by the first administrator before the
5953	5953	executor described by Subsection (b) or the administrator with the
5954	5954	will annexed described by Subsection (c) qualifies is as valid as if
5955	5955	no will had been discovered. (Tex. Prob. Code, Sec. 83(c).)
5956	5956	[Sections 256.104-256.150 reserved for expansion]
5957	5957	SUBCHAPTER D. REQUIRED PROOF FOR PROBATE OF WILL
5958	5958	Sec. 256.151. GENERAL PROOF REQUIREMENTS. An applicant for
5959	5959	the probate of a will must prove to the court's satisfaction that:
5960	5960	(1) the testator is dead;
5961	5961	(2) four years have not elapsed since the date of the
5962	5962	testator's death and before the application;
5963	5963	(3) the court has jurisdiction and venue over the
5964	5964	estate;
5965	5965	(4) citation has been served and returned in the
5966	5966	manner and for the period required by this title; and
5967	5967	(5) the person for whom letters testamentary or of
5968	5968	administration are sought is entitled by law to the letters and is
5969	5969	not disqualified. (Tex. Prob. Code, Sec. 88(a) (part).)
5970	5970	Sec. 256.152. ADDITIONAL PROOF REQUIRED FOR PROBATE OF
5971	5971	WILL. (a) An applicant for the probate of a will must prove the
5972	5972	following to the court's satisfaction, in addition to the proof
5973	5973	required by Section 256.151, to obtain the probate:
5974	5974	(1) the testator did not revoke the will; and
5975	5975	(2) if the will is not self-proved as provided by this
5976	5976	title, the testator:
5977	5977	(A) executed the will with the formalities and
5978	5978	solemnities and under the circumstances required by law to make the
5979	5979	will valid; and
5980	5980	(B) at the time of executing the will, was of
5981	5981	sound mind and:
5982	5982	(i) was 18 years of age or older;
5983	5983	(ii) was or had been married; or
5984	5984	(iii) was a member of the armed forces of
5985	5985	the United States, an auxiliary of the armed forces of the United
5986	5986	States, or the United States Maritime Service.
5987	5987	(b) A will that is self-proved as provided by this title is
5988	5988	not required to have any additional proof that the will was executed
5989	5989	with the formalities and solemnities and under the circumstances
5990	5990	required to make the will valid. (Tex. Prob. Code, Secs. 84(a),
5991	5991	88(b).)
5992	5992	Sec. 256.153. AUTHORIZED METHODS OF PROVING ATTESTED
5993	5993	WRITTEN WILL. (a) An attested written will produced in court that
5994	5994	is not self-proved as provided by this title may be proved in the
5995	5995	manner provided by this section.
5996	5996	(b) A will described by Subsection (a) may be proved by the
5997	5997	sworn testimony or affidavit of one or more of the subscribing
5998	5998	witnesses to the will taken in open court.
5999	5999	(c) If all the witnesses to a will described by Subsection
6000	6000	(a) are nonresidents of the county or the witnesses who are
6001	6001	residents of the county are unable to attend court, the will may be
6002	6002	proved:
6003	6003	(1) by the sworn testimony of one or more of the
6004	6004	witnesses by written or oral deposition taken in the same manner and
6005	6005	under the same rules as depositions are taken in other civil
6006	6006	actions;
6007	6007	(2) if no opposition in writing to the will is filed on
6008	6008	or before the date set for the hearing on the will, by the sworn
6009	6009	testimony or affidavit of two witnesses taken in open court, or by
6010	6010	deposition as provided by Subdivision (1), to the signature or the
6011	6011	handwriting evidenced by the signature of:
6012	6012	(A) one or more of the attesting witnesses; or
6013	6013	(B) the testator, if the testator signed the
6014	6014	will; or
6015	6015	(3) if it is shown under oath to the court's
6016	6016	satisfaction that, after a diligent search was made, only one
6017	6017	witness can be found who can make the required proof, by the sworn
6018	6018	testimony or affidavit of that witness taken in open court, or by
6019	6019	deposition as provided by Subdivision (1), to a signature, or the
6020	6020	handwriting evidenced by a signature, described by Subdivision (2).
6021	6021	(d) If none of the witnesses to a will described by
6022	6022	Subsection (a) are living, or if each of the witnesses is a member
6023	6023	of the armed forces or the armed forces reserves of the United
6024	6024	States, an auxiliary of the armed forces or armed forces reserves,
6025	6025	or the United States Maritime Service and is beyond the court's
6026	6026	jurisdiction, the will may be proved:
6027	6027	(1) by two witnesses to the handwriting of one or both
6028	6028	of the subscribing witnesses to the will or the testator, if the
6029	6029	testator signed the will, by:
6030	6030	(A) sworn testimony or affidavit taken in open
6031	6031	court; or
6032	6032	(B) written or oral deposition taken in the same
6033	6033	manner and under the same rules as depositions are taken in other
6034	6034	civil actions; or
6035	6035	(2) if it is shown under oath to the court's
6036	6036	satisfaction that, after a diligent search was made, only one
6037	6037	witness can be found who can make the required proof, by the sworn
6038	6038	testimony or affidavit of that witness taken in open court, or by
6039	6039	deposition as provided by Subdivision (1), to a signature or the
6040	6040	handwriting described by Subdivision (1). (Tex. Prob. Code, Sec.
6041	6041	84(b).)
6042	6042	Sec. 256.154. AUTHORIZED METHODS OF PROVING HOLOGRAPHIC
6043	6043	WILL. A will wholly in the handwriting of the testator that is not
6044	6044	self-proved as provided by this title may be proved by two witnesses
6045	6045	to the testator's handwriting. The evidence may be by:
6046	6046	(1) sworn testimony or affidavit taken in open court;
6047	6047	or
6048	6048	(2) if the witnesses are nonresidents of the county or
6049	6049	are residents who are unable to attend court, written or oral
6050	6050	deposition taken in the same manner and under the same rules as
6051	6051	depositions are taken in other civil actions. (Tex. Prob. Code,
6052	6052	Sec. 84(c).)
6053	6053	Sec. 256.155. PROCEDURES FOR DEPOSITIONS WHEN NO CONTEST IS
6054	6054	FILED. (a) This section, rather than Sections 256.153(c) and (d)
6055	6055	and 256.154 regarding the taking of depositions under the same
6056	6056	rules as depositions in other civil actions, applies if no contest
6057	6057	has been filed with respect to an application for the probate of a
6058	6058	will.
6059	6059	(b) Depositions for the purpose of establishing a will may
6060	6060	be taken in the manner provided by Section 51.203 for the taking of
6061	6061	depositions when there is no opposing party or attorney of record on
6062	6062	whom notice and copies of interrogatories may be served. (Tex.
6063	6063	Prob. Code, Sec. 84(d).)
6064	6064	Sec. 256.156. PROOF OF WRITTEN WILL NOT PRODUCED IN COURT.
6065	6065	(a) A written will that cannot be produced in court must be proved
6066	6066	in the same manner as provided in Section 256.153 for an attested
6067	6067	written will or Section 256.154 for a holographic will, as
6068	6068	applicable. The same amount and character of testimony is required
6069	6069	to prove the written will not produced in court as is required to
6070	6070	prove a written will produced in court.
6071	6071	(b) In addition to the proof required by Subsection (a):
6072	6072	(1) the cause of the nonproduction of a written will
6073	6073	not produced in court must be proved, which must be sufficient to
6074	6074	satisfy the court that the will cannot by any reasonable diligence
6075	6075	be produced; and
6076	6076	(2) the contents of the will must be substantially
6077	6077	proved by the testimony of a credible witness who has read the will,
6078	6078	has heard the will read, or can identify a copy of the will. (Tex.
6079	6079	Prob. Code, Sec. 85.)
6080	6080	Sec. 256.157. TESTIMONY REGARDING PROBATE TO BE COMMITTED
6081	6081	TO WRITING. (a) Except as provided by Subsection (b), all
6082	6082	testimony taken in open court on the hearing of an application to
6083	6083	probate a will must be:
6084	6084	(1) committed to writing at the time the testimony is
6085	6085	taken;
6086	6086	(2) subscribed and sworn to in open court by the
6087	6087	witness; and
6088	6088	(3) filed by the clerk.
6089	6089	(b) In a contested case, the court, on the agreement of the
6090	6090	parties or, if there is no agreement, on the court's own motion, may
6091	6091	waive the requirements of Subsection (a). (Tex. Prob. Code, Sec.
6092	6092	87.)
6093	6093	[Sections 256.158-256.200 reserved for expansion]
6094	6094	SUBCHAPTER E. ADMISSION OF WILL TO, AND PROCEDURES FOLLOWING,
6095	6095	PROBATE
6096	6096	Sec. 256.201. ADMISSION OF WILL TO PROBATE. If the court is
6097	6097	satisfied on the completion of hearing an application for the
6098	6098	probate of a will that the will should be admitted to probate, the
6099	6099	court shall enter an order admitting the will to probate. Certified
6100	6100	copies of the will and the order admitting the will to probate, or
6101	6101	of the record of the will and order, and the record of testimony,
6102	6102	may be:
6103	6103	(1) recorded in other counties; and
6104	6104	(2) used in evidence, as the originals may be used, on
6105	6105	the trial of the same matter in any other court when taken to that
6106	6106	court by appeal or otherwise. (Tex. Prob. Code, Sec. 89.)
6107	6107	Sec. 256.202. CUSTODY OF PROBATED WILL. An original will
6108	6108	and the probate of the will shall be deposited in the office of the
6109	6109	county clerk of the county in which the will was probated. The will
6110	6110	and probate of the will shall remain in that office except during a
6111	6111	time the will and the probate of the will are removed for inspection
6112	6112	to another place on an order of the court where the will was
6113	6113	probated. If that court orders the original will to be removed to
6114	6114	another place for inspection:
6115	6115	(1) the person removing the will shall give a receipt
6116	6116	for the will; and
6117	6117	(2) the court clerk shall make and retain a copy of the
6118	6118	will. (Tex. Prob. Code, Sec. 90.)
6119	6119	Sec. 256.203. ESTABLISHING CONTENTS OF WILL NOT IN COURT'S
6120	6120	CUSTODY. If for any reason a written will is not in the court's
6121	6121	custody, the court shall find the contents of the will by written
6122	6122	order. Certified copies of the contents as established by the order
6123	6123	may be:
6124	6124	(1) recorded in other counties; and
6125	6125	(2) used in evidence, as certified copies of written
6126	6126	wills in the custody of the court may be used. (Tex. Prob. Code,
6127	6127	Sec. 91.)
6128	6128	Sec. 256.204. PERIOD FOR CONTEST. (a) After a will is
6129	6129	admitted to probate, an interested person may commence a suit to
6130	6130	contest the validity thereof not later than the second anniversary
6131	6131	of the date the will was admitted to probate, except that an
6132	6132	interested person may commence a suit to cancel a will for forgery
6133	6133	or other fraud not later than the second anniversary of the date the
6134	6134	forgery or fraud was discovered.
6135	6135	(b) Notwithstanding Subsection (a), an incapacitated person
6136	6136	may commence the contest under that subsection on or before the
6137	6137	second anniversary of the date the person's disabilities are
6138	6138	removed. (Tex. Prob. Code, Sec. 93.)
6139	6139	CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
6140	6140	SUBCHAPTER A. AUTHORIZATION
6141	6141	Sec. 257.001. PROBATE OF WILL AS MUNIMENT OF TITLE
6142	6142	AUTHORIZED
6143	6143	[Sections 257.002-257.050 reserved for expansion]
6144	6144	SUBCHAPTER B. APPLICATION AND PROOF REQUIREMENTS
6145	6145	Sec. 257.051. CONTENTS OF APPLICATION GENERALLY
6146	6146	Sec. 257.052. FILING OF WRITTEN WILL WITH APPLICATION
6147	6147	GENERALLY REQUIRED
6148	6148	Sec. 257.053. ADDITIONAL APPLICATION REQUIREMENTS WHEN
6149	6149	NO WRITTEN WILL IS PRODUCED
6150	6150	Sec. 257.054. PROOF REQUIRED
6151	6151	[Sections 257.055-257.100 reserved for expansion]
6152	6152	SUBCHAPTER C. ORDER ADMITTING WILL; REPORT
6153	6153	Sec. 257.101. DECLARATORY JUDGMENT CONSTRUING WILL
6154	6154	Sec. 257.102. AUTHORITY OF CERTAIN PERSONS ACTING IN
6155	6155	ACCORDANCE WITH ORDER
6156	6156	Sec. 257.103. REPORT BY APPLICANT AFTER PROBATE
6157	6157	CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
6158	6158	SUBCHAPTER A. AUTHORIZATION
6159	6159	Sec. 257.001. PROBATE OF WILL AS MUNIMENT OF TITLE
6160	6160	AUTHORIZED. A court may admit a will to probate as a muniment of
6161	6161	title if the court is satisfied that the will should be admitted to
6162	6162	probate and the court:
6163	6163	(1) is satisfied that the testator's estate does not
6164	6164	owe an unpaid debt, other than any debt secured by a lien on real
6165	6165	estate; or
6166	6166	(2) finds for another reason that there is no
6167	6167	necessity for administration of the estate. (Tex. Prob. Code, Sec.
6168	6168	89C(a).)
6169	6169	[Sections 257.002-257.050 reserved for expansion]
6170	6170	SUBCHAPTER B. APPLICATION AND PROOF REQUIREMENTS
6171	6171	Sec. 257.051. CONTENTS OF APPLICATION GENERALLY. (a) An
6172	6172	application for the probate of a will as a muniment of title must
6173	6173	state and aver the following to the extent each is known to the
6174	6174	applicant or can, with reasonable diligence, be ascertained by the
6175	6175	applicant:
6176	6176	(1) each applicant's name and domicile;
6177	6177	(2) the testator's name, domicile, and, if known, age,
6178	6178	on the date of the testator's death;
6179	6179	(3) the fact, time, and place of the testator's death;
6180	6180	(4) facts showing that the court with which the
6181	6181	application is filed has venue;
6182	6182	(5) that the testator owned property, including a
6183	6183	statement generally describing the property and the property's
6184	6184	probable value;
6185	6185	(6) the date of the will;
6186	6186	(7) the name and residence of:
6187	6187	(A) any executor named in the will; and
6188	6188	(B) each subscribing witness to the will, if any;
6189	6189	(8) whether one or more children born to or adopted by
6190	6190	the testator after the testator executed the will survived the
6191	6191	testator and, if so, the name of each of those children;
6192	6192	(9) that the testator's estate does not owe an unpaid
6193	6193	debt, other than any debt secured by a lien on real estate;
6194	6194	(10) whether the testator was ever divorced and, if
6195	6195	so, when and from whom; and
6196	6196	(11) whether the state, a governmental agency of the
6197	6197	state, or a charitable organization is named in the will as a
6198	6198	devisee.
6199	6199	(b) If an applicant does not state or aver any matter
6200	6200	required by Subsection (a) in the application, the application must
6201	6201	state the reason the matter is not stated and averred. (Tex. Prob.
6202	6202	Code, Sec. 89A(a) (part).)
6203	6203	Sec. 257.052. FILING OF WRITTEN WILL WITH APPLICATION
6204	6204	GENERALLY REQUIRED. (a) An applicant for the probate of a written
6205	6205	will as a muniment of title shall file the will with the application
6206	6206	if the will is in the applicant's control.
6207	6207	(b) A will filed under Subsection (a) must remain in the
6208	6208	custody of the county clerk unless removed from the clerk's custody
6209	6209	by court order. (Tex. Prob. Code, Sec. 89A(a) (part).)
6210	6210	Sec. 257.053. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO
6211	6211	WRITTEN WILL IS PRODUCED. In addition to the requirements for an
6212	6212	application under Section 257.051, if an applicant for the probate
6213	6213	of a written will as a muniment of title cannot produce the will in
6214	6214	court, the application must state:
6215	6215	(1) the reason the will cannot be produced;
6216	6216	(2) the contents of the will, to the extent known; and
6217	6217	(3) the name, age, marital status, and address, if
6218	6218	known, and the relationship to the testator, if any, of:
6219	6219	(A) each devisee;
6220	6220	(B) each person who would inherit as an heir of
6221	6221	the testator in the absence of a valid will; and
6222	6222	(C) in the case of partial intestacy, each heir
6223	6223	of the testator. (Tex. Prob. Code, Sec. 89A(b).)
6224	6224	Sec. 257.054. PROOF REQUIRED. An applicant for the probate
6225	6225	of a will as a muniment of title must prove to the court's
6226	6226	satisfaction that:
6227	6227	(1) the testator is dead;
6228	6228	(2) four years have not elapsed since the date of the
6229	6229	testator's death and before the application;
6230	6230	(3) the court has jurisdiction and venue over the
6231	6231	estate;
6232	6232	(4) citation has been served and returned in the
6233	6233	manner and for the period required by this title;
6234	6234	(5) the testator's estate does not owe an unpaid debt,
6235	6235	other than any debt secured by a lien on real estate;
6236	6236	(6) the testator did not revoke the will; and
6237	6237	(7) if the will is not self-proved in the manner
6238	6238	provided by this title, the testator:
6239	6239	(A) executed the will with the formalities and
6240	6240	solemnities and under the circumstances required by law to make the
6241	6241	will valid; and
6242	6242	(B) at the time of executing the will was of sound
6243	6243	mind and:
6244	6244	(i) was 18 years of age or older;
6245	6245	(ii) was or had been married; or
6246	6246	(iii) was a member of the armed forces of
6247	6247	the United States, an auxiliary of the armed forces of the United
6248	6248	States, or the United States Maritime Service. (Tex. Prob. Code,
6249	6249	Sec. 89B.)
6250	6250	[Sections 257.055-257.100 reserved for expansion]
6251	6251	SUBCHAPTER C. ORDER ADMITTING WILL; REPORT
6252	6252	Sec. 257.101. DECLARATORY JUDGMENT CONSTRUING WILL. (a)
6253	6253	On application and notice as provided by Chapter 37, Civil Practice
6254	6254	and Remedies Code, the court may hear evidence and include in an
6255	6255	order probating a will as a muniment of title a declaratory
6256	6256	judgment:
6257	6257	(1) construing the will, if a question of construction
6258	6258	of the will exists; or
6259	6259	(2) determining those persons who are entitled to
6260	6260	receive property under the will and the persons' shares or
6261	6261	interests in the estate, if a person who is entitled to property
6262	6262	under the provisions of the will cannot be ascertained solely by
6263	6263	reference to the will.
6264	6264	(b) A declaratory judgment under this section is conclusive
6265	6265	in any suit between a person omitted from the judgment and a bona
6266	6266	fide purchaser for value who purchased property after entry of the
6267	6267	judgment without actual notice of the claim of the omitted person to
6268	6268	an interest in the estate.
6269	6269	(c) A person who delivered the testator's property to a
6270	6270	person declared to be entitled to the property under the
6271	6271	declaratory judgment under this section or engaged in any other
6272	6272	transaction with the person in good faith after entry of the
6273	6273	judgment is not liable to any person for actions taken in reliance
6274	6274	on the judgment. (Tex. Prob. Code, Sec. 89C(b).)
6275	6275	Sec. 257.102. AUTHORITY OF CERTAIN PERSONS ACTING IN
6276	6276	ACCORDANCE WITH ORDER. (a) An order admitting a will to probate as
6277	6277	a muniment of title constitutes sufficient legal authority for each
6278	6278	person who owes money to the testator's estate, has custody of
6279	6279	property, acts as registrar or transfer agent of any evidence of
6280	6280	interest, indebtedness, property, or right belonging to the estate,
6281	6281	or purchases from or otherwise deals with the estate, to pay or
6282	6282	transfer without administration the applicable asset without
6283	6283	liability to a person described in the will as entitled to receive
6284	6284	the asset.
6285	6285	(b) A person who is entitled to property under the
6286	6286	provisions of a will admitted to probate as a muniment of title is
6287	6287	entitled to deal with and treat the property in the same manner as
6288	6288	if the record of title to the property was vested in the person's
6289	6289	name. (Tex. Prob. Code, Sec. 89C(c).)
6290	6290	Sec. 257.103. REPORT BY APPLICANT AFTER PROBATE. (a)
6291	6291	Except as provided by Subsection (b), not later than the 180th day
6292	6292	after the date a will is admitted to probate as a muniment of title,
6293	6293	the applicant for the probate of the will shall file with the court
6294	6294	clerk a sworn affidavit stating specifically the terms of the will
6295	6295	that have been fulfilled and the terms that have not been fulfilled.
6296	6296	(b) The court may:
6297	6297	(1) waive the requirement under Subsection (a); or
6298	6298	(2) extend the time for filing the affidavit under
6299	6299	Subsection (a).
6300	6300	(c) The failure of an applicant for probate of a will to file
6301	6301	the affidavit required by Subsection (a) does not affect title to
6302	6302	property passing under the terms of the will. (Tex. Prob. Code,
6303	6303	Sec. 89C(d).)
6304	6304	CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
6305	6305	SUBCHAPTER A. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE OF WILL
6306	6306	OF WILL
6307	6307	Sec. 258.001. CITATION ON APPLICATION FOR PROBATE OF
6308	6308	WILL PRODUCED IN COURT
6309	6309	Sec. 258.002. CITATION ON APPLICATION FOR PROBATE OF
6310	6310	WILL NOT PRODUCED IN COURT
6311	6311	Sec. 258.003. COURT ACTION PROHIBITED BEFORE SERVICE
6312	6312	OF CITATION
6313	6313	[Sections 258.004-258.050 reserved for expansion]
6314	6314	SUBCHAPTER B. NOTICES WITH RESPECT TO APPLICATION TO PROBATE WILL AFTER THE PERIOD FOR PROBATE
6315	6315	AFTER THE PERIOD FOR PROBATE
6316	6316	Sec. 258.051. NOTICE TO HEIRS
6317	6317	Sec. 258.052. APPOINTMENT OF ATTORNEY AD LITEM
6318	6318	Sec. 258.053. PREVIOUSLY PROBATED WILL
6319	6319	[Sections 258.054-258.100 reserved for expansion]
6320	6320	SUBCHAPTER C. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE
6321	6321	Sec. 258.101. SERVICE BY PUBLICATION OR OTHER
6322	6322	SUBSTITUTED SERVICE
6323	6323	CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
6324	6324	SUBCHAPTER A. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE
6325	6325	OF WILL
6326	6326	Sec. 258.001. CITATION ON APPLICATION FOR PROBATE OF WILL
6327	6327	PRODUCED IN COURT. (a) On the filing with the clerk of an
6328	6328	application for the probate of a written will produced in court, the
6329	6329	clerk shall issue a citation to all parties interested in the
6330	6330	estate.
6331	6331	(b) The citation required by Subsection (a) shall be served
6332	6332	by posting and must state:
6333	6333	(1) that the application has been filed;
6334	6334	(2) the nature of the application;
6335	6335	(3) the testator's name;
6336	6336	(4) the applicant's name;
6337	6337	(5) the time when the court will act on the
6338	6338	application; and
6339	6339	(6) that any person interested in the estate may
6340	6340	appear at the time stated in the citation to contest the
6341	6341	application. (Tex. Prob. Code, Sec. 128(a) (part).)
6342	6342	Sec. 258.002. CITATION ON APPLICATION FOR PROBATE OF WILL
6343	6343	NOT PRODUCED IN COURT. (a) On the filing of an application for the
6344	6344	probate of a written will that cannot be produced in court, the
6345	6345	clerk shall issue a citation to all parties interested in the
6346	6346	estate. The citation must:
6347	6347	(1) contain substantially the statements made in the
6348	6348	application for probate;
6349	6349	(2) identify the court that will act on the
6350	6350	application; and
6351	6351	(3) state the time and place of the court's action on
6352	6352	the application.
6353	6353	(b) The citation required by Subsection (a) shall be served
6354	6354	on the testator's heirs by personal service if the heirs are
6355	6355	residents of this state and their addresses are known.
6356	6356	(c) Service of the citation required by Subsection (a) may
6357	6357	be made by publication if:
6358	6358	(1) the heirs are not residents of this state;
6359	6359	(2) the names or addresses of the heirs are unknown; or
6360	6360	(3) the heirs are transient persons. (Tex. Prob.
6361	6361	Code, Sec. 128(b).)
6362	6362	Sec. 258.003. COURT ACTION PROHIBITED BEFORE SERVICE OF
6363	6363	CITATION. A court may not act on an application for the probate of a
6364	6364	will until service of citation has been made in the manner provided
6365	6365	by this subchapter. (Tex. Prob. Code, Sec. 128(c) (part).)
6366	6366	[Sections 258.004-258.050 reserved for expansion]
6367	6367	SUBCHAPTER B. NOTICES WITH RESPECT TO APPLICATION TO PROBATE WILL
6368	6368	AFTER THE PERIOD FOR PROBATE
6369	6369	Sec. 258.051. NOTICE TO HEIRS. (a) Except as provided by
6370	6370	Subsection (c), an applicant for the probate of a will under Section
6371	6371	256.003(a) must give notice by service of process to each of the
6372	6372	testator's heirs whose address can be ascertained by the applicant
6373	6373	with reasonable diligence.
6374	6374	(b) The notice required by Subsection (a) must:
6375	6375	(1) contain a statement that:
6376	6376	(A) the testator's property will pass to the
6377	6377	testator's heirs if the will is not admitted to probate; and
6378	6378	(B) the person offering the testator's will for
6379	6379	probate may not be in default for failing to present the will for
6380	6380	probate during the four-year period immediately following the
6381	6381	testator's death; and
6382	6382	(2) be given before the probate of the testator's will.
6383	6383	(c) Notice otherwise required by Subsection (a) is not
6384	6384	required to be given to an heir who has delivered to the court an
6385	6385	affidavit signed by the heir that:
6386	6386	(1) contains the statement described by Subsection
6387	6387	(b)(1); and
6388	6388	(2) states that the heir does not object to the offer
6389	6389	of the testator's will for probate. (Tex. Prob. Code, Secs.
6390	6390	128B(a), (b), (c).)
6391	6391	Sec. 258.052. APPOINTMENT OF ATTORNEY AD LITEM. If an
6392	6392	applicant described by Section 258.051(a) cannot, with reasonable
6393	6393	diligence, ascertain the address of any of the testator's heirs,
6394	6394	the court shall appoint an attorney ad litem to protect the
6395	6395	interests of the testator's unknown heirs after an application for
6396	6396	the probate of a will is made under Section 256.003(a). (Tex. Prob.
6397	6397	Code, Sec. 128B(d).)
6398	6398	Sec. 258.053. PREVIOUSLY PROBATED WILL. With respect to an
6399	6399	application under Section 256.003(a) for the probate of a will of a
6400	6400	testator who has had another will admitted to probate, this
6401	6401	subchapter applies so as to require notice to the beneficiaries of
6402	6402	the testator's probated will instead of to the testator's heirs.
6403	6403	(Tex. Prob. Code, Sec. 128B(e).)
6404	6404	[Sections 258.054-258.100 reserved for expansion]
6405	6405	SUBCHAPTER C. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE
6406	6406	Sec. 258.101. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED
6407	6407	SERVICE. Notwithstanding any other provision of this chapter, if
6408	6408	an attempt to make service under this chapter is unsuccessful,
6409	6409	service may be made in the manner provided by Rule 109 or 109a,
6410	6410	Texas Rules of Civil Procedure, for the service of a citation on a
6411	6411	party by publication or other substituted service. (Tex. Prob.
6412	6412	Code, Sec. 129A.)
6413	6413	[Chapters 259-300 reserved for expansion]
6414	6414	SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND
6415	6415	OPENING OF ADMINISTRATION
6416	6416	CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION
6417	6417	ADMINISTRATION
6418	6418	SUBCHAPTER A. PERIOD FOR APPLICATION FOR LETTERS
6419	6419	Sec. 301.001. ADMINISTRATION BEFORE DEATH VOID
6420	6420	Sec. 301.002. PERIOD FOR FILING APPLICATION FOR
6421	6421	ADMINISTRATION
6422	6422	[Sections 301.003-301.050 reserved for expansion]
6423	6423	SUBCHAPTER B. APPLICATION REQUIREMENTS
6424	6424	Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS
6425	6425	Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF
6426	6426	ADMINISTRATION
6427	6427	[Sections 301.053-301.100 reserved for expansion]
6428	6428	SUBCHAPTER C. OPPOSITION TO CERTAIN APPLICATIONS
6429	6429	Sec. 301.101. OPPOSITION TO APPLICATION FOR LETTERS OF
6430	6430	ADMINISTRATION
6431	6431	[Sections 301.102-301.150 reserved for expansion]
6432	6432	SUBCHAPTER D. REQUIRED PROOF FOR ISSUANCE OF LETTERS
6433	6433	Sec. 301.151. GENERAL PROOF REQUIREMENTS
6434	6434	Sec. 301.152. ADDITIONAL PROOF REQUIRED FOR LETTERS
6435	6435	TESTAMENTARY
6436	6436	Sec. 301.153. ADDITIONAL PROOF REQUIRED FOR LETTERS OF
6437	6437	NECESSITY FOR ADMINISTRATION EXISTS
6438	6438	Sec. 301.154. PROOF REQUIRED WHEN LETTERS HAVE
6439	6439	PREVIOUSLY BEEN GRANTED
6440	6440	[Sections 301.155-301.200 reserved for expansion]
6441	6441	SUBCHAPTER E. PREVENTION OF ADMINISTRATION
6442	6442	Sec. 301.201. METHOD OF PREVENTING ADMINISTRATION
6443	6443	REQUESTED BY CREDITOR
6444	6444	Sec. 301.202. SUIT ON BOND
6445	6445	Sec. 301.203. BOND SECURED BY LIEN
6446	6446	CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF
6447	6447	ADMINISTRATION
6448	6448	SUBCHAPTER A. PERIOD FOR APPLICATION FOR LETTERS
6449	6449	Sec. 301.001. ADMINISTRATION BEFORE DEATH VOID. The
6450	6450	administration of an estate of a living person is void. (Tex. Prob.
6451	6451	Code, Sec. 72(a) (part).)
6452	6452	Sec. 301.002. PERIOD FOR FILING APPLICATION FOR LETTERS
6453	6453	TESTAMENTARY OR OF ADMINISTRATION. (a) Except as provided by
6454	6454	Subsection (b), an application for the grant of letters
6455	6455	testamentary or of administration of an estate must be filed not
6456	6456	later than the fourth anniversary of the decedent's death.
6457	6457	(b) This section does not apply if administration is
6458	6458	necessary to receive or recover property due a decedent's estate.
6459	6459	(Tex. Prob. Code, Sec. 74.)
6460	6460	[Sections 301.003-301.050 reserved for expansion]
6461	6461	SUBCHAPTER B. APPLICATION REQUIREMENTS
6462	6462	Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS. An executor
6463	6463	named in a will or an interested person may file an application with
6464	6464	the court for:
6465	6465	(1) the appointment of the executor named in the will;
6466	6466	or
6467	6467	(2) the appointment of an administrator, if:
6468	6468	(A) there is a will, but:
6469	6469	(i) no executor is named in the will; or
6470	6470	(ii) the executor named in the will is
6471	6471	disqualified, refuses to serve, is dead, or resigns; or
6472	6472	(B) there is no will. (Tex. Prob. Code, Sec. 76
6473	6473	(part).)
6474	6474	Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF
6475	6475	ADMINISTRATION. An application for letters of administration when
6476	6476	no will is alleged to exist must state:
6477	6477	(1) the applicant's name, domicile, and, if any,
6478	6478	relationship to the decedent;
6479	6479	(2) the decedent's name and that the decedent died
6480	6480	intestate;
6481	6481	(3) the fact, time, and place of the decedent's death;
6482	6482	(4) facts necessary to show that the court with which
6483	6483	the application is filed has venue;
6484	6484	(5) whether the decedent owned property and, if so,
6485	6485	include a statement of the property's probable value;
6486	6486	(6) the name, age, marital status, and address, if
6487	6487	known, and the relationship to the decedent of each of the
6488	6488	decedent's heirs;
6489	6489	(7) if known by the applicant at the time the applicant
6490	6490	files the application, whether one or more children were born to or
6491	6491	adopted by the decedent and, if so, the name, birth date, and place
6492	6492	of birth of each child;
6493	6493	(8) if known by the applicant at the time the applicant
6494	6494	files the application, whether the decedent was ever divorced and,
6495	6495	if so, when and from whom;
6496	6496	(9) that a necessity exists for administration of the
6497	6497	decedent's estate and an allegation of the facts that show that
6498	6498	necessity; and
6499	6499	(10) that the applicant is not disqualified by law
6500	6500	from acting as administrator. (Tex. Prob. Code, Sec. 82.)
6501	6501	[Sections 301.053-301.100 reserved for expansion]
6502	6502	SUBCHAPTER C. OPPOSITION TO CERTAIN APPLICATIONS
6503	6503	Sec. 301.101. OPPOSITION TO APPLICATION FOR LETTERS OF
6504	6504	ADMINISTRATION. An interested person may, at any time before an
6505	6505	application for letters of administration is granted, file an
6506	6506	opposition to the application in writing and may apply for the grant
6507	6507	of letters to the interested person or any other person. On the
6508	6508	trial, the court, considering the applicable provisions of this
6509	6509	code, shall grant letters to the person that seems best entitled to
6510	6510	the letters without notice other than the notice given on the
6511	6511	original application. (Tex. Prob. Code, Sec. 179.)
6512	6512	[Sections 301.102-301.150 reserved for expansion]
6513	6513	SUBCHAPTER D. REQUIRED PROOF FOR ISSUANCE OF LETTERS
6514	6514	Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for
6515	6515	the issuance of letters testamentary or of administration of an
6516	6516	estate must prove to the court's satisfaction that:
6517	6517	(1) the person whose estate is the subject of the
6518	6518	application is dead;
6519	6519	(2) four years have not elapsed since the date of the
6520	6520	decedent's death and before the application;
6521	6521	(3) the court has jurisdiction and venue over the
6522	6522	estate;
6523	6523	(4) citation has been served and returned in the
6524	6524	manner and for the period required by this title; and
6525	6525	(5) the person for whom letters testamentary or of
6526	6526	administration are sought is entitled by law to the letters and is
6527	6527	not disqualified. (Tex. Prob. Code, Sec. 88(a) (part).)
6528	6528	Sec. 301.152. ADDITIONAL PROOF REQUIRED FOR LETTERS
6529	6529	TESTAMENTARY. If letters testamentary are to be granted, it must
6530	6530	appear to the court that:
6531	6531	(1) the proof required for the probate of the will has
6532	6532	been made; and
6533	6533	(2) the person to whom the letters are to be granted is
6534	6534	named as executor in the will. (Tex. Prob. Code, Sec. 88(c).)
6535	6535	Sec. 301.153. ADDITIONAL PROOF REQUIRED FOR LETTERS OF
6536	6536	ADMINISTRATION; EFFECT OF FINDING NO NECESSITY FOR ADMINISTRATION
6537	6537	EXISTS. (a) If letters of administration are to be granted, the
6538	6538	applicant for the letters must prove to the court's satisfaction
6539	6539	that a necessity for an administration of the estate exists.
6540	6540	(b) If an application is filed for letters of administration
6541	6541	but the court finds that no necessity for an administration of the
6542	6542	estate exists, the court shall recite in the court's order refusing
6543	6543	the application that no necessity for an administration exists.
6544	6544	(c) A court order containing a recital that no necessity for
6545	6545	an administration of the estate exists constitutes sufficient legal
6546	6546	authority for each person who owes money, has custody of property,
6547	6547	or acts as registrar or transfer agent of any evidence of interest,
6548	6548	indebtedness, property, or right belonging to the estate, and to
6549	6549	each person purchasing or otherwise dealing with the estate, for
6550	6550	payment or transfer to the distributees.
6551	6551	(d) A distributee is entitled to enforce by suit the
6552	6552	distributee's right to payment or transfer described by Subsection
6553	6553	(c). (Tex. Prob. Code, Secs. 88(d), 180.)
6554	6554	Sec. 301.154. PROOF REQUIRED WHEN LETTERS HAVE PREVIOUSLY
6555	6555	BEEN GRANTED. If letters testamentary or of administration have
6556	6556	previously been granted with respect to an estate, an applicant for
6557	6557	the granting of subsequent letters must show only that the person
6558	6558	for whom the letters are sought is entitled by law to the letters
6559	6559	and is not disqualified. (Tex. Prob. Code, Sec. 88(e).)
6560	6560	[Sections 301.155-301.200 reserved for expansion]
6561	6561	SUBCHAPTER E. PREVENTION OF ADMINISTRATION
6562	6562	Sec. 301.201. METHOD OF PREVENTING ADMINISTRATION
6563	6563	REQUESTED BY CREDITOR. (a) If a creditor files an application for
6564	6564	letters of administration of an estate, another interested person
6565	6565	who does not desire the administration can defeat the application
6566	6566	by:
6567	6567	(1) paying the creditor's claim;
6568	6568	(2) proving to the court's satisfaction that the
6569	6569	creditor's claim is fictitious, fraudulent, illegal, or barred by
6570	6570	limitation; or
6571	6571	(3) executing a bond that is:
6572	6572	(A) payable to, and to be approved by, the judge
6573	6573	in an amount that is twice the amount of the creditor's claim; and
6574	6574	(B) conditioned on the obligors paying the claim
6575	6575	on the establishment of the claim by suit in any court in the county
6576	6576	having jurisdiction of the amount.
6577	6577	(b) A bond executed and approved under Subsection (a)(3)
6578	6578	must be filed with the county clerk. (Tex. Prob. Code, Secs. 80(a),
6579	6579	(b) (part).)
6580	6580	Sec. 301.202. SUIT ON BOND. Any creditor for whose
6581	6581	protection a bond is executed under Section 301.201(a)(3) may sue
6582	6582	on the bond in the creditor's own name to recover the creditor's
6583	6583	claim. (Tex. Prob. Code, Sec. 80(b) (part).)
6584	6584	Sec. 301.203. BOND SECURED BY LIEN. If a bond is executed
6585	6585	and approved under Section 301.201(a)(3), a lien exists on all of
6586	6586	the estate in the possession of the distributees, and those
6587	6587	claiming under the distributees with notice of the lien, to secure
6588	6588	the ultimate payment of the bond. (Tex. Prob. Code, Sec. 80(c).)
6589	6589	[Chapter 302 reserved for expansion]
6590	6590	CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING OF ADMINISTRATION
6591	6591	ADMINISTRATION
6592	6592	Sec. 303.001. CITATION ON APPLICATION FOR ISSUANCE OF
6593	6593	LETTERS OF ADMINISTRATION
6594	6594	Sec. 303.002. COURT ACTION PROHIBITED BEFORE SERVICE
6595	6595	OF CITATION
6596	6596	Sec. 303.003. SERVICE BY PUBLICATION OR OTHER
6597	6597	SUBSTITUTED SERVICE
6598	6598	CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING OF
6599	6599	ADMINISTRATION
6600	6600	Sec. 303.001. CITATION ON APPLICATION FOR ISSUANCE OF
6601	6601	LETTERS OF ADMINISTRATION. (a) On the filing with the clerk of an
6602	6602	application for letters of administration, the clerk shall issue a
6603	6603	citation to all parties interested in the estate.
6604	6604	(b) The citation required by Subsection (a) shall be served
6605	6605	by posting and must state:
6606	6606	(1) that the application has been filed;
6607	6607	(2) the nature of the application;
6608	6608	(3) the decedent's name;
6609	6609	(4) the applicant's name;
6610	6610	(5) the time when the court will act on the
6611	6611	application; and
6612	6612	(6) that any person interested in the estate may
6613	6613	appear at the time stated in the citation to contest the
6614	6614	application. (Tex. Prob. Code, Sec. 128(a) (part).)
6615	6615	Sec. 303.002. COURT ACTION PROHIBITED BEFORE SERVICE OF
6616	6616	CITATION. A court may not act on an application for the issuance of
6617	6617	letters of administration until service of citation has been made
6618	6618	in the manner provided by this chapter. (Tex. Prob. Code, Sec.
6619	6619	128(c) (part).)
6620	6620	Sec. 303.003. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED
6621	6621	SERVICE. Notwithstanding any other provision of this chapter, if
6622	6622	an attempt to make service under this chapter is unsuccessful,
6623	6623	service may be made in the manner provided by Rule 109 or 109a,
6624	6624	Texas Rules of Civil Procedure, for the service of a citation on a
6625	6625	party by publication or other substituted service. (Tex. Prob.
6626	6626	Code, Sec. 129A.)
6627	6627	CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
6628	6628	Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS
6629	6629	PERSONAL REPRESENTATIVE
6630	6630	Sec. 304.002. RENOUNCING RIGHT TO SERVE AS PERSONAL
6631	6631	REPRESENTATIVE
6632	6632	Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS
6633	6633	EXECUTOR OR ADMINISTRATOR
6634	6634	CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
6635	6635	Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS
6636	6636	PERSONAL REPRESENTATIVE. (a) The court shall grant letters
6637	6637	testamentary or of administration to persons qualified to act, in
6638	6638	the following order:
6639	6639	(1) the person named as executor in the decedent's
6640	6640	will;
6641	6641	(2) the decedent's surviving spouse;
6642	6642	(3) the principal devisee of the decedent;
6643	6643	(4) any devisee of the decedent;
6644	6644	(5) the next of kin of the decedent;
6645	6645	(6) a creditor of the decedent;
6646	6646	(7) any person of good character residing in the
6647	6647	county who applies for the letters; and
6648	6648	(8) any other person who is not disqualified under
6649	6649	Section 304.003.
6650	6650	(b) For purposes of Subsection (a)(5), the decedent's next
6651	6651	of kin:
6652	6652	(1) is determined in accordance with order of descent,
6653	6653	with the person nearest in order of descent first, and so on; and
6654	6654	(2) includes a person and the person's descendants who
6655	6655	legally adopted the decedent or who have been legally adopted by the
6656	6656	decedent.
6657	6657	(c) If applicants for letters testamentary or of
6658	6658	administration are equally entitled to the letters, the court:
6659	6659	(1) shall grant the letters to the applicant who, in
6660	6660	the judgment of the court, is most likely to administer the estate
6661	6661	advantageously; or
6662	6662	(2) may grant the letters to two or more of those
6663	6663	applicants. (Tex. Prob. Code, Sec. 77.)
6664	6664	Sec. 304.002. RENOUNCING RIGHT TO SERVE AS PERSONAL
6665	6665	REPRESENTATIVE. A decedent's surviving spouse, or, if there is no
6666	6666	surviving spouse, the heirs or any one of the heirs of the decedent
6667	6667	to the exclusion of any person not equally entitled to letters
6668	6668	testamentary or of administration, may renounce the right to the
6669	6669	letters in favor of another qualified person in open court or by a
6670	6670	power of attorney authenticated and filed with the county clerk of
6671	6671	the county where the application for the letters is filed. After
6672	6672	the right to the letters has been renounced, the court may grant the
6673	6673	letters to the other qualified person. (Tex. Prob. Code, Sec. 79.)
6674	6674	Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
6675	6675	ADMINISTRATOR. A person is not qualified to serve as an executor or
6676	6676	administrator if the person is:
6677	6677	(1) incapacitated;
6678	6678	(2) a felon convicted under the laws of the United
6679	6679	States or of any state of the United States unless, in accordance
6680	6680	with law, the person has been pardoned or has had the person's civil
6681	6681	rights restored;
6682	6682	(3) a nonresident of this state who:
6683	6683	(A) is a natural person or corporation; and
6684	6684	(B) has not:
6685	6685	(i) appointed a resident agent to accept
6686	6686	service of process in all actions or proceedings with respect to the
6687	6687	estate; or
6688	6688	(ii) had that appointment filed with the
6689	6689	court;
6690	6690	(4) a corporation not authorized to act as a fiduciary
6691	6691	in this state; or
6692	6692	(5) a person whom the court finds unsuitable. (Tex.
6693	6693	Prob. Code, Sec. 78.)
6694	6694	CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
6695	6695	SUBCHAPTER A. GENERAL PROVISIONS
6696	6696	Sec. 305.001. DEFINITIONS
6697	6697	Sec. 305.002. MANNER OF QUALIFICATION OF PERSONAL
6698	6698	REPRESENTATIVE
6699	6699	Sec. 305.003. PERIOD FOR TAKING OATH AND GIVING BOND
6700	6700	[Sections 305.004-305.050 reserved for expansion]
6701	6701	SUBCHAPTER B. OATHS
6702	6702	Sec. 305.051. OATH OF EXECUTOR OR ADMINISTRATOR WITH
6703	6703	WILL ANNEXED
6704	6704	Sec. 305.052. OATH OF ADMINISTRATOR
6705	6705	Sec. 305.053. OATH OF TEMPORARY ADMINISTRATOR
6706	6706	Sec. 305.054. ADMINISTRATION OF OATH
6707	6707	Sec. 305.055. FILING AND RECORDING OF OATH
6708	6708	[Sections 305.056-305.100 reserved for expansion]
6709	6709	SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
6710	6710	Sec. 305.101. BOND GENERALLY REQUIRED; EXCEPTIONS
6711	6711	Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE
6712	6712	EXEMPT
6713	6713	Sec. 305.103. BONDS OF JOINT PERSONAL REPRESENTATIVES
6714	6714	Sec. 305.104. BOND OF MARRIED PERSON
6715	6715	Sec. 305.105. BOND OF MARRIED PERSON UNDER 18 YEARS OF
6716	6716	AGE
6717	6717	Sec. 305.106. GENERAL FORMALITIES
6718	6718	Sec. 305.107. SUBSCRIPTION OF BOND BY PRINCIPALS AND
6719	6719	SURETIES
6720	6720	Sec. 305.108. FORM OF BOND
6721	6721	Sec. 305.109. FILING OF BOND
6722	6722	Sec. 305.110. FAILURE TO GIVE BOND
6723	6723	Sec. 305.111. BOND NOT VOID ON FIRST RECOVERY
6724	6724	[Sections 305.112-305.150 reserved for expansion]
6725	6725	SUBCHAPTER D. AMOUNT OF BOND AND ASSOCIATED DEPOSITS
6726	6726	Sec. 305.151. GENERAL STANDARD REGARDING AMOUNT OF
6727	6727	BOND
6728	6728	Sec. 305.152. EVIDENTIARY HEARING ON AMOUNT OF BOND
6729	6729	Sec. 305.153. SPECIFIC BOND AMOUNT
6730	6730	Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE
6731	6731	ASSETS
6732	6732	Sec. 305.155. DEPOSIT OF ESTATE ASSETS ON TERMS
6733	6733	PRESCRIBED BY COURT
6734	6734	Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE
6735	6735	Sec. 305.157. RECEIPT FOR DEPOSITS OF PERSONAL
6736	6736	REPRESENTATIVE
6737	6737	Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY
6738	6738	PERSONAL REPRESENTATIVE
6739	6739	Sec. 305.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF
6740	6740	ADMINISTRATION
6741	6741	Sec. 305.160. INCREASED OR ADDITIONAL BONDS IN CERTAIN
6742	6742	CIRCUMSTANCES
6743	6743	[Sections 305.161-305.200 reserved for expansion]
6744	6744	SUBCHAPTER E. BOND SURETIES
6745	6745	Sec. 305.201. PERSONAL OR AUTHORIZED CORPORATE
6746	6746	SURETIES
6747	6747	Sec. 305.202. SURETIES FOR CERTAIN BONDS
6748	6748	Sec. 305.203. AFFIDAVIT OF PERSONAL SURETY
6749	6749	Sec. 305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL
6750	6750	SURETIES
6751	6751	Sec. 305.205. SUBORDINATION OF LIEN ON REAL PROPERTY
6752	6752	OWNED BY PERSONAL SURETIES
6753	6753	Sec. 305.206. RELEASE OF LIEN ON REAL PROPERTY OWNED
6754	6754	BY PERSONAL SURETIES
6755	6755	Sec. 305.207. DEPOSITS BY PERSONAL SURETY
6756	6756	[Sections 305.208-305.250 reserved for expansion]
6757	6757	SUBCHAPTER F. NEW BONDS
6758	6758	Sec. 305.251. GROUNDS FOR REQUIRING NEW BOND
6759	6759	Sec. 305.252. COURT ORDER OR CITATION ON NEW BOND
6760	6760	Sec. 305.253. SHOW CAUSE HEARING ON NEW BOND
6761	6761	REQUIREMENT
6762	6762	Sec. 305.254. EFFECT OF ORDER REQUIRING NEW BOND
6763	6763	Sec. 305.255. NEW BOND IN DECREASED AMOUNT
6764	6764	Sec. 305.256. REQUEST BY SURETY FOR NEW BOND
6765	6765	Sec. 305.257. DISCHARGE OF FORMER SURETIES ON
6766	6766	EXECUTION OF NEW BOND
6767	6767	CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
6768	6768	SUBCHAPTER A. GENERAL PROVISIONS
6769	6769	Sec. 305.001. DEFINITIONS. In this chapter:
6770	6770	(1) "Bond" means a bond required by this chapter to be
6771	6771	given by a person appointed to serve as a personal representative.
6772	6772	(2) "Oath" means an oath required by this chapter to be
6773	6773	taken by a person appointed to serve as a personal representative.
6774	6774	(New.)
6775	6775	Sec. 305.002. MANNER OF QUALIFICATION OF PERSONAL
6776	6776	REPRESENTATIVE. (a) A personal representative, other than an
6777	6777	executor described by Subsection (b), is considered to have
6778	6778	qualified when the representative has:
6779	6779	(1) taken and filed the oath prescribed by Subchapter
6780	6780	B;
6781	6781	(2) given the required bond;
6782	6782	(3) obtained the judge's approval of the bond; and
6783	6783	(4) filed the bond with the clerk.
6784	6784	(b) An executor who is not required to give a bond is
6785	6785	considered to have qualified when the executor has taken and filed
6786	6786	the oath prescribed by Subchapter B. (Tex. Prob. Code, Sec. 189.)
6787	6787	Sec. 305.003. PERIOD FOR TAKING OATH AND GIVING BOND. An
6788	6788	oath may be taken and subscribed and a bond may be given and
6789	6789	approved at any time before:
6790	6790	(1) the 21st day after the date of the order granting
6791	6791	letters testamentary or of administration, as applicable; or
6792	6792	(2) the letters testamentary or of administration, as
6793	6793	applicable, are revoked for a failure to qualify within the period
6794	6794	allowed. (Tex. Prob. Code, Sec. 192 (part).)
6795	6795	[Sections 305.004-305.050 reserved for expansion]
6796	6796	SUBCHAPTER B. OATHS
6797	6797	Sec. 305.051. OATH OF EXECUTOR OR ADMINISTRATOR WITH WILL
6798	6798	ANNEXED. Before the issuance of letters testamentary or letters of
6799	6799	administration with the will annexed, the person named as executor
6800	6800	or appointed as administrator with the will annexed shall take and
6801	6801	subscribe an oath in substantially the following form:
6802	6802	I do solemnly swear that the writing offered for probate is
6803	6803	the last will of ________ (insert name of testator), so far as I
6804	6804	know or believe, and that I will well and truly perform all the
6805	6805	duties of __________ (insert "executor of the will" or
6806	6806	"administrator with the will annexed," as applicable) for the
6807	6807	estate of _______ (insert name of testator). (Tex. Prob. Code, Sec.
6808	6808	190(a).)
6809	6809	Sec. 305.052. OATH OF ADMINISTRATOR. Before the issuance
6810	6810	of letters of administration, the person appointed as administrator
6811	6811	shall take and subscribe an oath in substantially the following
6812	6812	form:
6813	6813	I do solemnly swear that ___________ (insert name of
6814	6814	decedent), deceased, died _______ (insert "without leaving any
6815	6815	lawful will" or "leaving a lawful will, but the executor named in
6816	6816	the will is dead or has failed to offer the will for probate or to
6817	6817	accept and qualify as executor, within the period required," as
6818	6818	applicable), so far as I know or believe, and that I will well and
6819	6819	truly perform all the duties of administrator of the estate of the
6820	6820	deceased. (Tex. Prob. Code, Sec. 190(b).)
6821	6821	Sec. 305.053. OATH OF TEMPORARY ADMINISTRATOR. Before the
6822	6822	issuance of temporary letters of administration, the person
6823	6823	appointed as temporary administrator shall take and subscribe an
6824	6824	oath in substantially the following form:
6825	6825	I do solemnly swear that I will well and truly perform the
6826	6826	duties of temporary administrator of the estate of __________
6827	6827	(insert name of decedent), deceased, in accordance with the law,
6828	6828	and with the order of the court appointing me as temporary
6829	6829	administrator. (Tex. Prob. Code, Sec. 190(c).)
6830	6830	Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken
6831	6831	before any person authorized to administer oaths under the laws of
6832	6832	this state. (Tex. Prob. Code, Secs. 190(d) (part), 192 (part).)
6833	6833	Sec. 305.055. FILING AND RECORDING OF OATH. An oath shall
6834	6834	be:
6835	6835	(1) filed with the clerk of the court granting the
6836	6836	letters testamentary or of administration, as applicable; and
6837	6837	(2) recorded in the minutes of that court. (Tex. Prob.
6838	6838	Code, Sec. 190(d) (part).)
6839	6839	[Sections 305.056-305.100 reserved for expansion]
6840	6840	SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS
6841	6841	Sec. 305.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a)
6842	6842	Except as otherwise provided by this title, a person to whom letters
6843	6843	testamentary or of administration will be issued must enter into a
6844	6844	bond before issuance of the letters.
6845	6845	(b) Letters testamentary shall be issued without the
6846	6846	requirement of a bond to a person named as executor in a will
6847	6847	probated in a court of this state if:
6848	6848	(1) the will directs that no bond or security be
6849	6849	required of the person; and
6850	6850	(2) the court finds that the person is qualified.
6851	6851	(c) A bond is not required if a personal representative is a
6852	6852	corporate fiduciary. (Tex. Prob. Code, Secs. 194 (part), 195.)
6853	6853	Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE EXEMPT.
6854	6854	(a) This section applies only to an estate for which an executor
6855	6855	was appointed under a will, but from whom no bond was required.
6856	6856	(b) A person who has a debt, claim, or demand against the
6857	6857	estate, with respect to the justice of which the person or the
6858	6858	person's agent or attorney has made an oath, or another person
6859	6859	interested in the estate, whether in person or as the
6860	6860	representative of another, may file a written complaint in the
6861	6861	court where the will is probated.
6862	6862	(c) On the filing of the complaint, the court shall cite the
6863	6863	executor to appear and show cause why the executor should not be
6864	6864	required to give a bond.
6865	6865	(d) On hearing the complaint, the court shall enter an order
6866	6866	requiring the executor to give a bond not later than the 10th day
6867	6867	after the date of the order if it appears to the court that:
6868	6868	(1) the executor is wasting, mismanaging, or
6869	6869	misapplying the estate; and
6870	6870	(2) as a result of conduct described by Subdivision
6871	6871	(1):
6872	6872	(A) a creditor may probably lose the creditor's
6873	6873	debt; or
6874	6874	(B) a person's interest in the estate may be
6875	6875	diminished or lost.
6876	6876	(e) A bond required under this section must be:
6877	6877	(1) in an amount sufficient to protect the estate and
6878	6878	the estate's creditors;
6879	6879	(2) payable to and approved by the judge; and
6880	6880	(3) conditioned that the executor:
6881	6881	(A) will well and truly administer the estate;
6882	6882	and
6883	6883	(B) will not waste, mismanage, or misapply the
6884	6884	estate.
6885	6885	(f) If the executor fails to give a bond required under this
6886	6886	section on or before the 10th day after the date of the order and the
6887	6887	judge has not extended the period for giving the bond, the judge,
6888	6888	without citation, shall remove the executor and appoint a competent
6889	6889	person in the executor's place who shall administer the estate
6890	6890	according to the will and law. Before entering into the
6891	6891	administration of the estate, the appointed person must:
6892	6892	(1) take the oath required of an administrator with
6893	6893	the will annexed under Section 305.051; and
6894	6894	(2) give a bond in the manner and amount provided by
6895	6895	this chapter for the issuance of original letters of
6896	6896	administration. (Tex. Prob. Code, Secs. 214, 215, 216, 217.)
6897	6897	Sec. 305.103. BONDS OF JOINT PERSONAL REPRESENTATIVES. If
6898	6898	two or more persons are appointed as personal representatives of an
6899	6899	estate and are required by this chapter or by the court to give a
6900	6900	bond, the court may require:
6901	6901	(1) a separate bond from each person; or
6902	6902	(2) a joint bond from all of the persons. (Tex. Prob.
6903	6903	Code, Sec. 198.)
6904	6904	Sec. 305.104. BOND OF MARRIED PERSON. (a) A married person
6905	6905	appointed as a personal representative may execute a bond required
6906	6906	by law:
6907	6907	(1) jointly with the person's spouse; or
6908	6908	(2) separately without the person's spouse.
6909	6909	(b) A bond executed by a married person binds the person's
6910	6910	separate estate, but does not bind the person's spouse unless the
6911	6911	spouse signed the bond. (Tex. Prob. Code, Sec. 199.)
6912	6912	Sec. 305.105. BOND OF MARRIED PERSON UNDER 18 YEARS OF AGE.
6913	6913	Any bond required to be executed by a person who is under 18 years of
6914	6914	age, is or has been married, and accepts and qualifies as an
6915	6915	executor or administrator is as valid and binding for all purposes
6916	6916	as if the person were of legal age. (Tex. Prob. Code, Sec. 200.)
6917	6917	Sec. 305.106. GENERAL FORMALITIES. A bond required under
6918	6918	Section 305.101(a) must:
6919	6919	(1) be conditioned as required by law;
6920	6920	(2) be payable to the judge and the judge's successors
6921	6921	in office;
6922	6922	(3) bear the written approval of the judge in the
6923	6923	judge's official capacity; and
6924	6924	(4) be executed and approved in accordance with this
6925	6925	chapter. (Tex. Prob. Code, Sec. 194 (part).)
6926	6926	Sec. 305.107. SUBSCRIPTION OF BOND BY PRINCIPALS AND
6927	6927	SURETIES. A bond required under Section 305.101 shall be
6928	6928	subscribed by both principals and sureties. (Tex. Prob. Code, Sec.
6929	6929	197 (part).)
6930	6930	Sec. 305.108. FORM OF BOND. The following form, or a form
6931	6931	with the same substance, may be used for the bond of a personal
6932	6932	representative:
6933	6933	The State of Texas
6934	6934	County of ________
6935	6935	Know all persons by these presents that we, _______ (insert
6936	6936	name of each principal), as principal, and _______ (insert name of
6937	6937	each surety), as sureties, are held and firmly bound unto the judge
6938	6938	of ____________ (insert reference to appropriate judge), and that
6939	6939	judge's successors in office, in the sum of _____ dollars,
6940	6940	conditioned that the above bound principal or principals, appointed
6941	6941	as _______ (insert "executor of the last will and testament,"
6942	6942	"administrator with the will annexed of the estate," "administrator
6943	6943	of the estate," or "temporary administrator of the estate," as
6944	6944	applicable) of _______ (insert name of decedent), deceased, shall
6945	6945	well and truly perform all of the duties required of the principal
6946	6946	or principals by law under that appointment. (Tex. Prob. Code, Sec.
6947	6947	196.)
6948	6948	Sec. 305.109. FILING OF BOND. A bond required under Section
6949	6949	305.101 shall be filed with the clerk after the court approves the
6950	6950	bond. (Tex. Prob. Code, Sec. 197 (part).)
6951	6951	Sec. 305.110. FAILURE TO GIVE BOND. Another person may be
6952	6952	appointed as personal representative to replace a personal
6953	6953	representative who at any time fails to give a bond as required by
6954	6954	the court in the period prescribed by this chapter. (Tex. Prob.
6955	6955	Code, Sec. 213.)
6956	6956	Sec. 305.111. BOND NOT VOID ON FIRST RECOVERY. A personal
6957	6957	representative's bond does not become void on the first recovery
6958	6958	but may be put in suit and prosecuted from time to time until the
6959	6959	entire amount of the bond has been recovered. (Tex. Prob. Code,
6960	6960	Sec. 218.)
6961	6961	[Sections 305.112-305.150 reserved for expansion]
6962	6962	SUBCHAPTER D. AMOUNT OF BOND AND ASSOCIATED DEPOSITS
6963	6963	Sec. 305.151. GENERAL STANDARD REGARDING AMOUNT OF BOND.
6964	6964	(a) The judge shall set the amount of a bond, in an amount
6965	6965	considered sufficient to protect the estate and the estate's
6966	6966	creditors, as provided by this chapter.
6967	6967	(b) Notwithstanding Subsection (a) or other provisions
6968	6968	generally applicable to bonds of personal representatives, if the
6969	6969	person to whom letters testamentary or of administration are
6970	6970	granted is entitled to all of the decedent's estate after payment of
6971	6971	debts, a bond shall be in an amount sufficient to protect creditors
6972	6972	only. (Tex. Prob. Code, Sec. 194, Subdivs. 1, 2.)
6973	6973	Sec. 305.152. EVIDENTIARY HEARING ON AMOUNT OF BOND.
6974	6974	Before setting the amount of a bond, the court shall hear evidence
6975	6975	and determine:
6976	6976	(1) the amount of cash on hand and where that cash is
6977	6977	deposited;
6978	6978	(2) the amount of cash estimated to be needed for
6979	6979	administrative purposes, including operation of a business,
6980	6980	factory, farm, or ranch owned by the estate, and expenses of
6981	6981	administration for one year;
6982	6982	(3) the revenue anticipated to be received in the
6983	6983	succeeding 12 months from dividends, interest, rentals, or use of
6984	6984	property belonging to the estate and the aggregate amount of any
6985	6985	installments or periodic payments to be collected;
6986	6986	(4) the estimated value of certificates of stock,
6987	6987	bonds, notes, or other securities of the estate and the name of the
6988	6988	depository, if any, in which those assets are deposited;
6989	6989	(5) the face value of life insurance or other policies
6990	6990	payable to the person on whose estate administration is sought or to
6991	6991	the estate;
6992	6992	(6) the estimated value of other personal property
6993	6993	owned by the estate; and
6994	6994	(7) the estimated amount of debts due and owing by the
6995	6995	estate. (Tex. Prob. Code, Sec. 194, Subdiv. 3.)
6996	6996	Sec. 305.153. SPECIFIC BOND AMOUNT. (a) Except as
6997	6997	otherwise provided by this section, the judge shall set the bond in
6998	6998	an amount equal to the sum of:
6999	6999	(1) the estimated value of all personal property
7000	7000	belonging to the estate; and
7001	7001	(2) an additional amount to cover revenue anticipated
7002	7002	to be derived during the succeeding 12 months from:
7003	7003	(A) interest and dividends;
7004	7004	(B) collectible claims;
7005	7005	(C) the aggregate amount of any installments or
7006	7006	periodic payments, excluding income derived or to be derived from
7007	7007	federal social security payments; and
7008	7008	(D) rentals for the use of property.
7009	7009	(b) The judge shall reduce the amount of the original bond
7010	7010	under Subsection (a) in proportion to the amount of cash or the
7011	7011	value of securities or other assets:
7012	7012	(1) authorized or required to be deposited by court
7013	7013	order; or
7014	7014	(2) voluntarily deposited by the personal
7015	7015	representative or the sureties on the representative's bond, as
7016	7016	provided by Sections 305.155 and 305.156.
7017	7017	(c) A bond required to be given by a temporary administrator
7018	7018	shall be in the amount that the judge directs. (Tex. Prob. Code,
7019	7019	Sec. 194, Subdivs. 4, 13.)
7020	7020	Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS.
7021	7021	(a) A personal representative may agree with the surety or sureties
7022	7022	on a bond, either corporate or personal, for the deposit of any cash
7023	7023	and other estate assets in a depository described by Subsection
7024	7024	(c), if the deposit is otherwise proper, in a manner that prevents
7025	7025	the withdrawal of the cash or other assets without:
7026	7026	(1) the written consent of the surety or sureties; or
7027	7027	(2) a court order entered after notice to the surety or
7028	7028	sureties as directed by the court.
7029	7029	(b) The court may require the action described by Subsection
7030	7030	(a) if the court considers that action to be in the best interest of
7031	7031	the estate.
7032	7032	(c) Cash and assets must be deposited under this section in
7033	7033	a financial institution, as defined by Section 201.101, Finance
7034	7034	Code, that:
7035	7035	(1) has its main office or a branch office in this
7036	7036	state; and
7037	7037	(2) is qualified to act as a depository in this state
7038	7038	under the laws of this state or the United States.
7039	7039	(d) An agreement under this section may not release the
7040	7040	principal or sureties from liability, or change the liability of
7041	7041	the principal or sureties, as established by the terms of the bond.
7042	7042	(Tex. Prob. Code, Sec. 194, Subdiv. 5.)
7043	7043	Sec. 305.155. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED
7044	7044	BY COURT. (a) Cash, securities, or other personal assets of an
7045	7045	estate or to which the estate is entitled may or, if considered by
7046	7046	the court to be in the best interest of the estate, shall, be
7047	7047	deposited in one or more depositories described by Section
7048	7048	305.154(c) on terms prescribed by the court.
7049	7049	(b) The court in which the proceedings are pending may
7050	7050	authorize or require additional estate assets currently on hand or
7051	7051	that accrue during the pendency of the proceedings to be deposited
7052	7052	as provided by Subsection (a) on:
7053	7053	(1) the court's own motion; or
7054	7054	(2) the written application of the personal
7055	7055	representative or any other person interested in the estate.
7056	7056	(c) The amount of the bond required to be given by the
7057	7057	personal representative shall be reduced in proportion to the
7058	7058	amount of the cash and the value of the securities or other assets
7059	7059	deposited under this section.
7060	7060	(d) Cash, securities, or other assets deposited under this
7061	7061	section may be withdrawn in whole or in part from the depository
7062	7062	only in accordance with a court order, and the amount of the
7063	7063	personal representative's bond shall be increased in proportion to
7064	7064	the amount of the cash and the value of the securities or other
7065	7065	assets authorized to be withdrawn. (Tex. Prob. Code, Sec. 194,
7066	7066	Subdiv. 6.)
7067	7067	Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE. (a)
7068	7068	Instead of giving a surety or sureties on a bond, or to reduce the
7069	7069	amount of a bond, a personal representative may deposit the
7070	7070	representative's own cash or securities acceptable to the court
7071	7071	with a depository described by Subsection (b), if the deposit is
7072	7072	otherwise proper.
7073	7073	(b) Cash or securities must be deposited under this section
7074	7074	in:
7075	7075	(1) a depository described by Section 305.154(c); or
7076	7076	(2) any other corporate depository approved by the
7077	7077	court.
7078	7078	(c) A deposit may be in an amount or value equal to the
7079	7079	amount of the bond required or in a lesser amount or value, in which
7080	7080	case the amount of the bond is reduced by the amount or value of the
7081	7081	deposit.
7082	7082	(d) The amount of cash or securities on deposit may be
7083	7083	increased or decreased, by court order from time to time, as the
7084	7084	interest of the estate requires.
7085	7085	(e) A deposit of cash or securities made instead of a surety
7086	7086	or sureties on a bond may be withdrawn or released only on order of a
7087	7087	court having jurisdiction.
7088	7088	(f) A creditor has the same rights against a personal
7089	7089	representative and deposits made under this section as are provided
7090	7090	for recovery against sureties on a bond. (Tex. Prob. Code, Sec. 194,
7091	7091	Subdivs. 7, 8(b), (c), (d).)
7092	7092	Sec. 305.157. RECEIPT FOR DEPOSITS OF PERSONAL
7093	7093	REPRESENTATIVE. (a) A depository that receives a deposit made
7094	7094	under Section 305.156 instead of a surety or sureties on a bond
7095	7095	shall issue a receipt for the deposit that:
7096	7096	(1) shows the amount of cash deposited or the amount
7097	7097	and description of the securities deposited, as applicable; and
7098	7098	(2) states that the depository agrees to disburse or
7099	7099	deliver the cash or securities only on receipt of a certified copy
7100	7100	of an order of the court in which the proceedings are pending.
7101	7101	(b) A receipt issued by a depository under Subsection (a)
7102	7102	shall be attached to the personal representative's bond and be
7103	7103	delivered to and filed by the county clerk after approval by the
7104	7104	judge. (Tex. Prob. Code, Sec. 194, Subdiv. 8(a).)
7105	7105	Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY PERSONAL
7106	7106	REPRESENTATIVE. (a) The court may on its own motion or on the
7107	7107	written application by the personal representative or any other
7108	7108	person interested in the estate:
7109	7109	(1) require that an adequate bond be given instead of a
7110	7110	deposit under Section 305.156; or
7111	7111	(2) authorize withdrawal of a deposit made under
7112	7112	Section 305.156 and substitution of a bond with sureties.
7113	7113	(b) Not later than the 20th day after the date of entry of
7114	7114	the court's motion or the date the personal representative is
7115	7115	personally served with notice of the filing of an application by
7116	7116	another person interested in the estate, the representative shall
7117	7117	file a sworn statement showing the condition of the estate.
7118	7118	(c) A personal representative who fails to comply with
7119	7119	Subsection (b) is subject to removal as in other cases.
7120	7120	(d) The personal representative's deposit under Section
7121	7121	305.156 may not be released or withdrawn until the court has:
7122	7122	(1) been satisfied as to the condition of the estate;
7123	7123	(2) determined the amount of the bond; and
7124	7124	(3) received and approved the bond. (Tex. Prob. Code,
7125	7125	Sec. 194, Subdiv. 8(e).)
7126	7126	Sec. 305.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF
7127	7127	ADMINISTRATION. (a) Any deposit of assets of the personal
7128	7128	representative, the estate, or a surety that remains at the time an
7129	7129	estate is closed shall be released by court order and paid to the
7130	7130	person or persons entitled to the deposit.
7131	7131	(b) Except as provided by Subsection (c), a writ of
7132	7132	attachment or garnishment does not lie against a deposit described
7133	7133	by Subsection (a).
7134	7134	(c) A writ of attachment or garnishment may lie against a
7135	7135	deposit described by Subsection (a) as to a claim of a creditor of
7136	7136	the estate being administered or a person interested in the estate,
7137	7137	including a distributee or ward, to the extent the court has ordered
7138	7138	distribution. (Tex. Prob. Code, Sec. 194, Subdiv. 9.)
7139	7139	Sec. 305.160. INCREASED OR ADDITIONAL BONDS IN CERTAIN
7140	7140	CIRCUMSTANCES. The provisions of this subchapter regarding the
7141	7141	deposit of cash and securities govern, to the extent the provisions
7142	7142	may be applicable, the court orders to be entered when:
7143	7143	(1) one of the following circumstances occurs:
7144	7144	(A) estate property has been authorized to be
7145	7145	sold or rented;
7146	7146	(B) money has been borrowed on estate property;
7147	7147	or
7148	7148	(C) real property, or an interest in real
7149	7149	property, has been authorized to be leased for mineral development
7150	7150	or subjected to unitization; and
7151	7151	(2) the general bond has been found to be
7152	7152	insufficient. (Tex. Prob. Code, Sec. 194, Subdiv. 14.)
7153	7153	[Sections 305.161-305.200 reserved for expansion]
7154	7154	SUBCHAPTER E. BOND SURETIES
7155	7155	Sec. 305.201. PERSONAL OR AUTHORIZED CORPORATE SURETIES.
7156	7156	(a) The surety or sureties on a bond may be personal or authorized
7157	7157	corporate sureties.
7158	7158	(b) A bond with sureties who are individuals must have at
7159	7159	least two sureties, each of whom must:
7160	7160	(1) execute an affidavit in the manner provided by
7161	7161	this subchapter; and
7162	7162	(2) own property in this state, excluding property
7163	7163	exempt by law, that the judge is satisfied is sufficient to qualify
7164	7164	the person as a surety as required by law.
7165	7165	(c) A bond with an authorized corporate surety is only
7166	7166	required to have one surety, except as provided by law. (Tex. Prob.
7167	7167	Code, Sec. 194, Subdivs. 10, 12 (part).)
7168	7168	Sec. 305.202. SURETIES FOR CERTAIN BONDS. (a) If the
7169	7169	amount of a bond exceeds $50,000, the court may require that the
7170	7170	bond be signed by:
7171	7171	(1) at least two authorized corporate sureties; or
7172	7172	(2) one authorized corporate surety and at least two
7173	7173	good and sufficient personal sureties.
7174	7174	(b) The estate shall pay the cost of a bond with corporate
7175	7175	sureties. (Tex. Prob. Code, Sec. 194, Subdiv. 11.)
7176	7176	Sec. 305.203. AFFIDAVIT OF PERSONAL SURETY. (a) Before a
7177	7177	judge may consider a bond with personal sureties, each person
7178	7178	offered as surety must execute an affidavit stating the amount by
7179	7179	which the person's assets that are reachable by creditors exceeds
7180	7180	the person's liabilities, and each affidavit must be presented to
7181	7181	the judge for consideration.
7182	7182	(b) The total worth of the personal sureties on a bond must
7183	7183	equal at least twice the amount of the bond.
7184	7184	(c) An affidavit presented to and approved by the judge
7185	7185	under this section shall be attached to and form part of the bond.
7186	7186	(Tex. Prob. Code, Sec. 201(a).)
7187	7187	Sec. 305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL
7188	7188	SURETIES. (a) If a judge finds that the estimated value of
7189	7189	personal property of the estate that cannot be deposited, as
7190	7190	provided by Subchapter D, is such that personal sureties cannot be
7191	7191	accepted without the creation of a specific lien on real property
7192	7192	owned by each of the sureties, the judge shall enter an order
7193	7193	requiring each surety to:
7194	7194	(1) designate real property that:
7195	7195	(A) is owned by the surety and located in this
7196	7196	state;
7197	7197	(B) is subject to execution; and
7198	7198	(C) has a value that exceeds all liens and unpaid
7199	7199	taxes by an amount at least equal to the amount of the bond; and
7200	7200	(2) give an adequate legal description of the real
7201	7201	property designated under Subdivision (1).
7202	7202	(b) The surety shall incorporate the information required
7203	7203	in the order under Subsection (a) in an affidavit. Following
7204	7204	approval by the judge, the affidavit shall be attached to and form
7205	7205	part of the bond.
7206	7206	(c) A lien arises as security for the performance of the
7207	7207	obligation of the bond only on the real property designated in the
7208	7208	affidavit.
7209	7209	(d) Before letters testamentary or of administration are
7210	7210	issued to the personal representative whose bond includes an
7211	7211	affidavit under this section, the court clerk shall mail a
7212	7212	statement to the office of the county clerk of each county in which
7213	7213	any real property designated in the affidavit is located. The
7214	7214	statement must be signed by the court clerk and include:
7215	7215	(1) a sufficient description of the real property
7216	7216	located in that county;
7217	7217	(2) the names of the principal and sureties on the
7218	7218	bond;
7219	7219	(3) the amount of the bond; and
7220	7220	(4) the name of the estate and court in which the bond
7221	7221	is given.
7222	7222	(e) Each county clerk who receives a statement required by
7223	7223	Subsection (d) shall record the statement in the county deed
7224	7224	records. Each recorded statement shall be indexed in a manner that
7225	7225	permits the convenient determination of the existence and character
7226	7226	of the liens described in the statements.
7227	7227	(f) The recording and indexing required by Subsection (e)
7228	7228	constitutes constructive notice to all persons regarding the
7229	7229	existence of the lien on real property located in the county,
7230	7230	effective as of the date of the indexing.
7231	7231	(g) If each personal surety subject to a court order under
7232	7232	this section does not comply with the order, the judge may require
7233	7233	that the bond be signed by:
7234	7234	(1) an authorized corporate surety; or
7235	7235	(2) an authorized corporate surety and at least two
7236	7236	personal sureties. (Tex. Prob. Code, Secs. 201(b), 202.)
7237	7237	Sec. 305.205. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED
7238	7238	BY PERSONAL SURETIES. (a) A personal surety required to create a
7239	7239	lien on specific real property under Section 305.204 who wishes to
7240	7240	lease the real property for mineral development may file a written
7241	7241	application in the court in which the proceedings are pending
7242	7242	requesting subordination of the lien to the proposed lease.
7243	7243	(b) The judge may enter an order granting the application.
7244	7244	(c) A certified copy of the order, filed and recorded in the
7245	7245	deed records of the proper county, is sufficient to subordinate the
7246	7246	lien to the rights of a lessee under the proposed lease. (Tex.
7247	7247	Prob. Code, Sec. 201(c).)
7248	7248	Sec. 305.206. RELEASE OF LIEN ON REAL PROPERTY OWNED BY
7249	7249	PERSONAL SURETIES. (a) A personal surety who has given a lien
7250	7250	under Section 305.204 may apply to the court to have the lien
7251	7251	released.
7252	7252	(b) The court shall order the lien released if:
7253	7253	(1) the court is satisfied that the bond is sufficient
7254	7254	without the lien; or
7255	7255	(2) sufficient other real or personal property of the
7256	7256	surety is substituted on the same terms required for the lien that
7257	7257	is to be released.
7258	7258	(c) If the personal surety does not offer a lien on other
7259	7259	substituted property under Subsection (b)(2) and the court is not
7260	7260	satisfied that the bond is sufficient without the substitution of
7261	7261	other property, the court shall order the personal representative
7262	7262	to appear and give a new bond.
7263	7263	(d) A certified copy of the court's order releasing the lien
7264	7264	and describing the property that was subject to the lien has the
7265	7265	effect of cancelling the lien if the order is filed with the county
7266	7266	clerk of the county in which the property is located and recorded in
7267	7267	the deed records of that county. (Tex. Prob. Code, Secs. 211, 212.)
7268	7268	Sec. 305.207. DEPOSITS BY PERSONAL SURETY. Instead of
7269	7269	executing an affidavit under Section 305.203 or creating a lien
7270	7270	under Section 305.204 when required, a personal surety may deposit
7271	7271	the surety's own cash or securities instead of pledging real
7272	7272	property as security. The deposit:
7273	7273	(1) must be made in the same manner a personal
7274	7274	representative deposits the representative's own cash or
7275	7275	securities; and
7276	7276	(2) is subject, to the extent applicable, to the
7277	7277	provisions governing the same type of deposits made by personal
7278	7278	representatives. (Tex. Prob. Code, Sec. 194, Subdiv. 12 (part).)
7279	7279	[Sections 305.208-305.250 reserved for expansion]
7280	7280	SUBCHAPTER F. NEW BONDS
7281	7281	Sec. 305.251. GROUNDS FOR REQUIRING NEW BOND. (a) A
7282	7282	personal representative may be required to give a new bond if:
7283	7283	(1) a surety on a bond dies, moves out of this state,
7284	7284	or becomes insolvent;
7285	7285	(2) in the court's opinion:
7286	7286	(A) the sureties on a bond are insufficient; or
7287	7287	(B) a bond is defective;
7288	7288	(3) the amount of a bond is insufficient;
7289	7289	(4) a surety on a bond petitions the court to be
7290	7290	discharged from future liability on the bond; or
7291	7291	(5) a bond and the record of the bond have been lost or
7292	7292	destroyed.
7293	7293	(b) Any person interested in the estate may have the
7294	7294	personal representative cited to appear and show cause why the
7295	7295	representative should not be required to give a new bond by filing a
7296	7296	written application with the county clerk of the county in which the
7297	7297	probate proceedings are pending. The application must allege that:
7298	7298	(1) the bond is insufficient or defective; or
7299	7299	(2) the bond and the record of the bond have been lost
7300	7300	or destroyed. (Tex. Prob. Code, Secs. 203, 204.)
7301	7301	Sec. 305.252. COURT ORDER OR CITATION ON NEW BOND. (a)
7302	7302	When a judge becomes aware that a bond is in any respect
7303	7303	insufficient or that a bond and the record of the bond have been
7304	7304	lost or destroyed, the judge shall:
7305	7305	(1) without delay and without notice enter an order
7306	7306	requiring the personal representative to give a new bond; or
7307	7307	(2) without delay have the representative cited to
7308	7308	show cause why the representative should not be required to give a
7309	7309	new bond.
7310	7310	(b) An order entered under Subsection (a)(1) must state:
7311	7311	(1) the reasons for requiring a new bond;
7312	7312	(2) the amount of the new bond; and
7313	7313	(3) the period within which the new bond must be given,
7314	7314	which may not be earlier than the 10th day after the date of the
7315	7315	order.
7316	7316	(c) A personal representative who opposes an order entered
7317	7317	under Subsection (a)(1) may demand a hearing on the order. The
7318	7318	hearing must be held before the expiration of the period within
7319	7319	which the new bond must be given. (Tex. Prob. Code, Secs. 205,
7320	7320	206(a).)
7321	7321	Sec. 305.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.
7322	7322	(a) On the return of a citation ordering a personal representative
7323	7323	to show cause why the representative should not be required to give
7324	7324	a new bond, the judge shall, on the date specified for the hearing
7325	7325	of the matter, inquire into the sufficiency of the reasons for
7326	7326	requiring a new bond.
7327	7327	(b) If the judge is satisfied that a new bond should be
7328	7328	required, the judge shall enter an order requiring a new bond. The
7329	7329	order must state:
7330	7330	(1) the amount of the new bond; and
7331	7331	(2) the period within which the new bond must be given,
7332	7332	which may not be later than the 20th day after the date of the order.
7333	7333	(Tex. Prob. Code, Sec. 206(b).)
7334	7334	Sec. 305.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An
7335	7335	order requiring a personal representative to give a new bond has the
7336	7336	effect of suspending the representative's powers.
7337	7337	(b) After the order is entered, the personal representative
7338	7338	may not pay out any of the estate's money or take any other official
7339	7339	action, except to preserve estate property, until the new bond is
7340	7340	given and approved. (Tex. Prob. Code, Sec. 207.)
7341	7341	Sec. 305.255. NEW BOND IN DECREASED AMOUNT. (a) A personal
7342	7342	representative required to give a bond may at any time file with the
7343	7343	clerk a written application requesting that the court reduce the
7344	7344	amount of the bond.
7345	7345	(b) On the filing of an application under Subsection (a),
7346	7346	the clerk shall promptly issue and have notice posted to all
7347	7347	interested persons and the sureties on the bond. The notice must
7348	7348	inform the interested persons and sureties of:
7349	7349	(1) the fact that the application has been filed;
7350	7350	(2) the nature of the application; and
7351	7351	(3) the time the judge will hear the application.
7352	7352	(c) The judge may permit the filing of a new bond in a
7353	7353	reduced amount if:
7354	7354	(1) proof is submitted that a bond in an amount less
7355	7355	than the bond in effect will be adequate to meet the requirements of
7356	7356	law and protect the estate; and
7357	7357	(2) the judge approves an accounting filed at the time
7358	7358	of the application. (Tex. Prob. Code, Sec. 208.)
7359	7359	Sec. 305.256. REQUEST BY SURETY FOR NEW BOND. (a) A surety
7360	7360	on a bond may at any time file with the clerk a petition requesting
7361	7361	that the court in which the proceedings are pending:
7362	7362	(1) require the personal representative to give a new
7363	7363	bond; and
7364	7364	(2) discharge the petitioner from all liability for
7365	7365	the future acts of the representative.
7366	7366	(b) On the filing of a petition under Subsection (a), the
7367	7367	personal representative shall be cited to appear and give a new
7368	7368	bond. (Tex. Prob. Code, Sec. 210.)
7369	7369	Sec. 305.257. DISCHARGE OF FORMER SURETIES ON EXECUTION OF
7370	7370	NEW BOND. When a new bond has been given and approved, the court
7371	7371	shall enter an order discharging the sureties on the former bond
7372	7372	from all liability for the future acts of the principal on the bond.
7373	7373	(Tex. Prob. Code, Sec. 209.)
7374	7374	CHAPTER 306. GRANTING AND
7375	7375	ISSUANCE OF LETTERS
7376	7376	Sec. 306.001. GRANTING OF LETTERS TESTAMENTARY
7377	7377	Sec. 306.002. GRANTING OF LETTERS OF ADMINISTRATION
7378	7378	Sec. 306.003. ORDER GRANTING LETTERS
7379	7379	Sec. 306.004. ISSUANCE OF ORIGINAL LETTERS
7380	7380	Sec. 306.005. FORM AND CONTENT OF LETTERS
7381	7381	Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS
7382	7382	Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE
7383	7383	CHAPTER 306. GRANTING AND
7384	7384	ISSUANCE OF LETTERS
7385	7385	Sec. 306.001. GRANTING OF LETTERS TESTAMENTARY. (a)
7386	7386	Before the 21st day after the date a will has been probated, the
7387	7387	court shall grant letters testamentary, if permitted by law, to
7388	7388	each executor appointed by the will who:
7389	7389	(1) is not disqualified; and
7390	7390	(2) is willing to accept the trust and qualify
7391	7391	according to law.
7392	7392	(b) Failure of the court to issue letters testamentary
7393	7393	within the period prescribed by this section does not affect the
7394	7394	validity of any letters testamentary issued in accordance with law
7395	7395	after that period. (Tex. Prob. Code, Secs. 178(a), (c).)
7396	7396	Sec. 306.002. GRANTING OF LETTERS OF ADMINISTRATION. (a)
7397	7397	Subject to Subsection (b), the court hearing an application under
7398	7398	Chapter 301 shall grant:
7399	7399	(1) the administration of a decedent's estate if the
7400	7400	decedent died intestate; or
7401	7401	(2) the administration of the decedent's estate with
7402	7402	the will annexed if the decedent died leaving a will but:
7403	7403	(A) the will does not name an executor; or
7404	7404	(B) the executor named in the will:
7405	7405	(i) is deceased;
7406	7406	(ii) fails to accept and qualify before the
7407	7407	21st day after the date the will is probated; or
7408	7408	(iii) fails to present the will for probate
7409	7409	before the 31st day after the date of the decedent's death and the
7410	7410	court finds there was no good cause for that failure.
7411	7411	(b) The court may not grant any administration of an estate
7412	7412	unless a necessity for the administration exists, as determined by
7413	7413	the court.
7414	7414	(c) The court may find other instances of necessity for an
7415	7415	administration based on proof before the court, but a necessity is
7416	7416	considered to exist if:
7417	7417	(1) there are two or more debts against the estate;
7418	7418	(2) there is a desire for the county court to partition
7419	7419	the estate among the distributees; or
7420	7420	(3) the administration is necessary to receive or
7421	7421	recover funds or other property due the estate. (Tex. Prob. Code,
7422	7422	Sec. 178(b).)
7423	7423	Sec. 306.003. ORDER GRANTING LETTERS. When letters
7424	7424	testamentary or of administration are granted, the court shall
7425	7425	enter an order to that effect stating:
7426	7426	(1) the name of the decedent;
7427	7427	(2) the name of the person to whom the letters are
7428	7428	granted;
7429	7429	(3) the amount of any required bond;
7430	7430	(4) the name of at least one but not more than three
7431	7431	disinterested persons appointed to appraise the estate and return
7432	7432	the appraisement to the court, if:
7433	7433	(A) any interested person applies to the court
7434	7434	for the appointment of an appraiser; or
7435	7435	(B) the court considers an appraisement to be
7436	7436	necessary; and
7437	7437	(5) that the clerk shall issue letters in accordance
7438	7438	with the order when the person to whom the letters are granted has
7439	7439	qualified according to law. (Tex. Prob. Code, Sec. 181.)
7440	7440	Sec. 306.004. ISSUANCE OF ORIGINAL LETTERS. When an
7441	7441	executor or administrator has qualified in the manner required by
7442	7442	law, the clerk of the court granting the letters testamentary or of
7443	7443	administration shall promptly issue and deliver the letters to the
7444	7444	executor or administrator. If more than one person qualifies as
7445	7445	executor or administrator, the clerk shall issue the letters to
7446	7446	each person who qualifies. (Tex. Prob. Code, Sec. 182.)
7447	7447	Sec. 306.005. FORM AND CONTENT OF LETTERS. Letters
7448	7448	testamentary or of administration shall be in the form of a
7449	7449	certificate of the clerk of the court granting the letters,
7450	7450	attested by the court's seal, that states:
7451	7451	(1) the executor or administrator, as applicable, has
7452	7452	qualified as executor or administrator in the manner required by
7453	7453	law;
7454	7454	(2) the date of the qualification; and
7455	7455	(3) the name of the decedent. (Tex. Prob. Code, Sec.
7456	7456	183.)
7457	7457	Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS.
7458	7458	When letters testamentary or of administration have been destroyed
7459	7459	or lost, the clerk shall issue other letters to replace the original
7460	7460	letters, which have the same effect as the original letters. The
7461	7461	clerk shall also issue any number of letters as and when requested
7462	7462	by the person or persons who hold the letters. (Tex. Prob. Code,
7463	7463	Sec. 187.)
7464	7464	Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE. Letters
7465	7465	testamentary or of administration or a certificate of the clerk of
7466	7466	the court that granted the letters, under the court's seal,
7467	7467	indicating that the letters have been issued, is sufficient
7468	7468	evidence of:
7469	7469	(1) the appointment and qualification of the personal
7470	7470	representative of an estate; and
7471	7471	(2) the date of qualification. (Tex. Prob. Code, Sec.
7472	7472	186.)
7473	7473	CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND ADMINISTRATORS
7474	7474	ADMINISTRATORS
7475	7475	Sec. 307.001. RIGHTS OF GOOD FAITH PURCHASERS
7476	7476	Sec. 307.002. JOINT EXECUTORS OR ADMINISTRATORS
7477	7477	CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND
7478	7478	ADMINISTRATORS
7479	7479	Sec. 307.001. RIGHTS OF GOOD FAITH PURCHASERS. (a) This
7480	7480	section applies only to an act performed by a qualified executor or
7481	7481	administrator in that capacity and in conformity with the law and
7482	7482	the executor's or administrator's authority.
7483	7483	(b) An act continues to be valid for all intents and
7484	7484	purposes in regard to the rights of an innocent purchaser who
7485	7485	purchases any of the estate property from the executor or
7486	7486	administrator for valuable consideration, in good faith, and
7487	7487	without notice of any illegality in the title to the property, even
7488	7488	if the act or the authority under which the act was performed is
7489	7489	subsequently set aside, annulled, and declared invalid. (Tex.
7490	7490	Prob. Code, Sec. 188.)
7491	7491	Sec. 307.002. JOINT EXECUTORS OR ADMINISTRATORS. (a)
7492	7492	Except as provided by Subsection (b), if there is more than one
7493	7493	executor or administrator of an estate at the same time, the acts of
7494	7494	one of the executors or administrators in that capacity are valid as
7495	7495	if all the executors or administrators had acted jointly. If one of
7496	7496	the executors or administrators dies, resigns, or is removed, a
7497	7497	co-executor or co-administrator of the estate shall proceed with
7498	7498	the administration as if the death, resignation, or removal had not
7499	7499	occurred.
7500	7500	(b) If there is more than one executor or administrator of
7501	7501	an estate at the same time, all of the qualified executors or
7502	7502	administrators who are acting in that capacity must join in the
7503	7503	conveyance of real estate unless the court, after due hearing,
7504	7504	authorizes fewer than all to act. (Tex. Prob. Code, Sec. 240.)
7505	7505	CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
7506	7506	SUBCHAPTER A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF WILL
7507	7507	WILL
7508	7508	Sec. 308.001. DEFINITION
7509	7509	Sec. 308.002. REQUIRED NOTICE TO CERTAIN BENEFICIARIES
7510	7510	AFTER PROBATE OF WILL
7511	7511	Sec. 308.003. CONTENTS OF NOTICE
7512	7512	Sec. 308.004. AFFIDAVIT OR CERTIFICATE
7513	7513	[Sections 308.005-308.050 reserved for expansion]
7514	7514	SUBCHAPTER B. NOTICE TO CLAIMANTS
7515	7515	Sec. 308.051. REQUIRED NOTICE REGARDING PRESENTMENT OF
7516	7516	CLAIMS IN GENERAL
7517	7517	Sec. 308.052. PROOF OF PUBLICATION
7518	7518	Sec. 308.053. REQUIRED NOTICE TO SECURED CREDITOR
7519	7519	Sec. 308.054. PERMISSIVE NOTICE TO UNSECURED CREDITOR
7520	7520	Sec. 308.055. ONE NOTICE SUFFICIENT
7521	7521	Sec. 308.056. LIABILITY FOR FAILURE TO GIVE REQUIRED
7522	7522	NOTICE
7523	7523	CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
7524	7524	SUBCHAPTER A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF
7525	7525	WILL
7526	7526	Sec. 308.001. DEFINITION. In this subchapter,
7527	7527	"beneficiary" means a person, entity, state, governmental agency of
7528	7528	the state, charitable organization, or trust entitled to receive
7529	7529	property under the terms of a decedent's will, to be determined for
7530	7530	purposes of this subchapter with the assumption that each person
7531	7531	who is alive on the date of the decedent's death survives any period
7532	7532	required to receive the bequest as specified by the terms of the
7533	7533	will. (Tex. Prob. Code, Sec. 128A(a), as amended Ch. 801, Acts 80th
7534	7534	Leg., R.S., 2007.)
7535	7535	Sec. 308.002. REQUIRED NOTICE TO CERTAIN BENEFICIARIES
7536	7536	AFTER PROBATE OF WILL. (a) Except as provided by Subsection (c),
7537	7537	not later than the 60th day after the date of an order admitting a
7538	7538	decedent's will to probate, the personal representative of the
7539	7539	decedent's estate, including an independent executor or
7540	7540	independent administrator, shall give notice that complies with
7541	7541	Section 308.003 to each beneficiary named in the will whose
7542	7542	identity and address are known to the representative or, through
7543	7543	reasonable diligence, can be ascertained. If, after the 60th day
7544	7544	after the date of the order, the representative becomes aware of the
7545	7545	identity and address of a beneficiary who was not given notice on or
7546	7546	before the 60th day, the representative shall give the notice as
7547	7547	soon as possible after becoming aware of that information.
7548	7548	(b) Notwithstanding the requirement under Subsection (a)
7549	7549	that the personal representative give the notice to the
7550	7550	beneficiary, the representative shall give the notice with respect
7551	7551	to a beneficiary described by this subsection as follows:
7552	7552	(1) if the beneficiary is a trust, to the trustee,
7553	7553	unless the representative is the trustee, in which case the
7554	7554	representative shall give the notice to the person or class of
7555	7555	persons first eligible to receive the trust income, to be
7556	7556	determined for purposes of this subdivision as if the trust were in
7557	7557	existence on the date of the decedent's death;
7558	7558	(2) if the beneficiary has a court-appointed guardian
7559	7559	or conservator, to that guardian or conservator;
7560	7560	(3) if the beneficiary is a minor for whom no guardian
7561	7561	or conservator has been appointed, to a parent of the minor; and
7562	7562	(4) if the beneficiary is a charity that for any reason
7563	7563	cannot be notified, to the attorney general.
7564	7564	(c) A personal representative is not required to give the
7565	7565	notice otherwise required by this section to a beneficiary who:
7566	7566	(1) made an appearance in the proceeding with respect
7567	7567	to the decedent's estate before the will was admitted to probate; or
7568	7568	(2) received a copy of the will that was admitted to
7569	7569	probate and waived the right to receive the notice in an instrument
7570	7570	that:
7571	7571	(A) acknowledges the receipt of the copy of the
7572	7572	will;
7573	7573	(B) is signed by the beneficiary; and
7574	7574	(C) is filed with the court.
7575	7575	(d) The notice required by this section must be sent by
7576	7576	registered or certified mail, return receipt requested. (Tex.
7577	7577	Prob. Code, Secs. 128A(b), (c), (d), (f).)
7578	7578	Sec. 308.003. CONTENTS OF NOTICE. The notice required by
7579	7579	Section 308.002 must:
7580	7580	(1) state:
7581	7581	(A) the name and address of the beneficiary to
7582	7582	whom the notice is given or, for a beneficiary described by Section
7583	7583	308.002(b), the name and address of the beneficiary for whom the
7584	7584	notice is given and of the person to whom the notice is given;
7585	7585	(B) the decedent's name;
7586	7586	(C) that the decedent's will has been admitted to
7587	7587	probate;
7588	7588	(D) that the beneficiary to whom or for whom the
7589	7589	notice is given is named as a beneficiary in the will; and
7590	7590	(E) the personal representative's name and
7591	7591	contact information; and
7592	7592	(2) contain as attachments a copy of the will admitted
7593	7593	to probate and of the order admitting the will to probate. (Tex.
7594	7594	Prob. Code, Sec. 128A(e).)
7595	7595	Sec. 308.004. AFFIDAVIT OR CERTIFICATE. (a) Not later than
7596	7596	the 90th day after the date of an order admitting a will to probate,
7597	7597	the personal representative shall file with the clerk of the court
7598	7598	in which the decedent's estate is pending a sworn affidavit of the
7599	7599	representative or a certificate signed by the representative's
7600	7600	attorney stating:
7601	7601	(1) for each beneficiary to whom notice was required
7602	7602	to be given under this subchapter, the name and address of the
7603	7603	beneficiary to whom the representative gave the notice or, for a
7604	7604	beneficiary described by Section 308.002(b), the name and address
7605	7605	of the beneficiary and of the person to whom the notice was given;
7606	7606	(2) the name and address of each beneficiary who filed
7607	7607	a waiver of the notice;
7608	7608	(3) the name of each beneficiary whose identity or
7609	7609	address could not be ascertained despite the representative's
7610	7610	exercise of reasonable diligence; and
7611	7611	(4) any other information necessary to explain the
7612	7612	representative's inability to give the notice to or for any
7613	7613	beneficiary as required by this subchapter.
7614	7614	(b) The affidavit or certificate required by Subsection (a)
7615	7615	may be included with any pleading or other document filed with the
7616	7616	court clerk, including the inventory, appraisement, and list of
7617	7617	claims or an application for an extension of the deadline to file
7618	7618	the inventory, appraisement, and list of claims, provided that the
7619	7619	pleading or other document is filed not later than the date the
7620	7620	affidavit or certificate is required to be filed under Subsection
7621	7621	(a). (Tex. Prob. Code, Secs. 128A(g), (h).)
7622	7622	[Sections 308.005-308.050 reserved for expansion]
7623	7623	SUBCHAPTER B. NOTICE TO CLAIMANTS
7624	7624	Sec. 308.051. REQUIRED NOTICE REGARDING PRESENTMENT OF
7625	7625	CLAIMS IN GENERAL. (a) Within one month after receiving letters
7626	7626	testamentary or of administration, a personal representative of an
7627	7627	estate shall provide notice requiring each person who has a claim
7628	7628	against the estate to present the claim within the period
7629	7629	prescribed by law by:
7630	7630	(1) having the notice published in a newspaper printed
7631	7631	in the county in which the letters were issued; and
7632	7632	(2) if the decedent remitted or should have remitted
7633	7633	taxes administered by the comptroller, sending the notice to the
7634	7634	comptroller by certified or registered mail.
7635	7635	(b) Notice provided under Subsection (a) must include:
7636	7636	(1) the date the letters testamentary or of
7637	7637	administration were issued to the personal representative;
7638	7638	(2) the address to which a claim may be presented; and
7639	7639	(3) an instruction of the representative's choice that
7640	7640	the claim be addressed in care of:
7641	7641	(A) the representative;
7642	7642	(B) the representative's attorney; or
7643	7643	(C) "Representative, Estate of __________"
7644	7644	(naming the estate).
7645	7645	(c) If a newspaper is not printed in the county in which the
7646	7646	letters testamentary or of administration were issued, the notice
7647	7647	must be posted and the return made and filed as otherwise required
7648	7648	by this title. (Tex. Prob. Code, Secs. 294(a), (c).)
7649	7649	Sec. 308.052. PROOF OF PUBLICATION. A copy of the published
7650	7650	notice required by Section 308.051(a)(1), together with the
7651	7651	publisher's affidavit, sworn to and subscribed before a proper
7652	7652	officer, to the effect that the notice was published as provided in
7653	7653	this title for the service of citation or notice by publication,
7654	7654	shall be filed in the court in which the cause is pending. (Tex.
7655	7655	Prob. Code, Sec. 294(b).)
7656	7656	Sec. 308.053. REQUIRED NOTICE TO SECURED CREDITOR. (a)
7657	7657	Within two months after receiving letters testamentary or of
7658	7658	administration, a personal representative of an estate shall give
7659	7659	notice of the issuance of the letters to each person the
7660	7660	representative knows to have a claim for money against the estate
7661	7661	that is secured by estate property.
7662	7662	(b) Within a reasonable period after a personal
7663	7663	representative obtains actual knowledge of the existence of a
7664	7664	person who has a secured claim for money against the estate and to
7665	7665	whom notice was not previously given, the representative shall give
7666	7666	notice to the person of the issuance of the letters testamentary or
7667	7667	of administration.
7668	7668	(c) Notice provided under this section must be:
7669	7669	(1) sent by certified or registered mail, return
7670	7670	receipt requested; and
7671	7671	(2) addressed to the record holder of the claim at the
7672	7672	record holder's last known post office address.
7673	7673	(d) The following shall be filed with the clerk of the court
7674	7674	in which the letters testamentary or of administration were issued:
7675	7675	(1) a copy of each notice and of each return receipt;
7676	7676	and
7677	7677	(2) the personal representative's affidavit stating:
7678	7678	(A) that the notice was mailed as required by
7679	7679	law; and
7680	7680	(B) the name of the person to whom the notice was
7681	7681	mailed, if that name is not shown on the notice or receipt. (Tex.
7682	7682	Prob. Code, Sec. 295.)
7683	7683	Sec. 308.054. PERMISSIVE NOTICE TO UNSECURED CREDITOR. (a)
7684	7684	At any time before an estate administration is closed, a personal
7685	7685	representative may give notice by certified or registered mail,
7686	7686	return receipt requested, to an unsecured creditor who has a claim
7687	7687	for money against the estate.
7688	7688	(b) Notice given under Subsection (a) must:
7689	7689	(1) expressly state that the creditor must present the
7690	7690	claim within four months after the date of the receipt of the notice
7691	7691	or the claim is barred, if the claim is not barred by the general
7692	7692	statutes of limitation; and
7693	7693	(2) include:
7694	7694	(A) the date the letters testamentary or of
7695	7695	administration held by the personal representative were issued to
7696	7696	the representative;
7697	7697	(B) the address to which the claim may be
7698	7698	presented; and
7699	7699	(C) an instruction of the representative's
7700	7700	choice that the claim be addressed in care of:
7701	7701	(i) the representative;
7702	7702	(ii) the representative's attorney; or
7703	7703	(iii) "Representative, Estate of _______"
7704	7704	(naming the estate). (Tex. Prob. Code, Sec. 294(d).)
7705	7705	Sec. 308.055. ONE NOTICE SUFFICIENT. A personal
7706	7706	representative is not required to give a notice required by Section
7707	7707	308.051 or 308.053 if another person also appointed as personal
7708	7708	representative of the estate or a former personal representative of
7709	7709	the estate has given that notice. (Tex. Prob. Code, Sec. 296.)
7710	7710	Sec. 308.056. LIABILITY FOR FAILURE TO GIVE REQUIRED
7711	7711	NOTICE. A personal representative who fails to give a notice
7712	7712	required by Section 308.051 or 308.053, or to cause the notice to be
7713	7713	given, and the sureties on the representative's bond are liable for
7714	7714	any damage a person suffers due to that neglect, unless it appears
7715	7715	that the person otherwise had notice. (Tex. Prob. Code, Sec. 297.)
7716	7716	CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7717	7717	SUBCHAPTER A. APPRAISERS
7718	7718	Sec. 309.001. APPOINTMENT OF APPRAISERS
7719	7719	Sec. 309.002. APPRAISERS' FEES
7720	7720	Sec. 309.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS
7721	7721	[Sections 309.004-309.050 reserved for expansion]
7722	7722	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7723	7723	OF CLAIMS
7724	7724	Sec. 309.051. INVENTORY AND APPRAISEMENT
7725	7725	Sec. 309.052. LIST OF CLAIMS
7726	7726	Sec. 309.053. AFFIDAVIT OF PERSONAL REPRESENTATIVE
7727	7727	Sec. 309.054. APPROVAL OR DISAPPROVAL BY THE COURT
7728	7728	Sec. 309.055. FAILURE OF JOINT PERSONAL
7729	7729	APPRAISEMENT, AND LIST OF CLAIMS
7730	7730	[Sections 309.056-309.100 reserved for expansion]
7731	7731	SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7732	7732	CLAIMS
7733	7733	Sec. 309.101. DISCOVERY OF ADDITIONAL PROPERTY OR
7734	7734	CLAIMS
7735	7735	Sec. 309.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR
7736	7736	LIST OF CLAIMS
7737	7737	Sec. 309.103. CORRECTION OF INVENTORY, APPRAISEMENT,
7738	7738	UNJUST ITEM
7739	7739	Sec. 309.104. REAPPRAISEMENT
7740	7740	[Sections 309.105-309.150 reserved for expansion]
7741	7741	SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS EVIDENCE
7742	7742	EVIDENCE
7743	7743	Sec. 309.151. USE OF INVENTORY, APPRAISEMENT, AND LIST
7744	7744	OF CLAIMS AS EVIDENCE
7745	7745	CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
7746	7746	SUBCHAPTER A. APPRAISERS
7747	7747	Sec. 309.001. APPOINTMENT OF APPRAISERS. (a) At any time
7748	7748	after letters testamentary or of administration are granted, the
7749	7749	court, for good cause, on the court's own motion or on the motion of
7750	7750	an interested party shall appoint at least one but not more than
7751	7751	three disinterested persons who are residents of the county in
7752	7752	which the letters were granted to appraise the estate property.
7753	7753	(b) At any time after letters testamentary or of
7754	7754	administration are granted, the court, for good cause shown, on the
7755	7755	court's own motion or on the motion of an interested person shall
7756	7756	appoint at least one but not more than three disinterested persons
7757	7757	who are residents of the county in which the letters were granted to
7758	7758	appraise the estate property.
7759	7759	(c) If the court makes an appointment under Subsection (a)
7760	7760	or (b) and part of the estate is located in a county other than the
7761	7761	county in which the letters were granted, the court, if the court
7762	7762	considers necessary, may appoint at least one but not more than
7763	7763	three disinterested persons who are residents of the county in
7764	7764	which the relevant part of the estate is located to appraise the
7765	7765	estate property located in that county. (Tex. Prob. Code, Sec. 248,
7766	7766	as amended Acts 79th Leg., R.S., Chs. 701, 765.)
7767	7767	Sec. 309.002. APPRAISERS' FEES. An appraiser appointed by
7768	7768	the court as herein authorized is entitled to receive compensation,
7769	7769	payable out of the estate, of at least $5 for each day the appraiser
7770	7770	actually serves in performing the appraiser's duties. (Tex. Prob.
7771	7771	Code, Sec. 253.)
7772	7772	Sec. 309.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS. If
7773	7773	an appraiser appointed under Section 309.001 fails or refuses to
7774	7774	act, the court by one or more similar orders shall remove the
7775	7775	appraiser and appoint one or more other appraisers, as the case
7776	7776	requires. (Tex. Prob. Code, Sec. 249.)
7777	7777	[Sections 309.004-309.050 reserved for expansion]
7778	7778	SUBCHAPTER B. REQUIREMENTS FOR INVENTORY, APPRAISEMENT, AND LIST
7779	7779	OF CLAIMS
7780	7780	Sec. 309.051. INVENTORY AND APPRAISEMENT. (a) Except as
7781	7781	provided by Subsection (c) or unless a longer period is granted by
7782	7782	the court, before the 91st day after the date the personal
7783	7783	representative qualifies, the representative shall file with the
7784	7784	court clerk a single written instrument that contains a verified,
7785	7785	full, and detailed inventory of all estate property that has come
7786	7786	into the representative's possession or of which the representative
7787	7787	has knowledge. The inventory must:
7788	7788	(1) include:
7789	7789	(A) all estate real property located in this
7790	7790	state; and
7791	7791	(B) all estate personal property regardless of
7792	7792	where the property is located; and
7793	7793	(2) specify:
7794	7794	(A) which portion of the property, if any, is
7795	7795	separate property and which, if any, is community property; and
7796	7796	(B) if estate property is owned in common with
7797	7797	others, the interest of the estate in that property and the names
7798	7798	and relationship, if known, of the co-owners.
7799	7799	(b) The personal representative shall:
7800	7800	(1) set out in the inventory the representative's
7801	7801	appraisement of the fair market value on the date of the decedent's
7802	7802	death of each item in the inventory; or
7803	7803	(2) if the court has appointed one or more appraisers
7804	7804	for the estate under Subchapter A:
7805	7805	(A) determine the fair market value of each item
7806	7806	in the inventory with the assistance of the appraiser or
7807	7807	appraisers; and
7808	7808	(B) set out that appraisement in the inventory.
7809	7809	(c) The court for good cause shown may require the personal
7810	7810	representative to file the inventory and appraisement within a
7811	7811	shorter period than the period prescribed by Subsection (a).
7812	7812	(d) The inventory, when approved by the court and filed with
7813	7813	the court clerk, is for all purposes the inventory and appraisement
7814	7814	of the estate referred to in this title. (Tex. Prob. Code, Sec.
7815	7815	250.)
7816	7816	Sec. 309.052. LIST OF CLAIMS. A complete list of claims due
7817	7817	or owing to the estate must be attached to the inventory and
7818	7818	appraisement required by Section 309.051. The list of claims must
7819	7819	state:
7820	7820	(1) the name and, if known, address of each person
7821	7821	indebted to the estate; and
7822	7822	(2) regarding each claim:
7823	7823	(A) the nature of the debt, whether by note,
7824	7824	bill, bond, or other written obligation, or by account or verbal
7825	7825	contract;
7826	7826	(B) the date the debt was incurred;
7827	7827	(C) the date the debt was or is due;
7828	7828	(D) the amount of the claim, the rate of interest
7829	7829	on the claim, and the period for which the claim bears interest;
7830	7830	(E) whether the claim is separate property or
7831	7831	community property; and
7832	7832	(F) if any portion of the claim is held in common
7833	7833	with others, the interest of the estate in the claim and the names
7834	7834	and relationships, if any, of the other part owners. (Tex. Prob.
7835	7835	Code, Sec. 251.)
7836	7836	Sec. 309.053. AFFIDAVIT OF PERSONAL REPRESENTATIVE. The
7837	7837	personal representative shall attach to the inventory,
7838	7838	appraisement, and list of claims the representative's affidavit,
7839	7839	subscribed and sworn to before an officer in the county authorized
7840	7840	by law to administer oaths, that the inventory, appraisement, and
7841	7841	list of claims are a true and complete statement of the property and
7842	7842	claims of the estate of which the representative has knowledge.
7843	7843	(Tex. Prob. Code, Sec. 252.)
7844	7844	Sec. 309.054. APPROVAL OR DISAPPROVAL BY THE COURT. (a) On
7845	7845	the filing of the inventory, appraisement, and list of claims with
7846	7846	the court clerk, the judge shall examine and approve or disapprove
7847	7847	the inventory, appraisement, and list of claims.
7848	7848	(b) If the judge approves the inventory, appraisement, and
7849	7849	list of claims, the judge shall enter an order to that effect.
7850	7850	(c) If the judge does not approve the inventory,
7851	7851	appraisement, or list of claims, the judge:
7852	7852	(1) shall enter an order to that effect requiring the
7853	7853	filing of another inventory, appraisement, or list of claims,
7854	7854	whichever is not approved, within a period specified in the order
7855	7855	not to exceed 20 days after the date the order is entered; and
7856	7856	(2) may, if considered necessary, appoint new
7857	7857	appraisers. (Tex. Prob. Code, Sec. 255.)
7858	7858	Sec. 309.055. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO
7859	7859	FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) If more than
7860	7860	one personal representative qualifies to serve, any one or more of
7861	7861	the representatives, on the neglect of the other representatives,
7862	7862	may make and file an inventory, appraisement, and list of claims.
7863	7863	(b) A personal representative who neglects to make or file
7864	7864	an inventory, appraisement, and list of claims may not interfere
7865	7865	with and does not have any power over the estate after another
7866	7866	representative makes and files an inventory, appraisement, and list
7867	7867	of claims.
7868	7868	(c) The personal representative who files the inventory,
7869	7869	appraisement, and list of claims is entitled to the whole
7870	7870	administration unless, before the 61st day after the date the
7871	7871	representative files the inventory, appraisement, and list of
7872	7872	claims, one or more delinquent representatives file with the court
7873	7873	a written, sworn, and reasonable excuse that the court considers
7874	7874	satisfactory. The court shall enter an order removing one or more
7875	7875	delinquent representatives and revoking those representatives'
7876	7876	letters if:
7877	7877	(1) an excuse is not filed; or
7878	7878	(2) the court does not consider the filed excuse
7879	7879	sufficient. (Tex. Prob. Code, Sec. 260.)
7880	7880	[Sections 309.056-309.100 reserved for expansion]
7881	7881	SUBCHAPTER C. CHANGES TO INVENTORY, APPRAISEMENT, AND LIST OF
7882	7882	CLAIMS
7883	7883	Sec. 309.101. DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.
7884	7884	If after the filing of the inventory, appraisement, and list of
7885	7885	claims the personal representative acquires possession or
7886	7886	knowledge of property or claims of the estate not included in the
7887	7887	inventory, appraisement, and list of claims the representative
7888	7888	shall promptly file with the court clerk a verified, full, and
7889	7889	detailed supplemental inventory, appraisement, and list of claims.
7890	7890	(Tex. Prob. Code, Sec. 256.)
7891	7891	Sec. 309.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST
7892	7892	OF CLAIMS. (a) On the written complaint of any interested person
7893	7893	that property or claims of the estate have not been included in the
7894	7894	filed inventory, appraisement, and list of claims, the personal
7895	7895	representative shall be cited to appear before the court in which
7896	7896	the cause is pending and show cause why the representative should
7897	7897	not be required to make and file an additional inventory and
7898	7898	appraisement or list of claims, or both, as applicable.
7899	7899	(b) After hearing the complaint, if the court is satisfied
7900	7900	of the truth of the complaint, the court shall enter an order
7901	7901	requiring the personal representative to make and file an
7902	7902	additional inventory and appraisement or list of claims, or both,
7903	7903	as applicable. The additional inventory and appraisement or list
7904	7904	of claims:
7905	7905	(1) must be made and filed in the same manner as the
7906	7906	original inventory and appraisement or list of claims within the
7907	7907	period prescribed by the court, not to exceed 20 days after the date
7908	7908	the order is entered; and
7909	7909	(2) may include only property or claims not previously
7910	7910	included in the inventory and appraisement or list of claims. (Tex.
7911	7911	Prob. Code, Sec. 257.)
7912	7912	Sec. 309.103. CORRECTION OF INVENTORY, APPRAISEMENT, OR
7913	7913	LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM. (a) Any interested
7914	7914	person who considers an inventory, appraisement, or list of claims
7915	7915	filed for the estate to be erroneous or unjust in any particular
7916	7916	may:
7917	7917	(1) file a written complaint setting forth the alleged
7918	7918	erroneous or unjust item; and
7919	7919	(2) have the personal representative cited to appear
7920	7920	before the court and show cause why the item should not be
7921	7921	corrected.
7922	7922	(b) On the hearing of the complaint, if the court is
7923	7923	satisfied from the evidence that the inventory, appraisement, or
7924	7924	list of claims is erroneous or unjust as alleged in the complaint,
7925	7925	the court shall enter an order:
7926	7926	(1) specifying the erroneous or unjust item and the
7927	7927	corrections to be made; and
7928	7928	(2) appointing appraisers to make a new appraisement
7929	7929	correcting the erroneous or unjust item and requiring the filing of
7930	7930	the new appraisement before the 21st day after the date of the
7931	7931	order.
7932	7932	(c) The court on the court's own motion or that of the
7933	7933	personal representative may also have a new appraisement made for
7934	7934	the purposes described by this section. (Tex. Prob. Code, Sec.
7935	7935	258.)
7936	7936	Sec. 309.104. REAPPRAISEMENT. (a) A reappraisement made,
7937	7937	filed, and approved by the court replaces the original
7938	7938	appraisement. Not more than one reappraisement may be made.
7939	7939	(b) Notwithstanding Subsection (a), an interested person
7940	7940	may object to a reappraisement regardless of whether the court has
7941	7941	approved the reappraisement. If the court finds that the
7942	7942	reappraisement is erroneous or unjust, the court shall appraise the
7943	7943	property on the basis of the evidence before the court. (Tex. Prob.
7944	7944	Code, Sec. 259.)
7945	7945	[Sections 309.105-309.150 reserved for expansion]
7946	7946	SUBCHAPTER D. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS
7947	7947	EVIDENCE
7948	7948	Sec. 309.151. USE OF INVENTORY, APPRAISEMENT, AND LIST OF
7949	7949	CLAIMS AS EVIDENCE. Each inventory, appraisement, and list of
7950	7950	claims that has been made, filed, and approved in accordance with
7951	7951	law, the record of the inventory, appraisement, and list of claims,
7952	7952	or a copy of an original or the record that has been certified under
7953	7953	the seal of the county court affixed by the clerk:
7954	7954	(1) may be given in evidence in any court of this state
7955	7955	in any suit by or against the personal representative; and
7956	7956	(2) is not conclusive for or against the
7957	7957	representative if it is shown that:
7958	7958	(A) any property or claim of the estate is not
7959	7959	shown in the originals, the record, or the copies; or
7960	7960	(B) the value of the property or claim of the
7961	7961	estate exceeded the value shown in the appraisement or list of
7962	7962	claims. (Tex. Prob. Code, Sec. 261.)
7963	7963	CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
7964	7964	Sec. 310.001. DEFINITION
7965	7965	Sec. 310.002. APPLICABILITY OF OTHER LAW
7966	7966	Sec. 310.003. ALLOCATION OF EXPENSES
7967	7967	Sec. 310.004. INCOME DETERMINATION AND DISTRIBUTION
7968	7968	Sec. 310.005. TREATMENT OF INCOME RECEIVED BY TRUSTEE
7969	7969	Sec. 310.006. FREQUENCY AND METHOD OF DETERMINING
7970	7970	INTERESTS IN CERTAIN ESTATE ASSETS
7971	7971	CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
7972	7972	Sec. 310.001. DEFINITION. In this chapter, "undistributed
7973	7973	assets" includes funds used to pay debts, administration expenses,
7974	7974	and federal and state estate, inheritance, succession, and
7975	7975	generation-skipping transfer taxes until the date the debts,
7976	7976	expenses, and taxes are paid. (Tex. Prob. Code, Sec. 378B(h)
7977	7977	(part).)
7978	7978	Sec. 310.002. APPLICABILITY OF OTHER LAW. Chapter 116,
7979	7979	Property Code, controls to the extent of any conflict between this
7980	7980	chapter and Chapter 116, Property Code. (Tex. Prob. Code, Sec.
7981	7981	378B(i).)
7982	7982	Sec. 310.003. ALLOCATION OF EXPENSES. (a) Except as
7983	7983	provided by Section 310.004(a) and unless the will provides
7984	7984	otherwise, all expenses incurred in connection with the settlement
7985	7985	of a decedent's estate shall be charged against the principal of the
7986	7986	estate, including:
7987	7987	(1) debts;
7988	7988	(2) funeral expenses;
7989	7989	(3) estate taxes and penalties relating to estate
7990	7990	taxes; and
7991	7991	(4) family allowances.
7992	7992	(b) Fees and expenses of an attorney, accountant, or other
7993	7993	professional advisor, commissions and expenses of a personal
7994	7994	representative, court costs, and all other similar fees or expenses
7995	7995	relating to the administration of the estate and interest relating
7996	7996	to estate taxes shall be allocated between the income and principal
7997	7997	of the estate as the executor determines in the executor's
7998	7998	discretion to be just and equitable. (Tex. Prob. Code, Sec.
7999	7999	378B(a).)
8000	8000	Sec. 310.004. INCOME DETERMINATION AND DISTRIBUTION. (a)
8001	8001	Unless a will provides otherwise, income from the assets of a
8002	8002	decedent's estate that accrues after the death of the testator and
8003	8003	before distribution, including income from property used to
8004	8004	discharge liabilities, shall be:
8005	8005	(1) determined according to the rules applicable to a
8006	8006	trustee under the Texas Trust Code (Subtitle B, Title 9, Property
8007	8007	Code); and
8008	8008	(2) distributed as provided by Subsections (b) and (c)
8009	8009	and by Chapter 116, Property Code.
8010	8010	(b) Income from property devised to a specific devisee shall
8011	8011	be distributed to the devisee after reduction for:
8012	8012	(1) property taxes;
8013	8013	(2) other taxes, including taxes imposed on income
8014	8014	that accrues during the period of administration and that is
8015	8015	payable to the devisee;
8016	8016	(3) ordinary repairs;
8017	8017	(4) insurance premiums;
8018	8018	(5) interest accrued after the testator's death; and
8019	8019	(6) other expenses of management and operation of the
8020	8020	property.
8021	8021	(c) The balance of the net income shall be distributed to
8022	8022	all other devisees after reduction for the balance of property
8023	8023	taxes, ordinary repairs, insurance premiums, interest accrued,
8024	8024	other expenses of management and operation of all property from
8025	8025	which the estate is entitled to income, and taxes imposed on income
8026	8026	that accrues during the period of administration and that is
8027	8027	payable or allocable to the devisees, in proportion to the
8028	8028	devisees' respective interests in the undistributed assets of the
8029	8029	estate. (Tex. Prob. Code, Secs. 378B(b), (c), (d).)
8030	8030	Sec. 310.005. TREATMENT OF INCOME RECEIVED BY TRUSTEE.
8031	8031	Income received by a trustee under this chapter shall be treated as
8032	8032	income of the trust as provided by Section 116.101, Property Code.
8033	8033	(Tex. Prob. Code, Sec. 378B(g).)
8034	8034	Sec. 310.006. FREQUENCY AND METHOD OF DETERMINING INTERESTS
8035	8035	IN CERTAIN ESTATE ASSETS. Except as required by Sections 2055 and
8036	8036	2056, Internal Revenue Code of 1986 (26 U.S.C. Sections 2055 and
8037	8037	2056), the frequency and method of determining the beneficiaries'
8038	8038	respective interests in the undistributed assets of an estate are
8039	8039	in the sole and absolute discretion of the executor of the estate.
8040	8040	The executor may consider all relevant factors, including
8041	8041	administrative convenience and expense and the interests of the
8042	8042	various beneficiaries of the estate, to reach a fair and equitable
8043	8043	result among beneficiaries. (Tex. Prob. Code, Sec. 378B(h)
8044	8044	(part).)
8045	8045	[Chapters 311-350 reserved for expansion]
8046	8046	SUBTITLE H. CONTINUATION OF ADMINISTRATION
8047	8047	CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES IN GENERAL
8048	8048	GENERAL
8049	8049	SUBCHAPTER A. GENERAL PROVISIONS
8050	8050	Sec. 351.001. APPLICABILITY OF COMMON LAW
8051	8051	Sec. 351.002. APPEAL BOND
8052	8052	Sec. 351.003. CERTAIN COSTS ADJUDGED AGAINST PERSONAL
8053	8053	REPRESENTATIVE
8054	8054	[Sections 351.004-351.050 reserved for expansion]
8055	8055	SUBCHAPTER B. GENERAL AUTHORITY OF PERSONAL REPRESENTATIVES
8056	8056	Sec. 351.051. EXERCISE OF AUTHORITY UNDER COURT ORDER
8057	8057	Sec. 351.052. EXERCISE OF AUTHORITY WITHOUT COURT
8058	8058	ORDER
8059	8059	Sec. 351.053. AUTHORITY TO SERVE PENDING APPEAL OF
8060	8060	APPOINTMENT
8061	8061	Sec. 351.054. AUTHORITY TO COMMENCE SUITS
8062	8062	[Sections 351.055-351.100 reserved for expansion]
8063	8063	SUBCHAPTER C. POSSESSION AND CARE OF ESTATE PROPERTY
8064	8064	Sec. 351.101. DUTY OF CARE
8065	8065	Sec. 351.102. POSSESSION OF PERSONAL PROPERTY AND
8066	8066	RECORDS
8067	8067	Sec. 351.103. POSSESSION OF PROPERTY HELD IN COMMON
8068	8068	OWNERSHIP
8069	8069	Sec. 351.104. ADMINISTRATION OF PARTNERSHIP INTEREST
8070	8070	Sec. 351.105. HOLDING OF STOCKS, BONDS, AND OTHER
8071	8071	PERSONAL PROPERTY IN NOMINEE'S NAME
8072	8072	[Sections 351.106-351.150 reserved for expansion]
8073	8073	SUBCHAPTER D. COLLECTION OF CLAIMS; RECOVERY OF PROPERTY
8074	8074	Sec. 351.151. ORDINARY DILIGENCE REQUIRED
8075	8075	Sec. 351.152. CONTINGENT INTEREST FOR CERTAIN
8076	8076	ATTORNEY'S FEES; COURT APPROVAL
8077	8077	Sec. 351.153. RECOVERY OF CERTAIN EXPENSES
8078	8078	[Sections 351.154-351.200 reserved for expansion]
8079	8079	SUBCHAPTER E. OPERATION OF BUSINESS
8080	8080	Sec. 351.201. DEFINITION
8081	8081	Sec. 351.202. ORDER REQUIRING PERSONAL REPRESENTATIVE
8082	8082	TO OPERATE BUSINESS
8083	8083	Sec. 351.203. POWERS OF PERSONAL REPRESENTATIVE
8084	8084	REGARDING BUSINESS
8085	8085	Sec. 351.204. FIDUCIARY DUTIES OF PERSONAL
8086	8086	REPRESENTATIVE REGARDING BUSINESS
8087	8087	Sec. 351.205. REAL PROPERTY OF BUSINESS; NOTICE
8088	8088	[Sections 351.206-351.250 reserved for expansion]
8089	8089	SUBCHAPTER F. AUTHORITY TO ENGAGE IN CERTAIN BORROWING
8090	8090	Sec. 351.251. MORTGAGE OR PLEDGE OF ESTATE PROPERTY
8091	8091	AUTHORIZED IN CERTAIN CIRCUMSTANCES
8092	8092	Sec. 351.252. APPLICATION; ORDER
8093	8093	Sec. 351.253. TERM OF LOAN OR LIEN EXTENSION
8094	8094	[Sections 351.254-351.300 reserved for expansion]
8095	8095	SUBCHAPTER G. PAYMENT OF INCOME OF CERTAIN ESTATES DURING ADMINISTRATION
8096	8096	ADMINISTRATION
8097	8097	Sec. 351.301. APPLICABILITY OF SUBCHAPTER
8098	8098	Sec. 351.302. APPLICATION AND ORDER FOR PAYMENT OF
8099	8099	CERTAIN ESTATE INCOME
8100	8100	Sec. 351.303. TREATMENT OF CERTAIN AMOUNTS RECEIVED
8101	8101	FROM MINERAL LEASE
8102	8102	[Sections 351.304-351.350 reserved for expansion]
8103	8103	SUBCHAPTER H. CERTAIN ADMINISTERED ESTATES
8104	8104	Sec. 351.351. APPLICABILITY
8105	8105	Sec. 351.352. ENSURING COMPLIANCE WITH LAW
8106	8106	Sec. 351.353. ANNUAL EXAMINATION OF CERTAIN ESTATES;
8107	8107	BOND OF PERSONAL REPRESENTATIVE
8108	8108	Sec. 351.354. JUDGE'S LIABILITY
8109	8109	Sec. 351.355. IDENTIFYING INFORMATION
8110	8110	CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES IN
8111	8111	GENERAL
8112	8112	SUBCHAPTER A. GENERAL PROVISIONS
8113	8113	Sec. 351.001. APPLICABILITY OF COMMON LAW. The rights,
8114	8114	powers, and duties of executors and administrators are governed by
8115	8115	common law principles to the extent that those principles do not
8116	8116	conflict with the statutes of this state. (Tex. Prob. Code, Sec.
8117	8117	32.)
8118	8118	Sec. 351.002. APPEAL BOND. (a) Except as provided by
8119	8119	Subsection (b), an appeal bond is not required if an appeal is taken
8120	8120	by an executor or administrator.
8121	8121	(b) An executor or administrator must give an appeal bond if
8122	8122	the appeal personally concerns the executor or administrator.
8123	8123	(Tex. Prob. Code, Sec. 29.)
8124	8124	Sec. 351.003. CERTAIN COSTS ADJUDGED AGAINST PERSONAL
8125	8125	REPRESENTATIVE. If a personal representative neglects to perform a
8126	8126	required duty or is removed for cause, the representative and the
8127	8127	sureties on the representative's bond are liable for:
8128	8128	(1) the costs of removal and other additional costs
8129	8129	incurred that are not expenditures authorized by this title; and
8130	8130	(2) reasonable attorney's fees incurred in:
8131	8131	(A) removing the representative; or
8132	8132	(B) obtaining compliance regarding any statutory
8133	8133	duty the representative has neglected. (Tex. Prob. Code, Sec.
8134	8134	245.)
8135	8135	[Sections 351.004-351.050 reserved for expansion]
8136	8136	SUBCHAPTER B. GENERAL AUTHORITY OF PERSONAL REPRESENTATIVES
8137	8137	Sec. 351.051. EXERCISE OF AUTHORITY UNDER COURT ORDER. (a)
8138	8138	A personal representative of an estate may renew or extend any
8139	8139	obligation owed by or to the estate on application and order
8140	8140	authorizing the renewal or extension. If a personal representative
8141	8141	considers it in the interest of the estate, the representative may,
8142	8142	on written application to the court and if authorized by court
8143	8143	order:
8144	8144	(1) purchase or exchange property;
8145	8145	(2) take claims or property for the use and benefit of
8146	8146	the estate in payment of a debt due or owed to the estate;
8147	8147	(3) compound bad or doubtful debts due or owed to the
8148	8148	estate;
8149	8149	(4) make a compromise or settlement in relation to
8150	8150	property or a claim in dispute or litigation;
8151	8151	(5) compromise or pay in full any secured claim that
8152	8152	has been allowed and approved as required by law against the estate
8153	8153	by conveying to the holder of the claim the real estate or personal
8154	8154	property securing the claim:
8155	8155	(A) in full payment, liquidation, and
8156	8156	satisfaction of the claim; and
8157	8157	(B) in consideration of cancellation of notes,
8158	8158	deeds of trust, mortgages, chattel mortgages, or other evidences of
8159	8159	liens securing the payment of the claim; or
8160	8160	(6) abandon the administration of burdensome or
8161	8161	worthless estate property.
8162	8162	(b) Abandoned property may be foreclosed on by a mortgagee
8163	8163	or other secured party or a trustee without further court order.
8164	8164	(Tex. Prob. Code, Sec. 234(a).)
8165	8165	Sec. 351.052. EXERCISE OF AUTHORITY WITHOUT COURT ORDER.
8166	8166	(a) A personal representative of an estate may, without
8167	8167	application to or order of the court:
8168	8168	(1) release a lien on payment at maturity of the debt
8169	8169	secured by the lien;
8170	8170	(2) vote stocks by limited or general proxy;
8171	8171	(3) pay calls and assessments;
8172	8172	(4) insure the estate against liability in appropriate
8173	8173	cases;
8174	8174	(5) insure estate property against fire, theft, and
8175	8175	other hazards; or
8176	8176	(6) pay taxes, court costs, and bond premiums.
8177	8177	(b) A personal representative who is under court control may
8178	8178	apply and obtain a court order if the representative has doubts
8179	8179	regarding the propriety of the exercise of any power listed in
8180	8180	Subsection (a). (Tex. Prob. Code, Sec. 234(b).)
8181	8181	Sec. 351.053. AUTHORITY TO SERVE PENDING APPEAL OF
8182	8182	APPOINTMENT. Pending an appeal from an order or judgment
8183	8183	appointing an administrator or temporary administrator, the
8184	8184	appointee shall continue to:
8185	8185	(1) act as administrator or temporary administrator;
8186	8186	and
8187	8187	(2) prosecute any suit then pending in favor of the
8188	8188	estate. (Tex. Prob. Code, Sec. 28.)
8189	8189	Sec. 351.054. AUTHORITY TO COMMENCE SUITS. (a) An executor
8190	8190	or administrator appointed in this state may commence a suit for:
8191	8191	(1) recovery of personal property, debts, or damages;
8192	8192	or
8193	8193	(2) title to or possession of land, any right attached
8194	8194	to or arising from that land, or an injury or damage done to that
8195	8195	land.
8196	8196	(b) A judgment in a suit described by Subsection (a) is
8197	8197	conclusive, but may be set aside by any interested person for fraud
8198	8198	or collusion on the executor's or administrator's part. (Tex. Prob.
8199	8199	Code, Sec. 233A.)
8200	8200	[Sections 351.055-351.100 reserved for expansion]
8201	8201	SUBCHAPTER C. POSSESSION AND CARE OF ESTATE PROPERTY
8202	8202	Sec. 351.101. DUTY OF CARE. An executor or administrator of
8203	8203	an estate shall take care of estate property as a prudent person
8204	8204	would take of that person's own property, and if any buildings
8205	8205	belong to the estate, the executor or administrator shall keep
8206	8206	those buildings in good repair, except for extraordinary
8207	8207	casualties, unless directed by a court order not to do so. (Tex.
8208	8208	Prob. Code, Sec. 230.)
8209	8209	Sec. 351.102. POSSESSION OF PERSONAL PROPERTY AND RECORDS.
8210	8210	(a) Immediately after receiving letters testamentary or of
8211	8211	administration, the personal representative of an estate shall
8212	8212	collect and take possession of the estate's personal property,
8213	8213	record books, title papers, and other business papers.
8214	8214	(b) The personal representative shall deliver the property,
8215	8215	books, and papers described by Subsection (a) that are in the
8216	8216	representative's possession to the person or persons legally
8217	8217	entitled to the property, books, and papers when:
8218	8218	(1) the administration of the estate is closed; or
8219	8219	(2) a successor personal representative receives
8220	8220	letters testamentary or of administration. (Tex. Prob. Code, Sec.
8221	8221	232.)
8222	8222	Sec. 351.103. POSSESSION OF PROPERTY HELD IN COMMON
8223	8223	OWNERSHIP. If an estate holds or owns any property in common or as
8224	8224	part owner with another, the personal representative of the estate
8225	8225	is entitled to possession of the property in common with the other
8226	8226	part owner or owners in the same manner as other owners in common or
8227	8227	joint owners are entitled to possession of the property. (Tex.
8228	8228	Prob. Code, Sec. 235.)
8229	8229	Sec. 351.104. ADMINISTRATION OF PARTNERSHIP INTEREST. (a)
8230	8230	If a decedent was a partner in a general partnership and the
8231	8231	partnership agreement or articles of partnership provide that, on
8232	8232	the death of a partner, the partner's personal representative is
8233	8233	entitled to that partner's place in the partnership, a personal
8234	8234	representative accordingly contracting to enter the partnership
8235	8235	under the partnership agreement or articles of partnership is, to
8236	8236	the extent allowed by law, liable to a third person only to the
8237	8237	extent of:
8238	8238	(1) the deceased partner's capital in the partnership;
8239	8239	and
8240	8240	(2) the estate's assets held by the representative.
8241	8241	(b) This section does not exonerate a personal
8242	8242	representative from liability for the representative's negligence.
8243	8243	(Tex. Prob. Code, Sec. 238A.)
8244	8244	Sec. 351.105. HOLDING OF STOCKS, BONDS, AND OTHER PERSONAL
8245	8245	PROPERTY IN NOMINEE'S NAME. (a) Unless otherwise provided by the
8246	8246	will, a personal representative of an estate may cause stocks,
8247	8247	bonds, and other personal property of the estate to be registered
8248	8248	and held in the name of a nominee without mentioning the fiduciary
8249	8249	relationship in any instrument or record constituting or evidencing
8250	8250	title to that property. The representative is liable for the acts
8251	8251	of the nominee with respect to property registered in this manner.
8252	8252	The representative's records must at all times show the ownership
8253	8253	of the property.
8254	8254	(b) Any property registered in the manner described by
8255	8255	Subsection (a) shall be kept:
8256	8256	(1) in the possession and control of the personal
8257	8257	representative at all times; and
8258	8258	(2) separate from the representative's individual
8259	8259	property. (Tex. Prob. Code, Sec. 398A.)
8260	8260	[Sections 351.106-351.150 reserved for expansion]
8261	8261	SUBCHAPTER D. COLLECTION OF CLAIMS; RECOVERY OF PROPERTY
8262	8262	Sec. 351.151. ORDINARY DILIGENCE REQUIRED. (a) If there is
8263	8263	a reasonable prospect of collecting the claims or recovering the
8264	8264	property of an estate, the personal representative of the estate
8265	8265	shall use ordinary diligence to:
8266	8266	(1) collect all claims and debts due the estate; and
8267	8267	(2) recover possession of all property to which the
8268	8268	estate has claim or title.
8269	8269	(b) If a personal representative wilfully neglects to use
8270	8270	the ordinary diligence required under Subsection (a), the
8271	8271	representative and the sureties on the representative's bond are
8272	8272	liable, on the suit of any person interested in the estate, for the
8273	8273	use of the estate, for the amount of those claims or the value of
8274	8274	that property lost by the neglect. (Tex. Prob. Code, Sec. 233(a).)
8275	8275	Sec. 351.152. CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S
8276	8276	FEES; COURT APPROVAL. (a) Except as provided by Subsection (b) and
8277	8277	subject only to the approval of the court in which the estate is
8278	8278	being administered, a personal representative may convey or enter
8279	8279	into a contract to convey for attorney services a contingent
8280	8280	interest in any property sought to be recovered, not to exceed a
8281	8281	one-third interest in the property.
8282	8282	(b) A personal representative, including an independent
8283	8283	executor or independent administrator, may convey or enter into a
8284	8284	contract to convey for attorney services a contingent interest in
8285	8285	any property sought to be recovered under this subchapter in an
8286	8286	amount that exceeds a one-third interest in the property only on the
8287	8287	approval of the court in which the estate is being administered.
8288	8288	The court must approve a contract entered into or conveyance made
8289	8289	under this section before an attorney performs any legal services.
8290	8290	A contract entered into or a conveyance made in violation of this
8291	8291	section is void unless the court ratifies or reforms the contract or
8292	8292	documents relating to the conveyance to the extent necessary to
8293	8293	make the contract or conveyance meet the requirements of this
8294	8294	section.
8295	8295	(c) In approving a contract or conveyance under this
8296	8296	section, the court shall consider:
8297	8297	(1) the time and labor required, the novelty and
8298	8298	difficulty of the questions involved, and the skill required to
8299	8299	perform the legal services properly;
8300	8300	(2) the fee customarily charged in the locality for
8301	8301	similar legal services;
8302	8302	(3) the value of the property recovered or sought to be
8303	8303	recovered by the personal representative under this subchapter;
8304	8304	(4) the benefits to the estate that the attorney will
8305	8305	be responsible for securing; and
8306	8306	(5) the experience and ability of the attorney who
8307	8307	will perform the services. (Tex. Prob. Code, Secs. 233(b), (c),
8308	8308	(d).)
8309	8309	Sec. 351.153. RECOVERY OF CERTAIN EXPENSES. On proof
8310	8310	satisfactory to the court, a personal representative of an estate
8311	8311	is entitled to all necessary and reasonable expenses incurred by
8312	8312	the representative in:
8313	8313	(1) collecting or attempting to collect a claim or
8314	8314	debt owed to the estate; or
8315	8315	(2) recovering or attempting to recover property to
8316	8316	which the estate has a title or claim. (Tex. Prob. Code, Sec.
8317	8317	233(e).)
8318	8318	[Sections 351.154-351.200 reserved for expansion]
8319	8319	SUBCHAPTER E. OPERATION OF BUSINESS
8320	8320	Sec. 351.201. DEFINITION. In this subchapter, "business"
8321	8321	includes a farm, ranch, or factory. (Tex. Prob. Code, Sec. 238(a).)
8322	8322	Sec. 351.202. ORDER REQUIRING PERSONAL REPRESENTATIVE TO
8323	8323	OPERATE BUSINESS. (a) A court, after notice to all interested
8324	8324	persons and a hearing, may order the personal representative of an
8325	8325	estate to operate a business that is part of the estate and may
8326	8326	grant the representative the powers to operate the business that
8327	8327	the court determines are appropriate, after considering the factors
8328	8328	listed in Subsection (b), if:
8329	8329	(1) the disposition of the business has not been
8330	8330	specifically directed by the decedent's will;
8331	8331	(2) it is not necessary to sell the business at once
8332	8332	for the payment of debts or for any other lawful purpose; and
8333	8333	(3) the court determines that the operation of the
8334	8334	business by the representative is in the best interest of the
8335	8335	estate.
8336	8336	(b) In determining which powers to grant a personal
8337	8337	representative in an order entered under Subsection (a), the court
8338	8338	shall consider:
8339	8339	(1) the condition of the estate and the business;
8340	8340	(2) the necessity that may exist for the future sale of
8341	8341	the business or of business property to provide for payment of debts
8342	8342	or claims against the estate or other lawful expenditures with
8343	8343	respect to the estate;
8344	8344	(3) the effect of the order on the speedy settlement of
8345	8345	the estate; and
8346	8346	(4) the best interests of the estate. (Tex. Prob.
8347	8347	Code, Secs. 238(b), (f).)
8348	8348	Sec. 351.203. POWERS OF PERSONAL REPRESENTATIVE REGARDING
8349	8349	BUSINESS. (a) A personal representative granted authority to
8350	8350	operate a business in an order entered under Section 351.202(a) has
8351	8351	the powers granted under Section 351.052, regardless of whether the
8352	8352	order specifies that the representative has those powers, unless
8353	8353	the order specifically provides that the representative does not
8354	8354	have one or more of the powers listed in Section 351.052.
8355	8355	(b) In addition to the powers granted to the personal
8356	8356	representative under Section 351.052, subject to any specific
8357	8357	limitation on those powers in accordance with Subsection (a), an
8358	8358	order entered under Section 351.202(a) may grant the representative
8359	8359	one or more of the following powers:
8360	8360	(1) the power to hire, pay, and terminate the
8361	8361	employment of employees of the business;
8362	8362	(2) the power to incur debt on behalf of the business,
8363	8363	including debt secured by liens against assets of the business or
8364	8364	estate, if permitted or directed by the order;
8365	8365	(3) the power to purchase and sell property in the
8366	8366	ordinary course of the operation of the business, including the
8367	8367	power to purchase and sell real property if the court finds that the
8368	8368	principal purpose of the business is the purchasing and selling of
8369	8369	real property and the order states that finding;
8370	8370	(4) the power to enter into a lease or contract, the
8371	8371	term of which may extend beyond the settlement of the estate, but
8372	8372	only to the extent that granting the power appears to be consistent
8373	8373	with the speedy settlement of the estate; and
8374	8374	(5) any other power the court finds necessary with
8375	8375	respect to the operation of the business.
8376	8376	(c) If the order entered under Section 351.202(a) gives the
8377	8377	personal representative the power to purchase, sell, lease, or
8378	8378	otherwise encumber property:
8379	8379	(1) the purchase, sale, lease, or encumbrance is
8380	8380	governed by the terms of the order; and
8381	8381	(2) the representative is not required to comply with
8382	8382	any other provision of this title regarding the purchase, sale,
8383	8383	lease, or encumbrance, including any provision requiring citation
8384	8384	or notice. (Tex. Prob. Code, Secs. 238(c), (d), (e).)
8385	8385	Sec. 351.204. FIDUCIARY DUTIES OF PERSONAL REPRESENTATIVE
8386	8386	REGARDING BUSINESS. (a) A personal representative who operates a
8387	8387	business under an order entered under Section 351.202(a) has the
8388	8388	same fiduciary duties as a representative who does not operate a
8389	8389	business that is part of an estate.
8390	8390	(b) In operating a business under an order entered under
8391	8391	Section 351.202(a), a personal representative shall consider:
8392	8392	(1) the condition of the estate and the business;
8393	8393	(2) the necessity that may exist for the future sale of
8394	8394	the business or of business property to provide for payment of debts
8395	8395	or claims against the estate or other lawful expenditures with
8396	8396	respect to the estate;
8397	8397	(3) the effect of the order on the speedy settlement of
8398	8398	the estate; and
8399	8399	(4) the best interests of the estate.
8400	8400	(c) A personal representative who operates a business under
8401	8401	an order entered under Section 351.202(a) shall report to the court
8402	8402	with respect to the operation and condition of the business as part
8403	8403	of the accounts required by Chapters 359 and 362, unless the court
8404	8404	orders the reports regarding the business to be made more
8405	8405	frequently or in a different manner or form. (Tex. Prob. Code, Sec.
8406	8406	238(g).)
8407	8407	Sec. 351.205. REAL PROPERTY OF BUSINESS; NOTICE. (a) A
8408	8408	personal representative shall file a notice in the real property
8409	8409	records of the county in which the real property is located before
8410	8410	purchasing, selling, leasing, or otherwise encumbering any real
8411	8411	property of the business in accordance with an order entered under
8412	8412	Section 351.202(a).
8413	8413	(b) The notice filed under Subsection (a) must:
8414	8414	(1) state:
8415	8415	(A) the decedent's name;
8416	8416	(B) the county of the court in which the
8417	8417	decedent's estate is pending;
8418	8418	(C) the cause number assigned to the pending
8419	8419	estate; and
8420	8420	(D) that one or more orders have been entered
8421	8421	under Section 351.202(a); and
8422	8422	(2) include a description of the property that is the
8423	8423	subject of the purchase, sale, lease, or other encumbrance.
8424	8424	(c) For purposes of determining a personal representative's
8425	8425	authority with respect to a purchase, sale, lease, or other
8426	8426	encumbrance of real property of a business that is part of an
8427	8427	estate, a third party who deals in good faith with the
8428	8428	representative with respect to the transaction may rely on the
8429	8429	notice filed under Subsection (a) and an order entered under
8430	8430	Section 351.202(a) and filed as part of the estate records
8431	8431	maintained by the clerk of the court in which the estate is pending.
8432	8432	(Tex. Prob. Code, Secs. 238(h), (i).)
8433	8433	[Sections 351.206-351.250 reserved for expansion]
8434	8434	SUBCHAPTER F. AUTHORITY TO ENGAGE IN CERTAIN BORROWING
8435	8435	Sec. 351.251. MORTGAGE OR PLEDGE OF ESTATE PROPERTY
8436	8436	AUTHORIZED IN CERTAIN CIRCUMSTANCES. Under order of the court, a
8437	8437	personal representative of an estate may mortgage or pledge by deed
8438	8438	of trust or otherwise as security for an indebtedness any property
8439	8439	of the estate as necessary for:
8440	8440	(1) the payment of any ad valorem, income, gift,
8441	8441	estate, inheritance, or transfer taxes on the transfer of an estate
8442	8442	or due from a decedent or the estate, regardless of whether those
8443	8443	taxes are assessed by a state, a political subdivision of a state,
8444	8444	the federal government, or a foreign country;
8445	8445	(2) the payment of expenses of administration,
8446	8446	including amounts necessary for operation of a business, farm, or
8447	8447	ranch owned by the estate;
8448	8448	(3) the payment of claims allowed and approved, or
8449	8449	established by suit, against the estate; or
8450	8450	(4) the renewal and extension of an existing lien.
8451	8451	(Tex. Prob. Code, Sec. 329(a).)
8452	8452	Sec. 351.252. APPLICATION; ORDER. (a) If necessary to
8453	8453	borrow money for a purpose described by Section 351.251 or to create
8454	8454	or extend a lien on estate property as security, the personal
8455	8455	representative of the estate shall file a sworn application for
8456	8456	that authority with the court. The application must state fully and
8457	8457	in detail the circumstances that the representative believes make
8458	8458	the granting of the authority necessary.
8459	8459	(b) On the filing of an application under Subsection (a),
8460	8460	the clerk shall issue and have posted a citation to all interested
8461	8461	persons, stating the nature of the application and requiring any
8462	8462	interested person who chooses to do so to appear and show cause, if
8463	8463	any, why the application should not be granted.
8464	8464	(c) If satisfied by the evidence adduced at the hearing on
8465	8465	an application filed under Subsection (a) that it is in the interest
8466	8466	of the estate to borrow money or to extend and renew an existing
8467	8467	lien, the court shall issue an order to that effect that sets out
8468	8468	the terms of the authority granted under the order.
8469	8469	(d) If a new lien is created on estate property, the court
8470	8470	may require, for the protection of the estate and the creditors,
8471	8471	that the personal representative's general bond be increased or an
8472	8472	additional bond given, as for the sale of real property belonging to
8473	8473	the estate. (Tex. Prob. Code, Secs. 329(b), (c) (part).)
8474	8474	Sec. 351.253. TERM OF LOAN OR LIEN EXTENSION. Except as
8475	8475	otherwise provided by this section, the term of a loan or lien
8476	8476	renewal authorized under Section 351.252 may not exceed a period of
8477	8477	three years from the date original letters testamentary or of
8478	8478	administration are granted to the personal representative of the
8479	8479	affected estate. The court may authorize an extension of a lien
8480	8480	renewed under Section 351.252 for not more than one additional year
8481	8481	without further citation or notice. (Tex. Prob. Code, Sec. 329(c)
8482	8482	(part).)
8483	8483	[Sections 351.254-351.300 reserved for expansion]
8484	8484	SUBCHAPTER G. PAYMENT OF INCOME OF CERTAIN ESTATES DURING
8485	8485	ADMINISTRATION
8486	8486	Sec. 351.301. APPLICABILITY OF SUBCHAPTER. This subchapter
8487	8487	applies only to the estate of a decedent that is being administered
8488	8488	under the direction, control, and orders of a court in the exercise
8489	8489	of the court's probate jurisdiction. (Tex. Prob. Code, Sec. 239
8490	8490	(part).)
8491	8491	Sec. 351.302. APPLICATION AND ORDER FOR PAYMENT OF CERTAIN
8492	8492	ESTATE INCOME. (a) On the application of the executor or
8493	8493	administrator of an estate or of any interested party, and after
8494	8494	notice of the application has been given by posting, the court may
8495	8495	order and direct the executor or administrator to pay, or credit to
8496	8496	the account of, those persons who the court finds will own the
8497	8497	estate assets when administration on the estate is completed, and
8498	8498	in the same proportions, that part of the annual net income received
8499	8499	by or accruing to the estate that the court finds can conveniently
8500	8500	be paid to those owners without prejudice to the rights of
8501	8501	creditors, legatees, or other interested parties, if:
8502	8502	(1) it appears from evidence introduced at a hearing
8503	8503	on the application, and the court finds, that the reasonable market
8504	8504	value of the estate assets on hand at that time, excluding the
8505	8505	annual income from the estate assets, is at least twice the
8506	8506	aggregate amount of all unpaid debts, administration expenses, and
8507	8507	legacies; and
8508	8508	(2) no estate creditor or legatee has appeared and
8509	8509	objected.
8510	8510	(b) Except as otherwise provided by this title, nothing in
8511	8511	this subchapter authorizes the court to order paid over to the
8512	8512	owners of the estate any part of the principal of the estate. (Tex.
8513	8513	Prob. Code, Sec. 239 (part).)
8514	8514	Sec. 351.303. TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM
8515	8515	MINERAL LEASE. For the purposes of this subchapter, bonuses,
8516	8516	rentals, and royalties received for or from an oil, gas, or other
8517	8517	mineral lease shall be treated as income rather than as principal.
8518	8518	(Tex. Prob. Code, Sec. 239 (part).)
8519	8519	[Sections 351.304-351.350 reserved for expansion]
8520	8520	SUBCHAPTER H. CERTAIN ADMINISTERED ESTATES
8521	8521	Sec. 351.351. APPLICABILITY. This subchapter does not
8522	8522	apply to:
8523	8523	(1) the appointment of an independent executor or
8524	8524	administrator under Section 145(c), (d), or (e); or
8525	8525	(2) the appointment of a successor independent
8526	8526	executor under Section 154A. (Tex. Prob. Code, Secs. 145(q)
8527	8527	(part), 154A(i) (part).)
8528	8528	Sec. 351.352. ENSURING COMPLIANCE WITH LAW. A county or
8529	8529	probate court shall use reasonable diligence to see that personal
8530	8530	representatives of estates administered under court orders and
8531	8531	other officers of the court perform the duty enjoined on them by law
8532	8532	applicable to those estates. (Tex. Prob. Code, Sec. 36(a) (part).)
8533	8533	Sec. 351.353. ANNUAL EXAMINATION OF CERTAIN ESTATES; BOND
8534	8534	OF PERSONAL REPRESENTATIVE. For each estate administered under
8535	8535	orders of a county or probate court, the judge shall, if the judge
8536	8536	considers it necessary, annually examine the condition of the
8537	8537	estate and the solvency of the bond of the estate's personal
8538	8538	representative. If the judge finds the representative's bond is
8539	8539	not sufficient to protect the estate, the judge shall require the
8540	8540	representative to execute a new bond in accordance with law. In
8541	8541	each case, the judge, as provided by law, shall notify the
8542	8542	representative and the sureties on the representative's bond.
8543	8543	(Tex. Prob. Code, Sec. 36(a) (part).)
8544	8544	Sec. 351.354. JUDGE'S LIABILITY. A judge is liable on the
8545	8545	judge's bond to those damaged if damage or loss results to an estate
8546	8546	administered under orders of a county or probate court from the
8547	8547	gross neglect of the judge to use reasonable diligence in the
8548	8548	performance of the judge's duty under this subchapter. (Tex. Prob.
8549	8549	Code, Sec. 36(a) (part).)
8550	8550	Sec. 351.355. IDENTIFYING INFORMATION. (a) The court may
8551	8551	request an applicant or court-appointed fiduciary to produce other
8552	8552	information identifying an applicant, decedent, or personal
8553	8553	representative, including a social security number, in addition to
8554	8554	identifying information the applicant or fiduciary is required to
8555	8555	produce under this title.
8556	8556	(b) The court shall maintain any information required under
8557	8557	this section, and the information may not be filed with the clerk.
8558	8558	(Tex. Prob. Code, Sec. 36(b).)
8559	8559	CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL REPRESENTATIVES AND OTHERS
8560	8560	AND OTHERS
8561	8561	SUBCHAPTER A. COMPENSATION OF PERSONAL REPRESENTATIVES
8562	8562	Sec. 352.001. DEFINITION
8563	8563	Sec. 352.002. STANDARD COMPENSATION
8564	8564	Sec. 352.003. ALTERNATE COMPENSATION
8565	8565	Sec. 352.004. DENIAL OF COMPENSATION
8566	8566	[Sections 352.005-352.050 reserved for expansion]
8567	8567	SUBCHAPTER B. EXPENSES OF PERSONAL REPRESENTATIVES AND OTHERS
8568	8568	Sec. 352.051. EXPENSES; ATTORNEY'S FEES
8569	8569	Sec. 352.052. ALLOWANCE FOR DEFENSE OF WILL
8570	8570	Sec. 352.053. EXPENSE CHARGES
8571	8571	CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL REPRESENTATIVES
8572	8572	AND OTHERS
8573	8573	SUBCHAPTER A. COMPENSATION OF PERSONAL REPRESENTATIVES
8574	8574	Sec. 352.001. DEFINITION. In this subchapter, "financial
8575	8575	institution" means an organization authorized to engage in business
8576	8576	under state or federal laws relating to financial institutions,
8577	8577	including:
8578	8578	(1) a bank;
8579	8579	(2) a trust company;
8580	8580	(3) a savings bank;
8581	8581	(4) a building and loan association;
8582	8582	(5) a savings and loan company or association; and
8583	8583	(6) a credit union. (Tex. Prob. Code, Sec. 241(b).)
8584	8584	Sec. 352.002. STANDARD COMPENSATION. (a) An executor,
8585	8585	administrator, or temporary administrator a court finds to have
8586	8586	taken care of and managed an estate in compliance with the standards
8587	8587	of this title is entitled to receive a five percent commission on
8588	8588	all amounts that the executor or administrator actually receives or
8589	8589	pays out in cash in the administration of the estate.
8590	8590	(b) The commission described by Subsection (a):
8591	8591	(1) may not exceed, in the aggregate, more than five
8592	8592	percent of the gross fair market value of the estate subject to
8593	8593	administration; and
8594	8594	(2) is not allowed for:
8595	8595	(A) receiving funds belonging to the testator or
8596	8596	intestate that were, at the time of the testator's or intestate's
8597	8597	death, either on hand or held for the testator or intestate in a
8598	8598	financial institution or a brokerage firm, including cash or a cash
8599	8599	equivalent held in a checking account, savings account, certificate
8600	8600	of deposit, or money market account;
8601	8601	(B) collecting the proceeds of a life insurance
8602	8602	policy; or
8603	8603	(C) paying out cash to an heir or legatee in that
8604	8604	person's capacity as an heir or legatee. (Tex. Prob. Code, Sec.
8605	8605	241(a) (part).)
8606	8606	Sec. 352.003. ALTERNATE COMPENSATION. (a) The court may
8607	8607	allow an executor, administrator, or temporary administrator
8608	8608	reasonable compensation for the executor's or administrator's
8609	8609	services, including unusual efforts to collect funds or life
8610	8610	insurance, if:
8611	8611	(1) the executor or administrator manages a farm,
8612	8612	ranch, factory, or other business of the estate; or
8613	8613	(2) the compensation calculated under Section 352.002
8614	8614	is unreasonably low.
8615	8615	(b) The county court has jurisdiction to receive, consider,
8616	8616	and act on applications from independent executors for purposes of
8617	8617	this section. (Tex. Prob. Code, Sec. 241(a) (part).)
8618	8618	Sec. 352.004. DENIAL OF COMPENSATION. The court may, on
8619	8619	application of an interested person or on the court's own motion,
8620	8620	wholly or partly deny a commission allowed by this subchapter if:
8621	8621	(1) the court finds that the executor or administrator
8622	8622	has not taken care of and managed estate property prudently; or
8623	8623	(2) the executor or administrator has been removed
8624	8624	under Section 149C or Subchapter B, Chapter 361. (Tex. Prob. Code,
8625	8625	Sec. 241(a) (part).)
8626	8626	[Sections 352.005-352.050 reserved for expansion]
8627	8627	SUBCHAPTER B. EXPENSES OF PERSONAL REPRESENTATIVES AND OTHERS
8628	8628	Sec. 352.051. EXPENSES; ATTORNEY'S FEES. On proof
8629	8629	satisfactory to the court, a personal representative of an estate
8630	8630	is entitled to:
8631	8631	(1) necessary and reasonable expenses incurred by the
8632	8632	representative in:
8633	8633	(A) preserving, safekeeping, and managing the
8634	8634	estate;
8635	8635	(B) collecting or attempting to collect claims or
8636	8636	debts; and
8637	8637	(C) recovering or attempting to recover property
8638	8638	to which the estate has a title or claim; and
8639	8639	(2) reasonable attorney's fees necessarily incurred in
8640	8640	connection with the proceedings and management of the estate. (Tex.
8641	8641	Prob. Code, Sec. 242.)
8642	8642	Sec. 352.052. ALLOWANCE FOR DEFENSE OF WILL. (a) A person
8643	8643	designated as executor in a will or an alleged will, or as
8644	8644	administrator with the will or alleged will annexed, who, for the
8645	8645	purpose of having the will or alleged will admitted to probate,
8646	8646	defends the will or alleged will or prosecutes any proceeding in
8647	8647	good faith and with just cause, whether or not successful, shall be
8648	8648	allowed out of the estate the executor's or administrator's
8649	8649	necessary expenses and disbursements in those proceedings,
8650	8650	including reasonable attorney's fees.
8651	8651	(b) A person designated as a devisee in or beneficiary of a
8652	8652	will or an alleged will, or as administrator with the will or
8653	8653	alleged will annexed, who, for the purpose of having the will or
8654	8654	alleged will admitted to probate, defends the will or alleged will
8655	8655	or prosecutes any proceeding in good faith and with just cause,
8656	8656	whether or not successful, may be allowed out of the estate the
8657	8657	person's necessary expenses and disbursements in those
8658	8658	proceedings, including reasonable attorney's fees. (Tex. Prob.
8659	8659	Code, Sec. 243.)
8660	8660	Sec. 352.053. EXPENSE CHARGES. (a) The court shall act on
8661	8661	expense charges in the same manner as other claims against the
8662	8662	estate.
8663	8663	(b) All expense charges shall be:
8664	8664	(1) made in writing, showing specifically each item of
8665	8665	expense and the date of the expense;
8666	8666	(2) verified by the personal representative's
8667	8667	affidavit;
8668	8668	(3) filed with the clerk; and
8669	8669	(4) entered on the claim docket. (Tex. Prob. Code,
8670	8670	Sec. 244.)
8671	8671	CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
8672	8672	SUBCHAPTER A. GENERAL PROVISIONS
8673	8673	Sec. 353.001. TREATMENT OF CERTAIN CHILDREN
8674	8674	[Sections 353.002-353.050 reserved for expansion]
8675	8675	SUBCHAPTER B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT PROPERTY
8676	8676	PROPERTY
8677	8677	Sec. 353.051. EXEMPT PROPERTY TO BE SET ASIDE
8678	8678	Sec. 353.052. DELIVERY OF EXEMPT PROPERTY
8679	8679	Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY
8680	8680	Sec. 353.054. PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT
8681	8681	PROPERTY
8682	8682	Sec. 353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF
8683	8683	EXEMPT PROPERTY
8684	8684	Sec. 353.056. SALE OF PROPERTY TO RAISE FUNDS FOR
8685	8685	ALLOWANCE IN LIEU OF EXEMPT PROPERTY
8686	8686	[Sections 353.057-353.100 reserved for expansion]
8687	8687	SUBCHAPTER C. FAMILY ALLOWANCE
8688	8688	Sec. 353.101. FAMILY ALLOWANCE
8689	8689	Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY
8690	8690	ALLOWANCE
8691	8691	Sec. 353.103. ORDER FIXING FAMILY ALLOWANCE
8692	8692	Sec. 353.104. PREFERENCE OF FAMILY ALLOWANCE
8693	8693	Sec. 353.105. PAYMENT OF FAMILY ALLOWANCE
8694	8694	Sec. 353.106. SURVIVING SPOUSE OR MINOR CHILDREN MAY
8695	8695	ALLOWANCE
8696	8696	Sec. 353.107. SALE OF ESTATE PROPERTY TO RAISE FUNDS
8697	8697	FOR FAMILY ALLOWANCE
8698	8698	[Sections 353.108-353.150 reserved for expansion]
8699	8699	SUBCHAPTER D. LIENS ON AND DISPOSITION OF EXEMPT PROPERTY AND PROPERTY TAKEN AS ALLOWANCE
8700	8700	PROPERTY TAKEN AS ALLOWANCE
8701	8701	Sec. 353.151. LIENS
8702	8702	Sec. 353.152. DISTRIBUTION OF EXEMPT PROPERTY OF
8703	8703	SOLVENT ESTATE
8704	8704	Sec. 353.153. TITLE TO PROPERTY OF INSOLVENT ESTATE
8705	8705	Sec. 353.154. CERTAIN PROPERTY NOT CONSIDERED IN
8706	8706	DETERMINING SOLVENCY
8707	8707	Sec. 353.155. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS
8708	8708	CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
8709	8709	SUBCHAPTER A. GENERAL PROVISIONS
8710	8710	Sec. 353.001. TREATMENT OF CERTAIN CHILDREN. For purposes
8711	8711	of distributing exempt property and making a family allowance, a
8712	8712	child is a child of his or her mother and a child of his or her
8713	8713	father, as provided by Sections 201.051, 201.052, and 201.053.
8714	8714	(Tex. Prob. Code, Sec. 42(c) (part).)
8715	8715	[Sections 353.002-353.050 reserved for expansion]
8716	8716	SUBCHAPTER B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT
8717	8717	PROPERTY
8718	8718	Sec. 353.051. EXEMPT PROPERTY TO BE SET ASIDE. (a) Unless
8719	8719	an application and verified affidavit are filed as provided by
8720	8720	Subsection (b), immediately after the inventory, appraisement, and
8721	8721	list of claims of an estate are approved, the court by order shall
8722	8722	set aside:
8723	8723	(1) the homestead for the use and benefit of the
8724	8724	decedent's surviving spouse and minor children; and
8725	8725	(2) all other estate property that is exempt from
8726	8726	execution or forced sale by the constitution and laws of this state
8727	8727	for the use and benefit of the decedent's:
8728	8728	(A) surviving spouse and minor children; and
8729	8729	(B) unmarried children remaining with the
8730	8730	decedent's family.
8731	8731	(b) Before the inventory, appraisement, and list of claims
8732	8732	of an estate are approved:
8733	8733	(1) the decedent's surviving spouse or any other
8734	8734	person authorized to act on behalf of the decedent's minor children
8735	8735	may apply to the court to have exempt property, including the
8736	8736	homestead, set aside by filing an application and a verified
8737	8737	affidavit listing all property that the applicant claims is exempt;
8738	8738	and
8739	8739	(2) any of the decedent's unmarried children remaining
8740	8740	with the decedent's family may apply to the court to have all exempt
8741	8741	property, other than the homestead, set aside by filing an
8742	8742	application and a verified affidavit listing all property, other
8743	8743	than the homestead, that the applicant claims is exempt.
8744	8744	(c) At a hearing on an application filed under Subsection
8745	8745	(b), the applicant has the burden of proof by a preponderance of the
8746	8746	evidence. The court shall set aside property of the decedent's
8747	8747	estate that the court finds is exempt. (Tex. Prob. Code, Sec. 271.)
8748	8748	Sec. 353.052. DELIVERY OF EXEMPT PROPERTY. (a) The
8749	8749	executor or administrator of an estate shall deliver, without
8750	8750	delay, exempt property that has been set aside for the decedent's
8751	8751	surviving spouse and children in accordance with this section.
8752	8752	(b) If there is a surviving spouse and there are no children
8753	8753	of the decedent, or if all the children of the decedent are also the
8754	8754	children of the surviving spouse, the executor or administrator
8755	8755	shall deliver all exempt property to the surviving spouse.
8756	8756	(c) If there is a surviving spouse and there are children of
8757	8757	the decedent who are not also children of the surviving spouse, the
8758	8758	executor or administrator shall deliver the share of those children
8759	8759	in exempt property, other than the homestead, to:
8760	8760	(1) the children, if the children are of legal age; or
8761	8761	(2) the children's guardian, if the children are
8762	8762	minors.
8763	8763	(d) If there is no surviving spouse and there are children
8764	8764	of the decedent, the executor or administrator shall deliver exempt
8765	8765	property, other than the homestead, to:
8766	8766	(1) the children, if the children are of legal age; or
8767	8767	(2) the children's guardian, if the children are
8768	8768	minors.
8769	8769	(e) In all cases, the executor or administrator shall
8770	8770	deliver the homestead to:
8771	8771	(1) the decedent's surviving spouse, if there is a
8772	8772	surviving spouse; or
8773	8773	(2) the guardian of the decedent's minor children, if
8774	8774	there is not a surviving spouse. (Tex. Prob. Code, Sec. 272.)
8775	8775	Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) If
8776	8776	all or any of the specific articles exempt from execution or forced
8777	8777	sale by the constitution and laws of this state are not among the
8778	8778	decedent's effects, the court shall make, in lieu of the articles
8779	8779	not among the effects, a reasonable allowance to be paid to the
8780	8780	decedent's surviving spouse and children as provided by Section
8781	8781	353.054.
8782	8782	(b) The allowance in lieu of a homestead may not exceed
8783	8783	$15,000, and the allowance in lieu of other exempt property may not
8784	8784	exceed $5,000, excluding the family allowance for the support of
8785	8785	the surviving spouse and minor children provided by Subchapter C.
8786	8786	(Tex. Prob. Code, Sec. 273.)
8787	8787	Sec. 353.054. PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT
8788	8788	PROPERTY. (a) The executor or administrator of an estate shall pay
8789	8789	an allowance in lieu of exempt property in accordance with this
8790	8790	section.
8791	8791	(b) If there is a surviving spouse and there are no children
8792	8792	of the decedent, or if all the children of the decedent are also the
8793	8793	children of the surviving spouse, the executor or administrator
8794	8794	shall pay the entire allowance to the surviving spouse.
8795	8795	(c) If there is a surviving spouse and there are children of
8796	8796	the decedent who are not also children of the surviving spouse, the
8797	8797	executor or administrator shall pay the surviving spouse one-half
8798	8798	of the entire allowance plus the shares of the decedent's children
8799	8799	of whom the surviving spouse is the parent. The remaining shares
8800	8800	must be paid to:
8801	8801	(1) the decedent's children of whom the surviving
8802	8802	spouse is not a parent; or
8803	8803	(2) the guardian of the children described by
8804	8804	Subdivision (1), if those children are minors.
8805	8805	(d) If there is no surviving spouse and there are children
8806	8806	of the decedent, the executor or administrator shall divide the
8807	8807	entire allowance equally among the children and pay the children's
8808	8808	shares to the children, if the children are of legal age, or, if any
8809	8809	of the children are minors, pay the minor children's shares to the
8810	8810	guardian of the minor children. (Tex. Prob. Code, Sec. 275.)
8811	8811	Sec. 353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT
8812	8812	PROPERTY. (a) An allowance in lieu of any exempt property shall be
8813	8813	paid in the manner selected by the decedent's surviving spouse or
8814	8814	children of legal age, or by the guardian of the decedent's minor
8815	8815	children, as follows:
8816	8816	(1) in money out of estate funds that come into the
8817	8817	executor's or administrator's possession;
8818	8818	(2) in any of the decedent's property or a part of the
8819	8819	property chosen by those individuals at the appraisement; or
8820	8820	(3) part in money described by Subdivision (1) and
8821	8821	part in property described by Subdivision (2).
8822	8822	(b) Property specifically devised to another may be taken as
8823	8823	provided by Subsection (a) only if other available property is
8824	8824	insufficient to pay the allowance. (Tex. Prob. Code, Sec. 274
8825	8825	(part).)
8826	8826	Sec. 353.056. SALE OF PROPERTY TO RAISE FUNDS FOR ALLOWANCE
8827	8827	IN LIEU OF EXEMPT PROPERTY. (a) On the written application of the
8828	8828	decedent's surviving spouse and children, the court shall order the
8829	8829	sale of estate property for cash in an amount that will be
8830	8830	sufficient to raise the amount of the allowance provided under
8831	8831	Section 353.053 or a portion of that amount, as necessary, if:
8832	8832	(1) the decedent had no property that the surviving
8833	8833	spouse or children are willing to take for the allowance or the
8834	8834	decedent had insufficient property; and
8835	8835	(2) there are not sufficient estate funds in the
8836	8836	executor's or administrator's possession to pay the amount of the
8837	8837	allowance or a portion of that amount, as applicable.
8838	8838	(b) Property specifically devised to another may be sold to
8839	8839	raise cash as provided by Subsection (a) only if other available
8840	8840	property is insufficient to pay the allowance. (Tex. Prob. Code,
8841	8841	Secs. 274 (part), 276.)
8842	8842	[Sections 353.057-353.100 reserved for expansion]
8843	8843	SUBCHAPTER C. FAMILY ALLOWANCE
8844	8844	Sec. 353.101. FAMILY ALLOWANCE. (a) Unless an application
8845	8845	and verified affidavit are filed as provided by Subsection (b),
8846	8846	immediately after the inventory, appraisement, and list of claims
8847	8847	of an estate are approved, the court shall fix a family allowance
8848	8848	for the support of the decedent's surviving spouse and minor
8849	8849	children.
8850	8850	(b) Before the inventory, appraisement, and list of claims
8851	8851	of an estate are approved, the decedent's surviving spouse or any
8852	8852	other person authorized to act on behalf of the decedent's minor
8853	8853	children may apply to the court to have the court fix the family
8854	8854	allowance by filing an application and a verified affidavit
8855	8855	describing:
8856	8856	(1) the amount necessary for the maintenance of the
8857	8857	surviving spouse and the decedent's minor children for one year
8858	8858	after the date of the decedent's death; and
8859	8859	(2) the surviving spouse's separate property and any
8860	8860	property that the decedent's minor children have in their own
8861	8861	right.
8862	8862	(c) At a hearing on an application filed under Subsection
8863	8863	(b), the applicant has the burden of proof by a preponderance of the
8864	8864	evidence. The court shall fix a family allowance for the support of
8865	8865	the decedent's surviving spouse and minor children.
8866	8866	(d) A family allowance may not be made for:
8867	8867	(1) the decedent's surviving spouse, if the surviving
8868	8868	spouse has separate property adequate for the surviving spouse's
8869	8869	maintenance; or
8870	8870	(2) the decedent's minor children, if the minor
8871	8871	children have property in their own right adequate for the
8872	8872	children's maintenance. (Tex. Prob. Code, Secs. 286, 288.)
8873	8873	Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY
8874	8874	ALLOWANCE. (a) The amount of the family allowance must be
8875	8875	sufficient for the maintenance of the decedent's surviving spouse
8876	8876	and minor children for one year from the date of the decedent's
8877	8877	death.
8878	8878	(b) The allowance must be fixed with regard to the facts or
8879	8879	circumstances then existing and the facts and circumstances
8880	8880	anticipated to exist during the first year after the decedent's
8881	8881	death.
8882	8882	(c) The allowance may be paid in a lump sum or in
8883	8883	installments, as ordered by the court. (Tex. Prob. Code, Sec. 287.)
8884	8884	Sec. 353.103. ORDER FIXING FAMILY ALLOWANCE. When a family
8885	8885	allowance has been fixed, the court shall enter an order that:
8886	8886	(1) states the amount of the allowance;
8887	8887	(2) provides how the allowance shall be payable; and
8888	8888	(3) directs the executor or administrator to pay the
8889	8889	allowance in accordance with law. (Tex. Prob. Code, Sec. 289.)
8890	8890	Sec. 353.104. PREFERENCE OF FAMILY ALLOWANCE. The family
8891	8891	allowance made for the support of the decedent's surviving spouse
8892	8892	and minor children shall be paid in preference to all other debts of
8893	8893	or charges against the estate, other than Class 1 claims. (Tex.
8894	8894	Prob. Code, Sec. 290.)
8895	8895	Sec. 353.105. PAYMENT OF FAMILY ALLOWANCE. (a) The
8896	8896	executor or administrator of an estate shall apportion and pay the
8897	8897	family allowance in accordance with this section.
8898	8898	(b) If there is a surviving spouse and there are no minor
8899	8899	children of the decedent, the executor or administrator shall pay
8900	8900	the entire family allowance to the surviving spouse.
8901	8901	(c) If there is a surviving spouse and all of the minor
8902	8902	children of the decedent are also the children of the surviving
8903	8903	spouse, the executor or administrator shall pay the entire family
8904	8904	allowance to the surviving spouse for use by the surviving spouse
8905	8905	and the decedent's minor children.
8906	8906	(d) If there is a surviving spouse and some or all of the
8907	8907	minor children of the decedent are not also children of the
8908	8908	surviving spouse, the executor or administrator shall pay the
8909	8909	portion of the entire family allowance necessary for the support of
8910	8910	those minor children to the guardian of those children.
8911	8911	(e) If there is no surviving spouse and there are minor
8912	8912	children of the decedent, the executor or administrator shall pay
8913	8913	the family allowance for the minor children to the guardian of those
8914	8914	children. (Tex. Prob. Code, Sec. 291.)
8915	8915	Sec. 353.106. SURVIVING SPOUSE OR MINOR CHILDREN MAY TAKE
8916	8916	PERSONAL PROPERTY FOR FAMILY ALLOWANCE. (a) A decedent's
8917	8917	surviving spouse or the guardian of the decedent's minor children,
8918	8918	as applicable, is entitled to take, at the property's appraised
8919	8919	value as shown by the appraisement, any of the estate's personal
8920	8920	property in full or partial payment of the family allowance.
8921	8921	(b) Property specifically devised to another may be taken as
8922	8922	provided by Subsection (a) only if other available property is
8923	8923	insufficient to pay the allowance. (Tex. Prob. Code, Sec. 292
8924	8924	(part).)
8925	8925	Sec. 353.107. SALE OF ESTATE PROPERTY TO RAISE FUNDS FOR
8926	8926	FAMILY ALLOWANCE. (a) The court shall, as soon as the inventory,
8927	8927	appraisement, and list of claims are returned and approved, order
8928	8928	the sale of estate property for cash in an amount that will be
8929	8929	sufficient to raise the amount of the family allowance, or a portion
8930	8930	of that amount, as necessary, if:
8931	8931	(1) the decedent had no personal property that the
8932	8932	surviving spouse or the guardian of the decedent's minor children
8933	8933	is willing to take for the family allowance or the decedent had
8934	8934	insufficient personal property; and
8935	8935	(2) there are not sufficient estate funds in the
8936	8936	executor's or administrator's possession to pay the amount of the
8937	8937	family allowance or a portion of that amount, as applicable.
8938	8938	(b) Property specifically devised to another may be sold to
8939	8939	raise cash as provided by Subsection (a) only if other available
8940	8940	property is insufficient to pay the family allowance. (Tex. Prob.
8941	8941	Code, Secs. 292 (part), 293.)
8942	8942	[Sections 353.108-353.150 reserved for expansion]
8943	8943	SUBCHAPTER D. LIENS ON AND DISPOSITION OF EXEMPT PROPERTY AND
8944	8944	PROPERTY TAKEN AS ALLOWANCE
8945	8945	Sec. 353.151. LIENS. (a) This section applies to all
8946	8946	estates, whether solvent or insolvent.
8947	8947	(b) If property on which there is a valid subsisting lien or
8948	8948	encumbrance is set aside as exempt for the surviving spouse or
8949	8949	children or is appropriated to make an allowance in lieu of exempt
8950	8950	property or for the support of the surviving spouse or children, the
8951	8951	debts secured by the lien shall, if necessary, be either paid or
8952	8952	continued against the property. (Tex. Prob. Code, Sec. 277.)
8953	8953	Sec. 353.152. DISTRIBUTION OF EXEMPT PROPERTY OF SOLVENT
8954	8954	ESTATE. If on final settlement of an estate it appears that the
8955	8955	estate is solvent, the exempt property, other than the homestead or
8956	8956	any allowance made in lieu of the homestead, is subject to partition
8957	8957	and distribution among the heirs of the decedent and the
8958	8958	distributees in the same manner as other estate property. (Tex.
8959	8959	Prob. Code, Sec. 278.)
8960	8960	Sec. 353.153. TITLE TO PROPERTY OF INSOLVENT ESTATE. If on
8961	8961	final settlement an estate proves to be insolvent, the decedent's
8962	8962	surviving spouse and children have absolute title to all property
8963	8963	and allowances set aside or paid to them under this title. The
8964	8964	property and allowances may not be taken for any of the estate debts
8965	8965	except as provided by Section 353.155. (Tex. Prob. Code, Sec. 279.)
8966	8966	Sec. 353.154. CERTAIN PROPERTY NOT CONSIDERED IN
8967	8967	DETERMINING SOLVENCY. In determining whether an estate is solvent
8968	8968	or insolvent, the exempt property set aside for the decedent's
8969	8969	surviving spouse or children, any allowance made in lieu of that
8970	8970	exempt property, and the family allowance under Subchapter C may
8971	8971	not be estimated or considered as estate assets. (Tex. Prob. Code,
8972	8972	Sec. 280.)
8973	8973	Sec. 353.155. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS.
8974	8974	The exempt property, other than the homestead or any allowance made
8975	8975	in lieu of the homestead:
8976	8976	(1) is liable for the payment of Class 1 claims; and
8977	8977	(2) is not liable for any estate debts other than the
8978	8978	claims described by Subdivision (1). (Tex. Prob. Code, Sec. 281.)
8979	8979	CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM ADMINISTRATION OF, CERTAIN ESTATES
8980	8980	ADMINISTRATION OF, CERTAIN ESTATES
8981	8981	SUBCHAPTER A. SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES
8982	8982	Sec. 354.001. SUMMARY PROCEEDINGS FOR CERTAIN SMALL
8983	8983	ESTATES
8984	8984	[Sections 354.002-354.050 reserved for expansion]
8985	8985	SUBCHAPTER B. WITHDRAWAL FROM ADMINISTRATION OF CERTAIN ESTATES
8986	8986	Sec. 354.051. REQUIRED REPORT ON CONDITION OF ESTATE
8987	8987	Sec. 354.052. BOND REQUIRED TO WITHDRAW ESTATE FROM
8988	8988	ADMINISTRATION
8989	8989	Sec. 354.053. ORDER FOR DELIVERY OF ESTATE
8990	8990	Sec. 354.054. ORDER OF DISCHARGE
8991	8991	Sec. 354.055. LIEN ON PROPERTY OF ESTATE WITHDRAWN
8992	8992	FROM ADMINISTRATION
8993	8993	Sec. 354.056. PARTITION OF ESTATE WITHDRAWN FROM
8994	8994	ADMINISTRATION
8995	8995	Sec. 354.057. CREDITORS ENTITLED TO SUE ON BOND
8996	8996	Sec. 354.058. CREDITORS MAY SUE DISTRIBUTEES
8997	8997	CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM
8998	8998	ADMINISTRATION OF, CERTAIN ESTATES
8999	8999	SUBCHAPTER A. SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES
9000	9000	Sec. 354.001. SUMMARY PROCEEDINGS FOR CERTAIN SMALL
9001	9001	ESTATES. (a) If, after a personal representative of an estate has
9002	9002	filed the inventory, appraisement, and list of claims as required
9003	9003	by Chapter 309, it is established that the decedent's estate,
9004	9004	excluding any homestead, exempt property, and family allowance to
9005	9005	the decedent's surviving spouse and minor children, does not exceed
9006	9006	the amount sufficient to pay the claims against the estate
9007	9007	classified as Classes 1 through 4 under Section 355.102, the
9008	9008	representative shall:
9009	9009	(1) on order of the court, pay those claims in the
9010	9010	order provided and to the extent permitted by the assets of the
9011	9011	estate subject to the payment of those claims; and
9012	9012	(2) after paying the claims in accordance with
9013	9013	Subdivision (1), present to the court the representative's account
9014	9014	with an application for the settlement and allowance of the
9015	9015	account.
9016	9016	(b) On presentation of the personal representative's
9017	9017	account and application under Subsection (a), the court, with or
9018	9018	without notice, may adjust, correct, settle, allow, or disallow the
9019	9019	account.
9020	9020	(c) If the court settles and allows the personal
9021	9021	representative's account under Subsection (b), the court may:
9022	9022	(1) decree final distribution;
9023	9023	(2) discharge the representative; and
9024	9024	(3) close the administration. (Tex. Prob. Code, Sec.
9025	9025	143.)
9026	9026	[Sections 354.002-354.050 reserved for expansion]
9027	9027	SUBCHAPTER B. WITHDRAWAL FROM ADMINISTRATION OF CERTAIN ESTATES
9028	9028	Sec. 354.051. REQUIRED REPORT ON CONDITION OF ESTATE. At
9029	9029	any time after the return of the inventory, appraisement, and list
9030	9030	of claims of an estate required by Chapter 309, anyone entitled to a
9031	9031	portion of the estate, by a written complaint filed in the court in
9032	9032	which the case is pending, may have the estate's executor or
9033	9033	administrator cited to appear and render under oath an exhibit of
9034	9034	the condition of the estate. (Tex. Prob. Code, Sec. 262.)
9035	9035	Sec. 354.052. BOND REQUIRED TO WITHDRAW ESTATE FROM
9036	9036	ADMINISTRATION. After the executor or administrator has rendered
9037	9037	the exhibit of the condition of the estate if required under Section
9038	9038	354.051, one or more persons entitled to the estate, or other
9039	9039	persons for them, may execute and deliver a bond to the court. The
9040	9040	bond must be:
9041	9041	(1) conditioned that the persons executing the bond
9042	9042	shall:
9043	9043	(A) pay all unpaid debts against the estate that
9044	9044	have been or are:
9045	9045	(i) allowed by the executor or
9046	9046	administrator and approved by the court; or
9047	9047	(ii) established by suit against the
9048	9048	estate; and
9049	9049	(B) pay to the executor or administrator any
9050	9050	balance that the court in its judgment on the exhibit finds to be
9051	9051	due the executor or administrator;
9052	9052	(2) payable to the judge and the judge's successors in
9053	9053	office in an amount equal to at least twice the gross appraised
9054	9054	value of the estate as shown by the inventory, appraisement, and
9055	9055	list of claims returned under Chapter 309; and
9056	9056	(3) approved by the court. (Tex. Prob. Code, Sec.
9057	9057	263.)
9058	9058	Sec. 354.053. ORDER FOR DELIVERY OF ESTATE. On the giving
9059	9059	and approval of the bond under Section 354.052, the court shall
9060	9060	enter an order requiring the executor or administrator to promptly
9061	9061	deliver to each person entitled to any portion of the estate that
9062	9062	portion to which the person is entitled. (Tex. Prob. Code, Sec.
9063	9063	264.)
9064	9064	Sec. 354.054. ORDER OF DISCHARGE. After an estate has been
9065	9065	withdrawn from administration under Section 354.053, the court
9066	9066	shall enter an order:
9067	9067	(1) discharging the executor or administrator; and
9068	9068	(2) declaring the administration closed. (Tex. Prob.
9069	9069	Code, Sec. 265.)
9070	9070	Sec. 354.055. LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM
9071	9071	ADMINISTRATION. A lien exists on all of the estate withdrawn from
9072	9072	administration under Section 354.053 and in the possession of the
9073	9073	distributees and those claiming under the distributees with notice
9074	9074	of that lien, to secure the ultimate payment of:
9075	9075	(1) the bond under Section 354.052; and
9076	9076	(2) debts and claims secured by the bond. (Tex. Prob.
9077	9077	Code, Sec. 266.)
9078	9078	Sec. 354.056. PARTITION OF ESTATE WITHDRAWN FROM
9079	9079	ADMINISTRATION. On written application to the court, any person
9080	9080	entitled to any portion of an estate withdrawn from administration
9081	9081	under Section 354.053 may cause a partition and distribution of the
9082	9082	estate to be made among those persons entitled to the estate in
9083	9083	accordance with the provisions of this title that relate to the
9084	9084	partition and distribution of an estate. (Tex. Prob. Code, Sec.
9085	9085	267.)
9086	9086	Sec. 354.057. CREDITORS ENTITLED TO SUE ON BOND. A creditor
9087	9087	of an estate withdrawn from administration under Section 354.053
9088	9088	whose debt or claim against the estate is unpaid and not barred by
9089	9089	limitation is entitled to:
9090	9090	(1) commence a suit in the person's own name on the
9091	9091	bond under Section 354.052; and
9092	9092	(2) obtain a judgment on the bond for the debt or claim
9093	9093	the creditor establishes against the estate. (Tex. Prob. Code,
9094	9094	Sec. 268.)
9095	9095	Sec. 354.058. CREDITORS MAY SUE DISTRIBUTEES. (a) A
9096	9096	creditor of an estate withdrawn from administration under Section
9097	9097	354.053 whose debt or claim against the estate is unpaid and not
9098	9098	barred by limitation may sue:
9099	9099	(1) any distributee who has received any of the
9100	9100	estate; or
9101	9101	(2) all the distributees jointly.
9102	9102	(b) A distributee is not liable for more than the
9103	9103	distributee's just proportion according to the amount of the estate
9104	9104	the distributee received in the distribution. (Tex. Prob. Code,
9105	9105	Sec. 269.)
9106	9106	CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
9107	9107	SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST ESTATES IN GENERAL
9108	9108	Sec. 355.001. PRESENTMENT OF CLAIM TO PERSONAL
9109	9109	REPRESENTATIVE
9110	9110	Sec. 355.002. PRESENTMENT OF CLAIM TO CLERK
9111	9111	Sec. 355.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM
9112	9112	Sec. 355.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY
9113	9113	IN GENERAL
9114	9114	Sec. 355.005. AFFIDAVIT AUTHENTICATING CLAIM OF
9115	9115	CORPORATION OR OTHER ENTITY
9116	9116	Sec. 355.006. LOST OR DESTROYED EVIDENCE CONCERNING
9117	9117	CLAIM
9118	9118	Sec. 355.007. WAIVER OF CERTAIN DEFECTS OF FORM OR
9119	9119	CLAIMS OF INSUFFICIENCY
9120	9120	Sec. 355.008. EFFECT ON STATUTES OF LIMITATION OF
9121	9121	PRESENTMENT OF OR SUIT ON CLAIM
9122	9122	[Sections 355.009-355.050 reserved for expansion]
9123	9123	SUBCHAPTER B. ACTION ON CLAIMS
9124	9124	Sec. 355.051. ALLOWANCE OR REJECTION OF CLAIM
9125	9125	Sec. 355.052. FAILURE TO TIMELY ALLOW OR REJECT CLAIM
9126	9126	Sec. 355.053. CLAIM ENTERED ON CLAIM DOCKET
9127	9127	Sec. 355.054. CONTEST OF CLAIM
9128	9128	Sec. 355.055. COURT'S ACTION ON CLAIM
9129	9129	Sec. 355.056. HEARING ON CERTAIN CLAIMS
9130	9130	Sec. 355.057. COURT ORDER REGARDING ACTION ON CLAIM
9131	9131	Sec. 355.058. APPEAL OF COURT'S ACTION ON CLAIM
9132	9132	Sec. 355.059. ALLOWANCE AND APPROVAL PROHIBITED
9133	9133	WITHOUT AFFIDAVIT
9134	9134	Sec. 355.060. UNSECURED CLAIMS BARRED UNDER CERTAIN
9135	9135	CIRCUMSTANCES
9136	9136	Sec. 355.061. ALLOWING BARRED CLAIM PROHIBITED: COURT
9137	9137	DISAPPROVAL
9138	9138	Sec. 355.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR
9139	9139	DESTROYED EVIDENCE VOID
9140	9140	Sec. 355.063. CLAIMS NOT ALLOWED AFTER ORDER FOR
9141	9141	PARTITION AND DISTRIBUTION
9142	9142	Sec. 355.064. SUIT ON REJECTED CLAIM
9143	9143	Sec. 355.065. PRESENTMENT OF CLAIM PREREQUISITE FOR
9144	9144	JUDGMENT
9145	9145	Sec. 355.066. JUDGMENT IN SUIT ON REJECTED CLAIM
9146	9146	[Sections 355.067-355.100 reserved for expansion]
9147	9147	SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
9148	9148	Sec. 355.101. APPROVAL OR ESTABLISHMENT OF CLAIM
9149	9149	REQUIRED FOR PAYMENT
9150	9150	Sec. 355.102. CLAIMS CLASSIFICATION; PRIORITY OF
9151	9151	PAYMENT
9152	9152	Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS
9153	9153	Sec. 355.104. PAYMENT OF PROCEEDS FROM SALE OF
9154	9154	PROPERTY SECURING DEBT
9155	9155	Sec. 355.105. CLAIMANT'S PETITION FOR ALLOWANCE AND
9156	9156	PAYMENT OF CLAIM
9157	9157	Sec. 355.106. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9158	9158	PERSONAL REPRESENTATIVE
9159	9159	Sec. 355.107. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9160	9160	CREDITOR
9161	9161	Sec. 355.108. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
9162	9162	CLAIMS OF SAME CLASS
9163	9163	Sec. 355.109. ABATEMENT OF BEQUESTS
9164	9164	Sec. 355.110. ALLOCATION OF FUNERAL EXPENSES
9165	9165	Sec. 355.111. PAYMENT OF COURT COSTS RELATING TO CLAIM
9166	9166	Sec. 355.112. JOINT OBLIGATION FOR PAYMENT OF CERTAIN
9167	9167	DEBTS
9168	9168	Sec. 355.113. LIABILITY FOR NONPAYMENT OF CLAIM
9169	9169	[Sections 355.114-355.150 reserved for expansion]
9170	9170	SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY
9171	9171	Sec. 355.151. OPTION TO TREAT CLAIM AS MATURED SECURED
9172	9172	CLAIM OR PREFERRED DEBT AND LIEN
9173	9173	Sec. 355.152. PERIOD FOR SPECIFYING TREATMENT OF
9174	9174	SECURED CLAIM
9175	9175	Sec. 355.153. PAYMENT OF MATURED SECURED CLAIM
9176	9176	Sec. 355.154. PREFERRED DEBT AND LIEN
9177	9177	Sec. 355.155. PAYMENT OF MATURITIES ON PREFERRED DEBT
9178	9178	AND LIEN
9179	9179	Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE
9180	9180	Sec. 355.157. CITATION ON APPLICATION
9181	9181	Sec. 355.158. HEARING ON APPLICATION
9182	9182	Sec. 355.159. MANNER OF FORECLOSURE; MINIMUM PRICE
9183	9183	Sec. 355.160. UNSUCCESSFUL FORECLOSURE; SUBSEQUENT
9184	9184	APPLICATION
9185	9185	[Sections 355.161-355.200 reserved for expansion]
9186	9186	SUBCHAPTER E. CLAIMS INVOLVING PERSONAL REPRESENTATIVES
9187	9187	Sec. 355.201. CLAIM BY PERSONAL REPRESENTATIVE
9188	9188	Sec. 355.202. CLAIMS AGAINST PERSONAL REPRESENTATIVES
9189	9189	Sec. 355.203. PURCHASE OF CLAIM BY PERSONAL
9190	9190	REPRESENTATIVE PROHIBITED
9191	9191	CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
9192	9192	SUBCHAPTER A. PRESENTMENT OF CLAIMS AGAINST ESTATES IN GENERAL
9193	9193	Sec. 355.001. PRESENTMENT OF CLAIM TO PERSONAL
9194	9194	REPRESENTATIVE. A claim may be presented to a personal
9195	9195	representative of an estate at any time before the estate is closed
9196	9196	if suit on the claim has not been barred by the general statutes of
9197	9197	limitation. (Tex. Prob. Code, Sec. 298(a) (part).)
9198	9198	Sec. 355.002. PRESENTMENT OF CLAIM TO CLERK. (a) A claim
9199	9199	may also be presented by depositing the claim with the clerk with
9200	9200	vouchers and the necessary exhibits and affidavit attached to the
9201	9201	claim. On receiving a claim deposited under this subsection, the
9202	9202	clerk shall advise the personal representative or the
9203	9203	representative's attorney of the deposit of the claim by a letter
9204	9204	mailed to the representative's last known address.
9205	9205	(b) A claim deposited under Subsection (a) is presumed to be
9206	9206	rejected if the personal representative fails to act on the claim on
9207	9207	or before the 30th day after the date the claim is deposited.
9208	9208	(c) Failure of the clerk to give the notice required under
9209	9209	Subsection (a) does not affect the validity of the presentment or
9210	9210	the presumption of rejection because the personal representative
9211	9211	does not act on the claim within the 30-day period prescribed by
9212	9212	Subsection (b).
9213	9213	(d) The clerk shall enter a claim deposited under Subsection
9214	9214	(a) on the claim docket. (Tex. Prob. Code, Sec. 308.)
9215	9215	Sec. 355.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM. If the
9216	9216	instrument evidencing or supporting a claim provides for attorney's
9217	9217	fees, the claimant may include as a part of the claim the portion of
9218	9218	attorney's fees the claimant has paid or contracted to pay to an
9219	9219	attorney to prepare, present, and collect the claim. (Tex. Prob.
9220	9220	Code, Sec. 307.)
9221	9221	Sec. 355.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN
9222	9222	GENERAL. (a) Except as provided by Section 355.005, a claim for
9223	9223	money against an estate must be supported by an affidavit that
9224	9224	states:
9225	9225	(1) that the claim is just;
9226	9226	(2) that all legal offsets, payments, and credits
9227	9227	known to the affiant have been allowed; and
9228	9228	(3) if the claim is not founded on a written instrument
9229	9229	or account, the facts on which the claim is founded.
9230	9230	(b) A photostatic copy of an exhibit or voucher necessary to
9231	9231	prove a claim may be offered with and attached to the claim instead
9232	9232	of attaching the original. (Tex. Prob. Code, Sec. 301 (part).)
9233	9233	Sec. 355.005. AFFIDAVIT AUTHENTICATING CLAIM OF
9234	9234	CORPORATION OR OTHER ENTITY. (a) An authorized officer or
9235	9235	representative of a corporation or other entity shall make the
9236	9236	affidavit required to authenticate a claim of the corporation or
9237	9237	entity.
9238	9238	(b) In an affidavit made by an officer of a corporation, or
9239	9239	by an executor, administrator, trustee, assignee, agent,
9240	9240	representative, or attorney, it is sufficient to state that the
9241	9241	affiant has made diligent inquiry and examination and believes the
9242	9242	claim is just and that all legal offsets, payments, and credits made
9243	9243	known to the affiant have been allowed. (Tex. Prob. Code, Sec.
9244	9244	304.)
9245	9245	Sec. 355.006. LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.
9246	9246	If evidence of a claim is lost or destroyed, the claimant or an
9247	9247	authorized representative or agent of the claimant may make an
9248	9248	affidavit to the fact of the loss or destruction. The affidavit must
9249	9249	state:
9250	9250	(1) the amount, date, and nature of the claim;
9251	9251	(2) the due date of the claim;
9252	9252	(3) that the claim is just;
9253	9253	(4) that all legal offsets, payments, and credits
9254	9254	known to the affiant have been allowed; and
9255	9255	(5) that the claimant is still the owner of the claim.
9256	9256	(Tex. Prob. Code, Sec. 303 (part).)
9257	9257	Sec. 355.007. WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS OF
9258	9258	INSUFFICIENCY. A defect of form or a claim of insufficiency of a
9259	9259	presented exhibit or voucher is considered waived by the personal
9260	9260	representative unless a written objection to the defect or
9261	9261	insufficiency is made not later than the 30th day after the date the
9262	9262	claim is presented and is filed with the county clerk. (Tex. Prob.
9263	9263	Code, Sec. 302.)
9264	9264	Sec. 355.008. EFFECT ON STATUTES OF LIMITATION OF
9265	9265	PRESENTMENT OF OR SUIT ON CLAIM. The general statutes of limitation
9266	9266	are tolled on the date:
9267	9267	(1) a claim for money is filed or deposited with the
9268	9268	clerk; or
9269	9269	(2) suit is brought against the personal
9270	9270	representative of an estate with respect to a claim of the estate
9271	9271	that is not required to be presented to the representative. (Tex.
9272	9272	Prob. Code, Sec. 299.)
9273	9273	[Sections 355.009-355.050 reserved for expansion]
9274	9274	SUBCHAPTER B. ACTION ON CLAIMS
9275	9275	Sec. 355.051. ALLOWANCE OR REJECTION OF CLAIM. A personal
9276	9276	representative of an estate shall, not later than the 30th day after
9277	9277	the date an authenticated claim against the estate is presented to
9278	9278	the representative, or deposited with the clerk as provided under
9279	9279	Section 355.002, endorse on the claim, attach to the claim, or file
9280	9280	with the clerk a memorandum signed by the representative stating:
9281	9281	(1) the date the claim was presented or deposited; and
9282	9282	(2) whether the representative allows or rejects the
9283	9283	claim, or if the representative allows or rejects a part of the
9284	9284	claim, the portion the representative allows or rejects. (Tex.
9285	9285	Prob. Code, Sec. 309.)
9286	9286	Sec. 355.052. FAILURE TO TIMELY ALLOW OR REJECT CLAIM. The
9287	9287	failure of a personal representative to timely allow or reject a
9288	9288	claim under Section 355.051 constitutes a rejection of the claim.
9289	9289	If the claim is established by suit after that rejection:
9290	9290	(1) the costs shall be taxed against the
9291	9291	representative, individually; or
9292	9292	(2) the representative may be removed on the written
9293	9293	complaint of any person interested in the claim after personal
9294	9294	service of citation, hearing, and proof, as in other cases of
9295	9295	removal. (Tex. Prob. Code, Sec. 310.)
9296	9296	Sec. 355.053. CLAIM ENTERED ON CLAIM DOCKET. After a claim
9297	9297	against an estate has been presented to the personal representative
9298	9298	and allowed or rejected, wholly or partly, by the representative,
9299	9299	the claim must be filed with the county clerk of the proper county.
9300	9300	The clerk shall enter the claim on the claim docket. (Tex. Prob.
9301	9301	Code, Sec. 311.)
9302	9302	Sec. 355.054. CONTEST OF CLAIM. (a) A person interested in
9303	9303	an estate may, at any time before the court has acted on a claim,
9304	9304	appear and object in writing to the approval of the claim or any
9305	9305	part of the claim.
9306	9306	(b) If a person objects under Subsection (a):
9307	9307	(1) the parties are entitled to process for witnesses;
9308	9308	and
9309	9309	(2) the court shall hear evidence and render judgment
9310	9310	as in ordinary suits. (Tex. Prob. Code, Sec. 312(a).)
9311	9311	Sec. 355.055. COURT'S ACTION ON CLAIM. The court shall:
9312	9312	(1) act on each claim that has been allowed and entered
9313	9313	on the claim docket for a period of 10 days either approving the
9314	9314	claim wholly or partly or disapproving the claim; and
9315	9315	(2) concurrently classify the claim. (Tex. Prob.
9316	9316	Code, Sec. 312(b).)
9317	9317	Sec. 355.056. HEARING ON CERTAIN CLAIMS. (a) If a claim is
9318	9318	properly authenticated and allowed but the court is not satisfied
9319	9319	that the claim is just, the court shall:
9320	9320	(1) examine the claimant and the personal
9321	9321	representative under oath; and
9322	9322	(2) hear other evidence necessary to determine the
9323	9323	issue.
9324	9324	(b) If after conducting the examination and hearing the
9325	9325	evidence under Subsection (a) the court is not convinced that the
9326	9326	claim is just, the court shall disapprove the claim. (Tex. Prob.
9327	9327	Code, Sec. 312(c).)
9328	9328	Sec. 355.057. COURT ORDER REGARDING ACTION ON CLAIM. (a)
9329	9329	The court acting on a claim shall state the exact action taken on
9330	9330	the claim, whether the claim is approved or disapproved, or
9331	9331	approved in part and disapproved in part, and the classification of
9332	9332	the claim by endorsing on or attaching to the claim a written
9333	9333	memorandum that is dated and officially signed.
9334	9334	(b) An order under Subsection (a) has the effect of a final
9335	9335	judgment. (Tex. Prob. Code, Sec. 312(d).)
9336	9336	Sec. 355.058. APPEAL OF COURT'S ACTION ON CLAIM. A claimant
9337	9337	or any person interested in an estate who is dissatisfied with the
9338	9338	court's action on a claim may appeal the action to the court of
9339	9339	appeals in the manner other judgments of the county court in probate
9340	9340	matters are appealed. (Tex. Prob. Code, Sec. 312(e).)
9341	9341	Sec. 355.059. ALLOWANCE AND APPROVAL PROHIBITED WITHOUT
9342	9342	AFFIDAVIT. A personal representative of an estate may not allow,
9343	9343	and the court may not approve, a claim for money against the estate
9344	9344	unless the claim is supported by an affidavit that meets the
9345	9345	applicable requirements of Sections 355.004(a) and 355.005. (Tex.
9346	9346	Prob. Code, Sec. 301 (part).)
9347	9347	Sec. 355.060. UNSECURED CLAIMS BARRED UNDER CERTAIN
9348	9348	CIRCUMSTANCES. If a personal representative gives a notice
9349	9349	permitted by Section 308.054 to an unsecured creditor for money and
9350	9350	the creditor's claim is not presented within four months after the
9351	9351	date of receipt of the notice, the claim is barred. (Tex. Prob.
9352	9352	Code, Sec. 298(a) (part).)
9353	9353	Sec. 355.061. ALLOWING BARRED CLAIM PROHIBITED: COURT
9354	9354	DISAPPROVAL. (a) A personal representative may not allow a claim
9355	9355	for money against a decedent or the decedent's estate if a suit on
9356	9356	the claim is barred:
9357	9357	(1) under Section 355.060, 355.064, or 355.201(b); or
9358	9358	(2) by an applicable general statute of limitation.
9359	9359	(b) A claim for money that is allowed by the personal
9360	9360	representative shall be disapproved if the court is satisfied that
9361	9361	the claim is barred, including because the limitation has run.
9362	9362	(Tex. Prob. Code, Sec. 298(b).)
9363	9363	Sec. 355.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR
9364	9364	DESTROYED EVIDENCE VOID. (a) Before a claim the evidence for which
9365	9365	is lost or destroyed is approved, the claim must be proved by
9366	9366	disinterested testimony taken in open court or by oral or written
9367	9367	deposition.
9368	9368	(b) The allowance or approval of a claim the evidence for
9369	9369	which is lost or destroyed is void if the claim is:
9370	9370	(1) allowed or approved without the affidavit under
9371	9371	Section 355.006; or
9372	9372	(2) approved without satisfactory proof. (Tex. Prob.
9373	9373	Code, Sec. 303 (part).)
9374	9374	Sec. 355.063. CLAIMS NOT ALLOWED AFTER ORDER FOR PARTITION
9375	9375	AND DISTRIBUTION. After an order for final partition and
9376	9376	distribution of an estate has been made:
9377	9377	(1) a claim for money against the estate may not be
9378	9378	allowed by a personal representative;
9379	9379	(2) a suit may not be commenced against the
9380	9380	representative on a claim for money against the estate; and
9381	9381	(3) the owner of any claim that is not barred by the
9382	9382	laws of limitation has a right of action on the claim against the
9383	9383	heirs, devisees, or creditors of the estate, limited to the value of
9384	9384	the property received by those heirs, devisees, or creditors in
9385	9385	distributions from the estate. (Tex. Prob. Code, Sec. 318.)
9386	9386	Sec. 355.064. SUIT ON REJECTED CLAIM. (a) A claim or part
9387	9387	of a claim that has been rejected by the personal representative is
9388	9388	barred unless not later than the 90th day after the date of
9389	9389	rejection the claimant commences suit on the claim in the court of
9390	9390	original probate jurisdiction in which the estate is pending.
9391	9391	(b) In a suit commenced on the rejected claim, the
9392	9392	memorandum endorsed on or attached to the claim, or any other
9393	9393	memorandum of rejection filed with respect to the claim, is taken to
9394	9394	be true without further proof unless denied under oath. (Tex. Prob.
9395	9395	Code, Sec. 313 (part).)
9396	9396	Sec. 355.065. PRESENTMENT OF CLAIM PREREQUISITE FOR
9397	9397	JUDGMENT. A judgment may not be rendered in favor of a claimant on a
9398	9398	claim for money that has not been:
9399	9399	(1) legally presented to the personal representative
9400	9400	of an estate; and
9401	9401	(2) wholly or partly rejected by the representative or
9402	9402	disapproved by the court. (Tex. Prob. Code, Sec. 314.)
9403	9403	Sec. 355.066. JUDGMENT IN SUIT ON REJECTED CLAIM. No
9404	9404	execution may issue on a rejected claim or part of a claim that is
9405	9405	established by suit. The judgment in the suit shall be:
9406	9406	(1) filed in the court in which the estate is pending;
9407	9407	(2) entered on the claim docket;
9408	9408	(3) classified by the court; and
9409	9409	(4) handled as if originally allowed and approved in
9410	9410	due course of administration. (Tex. Prob. Code, Sec. 313 (part).)
9411	9411	[Sections 355.067-355.100 reserved for expansion]
9412	9412	SUBCHAPTER C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES
9413	9413	Sec. 355.101. APPROVAL OR ESTABLISHMENT OF CLAIM REQUIRED
9414	9414	FOR PAYMENT. A claim or any part of a claim for money against an
9415	9415	estate may not be paid until the claim or part of the claim has been
9416	9416	approved by the court or established by the judgment of a court of
9417	9417	competent jurisdiction. (Tex. Prob. Code, Sec. 319.)
9418	9418	Sec. 355.102. CLAIMS CLASSIFICATION; PRIORITY OF PAYMENT.
9419	9419	(a) Claims against an estate shall be classified and have priority
9420	9420	of payment as provided by this section.
9421	9421	(b) Class 1 claims are composed of funeral expenses and
9422	9422	expenses of the decedent's last illness for a reasonable amount
9423	9423	approved by the court, not to exceed a total of $15,000. Any excess
9424	9424	shall be classified and paid as other unsecured claims.
9425	9425	(c) Class 2 claims are composed of expenses of
9426	9426	administration, expenses incurred in preserving, safekeeping, and
9427	9427	managing the estate, including fees and expenses awarded under
9428	9428	Section 352.052, and unpaid expenses of administration awarded in a
9429	9429	guardianship of the decedent.
9430	9430	(d) Class 3 claims are composed of each secured claim for
9431	9431	money under Section 355.151(a)(1), including a tax lien, to the
9432	9432	extent the claim can be paid out of the proceeds of the property
9433	9433	subject to the mortgage or other lien. If more than one mortgage,
9434	9434	lien, or security interest exists on the same property, the claims
9435	9435	shall be paid in order of priority of the mortgage, lien, or
9436	9436	security interest securing the debt.
9437	9437	(e) Class 4 claims are composed of claims for the principal
9438	9438	amount of and accrued interest on delinquent child support and
9439	9439	child support arrearages that have been confirmed and reduced to
9440	9440	money judgment, as determined under Subchapter F, Chapter 157,
9441	9441	Family Code, and claims for unpaid child support obligations under
9442	9442	Section 154.015, Family Code.
9443	9443	(f) Class 5 claims are composed of claims for taxes,
9444	9444	penalties, and interest due under Title 2, Tax Code, Chapter 2153,
9445	9445	Occupations Code, Section 81.111, Natural Resources Code, the
9446	9446	Municipal Sales and Use Tax Act (Chapter 321, Tax Code), Section
9447	9447	451.404, Transportation Code, or Subchapter I, Chapter 452,
9448	9448	Transportation Code.
9449	9449	(g) Class 6 claims are composed of claims for the cost of
9450	9450	confinement established by the institutional division of the Texas
9451	9451	Department of Criminal Justice under Section 501.017, Government
9452	9452	Code.
9453	9453	(h) Class 7 claims are composed of claims for repayment of
9454	9454	medical assistance payments made by the state under Chapter 32,
9455	9455	Human Resources Code, to or for the benefit of the decedent.
9456	9456	(i) Class 8 claims are composed of any other claims not
9457	9457	described by Subsections (b)-(h). (Tex. Prob. Code, Sec. 322.)
9458	9458	Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS. When a
9459	9459	personal representative has estate funds in the representative's
9460	9460	possession, the representative shall pay in the following order:
9461	9461	(1) funeral expenses and expenses of the decedent's
9462	9462	last illness, in an amount not to exceed $15,000;
9463	9463	(2) allowances made to the decedent's surviving spouse
9464	9464	and children, or to either the surviving spouse or children;
9465	9465	(3) expenses of administration and expenses incurred
9466	9466	in preserving, safekeeping, and managing the estate; and
9467	9467	(4) other claims against the estate in the order of the
9468	9468	claims' classifications. (Tex. Prob. Code, Sec. 320(a).)
9469	9469	Sec. 355.104. PAYMENT OF PROCEEDS FROM SALE OF PROPERTY
9470	9470	SECURING DEBT. (a) If a personal representative has the proceeds
9471	9471	of a sale made to satisfy a mortgage, lien, or security interest,
9472	9472	and the proceeds or any part of the proceeds are not required for
9473	9473	the payment of any debts against the estate that have a preference
9474	9474	over the mortgage, lien, or security interest, the representative
9475	9475	shall pay the proceeds to any holder of a mortgage, lien, or
9476	9476	security interest. If there is more than one mortgage, lien, or
9477	9477	security interest against the property, the representative shall
9478	9478	pay the proceeds to the holders of the mortgages, liens, or security
9479	9479	interests in the order of priority of the holders' mortgages,
9480	9480	liens, or security interests.
9481	9481	(b) A holder of a mortgage, lien, or security interest, on
9482	9482	proof of a personal representative's failure to pay proceeds under
9483	9483	this section, may obtain an order from the court directing the
9484	9484	payment to be made. (Tex. Prob. Code, Sec. 320(b).)
9485	9485	Sec. 355.105. CLAIMANT'S PETITION FOR ALLOWANCE AND PAYMENT
9486	9486	OF CLAIM. A claimant whose claim has not been paid may:
9487	9487	(1) petition the court for determination of the claim
9488	9488	at any time before the claim is barred by an applicable statute of
9489	9489	limitations; and
9490	9490	(2) procure on due proof an order for the claim's
9491	9491	allowance and payment from the estate. (Tex. Prob. Code, Sec.
9492	9492	320(c).)
9493	9493	Sec. 355.106. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9494	9494	PERSONAL REPRESENTATIVE. After the sixth month after the date
9495	9495	letters testamentary or of administration are granted, the court
9496	9496	may order a personal representative to pay any claim that is allowed
9497	9497	and approved on application by the representative stating that the
9498	9498	representative has no actual knowledge of any outstanding
9499	9499	enforceable claim against the estate other than the claims already
9500	9500	approved and classified by the court. (Tex. Prob. Code, Sec.
9501	9501	320(d).)
9502	9502	Sec. 355.107. ORDER FOR PAYMENT OF CLAIM OBTAINED BY
9503	9503	CREDITOR. (a) At any time after the first anniversary of the date
9504	9504	letters testamentary are granted for an estate, a creditor of the
9505	9505	estate whose claim or part of a claim has been approved by the court
9506	9506	or established by suit may obtain an order directing that payment of
9507	9507	the claim or part of the claim be made on written application and
9508	9508	proof, except as provided by Subsection (b), showing that the
9509	9509	estate has sufficient available funds.
9510	9510	(b) If the estate does not have available funds to pay a
9511	9511	claim or part of a claim described by Subsection (a) and waiting for
9512	9512	the estate to receive funds from other sources would unreasonably
9513	9513	delay the payment, the court shall order the sale of estate property
9514	9514	sufficient to make the payment.
9515	9515	(c) The personal representative of the estate must first be
9516	9516	cited on a written application under Subsection (a) to appear and
9517	9517	show cause why the order should not be made. (Tex. Prob. Code, Sec.
9518	9518	326.)
9519	9519	Sec. 355.108. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY
9520	9520	CLAIMS OF SAME CLASS. (a) If there are insufficient assets to pay
9521	9521	all claims of the same class, other than secured claims for money,
9522	9522	the claims in that class shall be paid pro rata, as directed by the
9523	9523	court, and in the order directed.
9524	9524	(b) A personal representative may not be allowed to pay a
9525	9525	claim under Subsection (a) other than with the pro rata amount of
9526	9526	the estate funds that have come into the representative's
9527	9527	possession, regardless of whether the estate is solvent or
9528	9528	insolvent. (Tex. Prob. Code, Sec. 321.)
9529	9529	Sec. 355.109. ABATEMENT OF BEQUESTS. (a) Except as
9530	9530	provided by Subsections (b), (c), and (d), a decedent's property is
9531	9531	liable for debts and expenses of administration other than estate
9532	9532	taxes, and bequests abate in the following order:
9533	9533	(1) property not disposed of by will, but passing by
9534	9534	intestacy;
9535	9535	(2) personal property of the residuary estate;
9536	9536	(3) real property of the residuary estate;
9537	9537	(4) general bequests of personal property;
9538	9538	(5) general devises of real property;
9539	9539	(6) specific bequests of personal property; and
9540	9540	(7) specific devises of real property.
9541	9541	(b) This section does not affect the requirements for
9542	9542	payment of a claim of a secured creditor who elects to have the
9543	9543	claim continued as a preferred debt and lien against specific
9544	9544	property under Subchapter D.
9545	9545	(c) A decedent's intent expressed in a will controls over
9546	9546	the abatement of bequests provided by this section.
9547	9547	(d) This section does not apply to the payment of estate
9548	9548	taxes under Subchapter A, Chapter 124. (Tex. Prob. Code, Sec.
9549	9549	322B.)
9550	9550	Sec. 355.110. ALLOCATION OF FUNERAL EXPENSES. A personal
9551	9551	representative paying a claim for funeral expenses and for items
9552	9552	incident to the funeral, such as a tombstone, grave marker, crypt,
9553	9553	or burial plot:
9554	9554	(1) shall charge all of the claim to the decedent's
9555	9555	estate; and
9556	9556	(2) may not charge any part of the claim to the
9557	9557	community share of a surviving spouse. (Tex. Prob. Code, Sec.
9558	9558	320A.)
9559	9559	Sec. 355.111. PAYMENT OF COURT COSTS RELATING TO CLAIM. All
9560	9560	costs incurred in the probate court with respect to a claim shall be
9561	9561	taxed as follows:
9562	9562	(1) if the claim is allowed and approved, the estate
9563	9563	shall pay the costs;
9564	9564	(2) if the claim is allowed but disapproved, the
9565	9565	claimant shall pay the costs;
9566	9566	(3) if the claim is rejected but established by suit,
9567	9567	the estate shall pay the costs;
9568	9568	(4) if the claim is rejected and not established by
9569	9569	suit, the claimant shall pay the costs, except as provided by
9570	9570	Section 355.052; and
9571	9571	(5) if the claim is rejected in part and the claimant
9572	9572	fails, in a suit to establish the claim, to recover a judgment for a
9573	9573	greater amount than was allowed or approved for the claim, the
9574	9574	claimant shall pay all costs in the suit. (Tex. Prob. Code, Sec.
9575	9575	315.)
9576	9576	Sec. 355.112. JOINT OBLIGATION FOR PAYMENT OF CERTAIN
9577	9577	DEBTS. On the death of a person jointly bound with one or more other
9578	9578	persons for the payment of a debt or for any other purpose, the
9579	9579	decedent's estate shall be charged by virtue of the obligation in
9580	9580	the same manner as if the obligors had been bound severally as well
9581	9581	as jointly. (Tex. Prob. Code, Sec. 323.)
9582	9582	Sec. 355.113. LIABILITY FOR NONPAYMENT OF CLAIM. (a) A
9583	9583	person or claimant, except the state treasury, entitled to payment
9584	9584	from an estate of money the court orders to be paid is authorized to
9585	9585	have execution issued against the estate property for the amount
9586	9586	due, with interest and costs, if:
9587	9587	(1) the personal representative fails to pay the money
9588	9588	on demand;
9589	9589	(2) estate funds are available to make the payment;
9590	9590	and
9591	9591	(3) the person or claimant makes an affidavit of the
9592	9592	demand for payment and the representative's failure to pay.
9593	9593	(b) The court may cite the personal representative and the
9594	9594	sureties on the representative's bond to show cause why the
9595	9595	representative and sureties should not be held liable under
9596	9596	Subsection (a) for the debt, interest, costs, and damages:
9597	9597	(1) on return of the execution not satisfied; or
9598	9598	(2) on the affidavit of demand and failure to pay under
9599	9599	Subsection (a).
9600	9600	(c) On the return of citation served under Subsection (b),
9601	9601	the court shall render judgment against the cited personal
9602	9602	representative and sureties, in favor of the claim holder, if good
9603	9603	cause why the representative and sureties should not be held liable
9604	9604	is not shown. The judgment must be for:
9605	9605	(1) the amount previously ordered to be paid or
9606	9606	established by suit that remains unpaid, together with interest and
9607	9607	costs; and
9608	9608	(2) damages on the amount neglected to be paid at the
9609	9609	rate of five percent per month for each month, or fraction of a
9610	9610	month, that the payment was neglected to be paid after demand was
9611	9611	made.
9612	9612	(d) Damages ordered under Subsection (c)(2) may be
9613	9613	collected in any court of competent jurisdiction. (Tex. Prob.
9614	9614	Code, Sec. 328.)
9615	9615	[Sections 355.114-355.150 reserved for expansion]
9616	9616	SUBCHAPTER D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY
9617	9617	Sec. 355.151. OPTION TO TREAT CLAIM AS MATURED SECURED
9618	9618	CLAIM OR PREFERRED DEBT AND LIEN. (a) If a secured claim for money
9619	9619	against an estate is presented, the claimant shall specify in the
9620	9620	claim, in addition to all other matters required to be specified in
9621	9621	the claim, whether the claimant desires to have the claim:
9622	9622	(1) allowed and approved as a matured secured claim to
9623	9623	be paid in due course of administration, in which case the claim
9624	9624	shall be paid in that manner if allowed and approved; or
9625	9625	(2) allowed, approved, and fixed as a preferred debt
9626	9626	and lien against the specific property securing the indebtedness
9627	9627	and paid according to the terms of the contract that secured the
9628	9628	lien, in which case the claim shall be so allowed and approved if it
9629	9629	is a valid lien.
9630	9630	(b) Notwithstanding Subsection (a)(2), the personal
9631	9631	representative may pay a claim that the claimant desired to have
9632	9632	allowed, approved, and fixed as a preferred debt and lien as
9633	9633	described by Subsection (a)(2) before maturity if that payment is
9634	9634	in the best interest of the estate. (Tex. Prob. Code, Sec. 306(a).)
9635	9635	Sec. 355.152. PERIOD FOR SPECIFYING TREATMENT OF SECURED
9636	9636	CLAIM. (a) A secured creditor may present the creditor's claim for
9637	9637	money and shall specify within the later of six months after the
9638	9638	date letters testamentary or of administration are granted, or four
9639	9639	months after the date notice required to be given under Section
9640	9640	308.053 is received, whether the claim is to be allowed and approved
9641	9641	under Section 355.151(a)(1) or (2).
9642	9642	(b) A secured claim for money that is not presented within
9643	9643	the period prescribed by Subsection (a) or that is presented
9644	9644	without specifying how the claim is to be paid under Section 355.151
9645	9645	shall be treated as a claim to be paid in accordance with Section
9646	9646	355.151(a)(2). (Tex. Prob. Code, Sec. 306(b).)
9647	9647	Sec. 355.153. PAYMENT OF MATURED SECURED CLAIM. (a) A
9648	9648	claim allowed and approved as a matured secured claim under Section
9649	9649	355.151(a)(1) shall be paid in due course of administration, and
9650	9650	the secured creditor is not entitled to exercise any other remedy in
9651	9651	a manner that prevents the preferential payment of claims and
9652	9652	allowances described by Sections 355.103(1), (2), and (3).
9653	9653	(b) If a claim is allowed and approved as a matured secured
9654	9654	claim under Section 355.151(a)(1) for a debt that would otherwise
9655	9655	pass with the property securing the debt to one or more devisees in
9656	9656	accordance with Section 255.301, the personal representative
9657	9657	shall:
9658	9658	(1) collect from the devisees the amount of the debt;
9659	9659	and
9660	9660	(2) pay that amount to the claimant in satisfaction of
9661	9661	the claim.
9662	9662	(c) Each devisee's share of the debt under Subsection (b) is
9663	9663	an amount equal to a fraction representing the devisee's ownership
9664	9664	interest in the property securing the debt, multiplied by the
9665	9665	amount of the debt.
9666	9666	(d) If the personal representative is unable to collect from
9667	9667	the devisees an amount sufficient to pay the debt under Subsection
9668	9668	(b), the representative shall, subject to Chapter 356, sell the
9669	9669	property securing the debt. The representative shall:
9670	9670	(1) use the sale proceeds to pay the debt and any
9671	9671	expenses associated with the sale; and
9672	9672	(2) distribute the remaining sale proceeds to each
9673	9673	devisee in an amount equal to a fraction representing the devisee's
9674	9674	ownership interest in the property, multiplied by the amount of the
9675	9675	remaining sale proceeds.
9676	9676	(e) If the sale proceeds under Subsection (d) are
9677	9677	insufficient to pay the debt and any expenses associated with the
9678	9678	sale, the difference between the sale proceeds and the sum of the
9679	9679	amount of the debt and the expenses associated with the sale shall
9680	9680	be paid in the manner prescribed by Subsection (a). (Tex. Prob.
9681	9681	Code, Secs. 306(c), (c-1).)
9682	9682	Sec. 355.154. PREFERRED DEBT AND LIEN. When a claim for a
9683	9683	debt is allowed and approved under Section 355.151(a)(2):
9684	9684	(1) a further claim for the debt may not be made
9685	9685	against other estate assets;
9686	9686	(2) the debt thereafter remains a preferred lien
9687	9687	against the property securing the debt; and
9688	9688	(3) the property remains security for the debt in any
9689	9689	distribution or sale of the property before final maturity and
9690	9690	payment of the debt. (Tex. Prob. Code, Sec. 306(d).)
9691	9691	Sec. 355.155. PAYMENT OF MATURITIES ON PREFERRED DEBT AND
9692	9692	LIEN. (a) If property securing a debt for which a claim is allowed,
9693	9693	approved, and fixed under Section 355.151(a)(2) is not sold or
9694	9694	distributed within six months from the date letters testamentary or
9695	9695	of administration are granted, the personal representative of the
9696	9696	estate shall:
9697	9697	(1) promptly pay all maturities that have accrued on
9698	9698	the debt according to the terms of the debt; and
9699	9699	(2) perform all the terms of any contract securing the
9700	9700	debt.
9701	9701	(b) If the personal representative defaults in payment or
9702	9702	performance under Subsection (a), on application of the claim
9703	9703	holder, the court shall:
9704	9704	(1) require the sale of the property subject to the
9705	9705	unmatured part of the debt and apply the proceeds of the sale to the
9706	9706	liquidation of the maturities;
9707	9707	(2) require the sale of the property free of the lien
9708	9708	and apply the proceeds to the payment of the whole debt; or
9709	9709	(3) authorize foreclosure by the claim holder as
9710	9710	provided by this subchapter. (Tex. Prob. Code, Sec. 306(e).)
9711	9711	Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE. An
9712	9712	application by a claim holder under Section 355.155(b)(3) to
9713	9713	foreclose the claim holder's mortgage, lien, or security interest
9714	9714	on property securing a claim allowed, approved, and fixed under
9715	9715	Section 355.151(a)(2) must be supported by the claim holder's
9716	9716	affidavit that:
9717	9717	(1) describes the property or part of the property to
9718	9718	be sold by foreclosure;
9719	9719	(2) describes the amounts of the claim holder's
9720	9720	outstanding debt;
9721	9721	(3) describes the maturities that have accrued on the
9722	9722	debt according to the terms of the debt;
9723	9723	(4) describes any other debts secured by a mortgage,
9724	9724	lien, or security interest against the property that are known by
9725	9725	the claim holder;
9726	9726	(5) contains a statement that the claim holder has no
9727	9727	knowledge of the existence of any debt secured by the property other
9728	9728	than those described by the application; and
9729	9729	(6) requests permission for the claim holder to
9730	9730	foreclose the claim holder's mortgage, lien, or security interest.
9731	9731	(Tex. Prob. Code, Sec. 306(f).)
9732	9732	Sec. 355.157. CITATION ON APPLICATION. (a) The clerk shall
9733	9733	issue citation on the filing of an application by:
9734	9734	(1) personal service to:
9735	9735	(A) the personal representative; and
9736	9736	(B) any person described by the application as
9737	9737	having other debts secured by a mortgage, lien, or security
9738	9738	interest against the property; and
9739	9739	(2) posting to any other person interested in the
9740	9740	estate.
9741	9741	(b) A citation issued under Subsection (a) must require the
9742	9742	person cited to appear and show cause why foreclosure should or
9743	9743	should not be permitted. (Tex. Prob. Code, Sec. 306(g).)
9744	9744	Sec. 355.158. HEARING ON APPLICATION. (a) The clerk shall
9745	9745	immediately notify the judge when an application is filed. The
9746	9746	judge shall schedule in writing a date for a hearing on the
9747	9747	application.
9748	9748	(b) The judge may, by entry on the docket or otherwise,
9749	9749	continue a hearing on an application for a reasonable time to allow
9750	9750	an interested person to obtain an appraisal or other evidence
9751	9751	concerning the fair market value of the property that is the subject
9752	9752	of the application. If the interested person requests an
9753	9753	unreasonable time for a continuance, the interested person must
9754	9754	show good cause for the continuance.
9755	9755	(c) If the court finds at the hearing that there is a default
9756	9756	in payment of maturities that have accrued on a debt described by
9757	9757	Section 355.155(a) or performance under the contract securing the
9758	9758	debt, the court shall:
9759	9759	(1) require the sale of the property subject to the
9760	9760	unmatured part of the debt and apply the proceeds of the sale to the
9761	9761	liquidation of the maturities;
9762	9762	(2) require the sale of the property free of the lien
9763	9763	and apply the proceeds to the payment of the whole debt; or
9764	9764	(3) authorize foreclosure by the claim holder as
9765	9765	provided by Section 355.156.
9766	9766	(d) A person interested in the estate may appeal an order
9767	9767	issued under Subsection (c)(3). (Tex. Prob. Code, Secs. 306(h),
9768	9768	(i)(1), (j).)
9769	9769	Sec. 355.159. MANNER OF FORECLOSURE; MINIMUM PRICE. (a)
9770	9770	When the court grants a claim holder the right of foreclosure at a
9771	9771	hearing under Section 355.158, the court shall authorize the claim
9772	9772	holder to foreclose the claim holder's mortgage, lien, or security
9773	9773	interest:
9774	9774	(1) in accordance with the provisions of the document
9775	9775	creating the mortgage, lien, or security interest; or
9776	9776	(2) in any other manner allowed by law.
9777	9777	(b) Based on the evidence presented at the hearing, the
9778	9778	court may set a minimum price for the property to be sold by
9779	9779	foreclosure that does not exceed the fair market value of the
9780	9780	property. If the court sets a minimum price, the property may not
9781	9781	be sold at the foreclosure sale for a lower price. (Tex. Prob.
9782	9782	Code, Sec. 306(i)(2).)
9783	9783	Sec. 355.160. UNSUCCESSFUL FORECLOSURE; SUBSEQUENT
9784	9784	APPLICATION. If property that is the subject of a foreclosure sale
9785	9785	authorized and conducted under this subchapter is not sold because
9786	9786	no bid at the sale met the minimum price set by the court, the claim
9787	9787	holder may file a subsequent application for foreclosure under
9788	9788	Section 355.155(b)(3). The court may eliminate or modify the
9789	9789	minimum price requirement and grant permission for another
9790	9790	foreclosure sale. (Tex. Prob. Code, Sec. 306(k).)
9791	9791	[Sections 355.161-355.200 reserved for expansion]
9792	9792	SUBCHAPTER E. CLAIMS INVOLVING PERSONAL REPRESENTATIVES
9793	9793	Sec. 355.201. CLAIM BY PERSONAL REPRESENTATIVE. (a) The
9794	9794	provisions of this chapter regarding the presentment of claims
9795	9795	against a decedent's estate may not be construed to apply to any
9796	9796	claim of a personal representative against the decedent.
9797	9797	(b) A personal representative holding a claim against the
9798	9798	decedent shall file the claim in the court granting the letters
9799	9799	testamentary or of administration, verified by affidavit as
9800	9800	required in other cases, within six months after the date the
9801	9801	representative qualifies, or the claim is barred.
9802	9802	(c) A claim by a personal representative that has been filed
9803	9803	with the court within the required period shall be entered on the
9804	9804	claim docket and acted on by the court in the same manner as in other
9805	9805	cases.
9806	9806	(d) A personal representative may appeal a judgment of the
9807	9807	court acting on a claim under this section as in other cases.
9808	9808	(e) The previous provisions regarding the presentment of
9809	9809	claims may not be construed to apply to a claim:
9810	9810	(1) of any heir or devisee who claims in that capacity;
9811	9811	(2) that accrues against the estate after the granting
9812	9812	of letters testamentary or of administration and for which the
9813	9813	personal representative has contracted; or
9814	9814	(3) for delinquent ad valorem taxes against a
9815	9815	decedent's estate that is being administered in probate in:
9816	9816	(A) a county other than the county in which the
9817	9817	taxes were imposed; or
9818	9818	(B) the same county in which the taxes were
9819	9819	imposed, if the probate proceedings have been pending for more than
9820	9820	four years. (Tex. Prob. Code, Sec. 317.)
9821	9821	Sec. 355.202. CLAIMS AGAINST PERSONAL REPRESENTATIVES. (a)
9822	9822	The naming of an executor in a will does not extinguish a just claim
9823	9823	that the decedent had against the person named as executor.
9824	9824	(b) If a personal representative is indebted to the
9825	9825	decedent, the representative shall account for the debt in the same
9826	9826	manner as if the debt were cash in the representative's possession.
9827	9827	(c) Notwithstanding Subsection (b), a personal
9828	9828	representative is required to account for the debt only from the
9829	9829	date the debt becomes due if the debt was not due at the time the
9830	9830	representative received letters testamentary or of administration.
9831	9831	(Tex. Prob. Code, Sec. 316.)
9832	9832	Sec. 355.203. PURCHASE OF CLAIM BY PERSONAL REPRESENTATIVE
9833	9833	PROHIBITED. (a) It is unlawful, and cause for removal, for a
9834	9834	personal representative, whether acting under appointment by will
9835	9835	or court orders, to purchase a claim against the estate the
9836	9836	representative represents for the representative's own use or any
9837	9837	other purpose.
9838	9838	(b) On written complaint by a person interested in the
9839	9839	estate and on satisfactory proof of a violation of Subsection (a),
9840	9840	the court after citation and hearing:
9841	9841	(1) shall enter an order canceling the claim described
9842	9842	by Subsection (a); and
9843	9843	(2) may remove the personal representative who is
9844	9844	found to have violated Subsection (a).
9845	9845	(c) No part of a claim canceled under Subsection (b) may be
9846	9846	paid out of the estate. (Tex. Prob. Code, Sec. 324.)
9847	9847	CHAPTER 356. SALE OF ESTATE PROPERTY
9848	9848	SUBCHAPTER A. GENERAL PROVISIONS
9849	9849	Sec. 356.001. COURT ORDER AUTHORIZING SALE
9850	9850	Sec. 356.002. SALE AUTHORIZED BY WILL
9851	9851	[Sections 356.003-356.050 reserved for expansion]
9852	9852	SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
9853	9853	Sec. 356.051. SALE OF CERTAIN PERSONAL PROPERTY
9854	9854	REQUIRED
9855	9855	[Sections 356.052-356.100 reserved for expansion]
9856	9856	SUBCHAPTER C. SALE OF PERSONAL PROPERTY
9857	9857	Sec. 356.101. ORDER FOR SALE
9858	9858	Sec. 356.102. REQUIREMENTS FOR APPLICATION AND ORDER
9859	9859	Sec. 356.103. SALE AT PUBLIC AUCTION
9860	9860	Sec. 356.104. SALE ON CREDIT
9861	9861	Sec. 356.105. REPORT; EVIDENCE OF TITLE
9862	9862	[Sections 356.106-356.150 reserved for expansion]
9863	9863	SUBCHAPTER D. SALE OF LIVESTOCK
9864	9864	Sec. 356.151. AUTHORITY FOR SALE
9865	9865	Sec. 356.152. CONTENTS OF APPLICATION; HEARING
9866	9866	Sec. 356.153. GRANT OF APPLICATION
9867	9867	Sec. 356.154. REPORT; PASSAGE OF TITLE
9868	9868	Sec. 356.155. COMMISSION MERCHANT FEES
9869	9869	[Sections 356.156-356.200 reserved for expansion]
9870	9870	SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
9871	9871	Sec. 356.201. APPLICATION FOR SALE OF MORTGAGED
9872	9872	PROPERTY
9873	9873	Sec. 356.202. CITATION
9874	9874	Sec. 356.203. ORDER
9875	9875	[Sections 356.204-356.250 reserved for expansion]
9876	9876	SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR SALE
9877	9877	SALE
9878	9878	Sec. 356.251. APPLICATION FOR ORDER OF SALE
9879	9879	Sec. 356.252. CONTENTS OF APPLICATION
9880	9880	Sec. 356.253. CITATION
9881	9881	Sec. 356.254. OPPOSITION TO SALE
9882	9882	Sec. 356.255. HEARING ON APPLICATION AND ANY
9883	9883	OPPOSITION
9884	9884	Sec. 356.256. ORDER
9885	9885	Sec. 356.257. SALE FOR PAYMENT OF DEBTS
9886	9886	[Sections 356.258-356.300 reserved for expansion]
9887	9887	SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
9888	9888	Sec. 356.301. PERMISSIBLE TERMS
9889	9889	Sec. 356.302. SALE ON CREDIT
9890	9890	[Sections 356.303-356.350 reserved for expansion]
9891	9891	SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
9892	9892	Sec. 356.351. APPLICABILITY OF SUBCHAPTER
9893	9893	Sec. 356.352. APPLICATION AND ORDER FOR RECONVEYANCE
9894	9894	Sec. 356.353. EXCHANGE FOR BONDS
9895	9895	[Sections 356.354-356.400 reserved for expansion]
9896	9896	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
9897	9897	Sec. 356.401. REQUIRED NOTICE
9898	9898	Sec. 356.402. METHOD OF SALE
9899	9899	Sec. 356.403. TIME AND PLACE OF SALE
9900	9900	Sec. 356.404. CONTINUANCE OF SALE
9901	9901	Sec. 356.405. FAILURE OF BIDDER TO COMPLY
9902	9902	[Sections 356.406-356.450 reserved for expansion]
9903	9903	SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
9904	9904	Sec. 356.451. MANNER OF SALE
9905	9905	[Sections 356.452-356.500 reserved for expansion]
9906	9906	SUBCHAPTER K. SALE OF EASEMENT OR RIGHT-OF-WAY
9907	9907	Sec. 356.501. AUTHORIZATION
9908	9908	Sec. 356.502. PROCEDURE
9909	9909	[Sections 356.503-356.550 reserved for expansion]
9910	9910	SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND
9911	9911	TRANSFER OF TITLE
9912	9912	Sec. 356.551. REPORT
9913	9913	Sec. 356.552. ACTION OF COURT ON REPORT OF SALE
9914	9914	Sec. 356.553. CONFIRMATION OF SALE WHEN BOND NOT
9915	9915	REQUIRED
9916	9916	Sec. 356.554. SUFFICIENCY OF BOND
9917	9917	Sec. 356.555. INCREASED OR ADDITIONAL BOND NOT
9918	9918	REQUIRED
9919	9919	Sec. 356.556. CONFIRMATION OR DISAPPROVAL ORDER
9920	9920	Sec. 356.557. DEED
9921	9921	Sec. 356.558. DELIVERY OF DEED
9922	9922	Sec. 356.559. DAMAGES; REMOVAL
9923	9923	[Sections 356.560-356.600 reserved for expansion]
9924	9924	SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
9925	9925	Sec. 356.601. FAILURE TO APPLY FOR SALE
9926	9926	Sec. 356.602. COURT ORDER
9927	9927	[Sections 356.603-356.650 reserved for expansion]
9928	9928	SUBCHAPTER N. PURCHASE OF PROPERTY BY PERSONAL REPRESENTATIVE
9929	9929	Sec. 356.651. GENERAL PROHIBITION ON PURCHASE
9930	9930	Sec. 356.652. EXCEPTION: AUTHORIZATION IN WILL
9931	9931	Sec. 356.653. EXCEPTION: EXECUTORY CONTRACT
9932	9932	Sec. 356.654. EXCEPTION: BEST INTEREST OF ESTATE
9933	9933	Sec. 356.655. PURCHASE IN VIOLATION OF SUBCHAPTER
9934	9934	CHAPTER 356. SALE OF ESTATE PROPERTY
9935	9935	SUBCHAPTER A. GENERAL PROVISIONS
9936	9936	Sec. 356.001. COURT ORDER AUTHORIZING SALE. (a) Except as
9937	9937	provided by this chapter, estate property may not be sold without a
9938	9938	court order authorizing the sale.
9939	9939	(b) Except as otherwise specially provided by this chapter,
9940	9940	the court may order estate property to be sold for cash or on
9941	9941	credit, at public auction or privately, as the court considers most
9942	9942	advantageous to the estate. (Tex. Prob. Code, Sec. 331.)
9943	9943	Sec. 356.002. SALE AUTHORIZED BY WILL. (a) Subject to
9944	9944	Subsection (b), if a will authorizes the executor to sell the
9945	9945	testator's property:
9946	9946	(1) a court order is not required to authorize the
9947	9947	executor to sell the property; and
9948	9948	(2) the executor may sell the property:
9949	9949	(A) at public auction or privately as the
9950	9950	executor considers to be in the best interest of the estate; and
9951	9951	(B) for cash or on credit terms determined by the
9952	9952	executor.
9953	9953	(b) Any particular directions in the testator's will
9954	9954	regarding the sale of estate property shall be followed unless the
9955	9955	directions have been annulled or suspended by court order. (Tex.
9956	9956	Prob. Code, Sec. 332.)
9957	9957	[Sections 356.003-356.050 reserved for expansion]
9958	9958	SUBCHAPTER B. CERTAIN ESTATE PROPERTY REQUIRED TO BE SOLD
9959	9959	Sec. 356.051. SALE OF CERTAIN PERSONAL PROPERTY REQUIRED.
9960	9960	(a) After approval of the inventory, appraisement, and list of
9961	9961	claims, the personal representative of an estate promptly shall
9962	9962	apply for a court order to sell, at public auction or privately, for
9963	9963	cash or on credit for a term not to exceed six months, all estate
9964	9964	property that is liable to perish, waste, or deteriorate in value,
9965	9965	or that will be an expense or disadvantage to the estate if kept.
9966	9966	(b) The following may not be included in a sale under
9967	9967	Subsection (a):
9968	9968	(1) property exempt from forced sale;
9969	9969	(2) property that is the subject of a specific legacy;
9970	9970	and
9971	9971	(3) personal property necessary to carry on a farm,
9972	9972	ranch, factory, or other business that is thought best to operate.
9973	9973	(c) In determining whether to order the sale of an asset
9974	9974	under Subsection (a), the court shall consider:
9975	9975	(1) the personal representative's duty to take care of
9976	9976	and manage the estate in the manner a person of ordinary prudence,
9977	9977	discretion, and intelligence would manage the person's own affairs;
9978	9978	and
9979	9979	(2) whether the asset constitutes an asset that a
9980	9980	trustee is authorized to invest under Subchapter F, Chapter 113,
9981	9981	Property Code, or Chapter 117, Property Code. (Tex. Prob. Code,
9982	9982	Sec. 333.)
9983	9983	[Sections 356.052-356.100 reserved for expansion]
9984	9984	SUBCHAPTER C. SALE OF PERSONAL PROPERTY
9985	9985	Sec. 356.101. ORDER FOR SALE. (a) Except as provided by
9986	9986	Subsection (b), on the application of the personal representative
9987	9987	of an estate or any interested person, the court may order the sale
9988	9988	of any estate personal property not required to be sold by Section
9989	9989	356.051, including livestock or growing or harvested crops, if the
9990	9990	court finds that the sale of the property is in the estate's best
9991	9991	interest to pay, from the proceeds of the sale:
9992	9992	(1) expenses of administration;
9993	9993	(2) the decedent's funeral expenses;
9994	9994	(3) expenses of the decedent's last illness;
9995	9995	(4) allowances; or
9996	9996	(5) claims against the estate.
9997	9997	(b) The court may not order under this section the sale of
9998	9998	exempt property or property that is the subject of a specific
9999	9999	legacy. (Tex. Prob. Code, Sec. 334 (part).)
10000	10000	Sec. 356.102. REQUIREMENTS FOR APPLICATION AND ORDER. To
10001	10001	the extent possible, an application and order for the sale of
10002	10002	personal property under Section 356.101 must conform to the
10003	10003	requirements under Subchapter F for an application and order for
10004	10004	the sale of real estate. (Tex. Prob. Code, Sec. 334 (part).)
10005	10005	Sec. 356.103. SALE AT PUBLIC AUCTION. Unless the court
10006	10006	directs otherwise, before estate personal property is sold at
10007	10007	public auction, notice must be:
10008	10008	(1) issued by the personal representative of the
10009	10009	estate; and
10010	10010	(2) posted in the manner notice is posted for original
10011	10011	proceedings in probate. (Tex. Prob. Code, Sec. 336.)
10012	10012	Sec. 356.104. SALE ON CREDIT. (a) Estate personal property
10013	10013	may not be sold on credit at public auction for a term of more than
10014	10014	six months from the date of sale.
10015	10015	(b) Estate personal property purchased on credit at public
10016	10016	auction may not be delivered to the purchaser until the purchaser
10017	10017	gives a note for the amount due, with good and solvent personal
10018	10018	security. The requirement that security be provided may be waived
10019	10019	if the property will not be delivered until the note, with interest,
10020	10020	has been paid. (Tex. Prob. Code, Sec. 337.)
10021	10021	Sec. 356.105. REPORT; EVIDENCE OF TITLE. (a) A sale of
10022	10022	estate personal property shall be reported to the court. The laws
10023	10023	regulating the confirmation or disapproval of a sale of real estate
10024	10024	apply to the sale, except that a conveyance is not required.
10025	10025	(b) The court's order confirming the sale of estate personal
10026	10026	property:
10027	10027	(1) vests the right and title of the intestate's estate
10028	10028	in the purchaser who has complied with the terms of the sale; and
10029	10029	(2) is prima facie evidence that all requirements of
10030	10030	the law in making the sale have been met.
10031	10031	(c) The personal representative of an estate, on request,
10032	10032	may issue a bill of sale without warranty to the purchaser of estate
10033	10033	personal property as evidence of title. The purchaser shall pay for
10034	10034	the issuance of the bill of sale. (Tex. Prob. Code, Sec. 339.)
10035	10035	[Sections 356.106-356.150 reserved for expansion]
10036	10036	SUBCHAPTER D. SALE OF LIVESTOCK
10037	10037	Sec. 356.151. AUTHORITY FOR SALE. (a) A personal
10038	10038	representative of an estate who has possession of livestock and who
10039	10039	considers selling the livestock to be necessary or to the estate's
10040	10040	advantage may, in addition to any other method provided by law for
10041	10041	the sale of personal property, obtain authority from the court in
10042	10042	which the estate is pending to sell the livestock through:
10043	10043	(1) a bonded livestock commission merchant; or
10044	10044	(2) a bonded livestock auction commission merchant.
10045	10045	(b) The court may authorize the sale of livestock in the
10046	10046	manner described by Subsection (a) on a written and sworn
10047	10047	application by the personal representative or any person interested
10048	10048	in the estate. (Tex. Prob. Code, Sec. 335 (part).)
10049	10049	Sec. 356.152. CONTENTS OF APPLICATION; HEARING. (a) An
10050	10050	application under Section 356.151 must:
10051	10051	(1) describe the livestock sought to be sold; and
10052	10052	(2) state why granting the application is necessary or
10053	10053	to the estate's advantage.
10054	10054	(b) The court:
10055	10055	(1) shall promptly consider the application; and
10056	10056	(2) may hear evidence for or against the application,
10057	10057	with or without notice, as the facts warrant. (Tex. Prob. Code,
10058	10058	Sec. 335 (part).)
10059	10059	Sec. 356.153. GRANT OF APPLICATION. If the court grants an
10060	10060	application for the sale of livestock, the court shall:
10061	10061	(1) enter an order to that effect; and
10062	10062	(2) authorize delivery of the livestock to a
10063	10063	commission merchant described by Section 356.151 for sale in the
10064	10064	regular course of business. (Tex. Prob. Code, Sec. 335 (part).)
10065	10065	Sec. 356.154. REPORT; PASSAGE OF TITLE. The personal
10066	10066	representative of the estate shall promptly report to the court a
10067	10067	sale of livestock authorized under this subchapter, supported by a
10068	10068	verified copy of the commission merchant's account of the sale. A
10069	10069	court order of confirmation is not required to pass title to the
10070	10070	purchaser of the livestock. (Tex. Prob. Code, Sec. 335 (part).)
10071	10071	Sec. 356.155. COMMISSION MERCHANT FEES. A commission
10072	10072	merchant shall be paid the merchant's usual and customary charges,
10073	10073	not to exceed five percent of the sale price, for the sale of
10074	10074	livestock authorized under this subchapter. (Tex. Prob. Code, Sec.
10075	10075	335 (part).)
10076	10076	[Sections 356.156-356.200 reserved for expansion]
10077	10077	SUBCHAPTER E. SALE OF MORTGAGED PROPERTY
10078	10078	Sec. 356.201. APPLICATION FOR SALE OF MORTGAGED PROPERTY.
10079	10079	A creditor holding a claim that is secured by a valid mortgage or
10080	10080	other lien and that has been allowed and approved or established by
10081	10081	suit may, by filing a written application, obtain from the court in
10082	10082	which the estate is pending an order requiring that the property
10083	10083	securing the lien, or as much of the property as is necessary to
10084	10084	satisfy the claim, be sold. (Tex. Prob. Code, Sec. 338 (part).)
10085	10085	Sec. 356.202. CITATION. On the filing of an application
10086	10086	under Section 356.201, the clerk shall issue a citation requiring
10087	10087	the personal representative of the estate to appear and show cause
10088	10088	why the application should not be granted. (Tex. Prob. Code, Sec.
10089	10089	338 (part).)
10090	10090	Sec. 356.203. ORDER. The court may order the lien securing
10091	10091	the claim of a creditor who files an application under Section
10092	10092	356.201 to be discharged out of general estate assets or refinanced
10093	10093	if the discharge or refinance of the lien appears to the court to be
10094	10094	advisable. Otherwise, the court shall grant the application and
10095	10095	order that the property securing the lien be sold at public or
10096	10096	private sale, as considered best, as in an ordinary sale of real
10097	10097	estate. (Tex. Prob. Code, Sec. 338 (part).)
10098	10098	[Sections 356.204-356.250 reserved for expansion]
10099	10099	SUBCHAPTER F. SALE OF REAL PROPERTY: APPLICATION AND ORDER FOR
10100	10100	SALE
10101	10101	Sec. 356.251. APPLICATION FOR ORDER OF SALE. An
10102	10102	application may be made to the court for an order to sell estate
10103	10103	property if the sale appears necessary or advisable to:
10104	10104	(1) pay:
10105	10105	(A) expenses of administration;
10106	10106	(B) the decedent's funeral expenses;
10107	10107	(C) expenses of the decedent's last illness;
10108	10108	(D) allowances; and
10109	10109	(E) claims against the estate; or
10110	10110	(2) dispose of an interest in estate real property if
10111	10111	selling the interest is considered in the estate's best interest.
10112	10112	(Tex. Prob. Code, Sec. 341.)
10113	10113	Sec. 356.252. CONTENTS OF APPLICATION. An application for
10114	10114	the sale of real estate must:
10115	10115	(1) be in writing;
10116	10116	(2) describe:
10117	10117	(A) the real estate sought to be sold; or
10118	10118	(B) the interest in or part of the real estate
10119	10119	sought to be sold; and
10120	10120	(3) be accompanied by an exhibit, verified by an
10121	10121	affidavit, showing:
10122	10122	(A) the estate's condition fully and in detail;
10123	10123	(B) the charges and claims that have been
10124	10124	approved or established by suit or that have been rejected and may
10125	10125	yet be established;
10126	10126	(C) the amount of each claim described by
10127	10127	Paragraph (B);
10128	10128	(D) the estate property remaining on hand that is
10129	10129	liable for the payment of the claims described by Paragraph (B); and
10130	10130	(E) any other facts showing the necessity for or
10131	10131	advisability of the sale. (Tex. Prob. Code, Sec. 342.)
10132	10132	Sec. 356.253. CITATION. On the filing of an application and
10133	10133	exhibit described by Section 356.252, the clerk shall issue a
10134	10134	citation to all persons interested in the estate. The citation
10135	10135	must:
10136	10136	(1) describe the real estate or the interest in or part
10137	10137	of the real estate sought to be sold;
10138	10138	(2) inform the interested persons of the right under
10139	10139	Section 356.254 to file an opposition to the sale during the period
10140	10140	prescribed by the court in the citation; and
10141	10141	(3) be served by posting. (Tex. Prob. Code, Sec. 344.)
10142	10142	Sec. 356.254. OPPOSITION TO SALE. During the period
10143	10143	prescribed in a citation issued under Section 356.253, any person
10144	10144	interested in the estate may file:
10145	10145	(1) a written opposition to the sale; or
10146	10146	(2) an application for the sale of other estate
10147	10147	property. (Tex. Prob. Code, Sec. 345.)
10148	10148	Sec. 356.255. HEARING ON APPLICATION AND ANY OPPOSITION.
10149	10149	(a) The clerk of the court in which an application for an order of
10150	10150	sale is filed shall immediately call to the judge's attention any
10151	10151	opposition to the sale that is filed during the period prescribed in
10152	10152	the citation issued under Section 356.253. The court shall hold a
10153	10153	hearing on the application if an opposition to the sale is filed
10154	10154	during the period prescribed in the citation.
10155	10155	(b) A hearing on an application for an order of sale is not
10156	10156	required under this section if no opposition to the application is
10157	10157	filed during the period prescribed in the citation. The court may
10158	10158	determine that a hearing on the application is necessary even if no
10159	10159	opposition is filed during that period.
10160	10160	(c) If the court orders a hearing under Subsection (a) or
10161	10161	(b), the court shall designate in writing a date and time for the
10162	10162	hearing on the application and any opposition, together with the
10163	10163	evidence pertaining to the application and any opposition. The
10164	10164	clerk shall issue a notice of the date and time of the hearing to the
10165	10165	applicant and to each person who files an opposition to the sale, if
10166	10166	applicable.
10167	10167	(d) The judge, by entries on the docket, may continue a
10168	10168	hearing held under this section from time to time until the judge is
10169	10169	satisfied concerning the application. (Tex. Prob. Code, Sec. 345A.)
10170	10170	Sec. 356.256. ORDER. (a) The court shall order the sale of
10171	10171	the estate property described in an application for an order of sale
10172	10172	if the court is satisfied that the sale is necessary or advisable.
10173	10173	Otherwise, the court may deny the application and, if the court
10174	10174	considers it best, may order the sale of other estate property the
10175	10175	sale of which would be more advantageous to the estate.
10176	10176	(b) An order for the sale of real estate under this section
10177	10177	must specify:
10178	10178	(1) the property to be sold, including a description
10179	10179	that identifies that property;
10180	10180	(2) whether the property is to be sold at public
10181	10181	auction or private sale and, if at public auction, the time and
10182	10182	place of the sale;
10183	10183	(3) the necessity or advisability of, and the purpose
10184	10184	of, the sale;
10185	10185	(4) except in a case in which a personal
10186	10186	representative was not required to give a general bond, that the
10187	10187	court, after examining the general bond given by the
10188	10188	representative, finds that:
10189	10189	(A) the bond is sufficient as required by law; or
10190	10190	(B) the bond is insufficient;
10191	10191	(5) if the court finds that the general bond is
10192	10192	insufficient under Subdivision (4)(B), the amount of the necessary
10193	10193	or increased bond, as applicable;
10194	10194	(6) that the sale is to be made and the report returned
10195	10195	in accordance with law; and
10196	10196	(7) the terms of the sale. (Tex. Prob. Code, Sec.
10197	10197	346.)
10198	10198	Sec. 356.257. SALE FOR PAYMENT OF DEBTS. Estate real
10199	10199	property selected to be sold for the payment of expenses or claims
10200	10200	must be that property the sale of which the court considers most
10201	10201	advantageous to the estate. (Tex. Prob. Code, Sec. 340.)
10202	10202	[Sections 356.258-356.300 reserved for expansion]
10203	10203	SUBCHAPTER G. SALE OF REAL ESTATE: TERMS OF SALE
10204	10204	Sec. 356.301. PERMISSIBLE TERMS. Real estate of an estate
10205	10205	may be sold for cash, part cash and part credit, or the equity in
10206	10206	land securing an indebtedness may be sold subject to the
10207	10207	indebtedness, or with an assumption of the indebtedness, at public
10208	10208	or private sale, as appears to the court to be in the estate's best
10209	10209	interest. (Tex. Prob. Code, Sec. 348(a) (part).)
10210	10210	Sec. 356.302. SALE ON CREDIT. (a) The cash payment for
10211	10211	real estate of an estate sold partly on credit may not be less than
10212	10212	one-fifth of the purchase price. The purchaser shall execute a note
10213	10213	for the deferred payments, payable in monthly, quarterly,
10214	10214	semiannual, or annual installments, in amounts that appear to the
10215	10215	court to be in the estate's best interest. The note must bear
10216	10216	interest from the date at a rate of not less than four percent per
10217	10217	year, payable as provided in the note.
10218	10218	(b) A note executed by a purchaser under Subsection (a) must
10219	10219	be secured by a vendor's lien retained in the deed and in the note on
10220	10220	the property sold, and be further secured by a deed of trust on the
10221	10221	property sold, with the usual provisions for foreclosure and sale
10222	10222	on failure to make the payments provided in the deed and the note.
10223	10223	(c) At the election of the holder of a note executed by a
10224	10224	purchaser under Subsection (a), default in the payment of
10225	10225	principal, interest, or any part of the principal or interest, when
10226	10226	due matures the entire debt. (Tex. Prob. Code, Sec. 348(a) (part).)
10227	10227	[Sections 356.303-356.350 reserved for expansion]
10228	10228	SUBCHAPTER H. RECONVEYANCE OF REAL ESTATE FOLLOWING FORECLOSURE
10229	10229	Sec. 356.351. APPLICABILITY OF SUBCHAPTER. This subchapter
10230	10230	applies only to real estate owned by an estate as a result of the
10231	10231	foreclosure of a vendor's lien or mortgage belonging to the estate:
10232	10232	(1) by a judicial sale;
10233	10233	(2) by a foreclosure suit;
10234	10234	(3) through a sale under a deed of trust; or
10235	10235	(4) by acceptance of a deed in cancellation of a lien
10236	10236	or mortgage owned by the estate. (Tex. Prob. Code, Sec. 348(b)
10237	10237	(part).)
10238	10238	Sec. 356.352. APPLICATION AND ORDER FOR RECONVEYANCE. On
10239	10239	proper application and proof, the court may dispense with the
10240	10240	requirements for a credit sale prescribed by Section 356.302 and
10241	10241	order the reconveyance of foreclosed real estate to the former
10242	10242	mortgage debtor or former owner if it appears to the court that:
10243	10243	(1) an application to redeem the real estate has been
10244	10244	made by the former owner to a corporation or agency created by an
10245	10245	Act of the United States Congress or of this state in connection
10246	10246	with legislation for the relief of owners of mortgaged or
10247	10247	encumbered homes, farms, ranches, or other real estate; and
10248	10248	(2) owning bonds of one of those federal or state
10249	10249	corporations or agencies instead of the real estate would be in the
10250	10250	estate's best interest. (Tex. Prob. Code, Sec. 348(b) (part).)
10251	10251	Sec. 356.353. EXCHANGE FOR BONDS. (a) If a court orders
10252	10252	the reconveyance of foreclosed real estate as provided by Section
10253	10253	356.352, vendor's lien notes shall be reserved for the total amount
10254	10254	of the indebtedness due or for the total amount of bonds that the
10255	10255	corporation or agency to which the application to redeem the real
10256	10256	estate was submitted as described by Section 356.352(1) is allowed
10257	10257	to advance under the corporation's or agency's rules or
10258	10258	regulations.
10259	10259	(b) On obtaining the order for reconveyance, it shall be
10260	10260	proper for the personal representative of the estate to indorse and
10261	10261	assign the reserved vendor's lien notes over to any one of the
10262	10262	corporations or agencies described by Section 356.352(1) in
10263	10263	exchange for bonds of that corporation or agency. (Tex. Prob. Code,
10264	10264	Sec. 348(b) (part).)
10265	10265	[Sections 356.354-356.400 reserved for expansion]
10266	10266	SUBCHAPTER I. SALE OF REAL ESTATE: PUBLIC SALE
10267	10267	Sec. 356.401. REQUIRED NOTICE. (a) Except as otherwise
10268	10268	provided by Section 356.403(c), the personal representative of an
10269	10269	estate shall advertise a public sale of real estate of the estate by
10270	10270	a notice published in the county in which the estate is pending, as
10271	10271	provided by this title for publication of notices or citations. The
10272	10272	notice must:
10273	10273	(1) include a reference to the order of sale;
10274	10274	(2) include the time, place, and required terms of
10275	10275	sale; and
10276	10276	(3) briefly describe the real estate to be sold.
10277	10277	(b) The notice required by Subsection (a) is not required to
10278	10278	contain field notes, but if the real estate to be sold is rural
10279	10279	property, the notice must include:
10280	10280	(1) the name of the original survey of the real estate;
10281	10281	(2) the number of acres comprising the real estate;
10282	10282	(3) the location of the real estate in the county; and
10283	10283	(4) any name by which the real estate is generally
10284	10284	known. (Tex. Prob. Code, Sec. 349(a).)
10285	10285	Sec. 356.402. METHOD OF SALE. A public sale of real estate
10286	10286	of an estate shall be made at public auction to the highest bidder.
10287	10287	(Tex. Prob. Code, Sec. 349(b).)
10288	10288	Sec. 356.403. TIME AND PLACE OF SALE. (a) Except as
10289	10289	provided by Subsection (c), a public sale of real estate of an
10290	10290	estate shall be made at:
10291	10291	(1) the courthouse door in the county in which the
10292	10292	proceedings are pending; or
10293	10293	(2) another place in that county at which sales of real
10294	10294	estate are specifically authorized to be made.
10295	10295	(b) The sale must occur between 10 a.m. and 4 p.m. on the
10296	10296	first Tuesday of the month after publication of notice has been
10297	10297	completed.
10298	10298	(c) If the court considers it advisable, the court may order
10299	10299	the sale to be made in the county in which the real estate is
10300	10300	located, in which event notice shall be published both in that
10301	10301	county and in the county in which the proceedings are pending.
10302	10302	(Tex. Prob. Code, Sec. 349(c).)
10303	10303	Sec. 356.404. CONTINUANCE OF SALE. (a) A public sale of
10304	10304	real estate of an estate that is not completed on the day advertised
10305	10305	may be continued from day to day by an oral public announcement of
10306	10306	the continuance made at the conclusion of the sale each day.
10307	10307	(b) A continued sale must occur within the hours prescribed
10308	10308	by Section 356.403(b).
10309	10309	(c) The continuance of a sale under this section shall be
10310	10310	shown in the report of the sale made to the court. (Tex. Prob. Code,
10311	10311	Sec. 349(d).)
10312	10312	Sec. 356.405. FAILURE OF BIDDER TO COMPLY. (a) If a person
10313	10313	bids off real estate of the estate offered for sale at public
10314	10314	auction and fails to comply with the terms of the sale, the property
10315	10315	shall be readvertised and sold without any further order.
10316	10316	(b) The person defaulting on a bid as described by
10317	10317	Subsection (a) is liable for payment to the personal representative
10318	10318	of the estate, for the estate's benefit, of:
10319	10319	(1) 10 percent of the amount of the bid; and
10320	10320	(2) the amount of any deficiency in price on the second
10321	10321	sale.
10322	10322	(c) The personal representative may recover the amounts
10323	10323	under Subsection (b) by suit in any court in the county in which the
10324	10324	sale was made that has jurisdiction of the amount claimed. (Tex.
10325	10325	Prob. Code, Sec. 349(e).)
10326	10326	[Sections 356.406-356.450 reserved for expansion]
10327	10327	SUBCHAPTER J. SALE OF REAL ESTATE: PRIVATE SALE
10328	10328	Sec. 356.451. MANNER OF SALE. A private sale of real estate
10329	10329	of the estate shall be made in the manner the court directs in the
10330	10330	order of sale. Unless the court directs otherwise, additional
10331	10331	advertising, notice, or citation concerning the sale is not
10332	10332	required. (Tex. Prob. Code, Sec. 350.)
10333	10333	[Sections 356.452-356.500 reserved for expansion]
10334	10334	SUBCHAPTER K. SALE OF EASEMENT OR RIGHT-OF-WAY
10335	10335	Sec. 356.501. AUTHORIZATION. Easements and rights-of-way
10336	10336	on, under, and over the land of an estate that is being administered
10337	10337	under court order may be sold and conveyed regardless of whether the
10338	10338	sale proceeds are required to pay charges or claims against the
10339	10339	estate or for other lawful purposes. (Tex. Prob. Code, Sec. 351
10340	10340	(part).)
10341	10341	Sec. 356.502. PROCEDURE. The procedure for the sale of an
10342	10342	easement or right-of-way authorized under Section 356.501 is the
10343	10343	same as the procedure provided by law for a sale of estate real
10344	10344	property at private sale. (Tex. Prob. Code, Sec. 351 (part).)
10345	10345	[Sections 356.503-356.550 reserved for expansion]
10346	10346	SUBCHAPTER L. CONFIRMATION OF SALE OF REAL PROPERTY AND
10347	10347	TRANSFER OF TITLE
10348	10348	Sec. 356.551. REPORT. A sale of estate real property shall
10349	10349	be reported to the court ordering the sale not later than the 30th
10350	10350	day after the date the sale is made. The report must:
10351	10351	(1) be sworn to, in writing, and filed with the clerk;
10352	10352	(2) include:
10353	10353	(A) the date of the order of sale;
10354	10354	(B) a description of the property sold;
10355	10355	(C) the time and place of sale;
10356	10356	(D) the purchaser's name;
10357	10357	(E) the amount for which each parcel of property
10358	10358	or interest in property was sold;
10359	10359	(F) the terms of the sale;
10360	10360	(G) whether the sale was made at public auction
10361	10361	or privately; and
10362	10362	(H) whether the purchaser is ready to comply with
10363	10363	the order of sale; and
10364	10364	(3) be noted on the probate docket. (Tex. Prob. Code,
10365	10365	Sec. 353.)
10366	10366	Sec. 356.552. ACTION OF COURT ON REPORT OF SALE. After the
10367	10367	expiration of five days from the date a report of sale is filed
10368	10368	under Section 356.551, the court shall:
10369	10369	(1) inquire into the manner in which the sale was made;
10370	10370	(2) hear evidence in support of or against the report;
10371	10371	and
10372	10372	(3) determine the sufficiency or insufficiency of the
10373	10373	personal representative's general bond, if any has been required
10374	10374	and given. (Tex. Prob. Code, Sec. 355 (part).)
10375	10375	Sec. 356.553. CONFIRMATION OF SALE WHEN BOND NOT REQUIRED.
10376	10376	If the personal representative of an estate is not required by this
10377	10377	title to give a general bond, the court may confirm the sale of
10378	10378	estate real property in the manner provided by Section 356.556(a)
10379	10379	if the court finds that the sale is satisfactory and made in
10380	10380	accordance with law. (Tex. Prob. Code, Sec. 354 (part).)
10381	10381	Sec. 356.554. SUFFICIENCY OF BOND. (a) If the personal
10382	10382	representative of an estate is required by this title to give a
10383	10383	general bond, before the court confirms any sale of real estate, the
10384	10384	court shall determine whether the bond is sufficient to protect the
10385	10385	estate after the sale proceeds are received.
10386	10386	(b) If the court finds that the general bond is sufficient,
10387	10387	the court may confirm the sale as provided by Section 356.556(a).
10388	10388	(c) If the court finds that the general bond is
10389	10389	insufficient, the court may not confirm the sale until the general
10390	10390	bond is increased to the amount required by the court, or an
10391	10391	additional bond is given, and approved by the court.
10392	10392	(d) An increase in the amount of the general bond, or the
10393	10393	additional bond, as applicable under Subsection (c), must be equal
10394	10394	to the sum of:
10395	10395	(1) the amount for which the real estate is sold; and
10396	10396	(2) any additional amount the court finds necessary
10397	10397	and sets for the estate's protection. (Tex. Prob. Code, Sec. 354
10398	10398	(part).)
10399	10399	Sec. 356.555. INCREASED OR ADDITIONAL BOND NOT REQUIRED.
10400	10400	Notwithstanding Sections 356.554(c) and (d), if the real estate
10401	10401	sold is encumbered by a lien to secure a claim against the estate
10402	10402	and is sold to the owner or holder of the secured claim in full
10403	10403	payment, liquidation, and satisfaction of the claim, an increased
10404	10404	general bond or additional bond may not be required except for the
10405	10405	amount of any cash paid to the personal representative of the estate
10406	10406	in excess of the amount necessary to pay, liquidate, and satisfy the
10407	10407	claim in full. (Tex. Prob. Code, Sec. 354 (part).)
10408	10408	Sec. 356.556. CONFIRMATION OR DISAPPROVAL ORDER. (a) If
10409	10409	the court is satisfied that a sale reported under Section 356.551
10410	10410	was for a fair price, properly made, and in conformity with law, and
10411	10411	the court has approved any increased or additional bond that the
10412	10412	court found necessary to protect the estate, the court shall enter
10413	10413	an order:
10414	10414	(1) confirming the sale;
10415	10415	(2) showing conformity with this chapter;
10416	10416	(3) detailing the terms of the sale; and
10417	10417	(4) authorizing the personal representative to convey
10418	10418	the property on the purchaser's compliance with the terms of the
10419	10419	sale.
10420	10420	(b) If the court is not satisfied that the sale was for a
10421	10421	fair price, properly made, and in conformity with law, the court
10422	10422	shall enter an order setting aside the sale and ordering a new sale
10423	10423	to be made, if necessary.
10424	10424	(c) The court's action in confirming or disapproving a
10425	10425	report of a sale has the effect of a final judgment. Any person
10426	10426	interested in the estate or in the sale is entitled to have an order
10427	10427	entered under this section reviewed as in other final judgments in
10428	10428	probate proceedings. (Tex. Prob. Code, Sec. 355 (part).)
10429	10429	Sec. 356.557. DEED. Real estate of an estate that is sold
10430	10430	shall be conveyed by a proper deed that refers to and identifies the
10431	10431	court order confirming the sale. The deed:
10432	10432	(1) vests in the purchaser all right and title of the
10433	10433	estate to, and all interest of the estate in, the property; and
10434	10434	(2) is prima facie evidence that the sale has met all
10435	10435	applicable requirements of the law. (Tex. Prob. Code, Sec. 356.)
10436	10436	Sec. 356.558. DELIVERY OF DEED. (a) After the court has
10437	10437	confirmed a sale and the purchaser has complied with the terms of
10438	10438	the sale, the personal representative of the estate shall promptly
10439	10439	execute and deliver to the purchaser a proper deed conveying the
10440	10440	property.
10441	10441	(b) If the sale is made partly on credit:
10442	10442	(1) the vendor's lien securing one or more purchase
10443	10443	money notes must be expressly retained in the deed and may not be
10444	10444	waived; and
10445	10445	(2) before actual delivery of the deed to the
10446	10446	purchaser, the purchaser shall execute and deliver to the personal
10447	10447	representative of the estate one or more vendor's lien notes, with
10448	10448	or without personal sureties as ordered by the court, and a deed of
10449	10449	trust or mortgage on the property as additional security for the
10450	10450	payment of the notes.
10451	10451	(c) On completion of the transaction, the personal
10452	10452	representative of the estate shall promptly file or cause to be
10453	10453	filed and recorded the deed of trust or mortgage in the appropriate
10454	10454	records in the county in which the land is located. (Tex. Prob.
10455	10455	Code, Sec. 357.)
10456	10456	Sec. 356.559. DAMAGES; REMOVAL. (a) If the personal
10457	10457	representative of an estate neglects to comply with Section
10458	10458	356.558, including to file the deed of trust securing a lien in the
10459	10459	proper county, the representative and the sureties on the
10460	10460	representative's bond shall, after complaint and citation, be held
10461	10461	liable for the use of the estate and for all damages resulting from
10462	10462	the representative's neglect, and the court may remove the
10463	10463	representative.
10464	10464	(b) Damages under this section may be recovered in any court
10465	10465	of competent jurisdiction. (Tex. Prob. Code, Sec. 358.)
10466	10466	[Sections 356.560-356.600 reserved for expansion]
10467	10467	SUBCHAPTER M. PROCEDURE ON FAILURE TO APPLY FOR SALE
10468	10468	Sec. 356.601. FAILURE TO APPLY FOR SALE. If the personal
10469	10469	representative of an estate neglects to apply for an order to sell
10470	10470	sufficient estate property to pay charges and claims against the
10471	10471	estate that have been allowed and approved or established by suit,
10472	10472	any interested person, on written application, may have the
10473	10473	representative cited to appear and make a full exhibit of the
10474	10474	estate's condition and show cause why a sale of the property should
10475	10475	not be ordered. (Tex. Prob. Code, Sec. 347 (part).)
10476	10476	Sec. 356.602. COURT ORDER. On hearing an application under
10477	10477	Section 356.601, if the court is satisfied that a sale of estate
10478	10478	property is necessary or advisable to satisfy the charges and
10479	10479	claims described by Section 356.601, the court shall enter an order
10480	10480	of sale as provided by Section 356.256. (Tex. Prob. Code, Sec. 347
10481	10481	(part).)
10482	10482	[Sections 356.603-356.650 reserved for expansion]
10483	10483	SUBCHAPTER N. PURCHASE OF PROPERTY BY PERSONAL REPRESENTATIVE
10484	10484	Sec. 356.651. GENERAL PROHIBITION ON PURCHASE. Except as
10485	10485	otherwise provided by this subchapter, the personal representative
10486	10486	of an estate may not purchase, directly or indirectly, any estate
10487	10487	property sold by the representative or any co-representative of the
10488	10488	estate. (Tex. Prob. Code, Sec. 352(a).)
10489	10489	Sec. 356.652. EXCEPTION: AUTHORIZATION IN WILL. A personal
10490	10490	representative of an estate may purchase estate property if the
10491	10491	representative was appointed in a will that:
10492	10492	(1) has been admitted to probate; and
10493	10493	(2) expressly authorizes the sale. (Tex. Prob. Code,
10494	10494	Sec. 352(b).)
10495	10495	Sec. 356.653. EXCEPTION: EXECUTORY CONTRACT. A personal
10496	10496	representative of a decedent's estate may purchase estate property
10497	10497	in compliance with the terms of a written executory contract signed
10498	10498	by the decedent, including:
10499	10499	(1) a contract for deed;
10500	10500	(2) an earnest money contract;
10501	10501	(3) a buy/sell agreement; and
10502	10502	(4) a stock purchase or redemption agreement. (Tex.
10503	10503	Prob. Code, Sec. 352(c).)
10504	10504	Sec. 356.654. EXCEPTION: BEST INTEREST OF ESTATE. (a)
10505	10505	Subject to Subsection (b), the personal representative of an
10506	10506	estate, including an independent administrator, may purchase
10507	10507	estate property on the court's determination that the sale is in the
10508	10508	estate's best interest.
10509	10509	(b) Before purchasing estate property as authorized by
10510	10510	Subsection (a), the personal representative shall give notice of
10511	10511	the purchase by certified mail, return receipt requested, unless
10512	10512	the court requires another form of notice, to:
10513	10513	(1) each distributee of the estate; and
10514	10514	(2) each creditor whose claim remains unsettled after
10515	10515	being presented within six months of the date letters testamentary
10516	10516	or of administration are originally granted.
10517	10517	(c) The court may require additional notice or allow for the
10518	10518	waiver of the notice required for a sale made under this section.
10519	10519	(Tex. Prob. Code, Sec. 352(d).)
10520	10520	Sec. 356.655. PURCHASE IN VIOLATION OF SUBCHAPTER. (a) If
10521	10521	a personal representative of an estate purchases estate property in
10522	10522	violation of this subchapter, any person interested in the estate
10523	10523	may file a written complaint with the court in which the proceedings
10524	10524	are pending.
10525	10525	(b) On service of citation on the personal representative on
10526	10526	a complaint filed under Subsection (a) and after hearing and proof,
10527	10527	the court shall:
10528	10528	(1) declare the sale void;
10529	10529	(2) set aside the sale; and
10530	10530	(3) order the reconveyance of the property to the
10531	10531	estate.
10532	10532	(c) The court shall adjudge against the personal
10533	10533	representative all costs of the sale, protest, and suit found
10534	10534	necessary. (Tex. Prob. Code, Sec. 352(e).)
10535	10535	CHAPTER 357. RENTING ESTATE PROPERTY
10536	10536	SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
10537	10537	Sec. 357.001. RENTING ESTATE PROPERTY WITHOUT COURT
10538	10538	ORDER
10539	10539	Sec. 357.002. RENTING ESTATE PROPERTY WITH COURT ORDER
10540	10540	Sec. 357.003. ESTATE PROPERTY RENTED ON CREDIT
10541	10541	Sec. 357.004. CONDITION OF RETURNED ESTATE PROPERTY
10542	10542	Sec. 357.005. COMPLAINT FOR FAILURE TO RENT
10543	10543	[Sections 357.006-357.050 reserved for expansion]
10544	10544	SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
10545	10545	Sec. 357.051. REPORTS CONCERNING RENTALS
10546	10546	Sec. 357.052. COURT ACTION ON REPORT
10547	10547	CHAPTER 357. RENTING ESTATE PROPERTY
10548	10548	SUBCHAPTER A. RENTAL AND RETURN OF ESTATE PROPERTY
10549	10549	Sec. 357.001. RENTING ESTATE PROPERTY WITHOUT COURT ORDER.
10550	10550	(a) The personal representative of an estate, without a court
10551	10551	order, may rent any of the estate property for one year or less, at
10552	10552	public auction or privately, as is considered to be in the best
10553	10553	interest of the estate.
10554	10554	(b) On the sworn complaint of any person interested in the
10555	10555	estate, the court shall require a personal representative who,
10556	10556	without a court order, rents estate property to account to the
10557	10557	estate for the reasonable value of the rent of the property, to be
10558	10558	ascertained by the court on satisfactory evidence. (Tex. Prob.
10559	10559	Code, Secs. 359, 360.)
10560	10560	Sec. 357.002. RENTING ESTATE PROPERTY WITH COURT ORDER.
10561	10561	(a) The personal representative of an estate may, if the
10562	10562	representative prefers, and shall, if the proposed rental period is
10563	10563	more than one year, file a written application with the court
10564	10564	setting forth the property the representative seeks to rent.
10565	10565	(b) If the court finds that granting an application filed
10566	10566	under Subsection (a) is in the interest of the estate, the court
10567	10567	shall issue an order that:
10568	10568	(1) describes the property to be rented; and
10569	10569	(2) states whether the property will be rented at
10570	10570	public auction or privately, whether for cash or on credit, and if
10571	10571	on credit, the extent of the credit and the period for which the
10572	10572	property may be rented.
10573	10573	(c) If, under Subsection (b), the court orders property to
10574	10574	be rented at public auction, the court shall prescribe whether
10575	10575	notice of the auction shall be published or posted. (Tex. Prob.
10576	10576	Code, Sec. 361.)
10577	10577	Sec. 357.003. ESTATE PROPERTY RENTED ON CREDIT. Possession
10578	10578	of estate property rented on credit may not be delivered until the
10579	10579	renter executes and delivers to the personal representative a note
10580	10580	with good personal security for the amount of the rent. If the
10581	10581	property is delivered without the representative receiving the
10582	10582	required security, the representative and the sureties on the
10583	10583	representative's bond are liable for the full amount of the rent.
10584	10584	When a rental is payable in installments, in advance of the period
10585	10585	to which the installments relate, this section does not apply.
10586	10586	(Tex. Prob. Code, Sec. 363.)
10587	10587	Sec. 357.004. CONDITION OF RETURNED ESTATE PROPERTY. (a)
10588	10588	Estate property that is rented, with or without a court order, must
10589	10589	be returned to the estate's possession in as good a condition,
10590	10590	except for reasonable wear and tear, as when the property was
10591	10591	rented.
10592	10592	(b) The personal representative of an estate shall:
10593	10593	(1) ensure that rented estate property is returned in
10594	10594	the condition required by Subsection (a);
10595	10595	(2) report to the court any damage to, or loss or
10596	10596	destruction of, the property; and
10597	10597	(3) ask the court for the authority to take any
10598	10598	necessary action.
10599	10599	(c) A personal representative who fails to act as required
10600	10600	by this section and the sureties on the representative's bond are
10601	10601	liable to the estate for any loss or damage suffered as a result of
10602	10602	the representative's failure. (Tex. Prob. Code, Sec. 364.)
10603	10603	Sec. 357.005. COMPLAINT FOR FAILURE TO RENT. (a) Any
10604	10604	person interested in an estate may:
10605	10605	(1) file a written and sworn complaint in the court in
10606	10606	which the estate is pending; and
10607	10607	(2) have the personal representative cited to appear
10608	10608	and show cause why the representative did not rent any estate
10609	10609	property.
10610	10610	(b) The court, on hearing the complaint, shall issue an
10611	10611	order that appears to be in the best interest of the estate. (Tex.
10612	10612	Prob. Code, Sec. 362.)
10613	10613	[Sections 357.006-357.050 reserved for expansion]
10614	10614	SUBCHAPTER B. REPORT ON RENTED ESTATE PROPERTY
10615	10615	Sec. 357.051. REPORTS CONCERNING RENTALS. (a) A personal
10616	10616	representative of an estate who rents estate property with an
10617	10617	appraised value of $3,000 or more shall, not later than the 30th day
10618	10618	after the date the property is rented, file with the court a sworn
10619	10619	and written report stating:
10620	10620	(1) the property rented and the property's appraised
10621	10621	value;
10622	10622	(2) the date the property was rented and whether the
10623	10623	rental occurred at public auction or privately;
10624	10624	(3) the name of each person renting the property;
10625	10625	(4) the rental amount; and
10626	10626	(5) whether the rental was for cash or on credit and,
10627	10627	if on credit, the length of time, the terms, and the security
10628	10628	received for the credit.
10629	10629	(b) A personal representative of an estate who rents estate
10630	10630	property with an appraised value of less than $3,000 may report the
10631	10631	rental in the next annual or final account that must be filed as
10632	10632	required by law. (Tex. Prob. Code, Sec. 365.)
10633	10633	Sec. 357.052. COURT ACTION ON REPORT. (a) At any time
10634	10634	after the fifth day after the date the report of renting is filed,
10635	10635	the court shall:
10636	10636	(1) examine the report; and
10637	10637	(2) by order approve and confirm the report if found
10638	10638	just and reasonable.
10639	10639	(b) If the court disapproves the report, the estate is not
10640	10640	bound and the court may order another offering for rent of the
10641	10641	property that is the subject of the report, in the same manner and
10642	10642	subject to the provisions of this chapter.
10643	10643	(c) If the court approves the report and it later appears
10644	10644	that, by reason of any fault of the personal representative, the
10645	10645	property was not rented for the property's reasonable value, the
10646	10646	court shall have the representative and the sureties on the
10647	10647	representative's bond appear and show cause why the reasonable
10648	10648	value of the rent of the property should not be adjudged against the
10649	10649	representative. (Tex. Prob. Code, Sec. 366.)
10650	10650	CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
10651	10651	SUBCHAPTER A. GENERAL PROVISIONS
10652	10652	Sec. 358.001. DEFINITIONS
10653	10653	[Sections 358.002-358.050 reserved for expansion]
10654	10654	SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
10655	10655	Sec. 358.051. AUTHORIZATION FOR LEASING OF MINERALS
10656	10656	Sec. 358.052. LEASE APPLICATION
10657	10657	Sec. 358.053. SCHEDULING OF HEARING ON APPLICATION;
10658	10658	CONTINUANCE
10659	10659	Sec. 358.054. NOTICE OF HEARING ON APPLICATION
10660	10660	Sec. 358.055. REQUIREMENTS REGARDING ORDER AND NOTICE
10661	10661	MANDATORY
10662	10662	Sec. 358.056. HEARING ON APPLICATION; ORDER
10663	10663	Sec. 358.057. MAKING OF LEASE ON GRANTING OF
10664	10664	APPLICATION
10665	10665	Sec. 358.058. BOND REQUIREMENTS
10666	10666	Sec. 358.059. TERM OF LEASE BINDING
10667	10667	Sec. 358.060. AMENDMENT OF LEASE REGARDING EFFECT OF
10668	10668	SHUT-IN GAS WELL
10669	10669	[Sections 358.061-358.100 reserved for expansion]
10670	10670	SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
10671	10671	Sec. 358.101. AUTHORIZATION FOR LEASING OF MINERALS AT
10672	10672	PRIVATE SALE
10673	10673	Sec. 358.102. ACTION OF COURT IF PUBLIC ADVERTISING
10674	10674	NOT REQUIRED
10675	10675	[Sections 358.103-358.150 reserved for expansion]
10676	10676	SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
10677	10677	Sec. 358.151. AUTHORIZATION FOR POOLING OR UNITIZATION
10678	10678	Sec. 358.152. POOLING OR UNITIZATION APPLICATION
10679	10679	Sec. 358.153. NOTICE NOT REQUIRED
10680	10680	Sec. 358.154. HEARING ON APPLICATION
10681	10681	Sec. 358.155. ACTION OF COURT AND CONTENTS OF ORDER
10682	10682	[Sections 358.156-358.200 reserved for expansion]
10683	10683	SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED WITHOUT COURT ORDER
10684	10684	WITHOUT COURT ORDER
10685	10685	Sec. 358.201. AUTHORIZATION FOR EXECUTION OF
10686	10686	AGREEMENTS
10687	10687	[Sections 358.202-358.250 reserved for expansion]
10688	10688	SUBCHAPTER F. PROCEDURE IF PERSONAL REPRESENTATIVE OF ESTATE NEGLECTS TO APPLY FOR AUTHORITY
10689	10689	NEGLECTS TO APPLY FOR AUTHORITY
10690	10690	Sec. 358.251. APPLICATION TO SHOW CAUSE
10691	10691	Sec. 358.252. HEARING ON APPLICATION
10692	10692	Sec. 358.253. ORDER
10693	10693	Sec. 358.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
10694	10694	ORDER
10695	10695	CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
10696	10696	SUBCHAPTER A. GENERAL PROVISIONS
10697	10697	Sec. 358.001. DEFINITIONS. In this chapter:
10698	10698	(1) "Gas" includes all liquid hydrocarbons in the
10699	10699	gaseous phase in the reservoir.
10700	10700	(2) "Land" and "interest in land" include minerals or
10701	10701	an interest in minerals in place.
10702	10702	(3) "Mineral development" includes exploration for,
10703	10703	whether by geophysical or other means, drilling for, mining for,
10704	10704	development of, operations in connection with, production of, and
10705	10705	saving of oil, other liquid hydrocarbons, gas, gaseous elements,
10706	10706	sulphur, metals, and all other minerals, whether solid or
10707	10707	otherwise.
10708	10708	(4) "Property" includes land, minerals in place,
10709	10709	whether solid, liquid, or gaseous, and an interest of any kind in
10710	10710	that property, including a royalty interest, owned by an estate.
10711	10711	(Tex. Prob. Code, Sec. 367(a); New.)
10712	10712	[Sections 358.002-358.050 reserved for expansion]
10713	10713	SUBCHAPTER B. MINERAL LEASES AFTER PUBLIC NOTICE
10714	10714	Sec. 358.051. AUTHORIZATION FOR LEASING OF MINERALS. (a)
10715	10715	The court in which probate proceedings on a decedent's estate are
10716	10716	pending may authorize the personal representative of the estate,
10717	10717	appointed and qualified under the laws of this state and acting
10718	10718	solely under court orders, to make, execute, and deliver a lease,
10719	10719	with or without a unitization clause or pooling provision,
10720	10720	providing for the exploration for and development and production of
10721	10721	oil, other liquid hydrocarbons, gas, metals and other solid
10722	10722	minerals, and other minerals, or any of those minerals in place,
10723	10723	belonging to the estate.
10724	10724	(b) A lease described by Subsection (a) must be made and
10725	10725	entered into under and in conformity with this subchapter. (Tex.
10726	10726	Prob. Code, Secs. 367(b), (c) (part).)
10727	10727	Sec. 358.052. LEASE APPLICATION. (a) The personal
10728	10728	representative of an estate shall file with the county clerk of the
10729	10729	county in which the probate proceeding is pending a written
10730	10730	application, addressed to the court or the judge of the court, for
10731	10731	authority to lease estate property for mineral exploration and
10732	10732	development, with or without a pooling provision or unitization
10733	10733	clause.
10734	10734	(b) The lease application must:
10735	10735	(1) describe the property fully by reference to the
10736	10736	amount of acreage, the survey name or number, or the abstract
10737	10737	number, or by another method adequately identifying the property
10738	10738	and the property's location in the county in which the property is
10739	10739	situated;
10740	10740	(2) specify the interest thought to be owned by the
10741	10741	estate, if less than the whole, but requesting authority to include
10742	10742	all of the interest owned by the estate, if that is the intention;
10743	10743	and
10744	10744	(3) set out the reasons the estate property described
10745	10745	in the application should be leased.
10746	10746	(c) The lease application is not required to set out or
10747	10747	suggest:
10748	10748	(1) the name of any proposed lessee; or
10749	10749	(2) the terms, provisions, or form of any desired
10750	10750	lease. (Tex. Prob. Code, Sec. 367(c) (part).)
10751	10751	Sec. 358.053. SCHEDULING OF HEARING ON APPLICATION;
10752	10752	CONTINUANCE. (a) Immediately after the filing of a lease
10753	10753	application under Section 358.052, the county clerk shall call the
10754	10754	filing of the application to the court's attention, and the judge
10755	10755	shall promptly make and enter a brief order designating the time and
10756	10756	place for hearing the application.
10757	10757	(b) If the hearing is not held at the time originally
10758	10758	designated by the court or by a timely continuance order entered,
10759	10759	the hearing shall be continued automatically without further notice
10760	10760	to the same time on the following day, other than Sundays and
10761	10761	holidays on which the county courthouse is officially closed, and
10762	10762	from day to day until the lease application is finally acted on and
10763	10763	disposed of by court order. Notice of an automatic continuance is
10764	10764	not required. (Tex. Prob. Code, Sec. 367(c) (part).)
10765	10765	Sec. 358.054. NOTICE OF HEARING ON APPLICATION. (a) At
10766	10766	least 10 days before the date set for the hearing on a lease
10767	10767	application filed under Section 358.052, excluding the date of
10768	10768	notice and the date set for the hearing, the personal
10769	10769	representative shall give notice of the hearing by:
10770	10770	(1) publishing the notice in one issue of a newspaper
10771	10771	of general circulation in the county in which the proceeding is
10772	10772	pending; or
10773	10773	(2) if there is no newspaper described by Subdivision
10774	10774	(1), posting the notice or having the notice posted.
10775	10775	(b) If notice is published, the date of notice is the date
10776	10776	printed on the newspaper.
10777	10777	(c) The notice must:
10778	10778	(1) be dated;
10779	10779	(2) be directed to all persons interested in the
10780	10780	estate;
10781	10781	(3) state the date on which the lease application was
10782	10782	filed;
10783	10783	(4) describe briefly the property sought to be leased,
10784	10784	specifying the fractional interest sought to be leased if less than
10785	10785	the entire interest in the tract or tracts identified; and
10786	10786	(5) state the time and place designated by the judge
10787	10787	for the hearing. (Tex. Prob. Code, Sec. 367(c) (part).)
10788	10788	Sec. 358.055. REQUIREMENTS REGARDING ORDER AND NOTICE
10789	10789	MANDATORY. An order of the judge or court authorizing any act to be
10790	10790	performed under a lease application filed under Section 358.052 is
10791	10791	void in the absence of:
10792	10792	(1) a written order originally designating a time and
10793	10793	place for hearing;
10794	10794	(2) a notice issued by the personal representative of
10795	10795	the estate in compliance with the order described by Subdivision
10796	10796	(1); and
10797	10797	(3) proof of the publication or posting of the notice
10798	10798	as required under Section 358.054. (Tex. Prob. Code, Sec. 367(c)
10799	10799	(part).)
10800	10800	Sec. 358.056. HEARING ON APPLICATION; ORDER. (a) At the
10801	10801	time and place designated for the hearing under Section 358.053(a),
10802	10802	or at the time to which the hearing is continued as provided by
10803	10803	Section 358.053(b), the judge shall:
10804	10804	(1) hear a lease application filed under Section
10805	10805	358.052; and
10806	10806	(2) require proof as to the necessity or advisability
10807	10807	of leasing for mineral development the property described in the
10808	10808	application and the notice.
10809	10809	(b) The judge shall enter an order authorizing one or more
10810	10810	leases affecting and covering the property or portions of property
10811	10811	described in the application, with or without pooling provisions or
10812	10812	unitization clauses, and with or without cash consideration if
10813	10813	considered by the court to be in the best interest of the estate, if
10814	10814	the judge is satisfied that:
10815	10815	(1) the application is in proper form;
10816	10816	(2) notice has been given in the manner and for the
10817	10817	time required by law;
10818	10818	(3) proof of necessity or advisability of leasing is
10819	10819	sufficient; and
10820	10820	(4) the application should be granted.
10821	10821	(c) The order must contain:
10822	10822	(1) the name of the lessee;
10823	10823	(2) any actual cash consideration to be paid by the
10824	10824	lessee;
10825	10825	(3) a finding that the requirements of Subsection (b)
10826	10826	have been satisfied; and
10827	10827	(4) one of the following findings:
10828	10828	(A) a finding that the personal representative is
10829	10829	exempted by law from giving bond; or
10830	10830	(B) if the representative is not exempted by law
10831	10831	from giving bond, a finding as to whether the representative's
10832	10832	general bond on file is sufficient to protect the personal property
10833	10833	on hand, including any cash bonus to be paid.
10834	10834	(d) If the court finds the general bond insufficient to meet
10835	10835	the requirements of Subsection (c)(4)(B), the order must show the
10836	10836	amount of increased or additional bond required to cover the
10837	10837	deficiency.
10838	10838	(e) A complete exhibit copy, either written or printed, of
10839	10839	each authorized lease must be set out in the order or attached to
10840	10840	the order and incorporated by reference and made part of the order.
10841	10841	The exhibit copy must show:
10842	10842	(1) the name of the lessee;
10843	10843	(2) the date of the lease;
10844	10844	(3) an adequate description of the property being
10845	10845	leased;
10846	10846	(4) any delay rental to be paid to defer commencement
10847	10847	of operations; and
10848	10848	(5) all other authorized terms and provisions.
10849	10849	(f) If the date of a lease does not appear in the exhibit
10850	10850	copy of the lease or in the order, the date of the order is
10851	10851	considered for all purposes to be the date of the lease.
10852	10852	(g) If the name or address of the depository bank for
10853	10853	receiving rental is not shown in the exhibit copy of a lease, the
10854	10854	estate's personal representative may insert that information, or
10855	10855	cause that information to be inserted, in the lease at the time of
10856	10856	the lease's execution or at any other time agreeable to the lessee
10857	10857	or the lessee's successors or assignees. (Tex. Prob. Code, Sec.
10858	10858	367(c) (part).)
10859	10859	Sec. 358.057. MAKING OF LEASE ON GRANTING OF APPLICATION.
10860	10860	(a) If the court grants an application as provided by Section
10861	10861	358.056, the personal representative of the estate may make the
10862	10862	lease or leases, as evidenced by the exhibit copies described by
10863	10863	Section 358.056, in accordance with the order.
10864	10864	(b) The lease or leases must be made not later than the 30th
10865	10865	day after the date of the order unless an extension is granted by
10866	10866	the court on sworn application showing good cause.
10867	10867	(c) It is not necessary for the judge to make an order
10868	10868	confirming the lease or leases. (Tex. Prob. Code, Sec. 367(c)
10869	10869	(part).)
10870	10870	Sec. 358.058. BOND REQUIREMENTS. (a) Unless the personal
10871	10871	representative of the estate is not required to give a general bond,
10872	10872	a lease for which a cash consideration is required, although
10873	10873	ordered, executed, and delivered, is not valid:
10874	10874	(1) unless the order authorizing the lease makes
10875	10875	findings with respect to the general bond; and
10876	10876	(2) if the general bond has been found insufficient,
10877	10877	unless and until:
10878	10878	(A) the bond has been increased or an additional
10879	10879	bond given, as required by the order, with the sureties required by
10880	10880	law; and
10881	10881	(B) the increased bond or additional bond has
10882	10882	been approved by the judge and filed with the clerk of the court in
10883	10883	which the proceedings are pending.
10884	10884	(b) If two or more leases of different land are authorized
10885	10885	by the same order, the general bond must be increased, or additional
10886	10886	bonds given, to cover all of the leases. (Tex. Prob. Code, Sec.
10887	10887	367(c) (part).)
10888	10888	Sec. 358.059. TERM OF LEASE BINDING. (a) A lease executed
10889	10889	and delivered in compliance with this subchapter is valid and
10890	10890	binding on the property or interest in property owned by the estate
10891	10891	and covered by the lease for the full term provided by the lease,
10892	10892	subject only to the lease's terms and conditions, even if the
10893	10893	primary term extends beyond the date the estate is closed in
10894	10894	accordance with law.
10895	10895	(b) The authorized primary term of the lease may not exceed
10896	10896	five years, subject to the lease terms and provisions extending the
10897	10897	lease beyond the primary term by:
10898	10898	(1) paying production;
10899	10899	(2) bona fide drilling or reworking operations,
10900	10900	whether in or on the same well or wells or an additional well or
10901	10901	wells, without a cessation of operations of more than 60
10902	10902	consecutive days before production has been restored or obtained;
10903	10903	or
10904	10904	(3) a shut-in gas well. (Tex. Prob. Code, Sec. 367(c)
10905	10905	(part).)
10906	10906	Sec. 358.060. AMENDMENT OF LEASE REGARDING EFFECT OF
10907	10907	SHUT-IN GAS WELL. (a) An oil, gas, and mineral lease executed by a
10908	10908	personal representative under the former Texas Probate Code or this
10909	10909	code may be amended by an instrument that provides that a shut-in
10910	10910	gas well on the land covered by the lease or on land pooled with all
10911	10911	or part of the land covered by the lease continues the lease in
10912	10912	effect after the lease's five-year primary term.
10913	10913	(b) The personal representative, with the approval of the
10914	10914	court, shall execute the instrument according to the terms and
10915	10915	conditions prescribed by the instrument. (Tex. Prob. Code, Sec.
10916	10916	367(c) (part).)
10917	10917	[Sections 358.061-358.100 reserved for expansion]
10918	10918	SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE
10919	10919	Sec. 358.101. AUTHORIZATION FOR LEASING OF MINERALS AT
10920	10920	PRIVATE SALE. (a) Notwithstanding the mandatory requirements of
10921	10921	Subchapter B for setting a time and place for hearing of a lease
10922	10922	application filed under Section 358.052 and the issuance, service,
10923	10923	and return of notice, the court may authorize the making of oil,
10924	10924	gas, and mineral leases at private sale without public notice or
10925	10925	advertising if, in the court's opinion, facts are set out in the
10926	10926	application required by Subchapter B sufficient to show that it
10927	10927	would be more advantageous to the estate that a lease be made
10928	10928	privately and without compliance with those mandatory
10929	10929	requirements.
10930	10930	(b) Leases authorized by this section may include pooling
10931	10931	provisions or unitization clauses as in other cases. (Tex. Prob.
10932	10932	Code, Sec. 368(a).)
10933	10933	Sec. 358.102. ACTION OF COURT IF PUBLIC ADVERTISING NOT
10934	10934	REQUIRED. (a) At any time after the fifth day and before the 11th
10935	10935	day after the filing date of an application to lease at private sale
10936	10936	and without an order setting the hearing time and place, the court
10937	10937	shall:
10938	10938	(1) hear the application;
10939	10939	(2) inquire into the manner in which the proposed
10940	10940	lease has been or will be made; and
10941	10941	(3) hear evidence for or against the application.
10942	10942	(b) If satisfied that the lease has been or will be made for
10943	10943	a fair and sufficient consideration and on fair terms and has been
10944	10944	or will be properly made in conformity with law, the court shall
10945	10945	enter an order authorizing the execution of the lease without the
10946	10946	necessity of advertising, notice, or citation. The order must
10947	10947	comply in all other respects with the requirements essential to the
10948	10948	validity of mineral leases as set out in Subchapter B, as if
10949	10949	advertising or notice were required.
10950	10950	(c) The issuance of an order confirming a lease or leases
10951	10951	made at private sale is not required, but such a lease is not valid
10952	10952	until any increased or additional bond required by the court has
10953	10953	been approved by the court and filed with the court clerk. (Tex.
10954	10954	Prob. Code, Sec. 368(b).)
10955	10955	[Sections 358.103-358.150 reserved for expansion]
10956	10956	SUBCHAPTER D. POOLING OR UNITIZATION OF ROYALTIES OR MINERALS
10957	10957	Sec. 358.151. AUTHORIZATION FOR POOLING OR UNITIZATION.
10958	10958	(a) If an existing lease or leases on property owned by an estate
10959	10959	being administered do not adequately provide for pooling or
10960	10960	unitization, the court in which the proceedings are pending may, in
10961	10961	the manner provided by this subchapter, authorize the commitment of
10962	10962	royalty or mineral interests in oil, liquid hydrocarbons, gas,
10963	10963	gaseous elements, and other minerals, or any one or more of them,
10964	10964	owned by the estate, to agreements that provide for the operation of
10965	10965	areas as a pool or unit for the exploration for, development of, and
10966	10966	production of all of those minerals, if the court finds that:
10967	10967	(1) the pool or unit to which the agreement relates
10968	10968	will be operated in a manner that protects correlative rights or
10969	10969	prevents the physical or economic waste of oil, liquid
10970	10970	hydrocarbons, gas, gaseous elements, or other minerals subject to
10971	10971	the agreement; and
10972	10972	(2) it is in the best interest of the estate to execute
10973	10973	the agreement.
10974	10974	(b) An agreement authorized under Subsection (a) may, among
10975	10975	other things, provide that:
10976	10976	(1) operations incident to the drilling of or
10977	10977	production from a well on any portion of a pool or unit shall be
10978	10978	considered for all purposes to be the conduct of operations on or
10979	10979	production from each separately owned tract in the pool or unit;
10980	10980	(2) any lease covering any part of the area committed
10981	10981	to a pool or unit continues in effect in its entirety as long as:
10982	10982	(A) oil, gas, or other minerals subject to the
10983	10983	agreement are produced in paying quantities from any part of the
10984	10984	pooled or unitized area;
10985	10985	(B) operations are conducted as provided in the
10986	10986	lease on any part of the pooled or unitized area; or
10987	10987	(C) there is a shut-in gas well on any part of the
10988	10988	pooled or unitized area, if the presence of the shut-in gas well is
10989	10989	a ground for continuation of the lease under the terms of the lease;
10990	10990	(3) the production allocated by the agreement to each
10991	10991	tract included in a pool or unit shall, when produced, be considered
10992	10992	for all purposes to have been produced from the tract by a well
10993	10993	drilled on the tract;
10994	10994	(4) the royalties provided for on production from any
10995	10995	tract or portion of a tract within the pool or unit shall be paid
10996	10996	only on that portion of the production allocated to the tract in
10997	10997	accordance with the agreement;
10998	10998	(5) the dry gas, before or after extraction of
10999	10999	hydrocarbons, may be returned to a formation underlying any land or
11000	11000	leases committed to the agreement, and that royalties are not
11001	11001	required to be paid on the gas returned; and
11002	11002	(6) gas obtained from other sources or other land may
11003	11003	be injected into a formation underlying any land or leases
11004	11004	committed to the agreement, and that royalties are not required to
11005	11005	be paid on the gas injected when the gas is produced from the unit.
11006	11006	(Tex. Prob. Code, Secs. 369(a), (b) (part).)
11007	11007	Sec. 358.152. POOLING OR UNITIZATION APPLICATION. (a) The
11008	11008	personal representative of an estate shall file with the county
11009	11009	clerk of the county in which the probate proceeding is pending a
11010	11010	written application for authority to:
11011	11011	(1) enter into pooling or unitization agreements
11012	11012	supplementing, amending, or otherwise relating to any existing
11013	11013	lease or leases covering property owned by the estate; or
11014	11014	(2) commit royalties or other interests in minerals,
11015	11015	whether or not subject to a lease, to a pooling or unitization
11016	11016	agreement.
11017	11017	(b) The pooling or unitization application must also:
11018	11018	(1) sufficiently describe the property as required in
11019	11019	an original lease application;
11020	11020	(2) describe briefly any lease or leases to which the
11021	11021	interest of the estate is subject; and
11022	11022	(3) set out the reasons the proposed agreement
11023	11023	concerning the property should be entered into.
11024	11024	(c) A copy of the proposed agreement must be attached to the
11025	11025	application and made a part of the application by reference.
11026	11026	(d) The agreement may not be recorded in the minutes.
11027	11027	(e) Immediately after the pooling or unitization
11028	11028	application is filed, the clerk shall call the application to the
11029	11029	judge's attention. (Tex. Prob. Code, Sec. 369(b) (part).)
11030	11030	Sec. 358.153. NOTICE NOT REQUIRED. Notice by advertising,
11031	11031	citation, or otherwise of the filing of a pooling or unitization
11032	11032	application under Section 358.152 is not required. (Tex. Prob.
11033	11033	Code, Sec. 369(b) (part).)
11034	11034	Sec. 358.154. HEARING ON APPLICATION. (a) The judge may
11035	11035	hold a hearing on a pooling or unitization application filed under
11036	11036	Section 358.152 at any time agreeable to the parties to the proposed
11037	11037	agreement.
11038	11038	(b) The judge shall hear evidence and determine to the
11039	11039	judge's satisfaction whether it is in the best interest of the
11040	11040	estate that the proposed agreement be authorized.
11041	11041	(c) The hearing may be continued from day to day and from
11042	11042	time to time as the court finds necessary. (Tex. Prob. Code, Sec.
11043	11043	369(b) (part).)
11044	11044	Sec. 358.155. ACTION OF COURT AND CONTENTS OF ORDER. (a)
11045	11045	The court shall enter an order setting out the court's findings and
11046	11046	authorizing execution of the proposed pooling or unitization
11047	11047	agreement, with or without payment of cash consideration according
11048	11048	to the agreement, if the court finds that:
11049	11049	(1) the pool or unit to which the agreement relates
11050	11050	will be operated in a manner that protects correlative rights or
11051	11051	prevents the physical or economic waste of oil, liquid
11052	11052	hydrocarbons, gas, gaseous elements, or other minerals subject to
11053	11053	the agreement;
11054	11054	(2) it is in the best interest of the estate that the
11055	11055	agreement be executed; and
11056	11056	(3) the agreement conforms substantially with the
11057	11057	permissible provisions of Section 358.151.
11058	11058	(b) If cash consideration is to be paid for the agreement,
11059	11059	the court shall also make findings as to the necessity of increased
11060	11060	or additional bond, as in the making of leases on payment of the
11061	11061	cash bonus for the lease. Such an agreement is not valid until any
11062	11062	required increased or additional bond has been approved by the
11063	11063	judge and filed with the clerk.
11064	11064	(c) If the effective date of the agreement is not stipulated
11065	11065	in the agreement, the effective date of the agreement is the date of
11066	11066	the court's order. (Tex. Prob. Code, Sec. 369(b) (part).)
11067	11067	[Sections 358.156-358.200 reserved for expansion]
11068	11068	SUBCHAPTER E. SPECIAL ANCILLARY INSTRUMENTS THAT MAY BE EXECUTED
11069	11069	WITHOUT COURT ORDER
11070	11070	Sec. 358.201. AUTHORIZATION FOR EXECUTION OF AGREEMENTS.
11071	11071	As to any mineral lease or pooling or unitization agreement,
11072	11072	executed on behalf of an estate before January 1, 1956, or on or
11073	11073	after that date under the provisions of the former Texas Probate
11074	11074	Code or this code, or executed by a former owner of land, minerals,
11075	11075	or royalty affected by the lease or agreement, the personal
11076	11076	representative of the estate being administered may, without
11077	11077	further court order and without consideration, execute:
11078	11078	(1) division orders;
11079	11079	(2) transfer orders;
11080	11080	(3) instruments of correction;
11081	11081	(4) instruments designating depository banks for the
11082	11082	receipt of delay rentals or shut-in gas well royalty to accrue or
11083	11083	become payable under the terms of the lease; and
11084	11084	(5) similar instruments relating to the lease or
11085	11085	agreement and the property covered by the lease or agreement. (Tex.
11086	11086	Prob. Code, Sec. 370.)
11087	11087	[Sections 358.202-358.250 reserved for expansion]
11088	11088	SUBCHAPTER F. PROCEDURE IF PERSONAL REPRESENTATIVE OF ESTATE
11089	11089	NEGLECTS TO APPLY FOR AUTHORITY
11090	11090	Sec. 358.251. APPLICATION TO SHOW CAUSE. If the personal
11091	11091	representative of an estate neglects to apply for authority to
11092	11092	subject estate property to a lease for mineral development,
11093	11093	pooling, or unitization, or to commit royalty or another interest
11094	11094	in minerals to pooling or unitization, any person interested in the
11095	11095	estate may, on written application filed with the county clerk,
11096	11096	have the representative cited to show cause why it is not in the
11097	11097	best interest of the estate to make such a lease or enter into such
11098	11098	an agreement. (Tex. Prob. Code, Sec. 371 (part).)
11099	11099	Sec. 358.252. HEARING ON APPLICATION. (a) The county clerk
11100	11100	shall immediately call the filing of an application under Section
11101	11101	358.251 to the attention of the judge of the court in which the
11102	11102	probate proceedings are pending.
11103	11103	(b) The judge shall set a time and place for a hearing on the
11104	11104	application, and the personal representative of the estate shall be
11105	11105	cited to appear and show cause why the execution of a lease or
11106	11106	agreement described by Section 358.251 should not be ordered.
11107	11107	(Tex. Prob. Code, Sec. 371 (part).)
11108	11108	Sec. 358.253. ORDER. On a hearing conducted under Section
11109	11109	358.252, if satisfied from the evidence that it would be in the best
11110	11110	interest of the estate, the court shall enter an order requiring the
11111	11111	personal representative promptly to file an application to subject
11112	11112	the estate property to a lease for mineral development, with or
11113	11113	without pooling or unitization provisions, or to commit royalty or
11114	11114	other minerals to pooling or unitization, as appropriate. (Tex.
11115	11115	Prob. Code, Sec. 371 (part).)
11116	11116	Sec. 358.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF
11117	11117	ORDER. After entry of an order under Section 358.253, the procedure
11118	11118	prescribed with respect to an original lease application, or with
11119	11119	respect to an original application for authority to commit royalty
11120	11120	or minerals to pooling or unitization, whichever is appropriate,
11121	11121	shall be followed. (Tex. Prob. Code, Sec. 371 (part).)
11122	11122	CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
11123	11123	SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS
11124	11124	Sec. 359.001. ACCOUNT OF ESTATE REQUIRED
11125	11125	Sec. 359.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE
11126	11126	CLOSED
11127	11127	Sec. 359.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS
11128	11128	ATTACHED TO ACCOUNT
11129	11129	Sec. 359.004. METHOD OF PROOF FOR SECURITIES AND OTHER
11130	11130	ASSETS
11131	11131	Sec. 359.005. VERIFICATION OF ACCOUNT
11132	11132	Sec. 359.006. ADDITIONAL ACCOUNTS
11133	11133	[Sections 359.007-359.050 reserved for expansion]
11134	11134	SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
11135	11135	Sec. 359.051. FILING AND CONSIDERATION OF ANNUAL
11136	11136	ACCOUNT
11137	11137	Sec. 359.052. CORRECTION OF ANNUAL ACCOUNT
11138	11138	Sec. 359.053. ORDER FOR PAYMENT OF CLAIMS IN FULL
11139	11139	Sec. 359.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS
11140	11140	[Sections 359.055-359.100 reserved for expansion]
11141	11141	SUBCHAPTER C. PENALTIES
11142	11142	Sec. 359.101. PENALTY FOR FAILURE TO FILE ANNUAL
11143	11143	ACCOUNT
11144	11144	Sec. 359.102. PENALTY FOR FAILURE TO FILE EXHIBIT OR
11145	11145	REPORT
11146	11146	CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
11147	11147	SUBCHAPTER A. ANNUAL ACCOUNT AND OTHER EXHIBITS
11148	11148	Sec. 359.001. ACCOUNT OF ESTATE REQUIRED. (a) On the
11149	11149	expiration of 12 months from the date a personal representative
11150	11150	qualifies and receives letters testamentary or of administration to
11151	11151	administer a decedent's estate under court order, the
11152	11152	representative shall file with the court an account consisting of a
11153	11153	written exhibit made under oath that lists all claims against the
11154	11154	estate presented to the representative during the period covered by
11155	11155	the account. The exhibit must specify:
11156	11156	(1) the claims allowed by the representative;
11157	11157	(2) the claims paid by the representative;
11158	11158	(3) the claims rejected by the representative and the
11159	11159	date the claims were rejected; and
11160	11160	(4) the claims for which a lawsuit has been filed and
11161	11161	the status of that lawsuit.
11162	11162	(b) The account must:
11163	11163	(1) show all property that has come to the personal
11164	11164	representative's knowledge or into the representative's possession
11165	11165	that was not previously listed or inventoried as estate property;
11166	11166	(2) show any changes in estate property that have not
11167	11167	been previously reported;
11168	11168	(3) provide a complete account of receipts and
11169	11169	disbursements for the period covered by the account, including the
11170	11170	source and nature of the receipts and disbursements, with separate
11171	11171	listings for principal and income receipts;
11172	11172	(4) provide a complete, accurate, and detailed
11173	11173	description of:
11174	11174	(A) the property being administered;
11175	11175	(B) the condition of the property and the use
11176	11176	being made of the property; and
11177	11177	(C) if rented, the terms on which and the price
11178	11178	for which the property was rented;
11179	11179	(5) show the cash balance on hand and the name and
11180	11180	location of the depository where the balance is kept;
11181	11181	(6) show any other cash held in a savings account or
11182	11182	other manner that was deposited subject to court order and the name
11183	11183	and location of the depository for that cash;
11184	11184	(7) provide a detailed description of the personal
11185	11185	property of the estate that shows how and where the property is held
11186	11186	for safekeeping;
11187	11187	(8) provide a statement that during the period covered
11188	11188	by the account all tax returns due have been filed and all taxes due
11189	11189	and owing have been paid, including:
11190	11190	(A) a complete account of the amount of the
11191	11191	taxes;
11192	11192	(B) the date the taxes were paid; and
11193	11193	(C) the governmental entity to which the taxes
11194	11194	were paid;
11195	11195	(9) if on the filing of the account a tax return due to
11196	11196	be filed or any taxes due to be paid are delinquent, provide the
11197	11197	reasons for, and include a description of, the delinquency; and
11198	11198	(10) provide a statement that the representative has
11199	11199	paid all the required bond premiums for the accounting period.
11200	11200	(c) For bonds, notes, and other securities, the description
11201	11201	required by Subsection (b)(7) must include:
11202	11202	(1) the names of the obligor and obligee or, if payable
11203	11203	to bearer, a statement that the bond, note, or other security is
11204	11204	payable to bearer;
11205	11205	(2) the date of issue and maturity;
11206	11206	(3) the interest rate;
11207	11207	(4) the serial number or other identifying numbers;
11208	11208	(5) the manner in which the property is secured; and
11209	11209	(6) other information necessary to fully identify the
11210	11210	bond, note, or other security. (Tex. Prob. Code, Sec. 399(a).)
11211	11211	Sec. 359.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.
11212	11212	(a) Each personal representative of the estate of a decedent shall
11213	11213	continue to file an annual account conforming to the essential
11214	11214	requirements of Section 359.001 regarding changes in the estate
11215	11215	assets occurring since the date the most recent previous account
11216	11216	was filed.
11217	11217	(b) The annual account must be filed in a manner that allows
11218	11218	the court or an interested person to ascertain the true condition of
11219	11219	the estate, with respect to money, securities, and other property,
11220	11220	by adding to the balances forwarded from the most recent previous
11221	11221	account the amounts received during the period covered by the
11222	11222	account and subtracting the disbursements made during that period.
11223	11223	(c) The description of property sufficiently described in
11224	11224	an inventory or previous account may be made in the annual account
11225	11225	by reference to that description. (Tex. Prob. Code, Sec. 399(b).)
11226	11226	Sec. 359.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS
11227	11227	ATTACHED TO ACCOUNT. (a) The personal representative of an estate
11228	11228	shall attach to each annual account:
11229	11229	(1) a voucher for each item of credit claimed in the
11230	11230	account or, to support the item in the absence of the voucher, other
11231	11231	evidence satisfactory to the court;
11232	11232	(2) an official letter from the bank or other
11233	11233	depository where the estate money on hand is deposited that shows
11234	11234	the amounts in general or special deposits; and
11235	11235	(3) proof of the existence and possession of:
11236	11236	(A) securities owned by the estate or shown by
11237	11237	the account; and
11238	11238	(B) other assets held by a depository subject to
11239	11239	court order.
11240	11240	(b) An original voucher submitted to the court may on
11241	11241	application be returned to the personal representative after
11242	11242	approval of the account.
11243	11243	(c) The court may require:
11244	11244	(1) additional evidence of the existence and custody
11245	11245	of the securities and other personal property as the court
11246	11246	considers proper; and
11247	11247	(2) the personal representative at any time to exhibit
11248	11248	the securities and other personal property to the court or another
11249	11249	person designated by the court at the place where the securities and
11250	11250	other personal property are held for safekeeping. (Tex. Prob.
11251	11251	Code, Sec. 399(c) (part).)
11252	11252	Sec. 359.004. METHOD OF PROOF FOR SECURITIES AND OTHER
11253	11253	ASSETS. (a) The proof required by Section 359.003(a)(3) must be by:
11254	11254	(1) an official letter from the bank or other
11255	11255	depository where the securities or other assets are held for
11256	11256	safekeeping, and if the depository is the personal representative,
11257	11257	the official letter must be signed by a representative of the
11258	11258	depository other than the one verifying the account;
11259	11259	(2) a certificate of an authorized representative of a
11260	11260	corporation that is surety on the personal representative's bonds;
11261	11261	(3) a certificate of the clerk or a deputy clerk of a
11262	11262	court of record in this state; or
11263	11263	(4) an affidavit of any other reputable person
11264	11264	designated by the court on request of the personal representative
11265	11265	or other interested party.
11266	11266	(b) The certificate or affidavit described by Subsection
11267	11267	(a) must:
11268	11268	(1) state that the affiant has examined the assets
11269	11269	that the personal representative exhibited to the affiant as assets
11270	11270	of the estate;
11271	11271	(2) describe the assets by reference to the account or
11272	11272	in another manner that sufficiently identifies the assets
11273	11273	exhibited; and
11274	11274	(3) state the time and the place the assets were
11275	11275	exhibited.
11276	11276	(c) Instead of attaching a certificate or an affidavit, the
11277	11277	personal representative may exhibit the securities to the judge,
11278	11278	who shall endorse on the account, or include in the judge's order
11279	11279	with respect to the account, a statement that the securities shown
11280	11280	in the account as on hand were exhibited to the judge and that the
11281	11281	securities were the same as those shown in the account, or note any
11282	11282	variance.
11283	11283	(d) If the securities are exhibited at a location other than
11284	11284	where the securities are deposited for safekeeping, that exhibit is
11285	11285	at the personal representative's own expense and risk. (Tex. Prob.
11286	11286	Code, Sec. 399(c) (part).)
11287	11287	Sec. 359.005. VERIFICATION OF ACCOUNT. The personal
11288	11288	representative shall attach to the annual account the
11289	11289	representative's affidavit that the account contains a correct and
11290	11290	complete statement of the matters to which it relates. (Tex. Prob.
11291	11291	Code, Sec. 399(d).)
11292	11292	Sec. 359.006. ADDITIONAL ACCOUNTS. (a) At any time after
11293	11293	the expiration of 15 months from the date original letters
11294	11294	testamentary or of administration are granted to an executor or
11295	11295	administrator, an interested person may file a written complaint in
11296	11296	the court in which the estate is pending to have the representative
11297	11297	cited to appear and make a written exhibit under oath that sets
11298	11298	forth fully, in connection with previous exhibits, the condition of
11299	11299	the estate.
11300	11300	(b) If it appears to the court, from the exhibit or other
11301	11301	evidence, that the executor or administrator has estate funds in
11302	11302	the representative's possession that are subject to distribution
11303	11303	among the creditors of the estate, the court shall order the funds
11304	11304	to be paid out to the creditors in accordance with this title.
11305	11305	(c) A personal representative may voluntarily present to
11306	11306	the court the exhibit described by Subsection (a). If the
11307	11307	representative has any estate funds in the representative's
11308	11308	possession that are subject to distribution among the creditors of
11309	11309	the estate, the court shall issue an order similar to the order
11310	11310	entered under Subsection (b). (Tex. Prob. Code, Sec. 402.)
11311	11311	[Sections 359.007-359.050 reserved for expansion]
11312	11312	SUBCHAPTER B. ACTION ON ANNUAL ACCOUNT
11313	11313	Sec. 359.051. FILING AND CONSIDERATION OF ANNUAL ACCOUNT.
11314	11314	(a) The personal representative of an estate shall file an annual
11315	11315	account with the county clerk. The county clerk shall promptly note
11316	11316	the filing on the judge's docket.
11317	11317	(b) At any time after the account has remained on file for 10
11318	11318	days following the date the account is filed, the judge shall
11319	11319	consider the account and may continue the hearing on the account
11320	11320	until fully advised on all account items.
11321	11321	(c) The court may not approve the account unless possession
11322	11322	of cash, listed securities, or other assets held in safekeeping or
11323	11323	on deposit under court order has been proven as required by law.
11324	11324	(Tex. Prob. Code, Secs. 401(a), (b), (c), (d).)
11325	11325	Sec. 359.052. CORRECTION OF ANNUAL ACCOUNT. (a) If the
11326	11326	court finds an annual account is incorrect, the account must be
11327	11327	corrected.
11328	11328	(b) The court by order shall approve an annual account that
11329	11329	is corrected to the satisfaction of the court and shall act with
11330	11330	respect to unpaid claims in accordance with Sections 359.053 and
11331	11331	359.054. (Tex. Prob. Code, Sec. 401(e) (part).)
11332	11332	Sec. 359.053. ORDER FOR PAYMENT OF CLAIMS IN FULL. After
11333	11333	approval of an annual account as provided by Section 359.052, if it
11334	11334	appears to the court from the exhibit or other evidence that the
11335	11335	estate is wholly solvent and that the personal representative has
11336	11336	in the representative's possession sufficient funds to pay every
11337	11337	character of claims against the estate, the court shall order
11338	11338	immediate payment of all claims allowed and approved or established
11339	11339	by judgment. (Tex. Prob. Code, Sec. 401(e) (part).)
11340	11340	Sec. 359.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS. After
11341	11341	approval of an annual account as provided by Section 359.052, if it
11342	11342	appears to the court from the account or other evidence that the
11343	11343	funds on hand are not sufficient to pay every character of claims
11344	11344	against the estate or if the estate is insolvent and the personal
11345	11345	representative has any funds on hand, the court shall order the
11346	11346	funds to be applied:
11347	11347	(1) first to the payment of any unpaid claims having a
11348	11348	preference in the order of their priority; and
11349	11349	(2) then to the pro rata payment of the other claims
11350	11350	allowed and approved or established by final judgment, considering:
11351	11351	(A) claims that were presented before the first
11352	11352	anniversary of the date administration was granted; and
11353	11353	(B) claims that are in litigation or on which a
11354	11354	lawsuit may be filed. (Tex. Prob. Code, Sec. 401(e) (part).)
11355	11355	[Sections 359.055-359.100 reserved for expansion]
11356	11356	SUBCHAPTER C. PENALTIES
11357	11357	Sec. 359.101. PENALTY FOR FAILURE TO FILE ANNUAL ACCOUNT.
11358	11358	(a) If the personal representative of an estate does not file an
11359	11359	annual account required by Section 359.001 or 359.002, any person
11360	11360	interested in the estate on written complaint, or the court on the
11361	11361	court's own motion, may have the representative cited to file the
11362	11362	account and show cause for the failure.
11363	11363	(b) If the personal representative does not file the account
11364	11364	after being cited or does not show good cause for the failure, the
11365	11365	court on hearing may:
11366	11366	(1) revoke the representative's letters testamentary
11367	11367	or of administration; and
11368	11368	(2) fine the representative in an amount not to exceed
11369	11369	$500.
11370	11370	(c) The personal representative and the representative's
11371	11371	sureties are liable for any fine imposed and for all damages and
11372	11372	costs sustained by the representative's failure. The fine,
11373	11373	damages, and costs may be recovered in any court of competent
11374	11374	jurisdiction. (Tex. Prob. Code, Sec. 400.)
11375	11375	Sec. 359.102. PENALTY FOR FAILURE TO FILE EXHIBIT OR
11376	11376	REPORT. (a) If a personal representative does not file an exhibit
11377	11377	or report required by this title, any person interested in the
11378	11378	estate on written complaint filed with the court clerk may have the
11379	11379	representative cited to appear and show cause why the
11380	11380	representative should not file the exhibit or report.
11381	11381	(b) On hearing, the court may:
11382	11382	(1) order the personal representative to file the
11383	11383	exhibit or report; and
11384	11384	(2) unless good cause is shown for the failure, revoke
11385	11385	the representative's letters testamentary or of administration and
11386	11386	fine the representative in an amount not to exceed $1,000. (Tex.
11387	11387	Prob. Code, Sec. 403.)
11388	11388	CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
11389	11389	SUBCHAPTER A. APPLICATION FOR PARTITION AND DISTRIBUTION
11390	11390	Sec. 360.001. GENERAL APPLICATION
11391	11391	Sec. 360.002. APPLICATION FOR PARTIAL DISTRIBUTION
11392	11392	[Sections 360.003-360.050 reserved for expansion]
11393	11393	SUBCHAPTER B. CITATION
11394	11394	Sec. 360.051. CITATION OF INTERESTED PERSONS
11395	11395	Sec. 360.052. CITATION OF EXECUTOR OR ADMINISTRATOR
11396	11396	[Sections 360.053-360.100 reserved for expansion]
11397	11397	SUBCHAPTER C. PROCEEDINGS; EXPENSES
11398	11398	Sec. 360.101. HEARING ON APPLICATION
11399	11399	Sec. 360.102. COURT DECREE
11400	11400	Sec. 360.103. EXPENSES OF PARTITION
11401	11401	[Sections 360.104-360.150 reserved for expansion]
11402	11402	SUBCHAPTER D. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS
11403	11403	CAPABLE OF DIVISION
11404	11404	Sec. 360.151. APPOINTMENT OF COMMISSIONERS
11405	11405	Sec. 360.152. WRIT OF PARTITION
11406	11406	Sec. 360.153. PARTITION BY COMMISSIONERS
11407	11407	Sec. 360.154. COMMISSIONERS' REPORT
11408	11408	Sec. 360.155. COURT ACTION ON COMMISSIONERS' REPORT
11409	11409	Sec. 360.156. DELIVERY OF PROPERTY
11410	11410	Sec. 360.157. COMMISSIONERS' FEES
11411	11411	[Sections 360.158-360.200 reserved for expansion]
11412	11412	SUBCHAPTER E. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS INCAPABLE OF DIVISION
11413	11413	INCAPABLE OF DIVISION
11414	11414	Sec. 360.201. COURT FINDING
11415	11415	Sec. 360.202. SALE OF ESTATE PROPERTY
11416	11416	Sec. 360.203. APPLICABILITY OF PROVISIONS RELATING TO
11417	11417	SALE OF REAL ESTATE
11418	11418	[Sections 360.204-360.250 reserved for expansion]
11419	11419	SUBCHAPTER F. CERTAIN TYPES OF ESTATE PROPERTY
11420	11420	Sec. 360.251. ESTATE CONSISTING ONLY OF MONEY OR DEBTS
11421	11421	Sec. 360.252. ESTATE PROPERTY LOCATED IN ANOTHER
11422	11422	COUNTY
11423	11423	Sec. 360.253. COMMUNITY PROPERTY
11424	11424	Sec. 360.254. JOINTLY OWNED PROPERTY
11425	11425	[Sections 360.255-360.300 reserved for expansion]
11426	11426	SUBCHAPTER G. ENFORCEMENT
11427	11427	Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE
11428	11428	PROPERTY
11429	11429	CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
11430	11430	SUBCHAPTER A. APPLICATION FOR PARTITION AND DISTRIBUTION
11431	11431	Sec. 360.001. GENERAL APPLICATION. (a) At any time after
11432	11432	the first anniversary of the date original letters testamentary or
11433	11433	of administration are granted, an executor, administrator, heir, or
11434	11434	devisee of a decedent's estate, by written application filed in the
11435	11435	court in which the estate is pending, may request the partition and
11436	11436	distribution of the estate.
11437	11437	(b) An application under Subsection (a) must state:
11438	11438	(1) the decedent's name;
11439	11439	(2) the name and residence of each person entitled to a
11440	11440	share of the estate and whether the person is an adult or a minor;
11441	11441	(3) if the applicant does not know a fact required by
11442	11442	Subdivision (2); and
11443	11443	(4) the reasons why the estate should be partitioned
11444	11444	and distributed. (Tex. Prob. Code, Secs. 373(a), (b).)
11445	11445	Sec. 360.002. APPLICATION FOR PARTIAL DISTRIBUTION. (a)
11446	11446	At any time after original letters testamentary or of
11447	11447	administration are granted and the inventory, appraisement, and
11448	11448	list of claims are filed and approved, an executor, administrator,
11449	11449	heir, or devisee of a decedent's estate, by written application
11450	11450	filed in the court in which the estate is pending, may request a
11451	11451	distribution of any portion of the estate.
11452	11452	(b) All interested parties, including known creditors, must
11453	11453	be personally cited as in other distributions.
11454	11454	(c) Except as provided by Subsection (d), the court, on
11455	11455	proper citation and hearing, may distribute any portion of the
11456	11456	estate the court considers advisable.
11457	11457	(d) If a distribution is to be made to one or more heirs or
11458	11458	devisees, but not to all heirs or devisees, the court shall require
11459	11459	a refunding bond in an amount determined by the court to be filed
11460	11460	with the court, unless a written waiver of the bond requirement is
11461	11461	filed with the court by all interested parties. On approving the
11462	11462	bond, if required, the court shall order the distribution of the
11463	11463	relevant portion of the estate.
11464	11464	(e) This section applies to corpus as well as income,
11465	11465	notwithstanding any other provision of this title. (Tex. Prob.
11466	11466	Code, Sec. 373(c).)
11467	11467	[Sections 360.003-360.050 reserved for expansion]
11468	11468	SUBCHAPTER B. CITATION
11469	11469	Sec. 360.051. CITATION OF INTERESTED PERSONS. (a) On the
11470	11470	filing of the application, the clerk shall issue a citation that:
11471	11471	(1) states:
11472	11472	(A) the decedent's name; and
11473	11473	(B) the date the court will hear the application;
11474	11474	and
11475	11475	(2) requires all persons interested in the estate to
11476	11476	appear and show cause why the estate should not be partitioned and
11477	11477	distributed.
11478	11478	(b) A citation under this section must be:
11479	11479	(1) personally served on each person residing in the
11480	11480	state who is entitled to a share of the estate and whose address is
11481	11481	known; and
11482	11482	(2) served by publication on any person entitled to a
11483	11483	share of the estate:
11484	11484	(A) whose identity or address is not known;
11485	11485	(B) who is not a resident of this state; or
11486	11486	(C) who is a resident of this state but is absent
11487	11487	from this state. (Tex. Prob. Code, Sec. 374.)
11488	11488	Sec. 360.052. CITATION OF EXECUTOR OR ADMINISTRATOR. When
11489	11489	a person other than the executor or administrator applies for
11490	11490	partition and distribution, the executor or administrator must also
11491	11491	be cited to appear and answer the application and file in court a
11492	11492	verified exhibit and account of the condition of the estate, as in
11493	11493	the case of a final settlement. (Tex. Prob. Code, Sec. 375.)
11494	11494	[Sections 360.053-360.100 reserved for expansion]
11495	11495	SUBCHAPTER C. PROCEEDINGS; EXPENSES
11496	11496	Sec. 360.101. HEARING ON APPLICATION. (a) At the hearing
11497	11497	on an application for partition and distribution, the court shall
11498	11498	determine:
11499	11499	(1) the residue of the estate that is subject to
11500	11500	partition and distribution;
11501	11501	(2) the persons entitled by law to partition and
11502	11502	distribution and those persons' respective shares; and
11503	11503	(3) whether an advancement has been made to any of the
11504	11504	persons described by Subdivision (2), and if so, the nature and
11505	11505	value of the advancement.
11506	11506	(b) For purposes of Subsection (a)(1), the residue of the
11507	11507	estate is determined by deducting from the entire assets of the
11508	11508	estate remaining on hand:
11509	11509	(1) the amount of all debts and expenses that:
11510	11510	(A) have been approved or established by judgment
11511	11511	but not paid; or
11512	11512	(B) may be established by judgment in the future;
11513	11513	and
11514	11514	(2) the probable future expenses of administration.
11515	11515	(c) If an advancement described by Subsection (a)(3) has
11516	11516	been made, the court shall require the advancement to be placed in
11517	11517	hotchpotch as required by the law governing intestate succession.
11518	11518	(Tex. Prob. Code, Sec. 377.)
11519	11519	Sec. 360.102. COURT DECREE. If the court determines that
11520	11520	the estate should be partitioned and distributed, the court shall
11521	11521	enter a decree stating:
11522	11522	(1) the name and address, if known, of each person
11523	11523	entitled to a share of the estate, specifying:
11524	11524	(A) which of those persons are known to be
11525	11525	minors;
11526	11526	(B) the name of the minors' guardian or guardian
11527	11527	ad litem; and
11528	11528	(C) the name of the attorney appointed to
11529	11529	represent those persons who are unknown or who are not residents of
11530	11530	this state;
11531	11531	(2) the proportional part of the estate to which each
11532	11532	person is entitled;
11533	11533	(3) a full description of all the estate to be
11534	11534	distributed; and
11535	11535	(4) that the executor or administrator must retain
11536	11536	possession of a sufficient amount of money or property to pay all
11537	11537	debts, taxes, and expenses of administration and specifying the
11538	11538	amount of money or the property to be retained. (Tex. Prob. Code,
11539	11539	Sec. 378.)
11540	11540	Sec. 360.103. EXPENSES OF PARTITION. (a) The distributees
11541	11541	shall pay the expense of the estate's partition pro rata.
11542	11542	(b) The portion of the estate allotted to a distributee is
11543	11543	liable for the distributee's portion of the partition expense, and,
11544	11544	if not paid, the court may order execution for the expense in the
11545	11545	names of the persons entitled to payment of the expense. (Tex.
11546	11546	Prob. Code, Sec. 387.)
11547	11547	[Sections 360.104-360.150 reserved for expansion]
11548	11548	SUBCHAPTER D. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS
11549	11549	CAPABLE OF DIVISION
11550	11550	Sec. 360.151. APPOINTMENT OF COMMISSIONERS. If the estate
11551	11551	does not consist entirely of money or debts due to the estate and
11552	11552	the court has not previously determined that the estate is
11553	11553	incapable of partition, the court shall appoint three or more
11554	11554	discreet and disinterested persons as commissioners to make a
11555	11555	partition and distribution of the estate. (Tex. Prob. Code, Sec.
11556	11556	380(a).)
11557	11557	Sec. 360.152. WRIT OF PARTITION. (a) When commissioners
11558	11558	are appointed under Section 360.151, the clerk shall issue a writ of
11559	11559	partition directed to the commissioners, commanding the
11560	11560	commissioners to:
11561	11561	(1) proceed promptly to make the partition and
11562	11562	distribution in accordance with the court decree; and
11563	11563	(2) return the writ, with the commissioners'
11564	11564	proceedings under the writ, on a date stated in the writ.
11565	11565	(b) A copy of the court decree must accompany the writ.
11566	11566	(c) The writ must be served by:
11567	11567	(1) delivering the writ and the accompanying copy of
11568	11568	the court decree to one of the commissioners; and
11569	11569	(2) notifying the other commissioners, verbally or
11570	11570	otherwise, of the commissioners' appointment.
11571	11571	(d) Service under Subsection (c) may be made by any person.
11572	11572	(Tex. Prob. Code, Sec. 380(b).)
11573	11573	Sec. 360.153. PARTITION BY COMMISSIONERS. (a) The
11574	11574	commissioners shall make a fair, just, and impartial partition and
11575	11575	distribution of the estate in the following order and manner:
11576	11576	(1) if the real estate is capable of being divided
11577	11577	without manifest injury to all or any of the distributees, the
11578	11578	commissioners shall partition and distribute the land or other
11579	11579	property by allotting to each distributee:
11580	11580	(A) a share in each parcel;
11581	11581	(B) shares in one or more parcels; or
11582	11582	(C) one or more parcels separately, with or
11583	11583	without the addition of a share of other parcels;
11584	11584	(2) if the real estate is not capable of a fair, just,
11585	11585	and equal division in kind, but may be made capable of a fair, just,
11586	11586	and equal division in kind by allotting to one or more of the
11587	11587	distributees a proportion of the money or other personal property
11588	11588	to supply the deficiency, the commissioners may make, as nearly as
11589	11589	possible, an equal division of the real estate and supply the
11590	11590	deficiency of any share from the money or other personal property;
11591	11591	and
11592	11592	(3) the commissioners shall:
11593	11593	(A) make a like division in kind, as nearly as
11594	11594	possible, of the money and other personal property; and
11595	11595	(B) determine by lot, among equal shares, to whom
11596	11596	each share shall belong.
11597	11597	(b) The commissioners shall allot the land or other property
11598	11598	under Subsection (a)(1) in the manner described by that subsection
11599	11599	that is most in the interest of the distributees. (Tex. Prob. Code,
11600	11600	Sec. 380(c).)
11601	11601	Sec. 360.154. COMMISSIONERS' REPORT. (a) After dividing
11602	11602	all or any part of the estate, at least a majority of the
11603	11603	commissioners shall make a written, sworn report to the court that:
11604	11604	(1) states the property divided by the commissioners;
11605	11605	and
11606	11606	(2) describes in particular the property allotted to
11607	11607	each distributee and the value of that property.
11608	11608	(b) If real estate was divided, the report must also contain
11609	11609	a general plat of the land with:
11610	11610	(1) the division lines plainly set down; and
11611	11611	(2) the number of acres in each share. (Tex. Prob.
11612	11612	Code, Sec. 380(d).)
11613	11613	Sec. 360.155. COURT ACTION ON COMMISSIONERS' REPORT. (a)
11614	11614	On the return of a commissioners' report under Section 360.154, the
11615	11615	court shall:
11616	11616	(1) examine the report carefully; and
11617	11617	(2) hear:
11618	11618	(A) all exceptions and objections to the report;
11619	11619	and
11620	11620	(B) all evidence in favor of or against the
11621	11621	report.
11622	11622	(b) If the report is informal, the court shall have the
11623	11623	informality corrected.
11624	11624	(c) If the division appears to have been fairly made
11625	11625	according to law and no valid exceptions are taken to the division,
11626	11626	the court shall approve the division and enter a decree vesting
11627	11627	title in the distributees of the distributees' respective shares or
11628	11628	portions of the property as set apart to the distributees by the
11629	11629	commissioners.
11630	11630	(d) If the division does not appear to have been fairly made
11631	11631	according to law or a valid exception is taken to the division, the
11632	11632	court may:
11633	11633	(1) set aside the report and division; and
11634	11634	(2) order a new partition to be made. (Tex. Prob.
11635	11635	Code, Sec. 380(e).)
11636	11636	Sec. 360.156. DELIVERY OF PROPERTY. When the
11637	11637	commissioners' report has been approved and ordered to be recorded,
11638	11638	the court shall order the executor or administrator to deliver to
11639	11639	the distributees on demand the distributees' respective shares of
11640	11640	the estate, including all the title deeds and documents belonging
11641	11641	to the distributees. (Tex. Prob. Code, Sec. 380(f).)
11642	11642	Sec. 360.157. COMMISSIONERS' FEES. A commissioner who
11643	11643	partitions and distributes an estate under this subchapter is
11644	11644	entitled to $5 for each day the commissioner necessarily engages in
11645	11645	performing the commissioner's duties, to be taxed and paid as other
11646	11646	costs in cases of partition. (Tex. Prob. Code, Sec. 380(g).)
11647	11647	[Sections 360.158-360.200 reserved for expansion]
11648	11648	SUBCHAPTER E. PARTITION AND DISTRIBUTION IF ESTATE PROPERTY IS
11649	11649	INCAPABLE OF DIVISION
11650	11650	Sec. 360.201. COURT FINDING. If, in the court's opinion,
11651	11651	all or part of an estate is not capable of a fair and equal partition
11652	11652	and distribution, the court shall make a special written finding
11653	11653	specifying the property incapable of division. (Tex. Prob. Code,
11654	11654	Sec. 381(a).)
11655	11655	Sec. 360.202. SALE OF ESTATE PROPERTY. (a) When the court
11656	11656	has found that all or part of an estate is not capable of fair and
11657	11657	equal division, the court shall order the sale of all estate
11658	11658	property not capable of fair and equal division.
11659	11659	(b) The sale must be made by the executor or administrator
11660	11660	in the manner provided for the sale of real estate to satisfy estate
11661	11661	debts.
11662	11662	(c) The court shall distribute the proceeds collected from
11663	11663	the sale to the persons entitled to the proceeds.
11664	11664	(d) A distributee who buys property at the sale is required
11665	11665	to pay or secure only the amount by which the distributee's bid
11666	11666	exceeds the amount of the distributee's share of the property.
11667	11667	(Tex. Prob. Code, Secs. 381(b), (c).)
11668	11668	Sec. 360.203. APPLICABILITY OF PROVISIONS RELATING TO SALE
11669	11669	OF REAL ESTATE. The provisions of this title relating to reports of
11670	11670	sales of real estate, the giving of an increased general or
11671	11671	additional bond on the sale of real estate, and the vesting of title
11672	11672	to property sold by decree or by deed apply to sales made under this
11673	11673	subchapter. (Tex. Prob. Code, Sec. 381(d).)
11674	11674	[Sections 360.204-360.250 reserved for expansion]
11675	11675	SUBCHAPTER F. CERTAIN TYPES OF ESTATE PROPERTY
11676	11676	Sec. 360.251. ESTATE CONSISTING ONLY OF MONEY OR DEBTS. If
11677	11677	the estate to be distributed consists only of money or debts due to
11678	11678	the estate, the court shall:
11679	11679	(1) set the amount to which each distributee is
11680	11680	entitled; and
11681	11681	(2) order the executor or administrator to pay and
11682	11682	deliver that amount. (Tex. Prob. Code, Sec. 379.)
11683	11683	Sec. 360.252. ESTATE PROPERTY LOCATED IN ANOTHER COUNTY.
11684	11684	(a) If any portion of the estate to be partitioned is located in
11685	11685	another county and cannot be fairly partitioned without prejudice
11686	11686	to the distributees' interests, the commissioners may report those
11687	11687	facts to the court in writing.
11688	11688	(b) On the making of a report under Subsection (a), if the
11689	11689	court is satisfied that the property cannot be fairly divided or
11690	11690	that the sale of the property would be more advantageous to the
11691	11691	distributees, the court may order a sale of the property. The sale
11692	11692	must be conducted in the manner provided by Subchapter E for the
11693	11693	sale of property that is not capable of fair and equal division.
11694	11694	(c) If the court is not satisfied that the property cannot
11695	11695	be fairly and advantageously divided, or that the sale of the
11696	11696	property would be more advantageous to the distributees, the court
11697	11697	may appoint three or more commissioners in each county in which the
11698	11698	property is located. If the court appoints commissioners under
11699	11699	this subsection, the proceedings under Subchapter D for partition
11700	11700	by commissioners must be followed. (Tex. Prob. Code, Sec. 382.)
11701	11701	Sec. 360.253. COMMUNITY PROPERTY. (a) If a spouse dies
11702	11702	leaving community property, the surviving spouse, at any time after
11703	11703	letters testamentary or of administration have been granted and an
11704	11704	inventory, appraisement, and list of claims of the estate have been
11705	11705	returned, may apply in writing to the court that granted the letters
11706	11706	for a partition of the community property.
11707	11707	(b) The surviving spouse shall execute and deliver a bond to
11708	11708	the judge of the court described by Subsection (a). The bond must
11709	11709	be:
11710	11710	(1) with a corporate surety or at least two good and
11711	11711	sufficient personal sureties;
11712	11712	(2) payable to and approved by the judge;
11713	11713	(3) in an amount equal to the value of the surviving
11714	11714	spouse's interest in the community property; and
11715	11715	(4) conditioned for the payment of half of all debts
11716	11716	existing against the community property.
11717	11717	(c) The court shall proceed to partition the community
11718	11718	property into two equal moieties, one to be delivered to the
11719	11719	surviving spouse and the other to be delivered to the executor or
11720	11720	administrator of the deceased spouse's estate.
11721	11721	(d) If a partition is made under this section:
11722	11722	(1) a lien exists on the property delivered to the
11723	11723	surviving spouse to secure the payment of the bond required under
11724	11724	Subsection (b); and
11725	11725	(2) any creditor of the community estate:
11726	11726	(A) may sue in the creditor's own name on the
11727	11727	bond; and
11728	11728	(B) is entitled:
11729	11729	(i) to have judgment on the bond for half of
11730	11730	the debt the creditor establishes; and
11731	11731	(ii) to be paid by the executor or
11732	11732	administrator of the deceased spouse's estate for the other half.
11733	11733	(e) The provisions of this title relating to the partition
11734	11734	and distribution of an estate apply to a partition under this
11735	11735	section to the extent applicable. (Tex. Prob. Code, Sec. 385.)
11736	11736	Sec. 360.254. JOINTLY OWNED PROPERTY. (a) A person who has
11737	11737	a joint interest with a decedent's estate in any property may apply
11738	11738	to the court that granted letters testamentary or of administration
11739	11739	on the estate for a partition of the property.
11740	11740	(b) On application under Subsection (a), the court shall
11741	11741	partition the property between the applicant and the decedent's
11742	11742	estate.
11743	11743	(c) The provisions of this title relating to the partition
11744	11744	and distribution of an estate govern a partition under this section
11745	11745	to the extent applicable. (Tex. Prob. Code, Sec. 386.)
11746	11746	[Sections 360.255-360.300 reserved for expansion]
11747	11747	SUBCHAPTER G. ENFORCEMENT
11748	11748	Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE
11749	11749	PROPERTY. (a) If an executor or administrator neglects, when
11750	11750	demanded, to deliver a portion of an estate ordered to be delivered
11751	11751	to a person entitled to that portion, the person may file with the
11752	11752	court clerk a written complaint alleging:
11753	11753	(1) the fact of the neglect;
11754	11754	(2) the date of the person's demand; and
11755	11755	(3) other relevant facts.
11756	11756	(b) On the filing of a complaint under Subsection (a), the
11757	11757	court clerk shall issue a citation to be served personally on the
11758	11758	executor or administrator. The citation must:
11759	11759	(1) apprise the executor or administrator of the
11760	11760	complaint; and
11761	11761	(2) cite the executor or administrator to appear
11762	11762	before the court and answer, if the executor or administrator
11763	11763	desires, at the time designated in the citation.
11764	11764	(c) If at the hearing the court finds that the citation was
11765	11765	properly served and returned and that the executor or administrator
11766	11766	is guilty of the neglect alleged, the court shall enter an order to
11767	11767	that effect.
11768	11768	(d) An executor or administrator found guilty under
11769	11769	Subsection (c) is liable to the complainant for damages at the rate
11770	11770	of 10 percent of the amount or the appraised value of the portion of
11771	11771	the estate neglectfully withheld, per month, for each month or
11772	11772	fraction of a month that the portion is or has been neglectfully
11773	11773	withheld after the date of demand. Damages under this subsection
11774	11774	may be recovered in any court of competent jurisdiction. (Tex.
11775	11775	Prob. Code, Sec. 384.)
11776	11776	CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
11777	11777	REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
11778	11778	SUBCHAPTER A. RESIGNATION OF PERSONAL REPRESENTATIVE
11779	11779	Sec. 361.001. RESIGNATION APPLICATION
11780	11780	Sec. 361.002. IMMEDIATE APPOINTMENT OF SUCCESSOR;
11781	11781	DISCHARGE AND RELEASE
11782	11782	Sec. 361.003. HEARING DATE; CITATION
11783	11783	Sec. 361.004. HEARING
11784	11784	Sec. 361.005. REQUIREMENTS FOR DISCHARGE
11785	11785	[Sections 361.006-361.050 reserved for expansion]
11786	11786	SUBCHAPTER B. REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE
11787	11787	Sec. 361.051. REMOVAL WITHOUT NOTICE
11788	11788	Sec. 361.052. REMOVAL WITH NOTICE
11789	11789	Sec. 361.053. REMOVAL ORDER
11790	11790	Sec. 361.054. REMOVAL AND REINSTATEMENT OF PERSONAL
11791	11791	CIRCUMSTANCES
11792	11792	[Sections 361.055-361.100 reserved for expansion]
11793	11793	SUBCHAPTER C. APPOINTMENT OF SUCCESSOR REPRESENTATIVE
11794	11794	Sec. 361.101. REQUIREMENTS FOR REVOCATION OF LETTERS
11795	11795	Sec. 361.102. APPOINTMENT BECAUSE OF DEATH,
11796	11796	RESIGNATION, OR REMOVAL
11797	11797	Sec. 361.103. APPOINTMENT BECAUSE OF EXISTENCE OF
11798	11798	PRIOR RIGHT
11799	11799	Sec. 361.104. APPOINTMENT WHEN NAMED EXECUTOR BECOMES
11800	11800	AN ADULT
11801	11801	Sec. 361.105. APPOINTMENT OF FORMERLY SICK OR ABSENT
11802	11802	EXECUTOR
11803	11803	Sec. 361.106. APPOINTMENT WHEN WILL DISCOVERED AFTER
11804	11804	GRANT OF ADMINISTRATION
11805	11805	[Sections 361.107-361.150 reserved for expansion]
11806	11806	SUBCHAPTER D. PROCEDURES AFTER DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVE
11807	11807	PERSONAL REPRESENTATIVE
11808	11808	Sec. 361.151. PAYMENT TO ESTATE WHILE OFFICE OF
11809	11809	PERSONAL REPRESENTATIVE IS VACANT
11810	11810	Sec. 361.152. FURTHER ADMINISTRATION WITH OR WITHOUT
11811	11811	NOTICE OR WILL ANNEXED
11812	11812	Sec. 361.153. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
11813	11813	REPRESENTATIVE
11814	11814	Sec. 361.154. SUCCESSOR EXECUTOR ALSO SUCCEEDS TO
11815	11815	PRIOR RIGHTS AND DUTIES
11816	11816	Sec. 361.155. SUCCESSOR REPRESENTATIVE TO RETURN
11817	11817	CLAIMS
11818	11818	CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL
11819	11819	REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
11820	11820	SUBCHAPTER A. RESIGNATION OF PERSONAL REPRESENTATIVE
11821	11821	Sec. 361.001. RESIGNATION APPLICATION. A personal
11822	11822	representative who wishes to resign the representative's trust
11823	11823	shall file a written application with the court clerk, accompanied
11824	11824	by a complete and verified exhibit and final account showing the
11825	11825	true condition of the estate entrusted to the representative's
11826	11826	care. (Tex. Prob. Code, Sec. 221(a).)
11827	11827	Sec. 361.002. IMMEDIATE APPOINTMENT OF SUCCESSOR;
11828	11828	DISCHARGE AND RELEASE. (a) If the necessity exists, the court may
11829	11829	immediately accept the resignation of a personal representative and
11830	11830	appoint a successor representative.
11831	11831	(b) The court may not discharge a person whose resignation
11832	11832	is accepted under Subsection (a), or release the person or the
11833	11833	sureties on the person's bond, until a final order has been issued
11834	11834	or judgment has been rendered on the final account required under
11835	11835	Section 361.001. (Tex. Prob. Code, Sec. 221(b).)
11836	11836	Sec. 361.003. HEARING DATE; CITATION. (a) When an
11837	11837	application to resign as personal representative is filed under
11838	11838	Section 361.001, supported by the exhibit and final account
11839	11839	required under that section, the court clerk shall bring the
11840	11840	application to the judge's attention and the judge shall set a date
11841	11841	for a hearing on the matter.
11842	11842	(b) After a hearing is set under Subsection (a), the clerk
11843	11843	shall issue a citation to all interested persons, showing:
11844	11844	(1) that an application that complies with Section
11845	11845	361.001 has been filed; and
11846	11846	(2) the time and place set for the hearing at which the
11847	11847	interested persons may appear and contest the exhibit and final
11848	11848	account supporting the application.
11849	11849	(c) Unless the court directs that the citation under
11850	11850	Subsection (b) be published, the citation must be posted. (Tex.
11851	11851	Prob. Code, Sec. 221(c).)
11852	11852	Sec. 361.004. HEARING. (a) At the time set for the hearing
11853	11853	under Section 361.003, unless the court continues the hearing, and
11854	11854	if the court finds that the citation required under that section has
11855	11855	been properly issued and served, the court shall:
11856	11856	(1) examine the exhibit and final account required by
11857	11857	Section 361.001;
11858	11858	(2) hear all evidence for and against the exhibit and
11859	11859	final account; and
11860	11860	(3) if necessary, restate and audit and settle the
11861	11861	exhibit and final account.
11862	11862	(b) If the court is satisfied that the matters entrusted to
11863	11863	the personal representative applying to resign have been handled
11864	11864	and accounted for in accordance with the law, the court shall:
11865	11865	(1) enter an order approving the exhibit and final
11866	11866	account; and
11867	11867	(2) require that any estate property remaining in the
11868	11868	applicant's possession be delivered to the persons entitled by law
11869	11869	to receive the property. (Tex. Prob. Code, Sec. 221(d).)
11870	11870	Sec. 361.005. REQUIREMENTS FOR DISCHARGE. (a) A personal
11871	11871	representative applying to resign may not be discharged until:
11872	11872	(1) the resignation application has been heard;
11873	11873	(2) the exhibit and final account required under
11874	11874	Section 361.001 have been examined, settled, and approved; and
11875	11875	(3) the applicant has satisfied the court that the
11876	11876	applicant has:
11877	11877	(A) delivered any estate property remaining in
11878	11878	the applicant's possession; or
11879	11879	(B) complied with all lawful orders of the court
11880	11880	with relation to the applicant's trust as representative.
11881	11881	(b) When a personal representative applying to resign has
11882	11882	fully complied with the orders of the court, the court shall enter
11883	11883	an order:
11884	11884	(1) accepting the resignation; and
11885	11885	(2) discharging the applicant, and, if the applicant
11886	11886	is under bond, the applicant's sureties. (Tex. Prob. Code, Secs.
11887	11887	221(e), (f).)
11888	11888	[Sections 361.006-361.050 reserved for expansion]
11889	11889	SUBCHAPTER B. REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE
11890	11890	Sec. 361.051. REMOVAL WITHOUT NOTICE. The court, on the
11891	11891	court's own motion or on the motion of any interested person, and
11892	11892	without notice, may remove a personal representative appointed
11893	11893	under this title who:
11894	11894	(1) neglects to qualify in the manner and time
11895	11895	required by law;
11896	11896	(2) fails to return, before the 91st day after the date
11897	11897	the representative qualifies, an inventory of the estate property
11898	11898	and a list of claims that have come to the representative's
11899	11899	knowledge, unless that deadline is extended by court order;
11900	11900	(3) if required, fails to give a new bond within the
11901	11901	time prescribed;
11902	11902	(4) is absent from the state for a consecutive period
11903	11903	of three or more months without the court's permission, or moves out
11904	11904	of state;
11905	11905	(5) cannot be served with notices or other processes
11906	11906	because:
11907	11907	(A) the representative's whereabouts are
11908	11908	unknown;
11909	11909	(B) the representative is eluding service; or
11910	11910	(C) the representative is a nonresident of this
11911	11911	state who does not have a resident agent to accept service of
11912	11912	process in any probate proceeding or other action relating to the
11913	11913	estate; or
11914	11914	(6) subject to Section 361.054(a), has misapplied,
11915	11915	embezzled, or removed from the state, or is about to misapply,
11916	11916	embezzle, or remove from the state, all or part of the property
11917	11917	entrusted to the representative's care. (Tex. Prob. Code, Sec.
11918	11918	222(a)(1).)
11919	11919	Sec. 361.052. REMOVAL WITH NOTICE. The court may remove a
11920	11920	personal representative on the court's own motion, or on the
11921	11921	complaint of any interested person, after the representative has
11922	11922	been cited by personal service to answer at a time and place fixed
11923	11923	in the notice, if:
11924	11924	(1) sufficient grounds appear to support a belief that
11925	11925	the representative has misapplied, embezzled, or removed from the
11926	11926	state, or is about to misapply, embezzle, or remove from the state,
11927	11927	all or part of the property entrusted to the representative's care;
11928	11928	(2) the representative fails to return any account
11929	11929	required by law to be made;
11930	11930	(3) the representative fails to obey a proper order of
11931	11931	the court that has jurisdiction with respect to the performance of
11932	11932	the representative's duties;
11933	11933	(4) the representative is proved to have been guilty
11934	11934	of gross misconduct, or mismanagement in the performance of the
11935	11935	representative's duties;
11936	11936	(5) the representative:
11937	11937	(A) becomes incapacitated;
11938	11938	(B) is sentenced to the penitentiary; or
11939	11939	(C) from any other cause, becomes incapable of
11940	11940	properly performing the duties of the representative's trust; or
11941	11941	(6) the representative, as executor or administrator,
11942	11942	fails to:
11943	11943	(A) make a final settlement by the third
11944	11944	anniversary of the date letters testamentary or of administration
11945	11945	are granted, unless that period is extended by the court on a
11946	11946	showing of sufficient cause supported by oath; or
11947	11947	(B) timely file the affidavit or certificate
11948	11948	required by Section 308.004. (Tex. Prob. Code, Sec. 222(b).)
11949	11949	Sec. 361.053. REMOVAL ORDER. An order removing a personal
11950	11950	representative must:
11951	11951	(1) state the cause of the removal;
11952	11952	(2) require that, if the removed representative has
11953	11953	been personally served with citation, any letters testamentary or
11954	11954	of administration issued to the removed representative be
11955	11955	surrendered, and that, regardless of whether the letters have been
11956	11956	delivered, all the letters be canceled of record; and
11957	11957	(3) require the removed representative to deliver any
11958	11958	estate property in the representative's possession to the persons
11959	11959	entitled to the property or to the person who has been appointed and
11960	11960	has qualified as successor representative. (Tex. Prob. Code, Sec.
11961	11961	222(c).)
11962	11962	Sec. 361.054. REMOVAL AND REINSTATEMENT OF PERSONAL
11963	11963	REPRESENTATIVE UNDER CERTAIN CIRCUMSTANCES. (a) The court may
11964	11964	remove a personal representative under Section 361.051(6) only on
11965	11965	the presentation of clear and convincing evidence given under oath.
11966	11966	(b) Not later than the 10th day after the date the court
11967	11967	signs the order of removal, a personal representative who is
11968	11968	removed under Section 361.051(6) may file an application with the
11969	11969	court for a hearing to determine whether the representative should
11970	11970	be reinstated.
11971	11971	(c) On the filing of an application under Subsection (b),
11972	11972	the court clerk shall issue to the applicant and to the successor
11973	11973	representative of the decedent's estate a notice stating:
11974	11974	(1) that an application for reinstatement has been
11975	11975	filed;
11976	11976	(2) the name of the decedent from whose estate the
11977	11977	applicant was removed as personal representative; and
11978	11978	(3) the name of the applicant for reinstatement.
11979	11979	(d) The notice required by Subsection (c) must cite all
11980	11980	persons interested in the estate to appear at the time and place
11981	11981	stated in the notice if the persons wish to contest the application.
11982	11982	(e) If, at the conclusion of a hearing under this section,
11983	11983	the court is satisfied by a preponderance of the evidence that the
11984	11984	personal representative applying for reinstatement did not engage
11985	11985	in the conduct that directly led to the applicant's removal, the
11986	11986	court shall:
11987	11987	(1) set aside any order appointing a successor
11988	11988	representative; and
11989	11989	(2) enter an order reinstating the applicant as
11990	11990	personal representative of the estate.
11991	11991	(f) If the court sets aside the appointment of a successor
11992	11992	representative under this section, the court may require the
11993	11993	successor representative to prepare and file, under oath, an
11994	11994	accounting of the estate and to detail the disposition the
11995	11995	successor has made of the estate property. (Tex. Prob. Code, Secs.
11996	11996	222(a)(2), 222A.)
11997	11997	[Sections 361.055-361.100 reserved for expansion]
11998	11998	SUBCHAPTER C. APPOINTMENT OF SUCCESSOR REPRESENTATIVE
11999	11999	Sec. 361.101. REQUIREMENTS FOR REVOCATION OF LETTERS.
12000	12000	Except as otherwise expressly provided by this title, the court may
12001	12001	revoke letters testamentary or of administration and grant other
12002	12002	letters only:
12003	12003	(1) on application; and
12004	12004	(2) after personal service of citation on the person,
12005	12005	if living, whose letters are sought to be revoked, requiring the
12006	12006	person to appear and show cause why the application should not be
12007	12007	granted. (Tex. Prob. Code, Sec. 220(f).)
12008	12008	Sec. 361.102. APPOINTMENT BECAUSE OF DEATH, RESIGNATION, OR
12009	12009	REMOVAL. (a) If a person appointed as personal representative
12010	12010	fails to qualify or, after qualifying, dies, resigns, or is
12011	12011	removed, the court may, on application, appoint a successor
12012	12012	representative if the appointment of a successor is necessary. The
12013	12013	appointment may be made before a final accounting is filed or before
12014	12014	any action on a final accounting is taken. In the event of death,
12015	12015	the legal representatives of the deceased personal representative
12016	12016	shall account for, pay, and deliver all estate property that was
12017	12017	entrusted to the deceased personal representative's care to the
12018	12018	persons legally entitled to receive the property, at the time and in
12019	12019	the manner ordered by the court.
12020	12020	(b) The court may appoint a successor representative under
12021	12021	this section without citation or notice if the court finds that the
12022	12022	immediate appointment of a successor representative is necessary.
12023	12023	(Tex. Prob. Code, Sec. 220(a).)
12024	12024	Sec. 361.103. APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR
12025	12025	RIGHT. If letters testamentary or of administration have been
12026	12026	granted to a person and another person applies for letters, the
12027	12027	court shall revoke the initial letters and grant letters to the
12028	12028	second applicant if the second applicant:
12029	12029	(1) is qualified;
12030	12030	(2) has a prior right to the letters; and
12031	12031	(3) has not waived the prior right to the letters.
12032	12032	(Tex. Prob. Code, Sec. 220(b).)
12033	12033	Sec. 361.104. APPOINTMENT WHEN NAMED EXECUTOR BECOMES AN
12034	12034	ADULT. (a) A person named as executor in a will who was not an
12035	12035	adult when the will was probated is entitled to have letters
12036	12036	testamentary or of administration that were granted to another
12037	12037	person revoked and appropriate letters granted to the named
12038	12038	executor on proof that the named executor has become an adult and is
12039	12039	not otherwise disqualified.
12040	12040	(b) This subsection applies only if a will names two or more
12041	12041	persons as executor. A person named as an executor in the will who
12042	12042	was a minor when the will was probated may, on becoming an adult,
12043	12043	qualify and receive letters if:
12044	12044	(1) letters have been issued only to the named
12045	12045	executors in the will who were adults when the will was probated;
12046	12046	and
12047	12047	(2) the person is not otherwise disqualified from
12048	12048	receiving letters. (Tex. Prob. Code, Sec. 220(c).)
12049	12049	Sec. 361.105. APPOINTMENT OF FORMERLY SICK OR ABSENT
12050	12050	EXECUTOR. (a) This section applies only to a person named as
12051	12051	executor in a will who was sick or absent from the state when the
12052	12052	testator died or the will was proved and, as a result, could not:
12053	12053	(1) present the will for probate before the 31st day
12054	12054	after the date of the testator's death; or
12055	12055	(2) accept and qualify as executor before the 21st day
12056	12056	after the date the will is probated.
12057	12057	(b) A person to whom this section applies may accept and
12058	12058	qualify as executor before the 61st day after the date the person
12059	12059	returns to the state or recovers from illness if proof is presented
12060	12060	to the court that the person was ill or absent.
12061	12061	(c) If a person accepts and qualifies as executor under
12062	12062	Subsection (b) and letters testamentary or of administration have
12063	12063	been issued to another person, the court shall revoke the other
12064	12064	person's letters. (Tex. Prob. Code, Sec. 220(d).)
12065	12065	Sec. 361.106. APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT
12066	12066	OF ADMINISTRATION. If, after letters of administration have been
12067	12067	issued, it is discovered that the decedent left a lawful will, the
12068	12068	court shall revoke the letters of administration and issue proper
12069	12069	letters to any persons entitled to the letters. (Tex. Prob. Code,
12070	12070	Sec. 220(e).)
12071	12071	[Sections 361.107-361.150 reserved for expansion]
12072	12072	SUBCHAPTER D. PROCEDURES AFTER DEATH, RESIGNATION, OR REMOVAL OF
12073	12073	PERSONAL REPRESENTATIVE
12074	12074	Sec. 361.151. PAYMENT TO ESTATE WHILE OFFICE OF PERSONAL
12075	12075	REPRESENTATIVE IS VACANT. (a) A debtor, obligor, or payor may pay
12076	12076	or tender money or another thing of value falling due to an estate
12077	12077	while the office of personal representative of the estate is vacant
12078	12078	to the court clerk for the credit of the estate.
12079	12079	(b) Payment or tender under Subsection (a) discharges the
12080	12080	debtor, obligor, or payor of the obligation for all purposes to the
12081	12081	extent and purpose of the payment or tender.
12082	12082	(c) If the court clerk accepts payment or tender under this
12083	12083	section, the court clerk shall issue a receipt for the payment or
12084	12084	tender. (Tex. Prob. Code, Sec. 220(g).)
12085	12085	Sec. 361.152. FURTHER ADMINISTRATION WITH OR WITHOUT NOTICE
12086	12086	OR WILL ANNEXED. (a) If an estate is unrepresented as a result of
12087	12087	the death, removal, or resignation of the estate's personal
12088	12088	representative, and on application by a qualified person interested
12089	12089	in the estate, the court shall grant further administration of the
12090	12090	estate if necessary, and with the will annexed if there is a will.
12091	12091	(b) An appointment under Subsection (a) shall be made on
12092	12092	notice and after a hearing, as in the case of an original
12093	12093	appointment, except that, if the court finds that the immediate
12094	12094	appointment of a successor representative is necessary, the court
12095	12095	may appoint the successor on application but without citation or
12096	12096	notice. (Tex. Prob. Code, Sec. 223.)
12097	12097	Sec. 361.153. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR
12098	12098	REPRESENTATIVE. (a) If a personal representative of an estate not
12099	12099	administered succeeds another personal representative, the
12100	12100	successor representative has all rights, powers, and duties of the
12101	12101	predecessor, other than those rights and powers conferred on the
12102	12102	predecessor by will that are different from those conferred by this
12103	12103	title on personal representatives generally. Subject to that
12104	12104	exception, the successor representative shall administer the
12105	12105	estate as if the successor's administration were a continuation of
12106	12106	the former administration.
12107	12107	(b) A successor representative shall account for all the
12108	12108	estate property that came into the predecessor's possession, and is
12109	12109	entitled to any order or remedy that the court has the power to give
12110	12110	to enforce the delivery of the estate property and the liability of
12111	12111	the predecessor's sureties for any portion of the estate property
12112	12112	that is not delivered. The successor is not required to account for
12113	12113	any portion of the estate property that the successor failed to
12114	12114	recover after due diligence.
12115	12115	(c) In addition to the powers granted under Subsections (a)
12116	12116	and (b), a successor representative may:
12117	12117	(1) make himself or herself, and may be made, a party
12118	12118	to a suit prosecuted by or against the successor's predecessors;
12119	12119	(2) settle with the predecessor, and receive and give
12120	12120	a receipt for any portion of the estate property that remains in the
12121	12121	predecessor's possession; or
12122	12122	(3) commence a suit on the bond or bonds of the
12123	12123	predecessor, in the successor's own name and capacity, for all the
12124	12124	estate property that:
12125	12125	(A) came into the predecessor's possession; and
12126	12126	(B) has not been accounted for by the
12127	12127	predecessor. (Tex. Prob. Code, Secs. 224, 225.)
12128	12128	Sec. 361.154. SUCCESSOR EXECUTOR ALSO SUCCEEDS TO PRIOR
12129	12129	RIGHTS AND DUTIES. An executor who accepts appointment and
12130	12130	qualifies after letters of administration have been granted on the
12131	12131	estate shall, in the manner prescribed by Section 361.153, succeed
12132	12132	to the previous administrator, and shall administer the estate as
12133	12133	if the executor's administration were a continuation of the former
12134	12134	administration, subject to any legal directions of the testator
12135	12135	with respect to the estate that are contained in the will. (Tex.
12136	12136	Prob. Code, Sec. 226.)
12137	12137	Sec. 361.155. SUCCESSOR REPRESENTATIVE TO RETURN
12138	12138	INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. (a) An appointee who
12139	12139	has qualified to succeed a former personal representative shall
12140	12140	make and return to the court an inventory, appraisement, and list of
12141	12141	claims of the estate before the 91st day after the date the personal
12142	12142	representative qualifies, in the manner required of an original
12143	12143	appointee, and shall also return additional inventories,
12144	12144	appraisements, and lists of claims in the manner required of an
12145	12145	original appointee.
12146	12146	(b) On the application of any person interested in the
12147	12147	estate, the court shall, in an order appointing a successor
12148	12148	representative of an estate, appoint appraisers as in an original
12149	12149	appointment. (Tex. Prob. Code, Sec. 227.)
12150	12150	CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
12151	12151	SUBCHAPTER A. SETTLING AND CLOSING ESTATE
12152	12152	Sec. 362.001. SETTLING AND CLOSING ADMINISTRATION OF
12153	12153	ESTATE
12154	12154	Sec. 362.002. COMPELLING SETTLEMENT OF ESTATE
12155	12155	Sec. 362.003. VERIFIED ACCOUNT REQUIRED
12156	12156	Sec. 362.004. CONTENTS OF ACCOUNT
12157	12157	Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF
12158	12158	ACCOUNT
12159	12159	Sec. 362.006. EXAMINATION OF AND HEARING ON ACCOUNT
12160	12160	Sec. 362.007. DELIVERY OF CERTAIN PROPERTY TO GUARDIAN
12161	12161	Sec. 362.008. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
12162	12162	COMPUTATION
12163	12163	Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL
12164	12164	DISCHARGE
12165	12165	Sec. 362.010. PAYMENT OF INHERITANCE TAXES REQUIRED
12166	12166	Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE
12167	12167	Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE
12168	12168	WHEN NO ESTATE PROPERTY REMAINS
12169	12169	Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE
12170	12170	WHEN ESTATE FULLY ADMINISTERED
12171	12171	[Sections 362.014-362.050 reserved for expansion]
12172	12172	SUBCHAPTER B. FAILURE OF PERSONAL REPRESENTATIVE TO ACT
12173	12173	Sec. 362.051. FAILURE TO PRESENT ACCOUNT
12174	12174	Sec. 362.052. LIABILITY FOR FAILURE TO DELIVER ESTATE
12175	12175	PROPERTY
12176	12176	CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
12177	12177	SUBCHAPTER A. SETTLING AND CLOSING ESTATE
12178	12178	Sec. 362.001. SETTLING AND CLOSING ADMINISTRATION OF
12179	12179	ESTATE. The administration of an estate shall be settled and closed
12180	12180	when:
12181	12181	(1) all the debts known to exist against the estate
12182	12182	have been paid, or have been paid to the extent permitted by the
12183	12183	assets in the personal representative's possession; and
12184	12184	(2) no further need for administration exists. (Tex.
12185	12185	Prob. Code, Sec. 404.)
12186	12186	Sec. 362.002. COMPELLING SETTLEMENT OF ESTATE. A person
12187	12187	interested in the administration of an estate for which letters
12188	12188	testamentary or of administration have been granted may proceed,
12189	12189	after any period of time, to compel settlement of the estate if it
12190	12190	does not appear from the record that the administration of the
12191	12191	estate has been closed. (Tex. Prob. Code, Sec. 92.)
12192	12192	Sec. 362.003. VERIFIED ACCOUNT REQUIRED. The personal
12193	12193	representative of an estate shall present to the court the
12194	12194	representative's verified account for final settlement when the
12195	12195	administration of the estate is to be settled and closed. (Tex.
12196	12196	Prob. Code, Sec. 405 (part).)
12197	12197	Sec. 362.004. CONTENTS OF ACCOUNT. (a) Except as provided
12198	12198	by Subsection (b), it is sufficient for an account for final
12199	12199	settlement to:
12200	12200	(1) refer to the inventory without describing each
12201	12201	item of property in detail; and
12202	12202	(2) refer to and adopt any proceeding had in the
12203	12203	administration concerning a sale, renting, leasing for mineral
12204	12204	development, or any other transaction on behalf of the estate,
12205	12205	including an exhibit, account, or voucher previously filed and
12206	12206	approved, without restating the particular items thereof.
12207	12207	(b) An account for final settlement must be accompanied by
12208	12208	proper vouchers supporting each item included in the account for
12209	12209	which the personal representative has not already accounted and,
12210	12210	either by reference to any proceeding described by Subsection (a)
12211	12211	or by a statement of the facts, must show:
12212	12212	(1) the estate property that has come into the
12213	12213	representative's possession and the disposition of that property;
12214	12214	(2) the debts that have been paid;
12215	12215	(3) any debts and expenses still owing by the estate;
12216	12216	(4) any estate property still in the representative's
12217	12217	possession;
12218	12218	(5) the persons entitled to receive that estate and,
12219	12219	for each of those persons:
12220	12220	(A) the person's relationship to the decedent;
12221	12221	(B) the person's residence, if known; and
12222	12222	(C) whether the person is an adult or a minor and,
12223	12223	if the person is a minor, the name of each of the minor's guardians,
12224	12224	if any;
12225	12225	(6) any advancement or payment made by the
12226	12226	representative from that estate to any person entitled to receive
12227	12227	part of that estate;
12228	12228	(7) the tax returns due that have been filed and the
12229	12229	taxes due and owing that have been paid, including:
12230	12230	(A) a complete account of the amount of taxes;
12231	12231	(B) the date the taxes were paid; and
12232	12232	(C) the governmental entity to which the taxes
12233	12233	were paid;
12234	12234	(8) if on the filing of the account a tax return due to
12235	12235	be filed or any taxes due to be paid are delinquent, the reasons
12236	12236	for, and include a description of, the delinquency; and
12237	12237	(9) that the representative has paid all required bond
12238	12238	premiums. (Tex. Prob. Code, Sec. 405 (part).)
12239	12239	Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF
12240	12240	ACCOUNT. (a) On the presentation of an account for final
12241	12241	settlement by a temporary or permanent personal representative, the
12242	12242	county clerk shall issue citation to the persons and in the manner
12243	12243	provided by Subsections (c) and (d).
12244	12244	(b) Citation issued under Subsection (a) must contain:
12245	12245	(1) a statement that an account for final settlement
12246	12246	has been presented;
12247	12247	(2) the time and place the court will consider the
12248	12248	account; and
12249	12249	(3) a statement requiring the person cited to appear
12250	12250	and contest the account, if the person wishes to contest the
12251	12251	account.
12252	12252	(c) The personal representative shall give notice to each
12253	12253	heir or beneficiary of the decedent by certified mail, return
12254	12254	receipt requested, unless the court by written order directs
12255	12255	another type of notice to be given. The notice must include a copy
12256	12256	of the account for final settlement.
12257	12257	(d) The court by written order shall require additional
12258	12258	notice if the court considers the additional notice necessary.
12259	12259	(e) The court may allow the waiver of notice of an account
12260	12260	for final settlement in a proceeding concerning a decedent's
12261	12261	estate. (Tex. Prob. Code, Sec. 407.)
12262	12262	Sec. 362.006. EXAMINATION OF AND HEARING ON ACCOUNT. (a)
12263	12263	On the court's satisfaction that citation has been properly served
12264	12264	on all persons interested in the estate, the court shall examine the
12265	12265	account for final settlement and the accompanying vouchers.
12266	12266	(b) After hearing all exceptions or objections to the
12267	12267	account for final settlement and accompanying vouchers and the
12268	12268	evidence in support of or against the account, the court shall audit
12269	12269	and settle the account and, if necessary, restate the account.
12270	12270	(Tex. Prob. Code, Sec. 408(a).)
12271	12271	Sec. 362.007. DELIVERY OF CERTAIN PROPERTY TO GUARDIAN.
12272	12272	The court may permit a resident personal representative who has
12273	12273	possession of any of a ward's estate to deliver the estate to a
12274	12274	qualified and acting guardian of the ward. (Tex. Prob. Code, Sec.
12275	12275	405A.)
12276	12276	Sec. 362.008. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT
12277	12277	COMPUTATION. In the settlement of any of the accounts of the
12278	12278	personal representative, all debts due the estate that the court is
12279	12279	satisfied could not have been collected by due diligence and that
12280	12280	have not been collected shall be excluded from the computation.
12281	12281	(Tex. Prob. Code, Sec. 412.)
12282	12282	Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL DISCHARGE.
12283	12283	Money or another thing of value that becomes due to the estate while
12284	12284	an account for final settlement is pending may be paid, delivered,
12285	12285	or tendered to the personal representative until the order of final
12286	12286	discharge of the representative is entered in the minutes of the
12287	12287	court. The representative shall issue a receipt for the money or
12288	12288	other thing of value to the obligor or payor. On issuance of the
12289	12289	receipt, the obligor or payor is discharged of the obligation for
12290	12290	all purposes. (Tex. Prob. Code, Sec. 409.)
12291	12291	Sec. 362.010. PAYMENT OF INHERITANCE TAXES REQUIRED. A
12292	12292	personal representative's account for final settlement of an estate
12293	12293	may not be approved, and the estate may not be closed, unless the
12294	12294	account shows and the court finds that all inheritance taxes due and
12295	12295	owing to this state with respect to all interests and properties
12296	12296	passing through the representative's possession have been paid.
12297	12297	(Tex. Prob. Code, Sec. 410.)
12298	12298	Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE. If, on
12299	12299	final settlement of an estate, any of the estate remains in the
12300	12300	personal representative's possession, the court shall order that a
12301	12301	partition and distribution be made among the persons entitled to
12302	12302	receive that part of the estate. (Tex. Prob. Code, Sec. 408(b).)
12303	12303	Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE WHEN NO
12304	12304	ESTATE PROPERTY REMAINS. The court shall enter an order discharging
12305	12305	a personal representative from the representative's trust and
12306	12306	closing the estate if, on final settlement of the estate, none of
12307	12307	the estate remains in the representative's possession. (Tex. Prob.
12308	12308	Code, Sec. 408(c).)
12309	12309	Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE WHEN
12310	12310	ESTATE FULLY ADMINISTERED. The court shall enter an order
12311	12311	discharging a personal representative from the representative's
12312	12312	trust and declaring the estate closed when:
12313	12313	(1) the representative has fully administered the
12314	12314	estate in accordance with this title and the court's orders;
12315	12315	(2) the representative's account for final settlement
12316	12316	has been approved; and
12317	12317	(3) the representative has delivered all of the estate
12318	12318	remaining in the representative's possession to the person or
12319	12319	persons entitled to receive that part of the estate. (Tex. Prob.
12320	12320	Code, Sec. 408(d).)
12321	12321	[Sections 362.014-362.050 reserved for expansion]
12322	12322	SUBCHAPTER B. FAILURE OF PERSONAL REPRESENTATIVE TO ACT
12323	12323	Sec. 362.051. FAILURE TO PRESENT ACCOUNT. (a) The court, on
12324	12324	the court's own motion or on the written complaint of anyone
12325	12325	interested in a decedent's estate that has been administered, shall
12326	12326	have the personal representative who is charged with the duty of
12327	12327	presenting an account for final settlement cited to appear and
12328	12328	present the account within the time specified in the citation if the
12329	12329	representative failed or neglected to present the account at the
12330	12330	proper time.
12331	12331	(b) On or after the fourth anniversary of the date the court
12332	12332	clerk last issues letters testamentary or of administration for a
12333	12333	decedent's estate, the court may close the estate without an
12334	12334	account for final settlement and without appointing a successor
12335	12335	personal representative if:
12336	12336	(1) the whereabouts of the personal representative and
12337	12337	heirs of the decedent are unknown; and
12338	12338	(2) a complaint has not been filed by anyone
12339	12339	interested in the decedent's estate. (Tex. Prob. Code, Sec. 406.)
12340	12340	Sec. 362.052. LIABILITY FOR FAILURE TO DELIVER ESTATE
12341	12341	PROPERTY. (a) On the final settlement of an estate, if the
12342	12342	personal representative neglects on demand to deliver a portion of
12343	12343	the estate or any money in the representative's possession ordered
12344	12344	to be delivered to a person entitled to that property, the person
12345	12345	may file with the court clerk a written complaint alleging:
12346	12346	(1) the fact of the neglect;
12347	12347	(2) the date of the person's demand; and
12348	12348	(3) other relevant facts.
12349	12349	(b) On the filing of a complaint under Subsection (a), the
12350	12350	court clerk shall issue a citation to be served personally on the
12351	12351	personal representative. The citation must:
12352	12352	(1) apprise the representative of the complaint; and
12353	12353	(2) cite the representative to appear before the court
12354	12354	and answer, if the representative desires, at a time designated in
12355	12355	the citation.
12356	12356	(c) If at the hearing the court finds that the citation was
12357	12357	properly served and returned, and that the personal representative
12358	12358	is guilty of the neglect charged, the court shall enter an order to
12359	12359	that effect.
12360	12360	(d) A personal representative found guilty under Subsection
12361	12361	(c) is liable to the person who filed the complaint under Subsection
12362	12362	(a) for damages at the rate of 10 percent of the amount of the money
12363	12363	or the appraised value of the portion of the estate neglectfully
12364	12364	withheld, per month, for each month or fraction of a month that the
12365	12365	money or portion of the estate is or has been neglectfully withheld
12366	12366	after the date of demand. Damages under this subsection may be
12367	12367	recovered in any court of competent jurisdiction. (Tex. Prob.
12368	12368	Code, Sec. 414.)
12369	12369	[Chapters 363-400 reserved for expansion]
12370	12370	SUBTITLE I. INDEPENDENT ADMINISTRATION
12371	12371	[Chapters 401-450 reserved for expansion]
12372	12372	SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF
12373	12373	CERTAIN ESTATES
12374	12374	CHAPTER 451. ORDER OF NO ADMINISTRATION
12375	12375	Sec. 451.001. APPLICATION FOR FAMILY ALLOWANCE AND
12376	12376	ORDER OF NO ADMINISTRATION
12377	12377	Sec. 451.002. HEARING AND ORDER
12378	12378	Sec. 451.003. EFFECT OF ORDER
12379	12379	Sec. 451.004. PROCEEDING TO REVOKE ORDER
12380	12380	CHAPTER 451. ORDER OF NO ADMINISTRATION
12381	12381	Sec. 451.001. APPLICATION FOR FAMILY ALLOWANCE AND ORDER OF
12382	12382	NO ADMINISTRATION. (a) If the value of the entire assets of an
12383	12383	estate, excluding homestead and exempt property, does not exceed
12384	12384	the amount to which the surviving spouse and minor children of the
12385	12385	decedent are entitled as a family allowance, an application may be
12386	12386	filed by or on behalf of the surviving spouse or minor children
12387	12387	requesting a court to make a family allowance and to enter an order
12388	12388	that no administration of the decedent's estate is necessary.
12389	12389	(b) The application may be filed:
12390	12390	(1) in any court in which venue is proper for
12391	12391	administration; or
12392	12392	(2) if an application for the appointment of a
12393	12393	personal representative has been filed but not yet granted, in the
12394	12394	court in which the application is filed.
12395	12395	(c) The application must:
12396	12396	(1) state the names of the heirs or devisees;
12397	12397	(2) list, to the extent known, estate creditors
12398	12398	together with the amounts of the claims; and
12399	12399	(3) describe all property belonging to the estate,
12400	12400	together with:
12401	12401	(A) the estimated value of the property according
12402	12402	to the best knowledge and information of the applicant; and
12403	12403	(B) the liens and encumbrances on the property.
12404	12404	(d) The application must also include a prayer that the
12405	12405	court make a family allowance and that, if the family allowance
12406	12406	exhausts the entire assets of the estate, excluding homestead and
12407	12407	exempt property, the entire assets of the estate be set aside to the
12408	12408	surviving spouse and minor children, as with other family
12409	12409	allowances provided for by Subchapter C, Chapter 353. (Tex. Prob.
12410	12410	Code, Sec. 139.)
12411	12411	Sec. 451.002. HEARING AND ORDER. (a) On the filing of an
12412	12412	application under Section 451.001, the court may hear the
12413	12413	application:
12414	12414	(1) promptly without notice; or
12415	12415	(2) at a time and with notice as required by the court.
12416	12416	(b) On the hearing of the application, if the court finds
12417	12417	that the facts contained in the application are true and that the
12418	12418	expenses of last illness, funeral charges, and expenses of the
12419	12419	proceeding have been paid or secured, the court shall:
12420	12420	(1) make a family allowance; and
12421	12421	(2) if the entire assets of the estate, excluding
12422	12422	homestead and exempt property, are exhausted by the family
12423	12423	allowance made under Subdivision (1):
12424	12424	(A) assign to the surviving spouse and minor
12425	12425	children the entire estate in the same manner and with the same
12426	12426	effect as provided in Subchapter C, Chapter 353, for the making of a
12427	12427	family allowance to the surviving spouse and minor children; and
12428	12428	(B) order that there shall be no administration
12429	12429	of the estate. (Tex. Prob. Code, Sec. 140.)
12430	12430	Sec. 451.003. EFFECT OF ORDER. (a) An order of no
12431	12431	administration issued under Section 451.002(b) constitutes
12432	12432	sufficient legal authority to each person who owes money, has
12433	12433	custody of property, or acts as registrar or transfer agent of any
12434	12434	evidence of interest, indebtedness, property, or right, belonging
12435	12435	to the estate, and to each person purchasing from or otherwise
12436	12436	dealing with the estate, for payment or transfer without
12437	12437	administration to the persons described in the order as entitled to
12438	12438	receive the estate.
12439	12439	(b) The persons described in the order are entitled to
12440	12440	enforce by suit their right to payment or transfer described by this
12441	12441	section. (Tex. Prob. Code, Sec. 141.)
12442	12442	Sec. 451.004. PROCEEDING TO REVOKE ORDER. (a) At any time,
12443	12443	but not later than the first anniversary of the date of entry of an
12444	12444	order of no administration under Section 451.002(b), any interested
12445	12445	person may file an application to revoke the order.
12446	12446	(b) An application to revoke the order must allege that:
12447	12447	(1) other estate property has been discovered,
12448	12448	property belonging to the estate was not included in the
12449	12449	application for no administration, or the property described in the
12450	12450	application for no administration was incorrectly valued; and
12451	12451	(2) if that property were added, included, or
12452	12452	correctly valued, as applicable, the total value of the property
12453	12453	would exceed the amount necessary to justify the court in ordering
12454	12454	no administration.
12455	12455	(c) The court shall revoke the order on proof of any of the
12456	12456	grounds described by Subsection (b).
12457	12457	(d) If the value of any property is contested, the court may
12458	12458	appoint two appraisers to appraise the property in accordance with
12459	12459	the procedure prescribed for inventories and appraisements under
12460	12460	Chapter 309. The appraisement of the appointed appraisers shall be
12461	12461	received in evidence but is not conclusive. (Tex. Prob. Code, Sec.
12462	12462	142.)
12463	12463	CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
12464	12464	SUBCHAPTER A. APPOINTMENT OF TEMPORARY ADMINISTRATOR GENERALLY
12465	12465	Sec. 452.001. DUTY TO APPOINT TEMPORARY ADMINISTRATOR
12466	12466	Sec. 452.002. APPLICATION FOR APPOINTMENT
12467	12467	Sec. 452.003. ORDER OF APPOINTMENT; REQUIREMENTS
12468	12468	Sec. 452.004. TEMPORARY ADMINISTRATOR'S BOND
12469	12469	Sec. 452.005. ISSUANCE OF LETTERS OF TEMPORARY
12470	12470	ADMINISTRATION
12471	12471	Sec. 452.006. NOTICE OF APPOINTMENT
12472	12472	Sec. 452.007. HEARING TO CONTEST APPOINTMENT
12473	12473	Sec. 452.008. PERMANENT APPOINTMENT
12474	12474	[Sections 452.009-452.050 reserved for expansion]
12475	12475	SUBCHAPTER B. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR ADMINISTRATION
12476	12476	OR ADMINISTRATION
12477	12477	Sec. 452.051. APPOINTMENT OF TEMPORARY ADMINISTRATOR
12478	12478	Sec. 452.052. ADDITIONAL POWERS REGARDING CLAIMS
12479	12479	[Sections 452.053-452.100 reserved for expansion]
12480	12480	SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY ADMINISTRATOR
12481	12481	Sec. 452.101. LIMITED POWERS OF TEMPORARY
12482	12482	ADMINISTRATOR
12483	12483	Sec. 452.102. ADDITIONAL BOND FOR EXTENSION OF RIGHTS
12484	12484	AND POWERS
12485	12485	[Sections 452.103-452.150 reserved for expansion]
12486	12486	SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY ADMINISTRATION
12487	12487	Sec. 452.151. ACCOUNTING
12488	12488	Sec. 452.152. CLOSING TEMPORARY ADMINISTRATION
12489	12489	CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
12490	12490	SUBCHAPTER A. APPOINTMENT OF TEMPORARY ADMINISTRATOR GENERALLY
12491	12491	Sec. 452.001. DUTY TO APPOINT TEMPORARY ADMINISTRATOR. A
12492	12492	judge who determines that the interest of a decedent's estate
12493	12493	requires the immediate appointment of a personal representative
12494	12494	shall, by written order, appoint a temporary administrator with
12495	12495	powers limited as the circumstances of the case require. (Tex.
12496	12496	Prob. Code, Sec. 131A(a) (part).)
12497	12497	Sec. 452.002. APPLICATION FOR APPOINTMENT. (a) A person
12498	12498	may file with the court clerk a written application for the
12499	12499	appointment of a temporary administrator of a decedent's estate
12500	12500	under this subchapter.
12501	12501	(b) The application must:
12502	12502	(1) be verified;
12503	12503	(2) include the information required by:
12504	12504	(A) Sections 256.052, 256.053, and 256.054, if
12505	12505	the decedent died testate; or
12506	12506	(B) Section 301.052, if the decedent died
12507	12507	intestate; and
12508	12508	(3) include an affidavit that:
12509	12509	(A) states the name, address, and interest of the
12510	12510	applicant;
12511	12511	(B) states the facts showing an immediate
12512	12512	necessity for the appointment of a temporary administrator;
12513	12513	(C) lists the requested powers and duties of the
12514	12514	temporary administrator;
12515	12515	(D) states that the applicant is entitled to
12516	12516	letters of temporary administration and is not disqualified by law
12517	12517	from serving as a temporary administrator; and
12518	12518	(E) describes the property that the applicant
12519	12519	believes to be in the decedent's estate. (Tex. Prob. Code, Sec.
12520	12520	131A(b).)
12521	12521	Sec. 452.003. ORDER OF APPOINTMENT; REQUIREMENTS. The
12522	12522	order appointing a temporary administrator must:
12523	12523	(1) designate the appointee as "temporary
12524	12524	administrator" of the decedent's estate;
12525	12525	(2) specify the period of the appointment, which may
12526	12526	not exceed 180 days unless the appointment is made permanent under
12527	12527	Section 452.008;
12528	12528	(3) define the powers given to the appointee; and
12529	12529	(4) set the amount of bond to be given by the
12530	12530	appointee. (Tex. Prob. Code, Secs. 131A(a) (part), (c).)
12531	12531	Sec. 452.004. TEMPORARY ADMINISTRATOR'S BOND. (a) In this
12532	12532	section, "business day" means a day other than a Saturday, Sunday,
12533	12533	or holiday recognized by this state.
12534	12534	(b) Not later than the third business day after the date of
12535	12535	the order appointing a temporary administrator, the appointee shall
12536	12536	file with the county clerk a bond in the amount ordered by the
12537	12537	court. (Tex. Prob. Code, Sec. 131A(d).)
12538	12538	Sec. 452.005. ISSUANCE OF LETTERS OF TEMPORARY
12539	12539	ADMINISTRATION. Not later than the third day after the date an
12540	12540	appointee qualifies as temporary administrator, the county clerk
12541	12541	shall issue to the appointee letters of temporary administration
12542	12542	that list the powers to be exercised by the appointee as ordered by
12543	12543	the court. (Tex. Prob. Code, Sec. 131A(e).)
12544	12544	Sec. 452.006. NOTICE OF APPOINTMENT. (a) On the date the
12545	12545	county clerk issues letters of temporary administration:
12546	12546	(1) the county clerk shall post on the courthouse door
12547	12547	a notice of the appointment to all interested persons; and
12548	12548	(2) the appointee shall notify, by certified mail,
12549	12549	return receipt requested, the decedent's known heirs of the
12550	12550	appointment.
12551	12551	(b) A notice required under Subsection (a) must state that:
12552	12552	(1) an heir or other interested person may request a
12553	12553	hearing to contest the appointment not later than the 15th day after
12554	12554	the date the letters of temporary administration are issued;
12555	12555	(2) if no contest is made during the period specified
12556	12556	by the notice, the appointment continues for the period specified
12557	12557	in the order appointing a temporary administrator; and
12558	12558	(3) the court may make the appointment permanent.
12559	12559	(Tex. Prob. Code, Secs. 131A(f), (g), (h).)
12560	12560	Sec. 452.007. HEARING TO CONTEST APPOINTMENT. (a) A
12561	12561	hearing shall be held and a determination made not later than the
12562	12562	10th day after the date an heir or other interested person requests
12563	12563	a hearing to contest the appointment of a temporary administrator.
12564	12564	If a request is not made on or before the 15th day after the date the
12565	12565	letters of temporary administration are issued, the appointment of
12566	12566	a temporary administrator continues for the period specified in the
12567	12567	order, unless the appointment is made permanent under Section
12568	12568	452.008.
12569	12569	(b) While a contest of the appointment of a temporary
12570	12570	administrator is pending, the temporary appointee shall continue to
12571	12571	act as administrator of the estate to the extent of the powers given
12572	12572	by the appointment.
12573	12573	(c) A court that sets aside a temporary administrator's
12574	12574	appointment may require the temporary administrator to prepare and
12575	12575	file, under oath, a complete exhibit of the condition of the estate
12576	12576	and detail any disposition of the estate property made by the
12577	12577	temporary administrator. (Tex. Prob. Code, Sec. 131A(i).)
12578	12578	Sec. 452.008. PERMANENT APPOINTMENT. At the end of a
12579	12579	temporary administrator's period of appointment, the court by
12580	12580	written order may make the appointment permanent if the permanent
12581	12581	appointment is in the interest of the estate. (Tex. Prob. Code,
12582	12582	Sec. 131A(j).)
12583	12583	[Sections 452.009-452.050 reserved for expansion]
12584	12584	SUBCHAPTER B. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL
12585	12585	OR ADMINISTRATION
12586	12586	Sec. 452.051. APPOINTMENT OF TEMPORARY ADMINISTRATOR. (a)
12587	12587	If a contest related to probating a will or granting letters of
12588	12588	administration is pending, the court may appoint a temporary
12589	12589	administrator, with powers limited as the circumstances of the case
12590	12590	require.
12591	12591	(b) The appointment may continue until the contest is
12592	12592	terminated and an executor or administrator with full powers is
12593	12593	appointed.
12594	12594	(c) The power of appointment under this section is in
12595	12595	addition to the court's power of appointment under Subchapter A.
12596	12596	(Tex. Prob. Code, Sec. 132(a).)
12597	12597	Sec. 452.052. ADDITIONAL POWERS REGARDING CLAIMS. (a) A
12598	12598	court that grants temporary administration pending a will contest
12599	12599	or a contest on an application for letters of administration may, at
12600	12600	any time while the contest is pending, give the temporary
12601	12601	administrator all the powers of a permanent administrator regarding
12602	12602	claims against the estate.
12603	12603	(b) If the court gives the temporary administrator powers
12604	12604	described by Subsection (a), the court and the temporary
12605	12605	administrator shall act in the same manner as in permanent
12606	12606	administration in matters such as:
12607	12607	(1) approving or disapproving claims;
12608	12608	(2) paying claims; and
12609	12609	(3) selling property to pay claims.
12610	12610	(c) The court shall require a temporary administrator given
12611	12611	powers described by Subsection (a) to give bond in the full amount
12612	12612	required of a permanent administrator.
12613	12613	(d) This section is cumulative and does not affect the
12614	12614	court's right to order a temporary administrator to perform any
12615	12615	action described by this section in other cases if the action is
12616	12616	necessary or expedient to preserve the estate pending the contest's
12617	12617	final determination. (Tex. Prob. Code, Sec. 132(b).)
12618	12618	[Sections 452.053-452.100 reserved for expansion]
12619	12619	SUBCHAPTER C. POWERS AND DUTIES OF TEMPORARY ADMINISTRATOR
12620	12620	Sec. 452.101. LIMITED POWERS OF TEMPORARY ADMINISTRATOR.
12621	12621	(a) A temporary administrator may exercise only the rights and
12622	12622	powers:
12623	12623	(1) specifically expressed in the court's order
12624	12624	appointing the temporary administrator; or
12625	12625	(2) expressed in the court's subsequent orders.
12626	12626	(b) An act performed by a temporary administrator is void
12627	12627	unless expressly authorized by the court's orders. (Tex. Prob.
12628	12628	Code, Sec. 133 (part).)
12629	12629	Sec. 452.102. ADDITIONAL BOND FOR EXTENSION OF RIGHTS AND
12630	12630	POWERS. A court that extends the rights and powers of a temporary
12631	12631	administrator in an order subsequent to the order appointing the
12632	12632	temporary administrator may require additional bond commensurate
12633	12633	with the extension. (Tex. Prob. Code, Sec. 133 (part).)
12634	12634	[Sections 452.103-452.150 reserved for expansion]
12635	12635	SUBCHAPTER D. EXPIRATION AND CLOSING OF TEMPORARY ADMINISTRATION
12636	12636	Sec. 452.151. ACCOUNTING. At the expiration of a temporary
12637	12637	appointment, the temporary administrator shall file with the court
12638	12638	clerk:
12639	12639	(1) a sworn list of all estate property that has come
12640	12640	into the temporary administrator's possession;
12641	12641	(2) a return of all sales made by the temporary
12642	12642	administrator; and
12643	12643	(3) a full exhibit and account of all the temporary
12644	12644	administrator's acts as temporary administrator. (Tex. Prob. Code,
12645	12645	Sec. 134.)
12646	12646	Sec. 452.152. CLOSING TEMPORARY ADMINISTRATION. (a) The
12647	12647	court shall act on the list, return, exhibit, and account filed
12648	12648	under Section 452.151.
12649	12649	(b) When letters of temporary administration expire or
12650	12650	become ineffective for any cause, the court immediately shall enter
12651	12651	an order requiring the temporary administrator to promptly deliver
12652	12652	the estate remaining in the temporary administrator's possession to
12653	12653	the person legally entitled to possession of the estate.
12654	12654	(c) On proof of delivery under Subsection (b), the temporary
12655	12655	administrator shall be discharged and the sureties on the temporary
12656	12656	administrator's bond shall be released as to any future liability.
12657	12657	(Tex. Prob. Code, Sec. 135.)
12658	12658	CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
12659	12659	Sec. 453.001. EFFECT OF CHAPTER
12660	12660	Sec. 453.002. ADMINISTRATION OF COMMUNITY PROPERTY NOT
12661	12661	NECESSARY
12662	12662	Sec. 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO
12663	12663	ADMINISTRATION IS PENDING
12664	12664	Sec. 453.004. COLLECTION OF UNPAID WAGES IF NO
12665	12665	ADMINISTRATION IS PENDING
12666	12666	Sec. 453.005. REMARRIAGE OF SURVIVING SPOUSE
12667	12667	Sec. 453.006. ACCOUNT OF COMMUNITY DEBTS AND
12668	12668	DISPOSITION OF COMMUNITY PROPERTY
12669	12669	Sec. 453.007. DELIVERY OF COMMUNITY ESTATE ON FINAL
12670	12670	PARTITION
12671	12671	Sec. 453.008. LIABILITY OF SURVIVING SPOUSE FOR LOSS
12672	12672	Sec. 453.009. DISTRIBUTION OF POWERS BETWEEN PERSONAL
12673	12673	REPRESENTATIVE AND SURVIVING SPOUSE
12674	12674	CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
12675	12675	Sec. 453.001. EFFECT OF CHAPTER. This chapter does not
12676	12676	prohibit the administration of community property under other
12677	12677	provisions of this title relating to the administration of an
12678	12678	estate. (Tex. Prob. Code, Sec. 155 (part).)
12679	12679	Sec. 453.002. ADMINISTRATION OF COMMUNITY PROPERTY NOT
12680	12680	NECESSARY. If a spouse dies intestate and the community property
12681	12681	passes to the surviving spouse, no administration of the community
12682	12682	property is necessary. (Tex. Prob. Code, Sec. 155 (part).)
12683	12683	Sec. 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO
12684	12684	ADMINISTRATION IS PENDING. (a) If there is no qualified executor
12685	12685	or administrator of a deceased spouse's estate, the surviving
12686	12686	spouse, as the surviving partner of the marital partnership, may:
12687	12687	(1) sue and be sued to recover community property;
12688	12688	(2) sell, mortgage, lease, and otherwise dispose of
12689	12689	community property to pay community debts;
12690	12690	(3) collect claims due to the community estate; and
12691	12691	(4) exercise other powers as necessary to:
12692	12692	(A) preserve the community property;
12693	12693	(B) discharge community obligations; and
12694	12694	(C) wind up community affairs.
12695	12695	(b) This section does not affect the disposition of the
12696	12696	deceased spouse's property. (Tex. Prob. Code, Secs. 160(a), (c).)
12697	12697	Sec. 453.004. COLLECTION OF UNPAID WAGES IF NO
12698	12698	ADMINISTRATION IS PENDING. (a) If a person who owes money to the
12699	12699	community estate for current wages at the time of a deceased
12700	12700	spouse's death is provided an affidavit stating that the affiant is
12701	12701	the surviving spouse and that no one has qualified as executor or
12702	12702	administrator of the deceased spouse's estate, the person who pays
12703	12703	or delivers to the affiant the deceased spouse's final paycheck for
12704	12704	the wages, including any unpaid sick pay or vacation pay, is
12705	12705	released from liability to the same extent as if the payment or
12706	12706	delivery is made to the deceased spouse's personal representative.
12707	12707	The person is not required to inquire into the truth of the
12708	12708	affidavit.
12709	12709	(b) An affiant to whom the payment or delivery is made under
12710	12710	Subsection (a) is answerable to a person having a prior right and is
12711	12711	accountable to a personal representative who is appointed. The
12712	12712	affiant is liable for any damage or loss to a person that arises
12713	12713	from a payment or delivery made in reliance on the affidavit.
12714	12714	(c) This section does not affect the disposition of the
12715	12715	deceased spouse's property. (Tex. Prob. Code, Secs. 160(b), (c).)
12716	12716	Sec. 453.005. REMARRIAGE OF SURVIVING SPOUSE. The
12717	12717	remarriage of a surviving spouse does not terminate the surviving
12718	12718	spouse's powers as a surviving partner. (Tex. Prob. Code, Sec.
12719	12719	176.)
12720	12720	Sec. 453.006. ACCOUNT OF COMMUNITY DEBTS AND DISPOSITION OF
12721	12721	COMMUNITY PROPERTY. (a) The surviving spouse shall keep a fair and
12722	12722	full account and statement of:
12723	12723	(1) all community debts and expenses paid by the
12724	12724	surviving spouse; and
12725	12725	(2) the disposition made of the community property.
12726	12726	(b) The surviving spouse or personal representative shall
12727	12727	keep a separate, distinct account of all community debts allowed or
12728	12728	paid in the administration and settlement of an estate described by
12729	12729	Sections 101.052(a) and (b). (Tex. Prob. Code, Secs. 156 (part),
12730	12730	168 (part).)
12731	12731	Sec. 453.007. DELIVERY OF COMMUNITY ESTATE ON FINAL
12732	12732	PARTITION. On final partition of the community estate, the
12733	12733	surviving spouse shall deliver to the deceased spouse's heirs or
12734	12734	devisees their interest in the estate, and the increase in and
12735	12735	profits of the interest, after deducting from the interest:
12736	12736	(1) the proportion of the community debts chargeable
12737	12737	to the interest;
12738	12738	(2) unavoidable losses;
12739	12739	(3) necessary and reasonable expenses; and
12740	12740	(4) a reasonable commission for the management of the
12741	12741	interest. (Tex. Prob. Code, Sec. 168 (part).)
12742	12742	Sec. 453.008. LIABILITY OF SURVIVING SPOUSE FOR LOSS. A
12743	12743	surviving spouse is not liable for a loss sustained by the community
12744	12744	estate unless the surviving spouse is guilty of gross negligence or
12745	12745	bad faith. (Tex. Prob. Code, Sec. 168 (part).)
12746	12746	Sec. 453.009. DISTRIBUTION OF POWERS BETWEEN PERSONAL
12747	12747	REPRESENTATIVE AND SURVIVING SPOUSE. (a) A qualified personal
12748	12748	representative of a deceased spouse's estate may administer:
12749	12749	(1) the separate property of the deceased spouse;
12750	12750	(2) the community property that was by law under the
12751	12751	management of the deceased spouse during the marriage; and
12752	12752	(3) the community property that was by law under the
12753	12753	joint control of the spouses during the marriage.
12754	12754	(b) The surviving spouse, as surviving partner of the
12755	12755	marital partnership, is entitled to:
12756	12756	(1) retain possession and control of the community
12757	12757	property that was legally under the sole management of the
12758	12758	surviving spouse during the marriage; and
12759	12759	(2) exercise over that property any power this chapter
12760	12760	authorizes the surviving spouse to exercise if there is no
12761	12761	administration pending on the deceased spouse's estate.
12762	12762	(c) The surviving spouse, by written instrument filed with
12763	12763	the clerk, may waive any right to exercise powers as community
12764	12764	survivor. If the surviving spouse files a waiver under this
12765	12765	subsection, the deceased spouse's personal representative may
12766	12766	administer the entire community estate. (Tex. Prob. Code, Sec.
12767	12767	177.)
12768	12768	CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
12769	12769	SUBCHAPTER A. ESTATES OF PERSONS PRESUMED DEAD
12770	12770	Sec. 454.001. APPLICABILITY; DETERMINATION OF DEATH
12771	12771	Sec. 454.002. GRANT OF LETTERS ON PROOF OF DEATH
12772	12772	Sec. 454.003. CITATION AND SEARCH
12773	12773	Sec. 454.004. DISTRIBUTION OF ESTATE
12774	12774	[Sections 454.005-454.050 reserved for expansion]
12775	12775	SUBCHAPTER B. PERSONS PRESUMED DEAD BUT SUBSEQUENTLY
12776	12776	PROVED LIVING
12777	12777	Sec. 454.051. RESTORATION OF ESTATE
12778	12778	Sec. 454.052. LIABILITY OF PERSONAL REPRESENTATIVE AND
12779	12779	NOT VOIDED
12780	12780	CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
12781	12781	SUBCHAPTER A. ESTATES OF PERSONS PRESUMED DEAD
12782	12782	Sec. 454.001. APPLICABILITY; DETERMINATION OF DEATH. (a)
12783	12783	This subchapter applies in a proceeding to probate a person's will
12784	12784	or administer a person's estate if there is no direct evidence that
12785	12785	the person is dead.
12786	12786	(b) The court has jurisdiction to determine the fact, time,
12787	12787	and place of the person's death. (Tex. Prob. Code, Sec. 72(a)
12788	12788	(part).)
12789	12789	Sec. 454.002. GRANT OF LETTERS ON PROOF OF DEATH. On
12790	12790	application for the grant of letters testamentary or of
12791	12791	administration for the estate of a person presumed to be dead, the
12792	12792	court shall grant the letters if the death of the person is proved
12793	12793	by circumstantial evidence to the court's satisfaction. (Tex.
12794	12794	Prob. Code, Sec. 72(a) (part).)
12795	12795	Sec. 454.003. CITATION AND SEARCH. (a) If the fact of a
12796	12796	person's death must be proved by circumstantial evidence under
12797	12797	Section 454.002, at the request of any interested person, the court
12798	12798	may order that a citation be issued to the person presumed dead and
12799	12799	that the citation be served on the person by publication and posting
12800	12800	and by additional methods as directed by the order.
12801	12801	(b) After letters testamentary or of administration are
12802	12802	issued, the court may also direct:
12803	12803	(1) the personal representative to search for the
12804	12804	person presumed dead by notifying law enforcement agencies and
12805	12805	public welfare agencies in appropriate locations that the person
12806	12806	has disappeared; and
12807	12807	(2) the applicant to engage the services of an
12808	12808	investigative agency to search for the person presumed dead.
12809	12809	(c) The expense of a search or notice under this section
12810	12810	shall be taxed to the estate as a cost and paid out of the estate
12811	12811	property. (Tex. Prob. Code, Sec. 72(b).)
12812	12812	Sec. 454.004. DISTRIBUTION OF ESTATE. The personal
12813	12813	representative of the estate of a person presumed dead may not
12814	12814	distribute the estate to the persons entitled to the estate until
12815	12815	the third anniversary of the date the court granted the letters
12816	12816	under Section 454.002. (Tex. Prob. Code, Sec. 72(a) (part).)
12817	12817	[Sections 454.005-454.050 reserved for expansion]
12818	12818	SUBCHAPTER B. PERSONS PRESUMED DEAD BUT SUBSEQUENTLY
12819	12819	PROVED LIVING
12820	12820	Sec. 454.051. RESTORATION OF ESTATE. (a) Except as
12821	12821	provided by Subsection (b), a person who was proved by
12822	12822	circumstantial evidence to be dead under Section 454.002 and who,
12823	12823	in a subsequent action, is proved by direct evidence to have been
12824	12824	living at any time after the date the court granted the letters
12825	12825	under that section, is entitled to restoration of the person's
12826	12826	estate or the residue of the person's estate, including the rents
12827	12827	and profits from the estate.
12828	12828	(b) For estate property sold by the personal representative
12829	12829	of the estate, a distributee, or a distributee's successors or
12830	12830	assignees to a bona fide purchaser for value, the right of a person
12831	12831	to restoration is limited to the proceeds of the sale or the residue
12832	12832	of the sold property with any increase of the proceeds or the
12833	12833	residue. (Tex. Prob. Code, Sec. 72(a) (part).)
12834	12834	Sec. 454.052. LIABILITY OF PERSONAL REPRESENTATIVE AND
12835	12835	OTHERS ACTING UNDER COURT ORDER; BONDS NOT VOIDED. (a) Anyone,
12836	12836	including a personal representative, who delivered to another the
12837	12837	estate or any part of the estate of a person who was proved by
12838	12838	circumstantial evidence to be dead under Section 454.002 and who,
12839	12839	in a subsequent action, is proved by direct evidence to have been
12840	12840	living at any time after the date the court granted the letters
12841	12841	testamentary or of administration under that section is not liable
12842	12842	for any part of the estate delivered in accordance with the court's
12843	12843	order.
12844	12844	(b) Subject to Subsection (c), the bond of a personal
12845	12845	representative of the estate of a person described by Subsection
12846	12846	(a) is not void in any event.
12847	12847	(c) A surety is not liable for any act of the personal
12848	12848	representative that was done in compliance with or approved by the
12849	12849	court's order. (Tex. Prob. Code, Sec. 72(a) (part).)
12850	12850	[Chapters 455-500 reserved for expansion]
12851	12851	SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY INSTRUMENTS, AND FIDUCIARIES
12852	12852	FIDUCIARIES
12853	12853	CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
12854	12854	Sec. 501.001. AUTHORITY FOR ANCILLARY PROBATE OF
12855	12855	FOREIGN WILL
12856	12856	Sec. 501.002. APPLICATION FOR ANCILLARY PROBATE OF
12857	12857	FOREIGN WILL
12858	12858	Sec. 501.003. CITATION AND NOTICE
12859	12859	Sec. 501.004. RECORDING BY CLERK
12860	12860	Sec. 501.005. EFFECT OF FILING AND RECORDING FOREIGN
12861	12861	WILL
12862	12862	Sec. 501.006. ANCILLARY LETTERS TESTAMENTARY
12863	12863	Sec. 501.007. EFFECT ON PROPERTY
12864	12864	Sec. 501.008. SETTING ASIDE OF CERTAIN FOREIGN WILLS
12865	12865	CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
12866	12866	Sec. 501.001. AUTHORITY FOR ANCILLARY PROBATE OF FOREIGN
12867	12867	WILL. The written will of a testator who was not domiciled in this
12868	12868	state at the time of the testator's death may be admitted to probate
12869	12869	in this state if:
12870	12870	(1) the will would affect any property in this state;
12871	12871	and
12872	12872	(2) proof is presented that the will stands probated
12873	12873	or otherwise established in any state of the United States or a
12874	12874	foreign nation. (Tex. Prob. Code, Sec. 95(a).)
12875	12875	Sec. 501.002. APPLICATION FOR ANCILLARY PROBATE OF FOREIGN
12876	12876	WILL. (a) An application for ancillary probate in this state of a
12877	12877	foreign will admitted to probate or otherwise established in the
12878	12878	jurisdiction in which the testator was domiciled at the time of the
12879	12879	testator's death is required to indicate only that probate in this
12880	12880	state is requested on the basis of the authenticated copy of the
12881	12881	foreign proceedings in which the will was admitted to probate or
12882	12882	otherwise established.
12883	12883	(b) An application for ancillary probate in this state of a
12884	12884	foreign will that has been admitted to probate or otherwise
12885	12885	established in a jurisdiction other than the jurisdiction in which
12886	12886	the testator was domiciled at the time of the testator's death must:
12887	12887	(1) include all information required for an
12888	12888	application for probate of a domestic will; and
12889	12889	(2) state the name and address of:
12890	12890	(A) each devisee; and
12891	12891	(B) each person who would be entitled to a
12892	12892	portion of the estate as an heir in the absence of a will.
12893	12893	(c) An application described by Subsection (a) or (b) must
12894	12894	include for filing a copy of the foreign will and the judgment,
12895	12895	order, or decree by which the will was admitted to probate or
12896	12896	otherwise established. The copy must:
12897	12897	(1) be attested by and with the original signature of
12898	12898	the court clerk or other official who has custody of the will or who
12899	12899	is in charge of probate records;
12900	12900	(2) include a certificate with the original signature
12901	12901	of the judge or presiding magistrate of the court stating that the
12902	12902	attestation is in proper form; and
12903	12903	(3) have the court seal affixed, if a court seal
12904	12904	exists. (Tex. Prob. Code, Secs. 95(b)(1) (part), (2) (part), (c)
12905	12905	(part).)
12906	12906	Sec. 501.003. CITATION AND NOTICE. (a) Citation or notice
12907	12907	is not required for an application described by Section 501.002(a).
12908	12908	(b) For an application described by Section 501.002(b), a
12909	12909	citation shall be issued and served by registered or certified mail
12910	12910	on each devisee and heir identified in the application. (Tex. Prob.
12911	12911	Code, Secs. 95(b)(1) (part), (2) (part).)
12912	12912	Sec. 501.004. RECORDING BY CLERK. (a) If a foreign will
12913	12913	submitted for ancillary probate in this state has been admitted to
12914	12914	probate or otherwise established in the jurisdiction in which the
12915	12915	testator was domiciled at the time of the testator's death, it is
12916	12916	the ministerial duty of the court clerk to record the will and the
12917	12917	evidence of the will's probate or other establishment in the
12918	12918	minutes of the court.
12919	12919	(b) If a foreign will submitted for ancillary probate in
12920	12920	this state has been admitted to probate or otherwise established in
12921	12921	a jurisdiction other than the jurisdiction in which the testator
12922	12922	was domiciled at the time of the testator's death, and a contest
12923	12923	against the ancillary probate is not filed as authorized by Chapter
12924	12924	504, the court clerk shall record the will and the evidence of the
12925	12925	will's probate or other establishment in the minutes of the court.
12926	12926	(c) A court order is not necessary for the recording of a
12927	12927	foreign will in accordance with this section. (Tex. Prob. Code,
12928	12928	Secs. 95(d)(1) (part), (2) (part).)
12929	12929	Sec. 501.005. EFFECT OF FILING AND RECORDING FOREIGN WILL.
12930	12930	On filing and recording a foreign will in accordance with this
12931	12931	chapter, the foreign will:
12932	12932	(1) is considered to be admitted to probate; and
12933	12933	(2) has the same effect for all purposes as if the
12934	12934	original will had been admitted to probate by order of a court of
12935	12935	this state, subject to contest in the manner and to the extent
12936	12936	provided by Chapter 504. (Tex. Prob. Code, Secs. 95(d)(1) (part),
12937	12937	(2) (part).)
12938	12938	Sec. 501.006. ANCILLARY LETTERS TESTAMENTARY. (a) On
12939	12939	application, an executor named in a foreign will admitted to
12940	12940	ancillary probate in this state in accordance with this chapter is
12941	12941	entitled to receive ancillary letters testamentary on proof made to
12942	12942	the court that:
12943	12943	(1) the executor has qualified to serve as executor in
12944	12944	the jurisdiction in which the will was previously admitted to
12945	12945	probate or otherwise established; and
12946	12946	(2) the executor is not disqualified from serving in
12947	12947	that capacity in this state.
12948	12948	(b) After the proof required by Subsection (a) is made, the
12949	12949	court shall enter an order directing that ancillary letters
12950	12950	testamentary be issued to the executor. The court shall revoke any
12951	12951	letters of administration previously issued by the court to any
12952	12952	other person on application of the executor after personal service
12953	12953	of citation on the person to whom the letters were issued. (Tex.
12954	12954	Prob. Code, Sec. 105.)
12955	12955	Sec. 501.007. EFFECT ON PROPERTY. A foreign will admitted
12956	12956	to ancillary probate in this state as provided by this chapter after
12957	12957	having been admitted to probate or otherwise established in the
12958	12958	jurisdiction in which the testator was domiciled at the time of the
12959	12959	testator's death is effective to dispose of property in this state
12960	12960	regardless of whether the will was executed with the formalities
12961	12961	required by this title. (Tex. Prob. Code, Sec. 95(e).)
12962	12962	Sec. 501.008. SETTING ASIDE OF CERTAIN FOREIGN WILLS. (a)
12963	12963	This section applies only to a foreign will admitted to ancillary
12964	12964	probate in this state, in accordance with the procedures prescribed
12965	12965	by this chapter, based on the previous probate or other
12966	12966	establishment of the will in the jurisdiction in which the testator
12967	12967	was domiciled at the time of the testator's death.
12968	12968	(b) The admission to probate in this state of a foreign will
12969	12969	to which this section applies shall be set aside if it is
12970	12970	subsequently proven in a proceeding brought for that purpose that
12971	12971	the foreign jurisdiction in which the will was admitted to probate
12972	12972	or otherwise established was not in fact the domicile of the
12973	12973	testator at the time of the testator's death.
12974	12974	(c) The title or rights of a person who, before commencement
12975	12975	of a proceeding to set aside the admission to probate of a foreign
12976	12976	will under this section, purchases property in good faith and for
12977	12977	value from the personal representative or a devisee or otherwise
12978	12978	deals in good faith with the personal representative or a devisee
12979	12979	are not affected by the subsequent setting aside of the admission to
12980	12980	probate in this state. (Tex. Prob. Code, Sec. 95(f).)
12981	12981	CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
12982	12982	Sec. 502.001. ORIGINAL PROBATE OF FOREIGN WILL
12983	12983	AUTHORIZED
12984	12984	Sec. 502.002. PROOF OF FOREIGN WILL IN ORIGINAL
12985	12985	PROBATE PROCEEDING
12986	12986	CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
12987	12987	Sec. 502.001. ORIGINAL PROBATE OF FOREIGN WILL AUTHORIZED.
12988	12988	(a) This section applies only to a will of a testator who dies
12989	12989	domiciled outside of this state that:
12990	12990	(1) on probate, may operate on any property in this
12991	12991	state; and
12992	12992	(2) is valid under the laws of this state.
12993	12993	(b) A court may grant original probate of a will described
12994	12994	by Subsection (a) in the same manner as the court grants the probate
12995	12995	of other wills under this title if the will:
12996	12996	(1) has not been rejected from probate or
12997	12997	establishment in the jurisdiction in which the testator died
12998	12998	domiciled; or
12999	12999	(2) has been rejected from probate or establishment in
13000	13000	the jurisdiction in which the testator died domiciled solely for a
13001	13001	cause that is not a ground for rejection of a will of a testator who
13002	13002	died domiciled in this state.
13003	13003	(c) A court may delay passing on an application for probate
13004	13004	of a foreign will pending the result of probate or establishment, or
13005	13005	of a contest of probate or establishment, in the jurisdiction in
13006	13006	which the testator died domiciled. (Tex. Prob. Code, Sec. 103.)
13007	13007	Sec. 502.002. PROOF OF FOREIGN WILL IN ORIGINAL PROBATE
13008	13008	PROCEEDING. (a) A copy of the will of a testator who dies domiciled
13009	13009	outside of this state, authenticated in the manner required by this
13010	13010	title, is sufficient proof of the contents of the will to admit the
13011	13011	will to probate in an original proceeding in this state if an
13012	13012	objection to the will is not made.
13013	13013	(b) This section does not:
13014	13014	(1) authorize the probate of a will that would not
13015	13015	otherwise be admissible to probate; or
13016	13016	(2) if an objection is made to a will, relieve the
13017	13017	proponent from offering proof of the contents and legal sufficiency
13018	13018	of the will as otherwise required.
13019	13019	(c) Subsection (b)(2) does not require the proponent to
13020	13020	produce the original will unless ordered by the court. (Tex. Prob.
13021	13021	Code, Sec. 104.)
13022	13022	CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
13023	13023	SUBCHAPTER A. REQUIREMENTS FOR RECORDING FOREIGN TESTAMENTARY INSTRUMENT
13024	13024	INSTRUMENT
13025	13025	Sec. 503.001. AUTHORIZATION TO RECORD CERTAIN FOREIGN
13026	13026	RECORDS
13027	13027	Sec. 503.002. ORIGINAL SIGNATURES NOT REQUIRED
13028	13028	Sec. 503.003. CONTEST OF RECORDED FOREIGN TESTAMENTARY
13029	13029	INSTRUMENT PERMITTED
13030	13030	[Sections 503.004-503.050 reserved for expansion]
13031	13031	SUBCHAPTER B. EFFECTS OF RECORDED FOREIGN
13032	13032	TESTAMENTARY INSTRUMENT
13033	13033	Sec. 503.051. RECORDED FOREIGN TESTAMENTARY INSTRUMENT
13034	13034	AS CONVEYANCE
13035	13035	Sec. 503.052. RECORDED FOREIGN TESTAMENTARY INSTRUMENT
13036	13036	AS NOTICE OF TITLE
13037	13037	CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
13038	13038	SUBCHAPTER A. REQUIREMENTS FOR RECORDING FOREIGN TESTAMENTARY
13039	13039	INSTRUMENT
13040	13040	Sec. 503.001. AUTHORIZATION TO RECORD CERTAIN FOREIGN
13041	13041	TESTAMENTARY INSTRUMENTS IN DEED RECORDS. (a) A copy of a will or
13042	13042	other testamentary instrument that conveys, or in any other manner
13043	13043	disposes of, land in this state and that has been probated according
13044	13044	to the laws of any state of the United States or a country other than
13045	13045	the United States, along with a copy of the judgment, order, or
13046	13046	decree by which the instrument was admitted to probate that has the
13047	13047	attestation, seal, and certificate required by Section 501.002(c),
13048	13048	may be filed and recorded in the deed records in any county in this
13049	13049	state in which the land is located:
13050	13050	(1) without further proof or authentication, subject
13051	13051	to Section 503.003; and
13052	13052	(2) in the same manner as a deed or conveyance is
13053	13053	required to be recorded under the laws of this state.
13054	13054	(b) A copy of a will or other testamentary instrument
13055	13055	described by Subsection (a), along with a copy of the judgment,
13056	13056	order, or decree by which the instrument was admitted to probate
13057	13057	that has the attestation and certificate required by Section
13058	13058	501.002(c), is:
13059	13059	(1) prima facie evidence that the instrument has been
13060	13060	admitted to probate according to the laws of the state or country in
13061	13061	which it was allegedly admitted to probate; and
13062	13062	(2) sufficient to authorize the instrument and the
13063	13063	judgment, order, or decree to be recorded in the deed records in the
13064	13064	proper county or counties in this state. (Tex. Prob. Code, Secs. 96
13065	13065	(part), 97.)
13066	13066	Sec. 503.002. ORIGINAL SIGNATURES NOT REQUIRED.
13067	13067	Notwithstanding Section 501.002(c), the original signatures
13068	13068	required by that section may not be required for a recordation in
13069	13069	the deed records in accordance with Section 503.001 or for a purpose
13070	13070	described by Section 503.051 or 503.052. (Tex. Prob. Code, Sec.
13071	13071	95(c) (part).)
13072	13072	Sec. 503.003. CONTEST OF RECORDED FOREIGN TESTAMENTARY
13073	13073	INSTRUMENT PERMITTED. The validity of a will or other testamentary
13074	13074	instrument, a copy of which is filed and recorded as provided by
13075	13075	Section 503.001, may be contested in the manner and to the extent
13076	13076	provided by Subchapter A, Chapter 504. (Tex. Prob. Code, Sec. 96
13077	13077	(part).)
13078	13078	[Sections 503.004-503.050 reserved for expansion]
13079	13079	SUBCHAPTER B. EFFECTS OF RECORDED FOREIGN
13080	13080	TESTAMENTARY INSTRUMENT
13081	13081	Sec. 503.051. RECORDED FOREIGN TESTAMENTARY INSTRUMENT AS
13082	13082	CONVEYANCE. A copy of a foreign will or other testamentary
13083	13083	instrument described by Section 503.001 and the copy of the
13084	13084	judgment, order, or decree by which the instrument was admitted to
13085	13085	probate that are attested and proved as provided by that section and
13086	13086	delivered to the county clerk of the proper county in this state to
13087	13087	be recorded in the deed records:
13088	13088	(1) take effect and are valid as a deed of conveyance
13089	13089	of all property in this state covered by the instrument; and
13090	13090	(2) have the same effect as a recorded deed or other
13091	13091	conveyance of land beginning at the time the instrument is
13092	13092	delivered to the clerk to be recorded. (Tex. Prob. Code, Sec. 98.)
13093	13093	Sec. 503.052. RECORDED FOREIGN TESTAMENTARY INSTRUMENT AS
13094	13094	NOTICE OF TITLE. A copy of a foreign will or other testamentary
13095	13095	instrument described by Section 503.001 and the copy of the
13096	13096	judgment, order, or decree by which the instrument was admitted to
13097	13097	probate that is attested and proved as provided by that section and
13098	13098	filed for recording in the deed records of the proper county in this
13099	13099	state constitute notice to all persons of the:
13100	13100	(1) existence of the instrument; and
13101	13101	(2) title or titles conferred by the instrument.
13102	13102	(Tex. Prob. Code, Sec. 99.)
13103	13103	CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN TESTAMENTARY INSTRUMENT
13104	13104	INSTRUMENT
13105	13105	SUBCHAPTER A. CONTEST OR SETTING ASIDE PROBATE OF FOREIGN WILL IN THIS STATE
13106	13106	THIS STATE
13107	13107	Sec. 504.001. GROUNDS FOR CONTESTING FOREIGN WILL
13108	13108	PROBATED IN DOMICILIARY JURISDICTION
13109	13109	Sec. 504.002. GROUNDS FOR CONTESTING FOREIGN WILL
13110	13110	JURISDICTION
13111	13111	Sec. 504.003. PROCEDURES AND TIME LIMITS FOR
13112	13112	CONTESTING FOREIGN WILL
13113	13113	Sec. 504.004. PROBATE OF FOREIGN WILL SET ASIDE FOR
13114	13114	LACK OF SERVICE
13115	13115	[Sections 504.005-504.050 reserved for expansion]
13116	13116	SUBCHAPTER B. CONTEST OR FINAL REJECTION IN FOREIGN JURISDICTION
13117	13117	Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN
13118	13118	JURISDICTION
13119	13119	Sec. 504.052. EFFECT OF NOTICE
13120	13120	Sec. 504.053. EFFECT OF REJECTION OF TESTAMENTARY
13121	13121	INSTRUMENT BY FOREIGN JURISDICTION
13122	13122	CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN TESTAMENTARY
13123	13123	INSTRUMENT
13124	13124	SUBCHAPTER A. CONTEST OR SETTING ASIDE PROBATE OF FOREIGN WILL IN
13125	13125	THIS STATE
13126	13126	Sec. 504.001. GROUNDS FOR CONTESTING FOREIGN WILL PROBATED
13127	13127	IN DOMICILIARY JURISDICTION. (a) Subject to Subsection (b), an
13128	13128	interested person may contest a foreign will that has been:
13129	13129	(1) admitted to probate or established in the
13130	13130	jurisdiction in which the testator was domiciled at the time of the
13131	13131	testator's death; and
13132	13132	(2) admitted to probate in this state or filed in the
13133	13133	deed records of any county of this state.
13134	13134	(b) A will described by Subsection (a) may be contested only
13135	13135	on the grounds that:
13136	13136	(1) the proceedings in the jurisdiction in which the
13137	13137	testator was domiciled at the time of the testator's death were not
13138	13138	authenticated in the manner required for ancillary probate or
13139	13139	recording in the deed records in this state;
13140	13140	(2) the will has been finally rejected for probate in
13141	13141	this state in another proceeding; or
13142	13142	(3) the probate of the will has been set aside in the
13143	13143	jurisdiction in which the testator was domiciled at the time of the
13144	13144	testator's death. (Tex. Prob. Code, Sec. 100(a).)
13145	13145	Sec. 504.002. GROUNDS FOR CONTESTING FOREIGN WILL PROBATED
13146	13146	IN NON-DOMICILIARY JURISDICTION. A foreign will admitted to
13147	13147	probate or established in any jurisdiction other than the
13148	13148	jurisdiction in which the testator was domiciled at the time of the
13149	13149	testator's death may be contested on any grounds that are the basis
13150	13150	for the contest of a domestic will. (Tex. Prob. Code, Sec. 100(b)
13151	13151	(part).)
13152	13152	Sec. 504.003. PROCEDURES AND TIME LIMITS FOR CONTESTING
13153	13153	FOREIGN WILL. (a) The probate in this state of a foreign will
13154	13154	probated or established in a jurisdiction other than the
13155	13155	jurisdiction in which the testator was domiciled at the time of the
13156	13156	testator's death may be contested in the manner that would apply if
13157	13157	the testator had been domiciled in this state at the time of the
13158	13158	testator's death.
13159	13159	(b) A foreign will admitted to ancillary probate in this
13160	13160	state or filed in the deed records of any county of this state may be
13161	13161	contested using the same procedures and within the same time limits
13162	13162	applicable to the contest of a will admitted to original probate in
13163	13163	this state. (Tex. Prob. Code, Secs. 95(d)(2) (part), 100(c).)
13164	13164	Sec. 504.004. PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF
13165	13165	SERVICE. (a) The probate in this state of a foreign will shall be
13166	13166	set aside if:
13167	13167	(1) the will was probated in this state:
13168	13168	(A) in accordance with the procedure applicable
13169	13169	to the probate of a will admitted to probate in the jurisdiction in
13170	13170	which the testator was domiciled at the time of the testator's
13171	13171	death; and
13172	13172	(B) without the service of citation required for
13173	13173	a will admitted to probate in another jurisdiction that was not the
13174	13174	testator's domicile at the time of the testator's death; and
13175	13175	(2) it is proved that the foreign jurisdiction in
13176	13176	which the will was probated was not the testator's domicile at the
13177	13177	time of the testator's death.
13178	13178	(b) If otherwise entitled, a will the probate of which is
13179	13179	set aside in accordance with Subsection (a) may be:
13180	13180	(1) reprobated in accordance with the procedure
13181	13181	prescribed for the probate of a will admitted in a jurisdiction that
13182	13182	was not the testator's domicile at the time of the testator's death;
13183	13183	or
13184	13184	(2) admitted to original probate in this state in the
13185	13185	proceeding in which the ancillary probate was set aside or in a
13186	13186	subsequent proceeding. (Tex. Prob. Code, Sec. 100(b) (part).)
13187	13187	[Sections 504.005-504.050 reserved for expansion]
13188	13188	SUBCHAPTER B. CONTEST OR FINAL REJECTION IN FOREIGN JURISDICTION
13189	13189	Sec. 504.051. NOTICE OF WILL CONTEST IN FOREIGN
13190	13190	JURISDICTION. Verified notice that a proceeding to contest a will
13191	13191	probated or established in a foreign jurisdiction has been
13192	13192	commenced in that jurisdiction may be filed and recorded in the
13193	13193	minutes of the court in this state in which the foreign will was
13194	13194	probated, or in the deed records of any county of this state in
13195	13195	which the foreign will was recorded, within the time limits for the
13196	13196	contest of a foreign will in this state. (Tex. Prob. Code, Sec. 101
13197	13197	(part).)
13198	13198	Sec. 504.052. EFFECT OF NOTICE. After a notice is filed and
13199	13199	recorded under Section 504.051, the probate or recording in this
13200	13200	state of the foreign will that is the subject of the notice has no
13201	13201	effect until verified proof is filed and recorded that the foreign
13202	13202	proceedings:
13203	13203	(1) have been terminated in favor of the will; or
13204	13204	(2) were never commenced. (Tex. Prob. Code, Sec. 101
13205	13205	(part).)
13206	13206	Sec. 504.053. EFFECT OF REJECTION OF TESTAMENTARY
13207	13207	INSTRUMENT BY FOREIGN JURISDICTION. (a) Except as provided by
13208	13208	Subsection (b), final rejection of a will or other testamentary
13209	13209	instrument from probate or establishment in a foreign jurisdiction
13210	13210	in which the testator was domiciled at the time of the testator's
13211	13211	death is conclusive in this state.
13212	13212	(b) A will or other testamentary instrument that is finally
13213	13213	rejected from probate or establishment in a foreign jurisdiction in
13214	13214	which the testator was domiciled at the time of the testator's death
13215	13215	may be admitted to probate or continue to be effective in this state
13216	13216	if the will or other instrument was rejected solely for a cause that
13217	13217	is not a ground for rejection of a will of a testator who died
13218	13218	domiciled in this state. (Tex. Prob. Code, Sec. 102.)
13219	13219	CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES, AND FIDUCIARIES
13220	13220	FIDUCIARIES
13221	13221	SUBCHAPTER A. FOREIGN CORPORATE FIDUCIARY
13222	13222	Sec. 505.001. DEFINITION
13223	13223	Sec. 505.002. APPLICABILITY OF OTHER LAW
13224	13224	Sec. 505.003. AUTHORITY OF FOREIGN CORPORATE FIDUCIARY
13225	13225	TO SERVE IN FIDUCIARY CAPACITY
13226	13226	Sec. 505.004. FILING REQUIREMENTS; DESIGNATION
13227	13227	Sec. 505.005. SERVICE OF NOTICE OR PROCESS ON
13228	13228	SECRETARY OF STATE
13229	13229	Sec. 505.006. CRIMINAL PENALTY; EFFECT OF CONVICTION
13230	13230	[Sections 505.007-505.050 reserved for expansion]
13231	13231	SUBCHAPTER B. FOREIGN EXECUTORS AND TRUSTEES
13232	13232	Sec. 505.051. APPLICABILITY OF BOND REQUIREMENT
13233	13233	Sec. 505.052. POWER TO SELL PROPERTY
13234	13234	[Sections 505.053-505.100 reserved for expansion]
13235	13235	SUBCHAPTER C. RECOVERY OF DEBTS BY FOREIGN EXECUTOR OR ADMINISTRATOR
13236	13236	ADMINISTRATOR
13237	13237	Sec. 505.101. SUIT TO RECOVER DEBT
13238	13238	Sec. 505.102. JURISDICTION
13239	13239	Sec. 505.103. RESTRICTION ON SUIT BROUGHT BY FOREIGN
13240	13240	EXECUTOR OR ADMINISTRATOR
13241	13241	CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES, AND
13242	13242	FIDUCIARIES
13243	13243	SUBCHAPTER A. FOREIGN CORPORATE FIDUCIARY
13244	13244	Sec. 505.001. DEFINITION. In this subchapter, "foreign
13245	13245	corporate fiduciary" means a corporate fiduciary that does not have
13246	13246	its main office or a branch office in this state. (Tex. Prob. Code,
13247	13247	Sec. 105A(a) (part).)
13248	13248	Sec. 505.002. APPLICABILITY OF OTHER LAW. (a) A foreign
13249	13249	corporate fiduciary acting in a fiduciary capacity in this state in
13250	13250	strict accordance with this subchapter:
13251	13251	(1) is not transacting business in this state within
13252	13252	the meaning of Section 9.001, Business Organizations Code; and
13253	13253	(2) is qualified to serve in that capacity under
13254	13254	Section 501.006.
13255	13255	(b) This subchapter is in addition to, and not a limitation
13256	13256	on, Subtitles F and G, Title 3, Finance Code. (Tex. Prob. Code,
13257	13257	Secs. 105A(c), (d).)
13258	13258	Sec. 505.003. AUTHORITY OF FOREIGN CORPORATE FIDUCIARY TO
13259	13259	SERVE IN FIDUCIARY CAPACITY. (a) Subject to Subsections (b) and
13260	13260	(c) and Section 505.004, a foreign corporate fiduciary may be
13261	13261	appointed by will, deed, agreement, declaration, indenture, court
13262	13262	order or decree, or otherwise and may serve in this state in any
13263	13263	fiduciary capacity, including as:
13264	13264	(1) trustee of a personal or corporate trust;
13265	13265	(2) executor;
13266	13266	(3) administrator; or
13267	13267	(4) guardian of the estate.
13268	13268	(b) A foreign corporate fiduciary appointed to serve in a
13269	13269	fiduciary capacity in this state must have the corporate power to
13270	13270	act in that capacity.
13271	13271	(c) This section applies only to the extent that the home
13272	13272	state of the foreign corporate fiduciary appointed to serve in a
13273	13273	fiduciary capacity in this state grants to a corporate fiduciary
13274	13274	whose home state is this state the authority to serve in like
13275	13275	fiduciary capacity. (Tex. Prob. Code, Sec. 105A(a) (part).)
13276	13276	Sec. 505.004. FILING REQUIREMENTS; DESIGNATION. (a) A
13277	13277	foreign corporate fiduciary must file the following documents with
13278	13278	the secretary of state before qualifying or serving in this state in
13279	13279	a fiduciary capacity as authorized by Section 505.003:
13280	13280	(1) a copy of the fiduciary's charter, articles of
13281	13281	incorporation or of association, and all amendments to those
13282	13282	documents, certified by the fiduciary's secretary under the
13283	13283	fiduciary's corporate seal;
13284	13284	(2) a properly executed written instrument that by the
13285	13285	instrument's terms is of indefinite duration and irrevocable,
13286	13286	appointing the secretary of state and the secretary of state's
13287	13287	successors as the fiduciary's agent for service of process on whom
13288	13288	notices and processes issued by a court of this state may be served
13289	13289	in an action or proceeding relating to a trust, estate, fund, or
13290	13290	other matter within this state with respect to which the fiduciary
13291	13291	is acting in a fiduciary capacity, including the acts or defaults of
13292	13292	the fiduciary with respect to that trust, estate, or fund; and
13293	13293	(3) a written certificate of designation specifying
13294	13294	the name and address of the officer, agent, or other person to whom
13295	13295	the secretary of state shall forward notices and processes
13296	13296	described by Subdivision (2).
13297	13297	(b) A foreign corporate fiduciary may change the
13298	13298	certificate of designation under Subsection (a)(3) by filing a new
13299	13299	certificate. (Tex. Prob. Code, Sec. 105A(b) (part).)
13300	13300	Sec. 505.005. SERVICE OF NOTICE OR PROCESS ON SECRETARY OF
13301	13301	STATE. (a) On receipt of a notice or process described by Section
13302	13302	505.004(a)(2), the secretary of state shall promptly forward the
13303	13303	notice or process by registered or certified mail to the officer,
13304	13304	agent, or other person designated by the foreign corporate
13305	13305	fiduciary under Section 505.004 to receive the notice or process.
13306	13306	(b) Service of notice or process described by Section
13307	13307	505.004(a)(2) on the secretary of state as agent for a foreign
13308	13308	corporate fiduciary has the same effect as if personal service had
13309	13309	been had in this state on the foreign corporate fiduciary. (Tex.
13310	13310	Prob. Code, Sec. 105A(b) (part).)
13311	13311	Sec. 505.006. CRIMINAL PENALTY; EFFECT OF CONVICTION. (a)
13312	13312	A foreign corporate fiduciary commits an offense if the fiduciary
13313	13313	violates this subchapter.
13314	13314	(b) An offense under this section is a misdemeanor
13315	13315	punishable by a fine not to exceed $5,000.
13316	13316	(c) On conviction, the court may prohibit a foreign
13317	13317	corporate fiduciary convicted of an offense under this section from
13318	13318	thereafter serving in any fiduciary capacity in this state. (Tex.
13319	13319	Prob. Code, Sec. 105A(e).)
13320	13320	[Sections 505.007-505.050 reserved for expansion]
13321	13321	SUBCHAPTER B. FOREIGN EXECUTORS AND TRUSTEES
13322	13322	Sec. 505.051. APPLICABILITY OF BOND REQUIREMENT. (a) A
13323	13323	foreign executor is not required to give bond if the will appointing
13324	13324	the foreign executor provides that the executor may serve without
13325	13325	bond.
13326	13326	(b) The bond provisions of this title applicable to domestic
13327	13327	representatives apply to a foreign executor if the will appointing
13328	13328	the foreign executor does not exempt the foreign executor from
13329	13329	giving bond. (Tex. Prob. Code, Sec. 106.)
13330	13330	Sec. 505.052. POWER TO SELL PROPERTY. (a) If a foreign
13331	13331	will has been recorded in the deed records of a county in this state
13332	13332	in the manner provided by this subtitle and the will gives an
13333	13333	executor or trustee the power to sell property located in this
13334	13334	state:
13335	13335	(1) an order of a court of this state is not necessary
13336	13336	to authorize the executor or trustee to make the sale and execute
13337	13337	proper conveyance; and
13338	13338	(2) any specific directions the testator gave in the
13339	13339	foreign will respecting the sale of the estate property must be
13340	13340	followed unless the directions have been annulled or suspended by
13341	13341	an order of a court of competent jurisdiction.
13342	13342	(b) Notwithstanding Section 501.002(c), the original
13343	13343	signatures required by that section may not be required for
13344	13344	purposes of this section. (Tex. Prob. Code, Secs. 95(c) (part),
13345	13345	107.)
13346	13346	[Sections 505.053-505.100 reserved for expansion]
13347	13347	SUBCHAPTER C. RECOVERY OF DEBTS BY FOREIGN EXECUTOR OR
13348	13348	ADMINISTRATOR
13349	13349	Sec. 505.101. SUIT TO RECOVER DEBT. (a) On giving notice
13350	13350	by registered or certified mail to all creditors of a decedent in
13351	13351	this state who have filed a claim against the decedent's estate for
13352	13352	a debt due to the creditor, a foreign executor or administrator of a
13353	13353	person who was a nonresident at the time of death may maintain a
13354	13354	suit in this state for the recovery of debts due to the decedent.
13355	13355	(b) The plaintiff's letters testamentary or of
13356	13356	administration granted by a competent tribunal, properly
13357	13357	authenticated, must be filed with the suit. (Tex. Prob. Code, Secs.
13358	13358	107A(a), (b).)
13359	13359	Sec. 505.102. JURISDICTION. (a) A foreign executor or
13360	13360	administrator who files a suit authorized by Section 505.101
13361	13361	submits personally to the jurisdiction of the courts of this state
13362	13362	in a proceeding relating to the recovery of a debt owed to a
13363	13363	resident of this state by the decedent whose estate the executor or
13364	13364	administrator represents.
13365	13365	(b) Jurisdiction under this section is limited to the amount
13366	13366	of money or value of personal property recovered in this state by
13367	13367	the foreign executor or administrator. (Tex. Prob. Code, Sec.
13368	13368	107A(c).)
13369	13369	Sec. 505.103. RESTRICTION ON SUIT BROUGHT BY FOREIGN
13370	13370	EXECUTOR OR ADMINISTRATOR. A suit may not be maintained in this
13371	13371	state by a foreign executor or administrator for a decedent's
13372	13372	estate under this subchapter if there is:
13373	13373	(1) an executor or administrator of the decedent's
13374	13374	estate qualified by a court of this state; or
13375	13375	(2) a pending application in this state for the
13376	13376	appointment of an executor or administrator of the decedent's
13377	13377	estate. (Tex. Prob. Code, Sec. 107A(d).)
13378	13378	[Chapters 506-550 reserved for expansion]
13379	13379	SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY
13380	13380	CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
13381	13381	SUBCHAPTER A. PAYMENT OF CERTAIN FUNDS TO STATE
13382	13382	Sec. 551.001. PAYMENT OF CERTAIN SHARES OF ESTATE TO
13383	13383	STATE
13384	13384	Sec. 551.002. PAYMENT OF PORTION THAT IS IN MONEY
13385	13385	Sec. 551.003. PAYMENT OF PORTION THAT IS NOT IN MONEY
13386	13386	Sec. 551.004. COMPENSATION TO EXECUTOR OR
13387	13387	ADMINISTRATOR
13388	13388	Sec. 551.005. COMPTROLLER INDISPENSABLE PARTY
13389	13389	Sec. 551.006. COMPTROLLER'S RECEIPT
13390	13390	[Sections 551.007-551.050 reserved for expansion]
13391	13391	SUBCHAPTER B. RECOVERY OF FUNDS PAID TO STATE
13392	13392	Sec. 551.051. RECOVERY OF FUNDS
13393	13393	Sec. 551.052. ACTION FOR RECOVERY
13394	13394	Sec. 551.053. JUDGMENT
13395	13395	Sec. 551.054. PAYMENT OF COSTS
13396	13396	Sec. 551.055. REPRESENTATION OF COMPTROLLER
13397	13397	[Sections 551.056-551.100 reserved for expansion]
13398	13398	SUBCHAPTER C. PENALTIES; ENFORCEMENT
13399	13399	Sec. 551.101. LIABILITY OF COURT CLERK; PENALTY
13400	13400	Sec. 551.102. DAMAGES FOR FAILURE TO MAKE PAYMENTS
13401	13401	Sec. 551.103. ENFORCEMENT OF PAYMENT AND DAMAGES;
13402	13402	RECOVERY ON BOND
13403	13403	CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
13404	13404	SUBCHAPTER A. PAYMENT OF CERTAIN FUNDS TO STATE
13405	13405	Sec. 551.001. PAYMENT OF CERTAIN SHARES OF ESTATE TO STATE.
13406	13406	(a) The court, by written order, shall require the executor or
13407	13407	administrator of an estate to pay to the comptroller as provided by
13408	13408	this subchapter the share of that estate of a person entitled to
13409	13409	that share who does not demand the share from the executor or
13410	13410	administrator within six months after the date of, as applicable:
13411	13411	(1) a court order approving the report of the
13412	13412	commissioners of partition made under Section 360.154; or
13413	13413	(2) the settlement of the final account of the
13414	13414	executor or administrator.
13415	13415	(b) This section does not apply to the share of an estate to
13416	13416	which a resident minor without a guardian is entitled. (Tex. Prob.
13417	13417	Code, Sec. 427 (part).)
13418	13418	Sec. 551.002. PAYMENT OF PORTION THAT IS IN MONEY. The
13419	13419	executor or administrator shall pay the portion of the share
13420	13420	subject to Section 551.001 that is in money to the comptroller.
13421	13421	(Tex. Prob. Code, Sec. 427 (part).)
13422	13422	Sec. 551.003. PAYMENT OF PORTION THAT IS NOT IN MONEY. (a)
13423	13423	The court's order under Section 551.001 must require the executor
13424	13424	or administrator to:
13425	13425	(1) sell, on terms determined best by the court, the
13426	13426	portion of a share subject to that section that is in property other
13427	13427	than money; and
13428	13428	(2) on collection of the proceeds of the sale, pay the
13429	13429	proceeds to the comptroller.
13430	13430	(b) An action to recover the proceeds of a sale under this
13431	13431	section is governed by Subchapter B. (Tex. Prob. Code, Sec. 427
13432	13432	(part).)
13433	13433	Sec. 551.004. COMPENSATION TO EXECUTOR OR ADMINISTRATOR.
13434	13434	The executor or administrator is entitled to reasonable
13435	13435	compensation for services performed under Section 551.003. (Tex.
13436	13436	Prob. Code, Sec. 427 (part).)
13437	13437	Sec. 551.005. COMPTROLLER INDISPENSABLE PARTY. (a) The
13438	13438	comptroller is an indispensable party to a judicial or
13439	13439	administrative proceeding concerning the disposition and handling
13440	13440	of any share of an estate that is or may be payable to the
13441	13441	comptroller under Section 551.001.
13442	13442	(b) The clerk of a court that orders an executor or
13443	13443	administrator to pay funds to the comptroller under Section 551.001
13444	13444	shall serve on the comptroller, by personal service of citation, a
13445	13445	certified copy of the court order not later than the fifth day after
13446	13446	the date the order is issued. (Tex. Prob. Code, Sec. 428.)
13447	13447	Sec. 551.006. COMPTROLLER'S RECEIPT. (a) An executor or
13448	13448	administrator who pays to the comptroller under this subchapter any
13449	13449	funds of the estate represented by the executor or administrator
13450	13450	shall:
13451	13451	(1) obtain from the comptroller a receipt for the
13452	13452	payment, with official seal attached; and
13453	13453	(2) file the receipt with the clerk of the court that
13454	13454	orders the payment.
13455	13455	(b) The court clerk shall record the comptroller's receipt
13456	13456	in the minutes of the court. (Tex. Prob. Code, Sec. 430.)
13457	13457	[Sections 551.007-551.050 reserved for expansion]
13458	13458	SUBCHAPTER B. RECOVERY OF FUNDS PAID TO STATE
13459	13459	Sec. 551.051. RECOVERY OF FUNDS. If funds of an estate have
13460	13460	been paid to the comptroller under this chapter, an heir or devisee
13461	13461	or an assignee of an heir or devisee may recover the share of the
13462	13462	funds to which the heir, devisee, or assignee is entitled. (Tex.
13463	13463	Prob. Code, Sec. 433(a) (part).)
13464	13464	Sec. 551.052. ACTION FOR RECOVERY. (a) A person claiming
13465	13465	funds under Section 551.051 must bring an action, on or before the
13466	13466	fourth anniversary of the date of the order requiring payment under
13467	13467	this chapter to the comptroller, by filing a petition in the
13468	13468	district court of Travis County against the comptroller. The
13469	13469	petition must set forth:
13470	13470	(1) the plaintiff's right to the funds; and
13471	13471	(2) the amount claimed by the plaintiff.
13472	13472	(b) On the filing of a petition under Subsection (a), the
13473	13473	court clerk shall issue a citation for the comptroller to appear and
13474	13474	represent the interest of this state in the action. The citation
13475	13475	must be served by personal service.
13476	13476	(c) Proceedings in an action brought under this section are
13477	13477	governed by the rules applicable to other civil actions. (Tex.
13478	13478	Prob. Code, Secs. 433(a) (part), (b) (part), (c) (part).)
13479	13479	Sec. 551.053. JUDGMENT. (a) If a plaintiff establishes the
13480	13480	plaintiff's right to funds claimed under this subchapter, the court
13481	13481	shall award a judgment that specifies the amount to which the
13482	13482	plaintiff is entitled.
13483	13483	(b) A certified copy of the judgment constitutes sufficient
13484	13484	authority for the comptroller to pay the judgment. (Tex. Prob.
13485	13485	Code, Sec. 433(c) (part).)
13486	13486	Sec. 551.054. PAYMENT OF COSTS. The costs of an action
13487	13487	brought under this subchapter shall be adjudged against the
13488	13488	plaintiff. The plaintiff may be required to secure the costs.
13489	13489	(Tex. Prob. Code, Sec. 433(d).)
13490	13490	Sec. 551.055. REPRESENTATION OF COMPTROLLER. As the
13491	13491	comptroller elects and with the approval of the attorney general,
13492	13492	the attorney general, the county attorney or criminal district
13493	13493	attorney for the county, or the district attorney for the district
13494	13494	shall represent the comptroller in an action brought under this
13495	13495	subchapter. (Tex. Prob. Code, Sec. 433(b) (part).)
13496	13496	[Sections 551.056-551.100 reserved for expansion]
13497	13497	SUBCHAPTER C. PENALTIES; ENFORCEMENT
13498	13498	Sec. 551.101. LIABILITY OF COURT CLERK; PENALTY. (a) A
13499	13499	court clerk who fails to timely comply with Section 551.005(b) is
13500	13500	liable for a $100 penalty.
13501	13501	(b) The penalty under Subsection (a) shall be recovered
13502	13502	through an action brought in the name of this state, after personal
13503	13503	service of citation, on the information of any resident. Half of
13504	13504	the penalty shall be paid to the informer and the other half to this
13505	13505	state. (Tex. Prob. Code, Sec. 429.)
13506	13506	Sec. 551.102. DAMAGES FOR FAILURE TO MAKE PAYMENTS. (a) An
13507	13507	executor or administrator who fails to pay funds of an estate to the
13508	13508	comptroller as required by an order under Section 551.001 on or
13509	13509	before the 30th day after the date of the order is liable, after
13510	13510	personal service of citation charging that failure and after proof
13511	13511	of the failure, for damages. The damages:
13512	13512	(1) accrue at the rate of five percent of the amount of
13513	13513	the funds per month for each month or fraction of a month after the
13514	13514	30th day after the date of the order that the executor or
13515	13515	administrator fails to make the payment; and
13516	13516	(2) must be paid to the comptroller out of the
13517	13517	executor's or administrator's own estate.
13518	13518	(b) Damages under this section may be recovered in any court
13519	13519	of competent jurisdiction. (Tex. Prob. Code, Sec. 431.)
13520	13520	Sec. 551.103. ENFORCEMENT OF PAYMENT AND DAMAGES; RECOVERY
13521	13521	ON BOND. (a) The comptroller may apply in the name of this state to
13522	13522	the court that issued an order for the payment of funds of an estate
13523	13523	under this chapter to enforce the payment of:
13524	13524	(1) funds the executor or administrator has failed to
13525	13525	pay to the comptroller under the order; and
13526	13526	(2) any damages that have accrued under Section
13527	13527	551.102.
13528	13528	(b) The court shall enforce the payment under Subsection (a)
13529	13529	in the manner prescribed for enforcement of other payment orders.
13530	13530	(c) In addition to the action under Subsection (a), the
13531	13531	comptroller may bring an action in the name of this state against
13532	13532	the executor or administrator and the sureties on the executor's or
13533	13533	administrator's bond for the recovery of the funds ordered to be
13534	13534	paid and any accrued damages.
13535	13535	(d) The county attorney or criminal district attorney for
13536	13536	the county, the district attorney for the district, or the attorney
13537	13537	general, at the election of the comptroller and with the approval of
13538	13538	the attorney general, shall represent the comptroller in all
13539	13539	proceedings under this section, and shall also represent the
13540	13540	interests of this state in all other matters arising under this
13541	13541	code. (Tex. Prob. Code, Sec. 432.)
13542	13542	[Chapters 552-600 reserved for expansion]
13543	13543	SUBTITLE M. DURABLE POWERS OF ATTORNEY
13544	13544	[Chapters 601-650 reserved for expansion]
13545	13545	[Subtitles N-W reserved for expansion]
13546	13546	SUBTITLE X. TEXAS PROBATE CODE: SCOPE, JURISDICTION, AND COURTS
13547	13547	CHAPTER I. GENERAL PROVISIONS
13548	13548	[Reserved for expansion]
13549	13549	SUBTITLE Y. TEXAS PROBATE CODE: INDEPENDENT ADMINISTRATION
13550	13550	CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION
13551	13551	PART 4. INDEPENDENT ADMINISTRATION
13552	13552	[Reserved for expansion]
13553	13553	SUBTITLE Z. TEXAS PROBATE CODE: DURABLE POWERS OF ATTORNEY
13554	13554	[Reserved for expansion]
13555	13555	[Titles 3-24 reserved for expansion]
13556	13556	TITLE 25. TEXAS PROBATE CODE: GUARDIANSHIP
13557	13557	[Reserved for expansion]
13558	13558	SECTION 2. TRANSFER AND REDESIGNATION. Sections 2, 4, 5,
13559	13559	5A, 5B, 5C, 6, and 8, Texas Probate Code, are transferred to Chapter
13560	13560	I, Subtitle X, Title 2, Estates and Guardianships Code, as added by
13561	13561	Section 1 of this Act, and redesignated as Sections 2, 4, 5, 5A, 5B,
13562	13562	5C, 6, and 8, Estates and Guardianships Code, respectively.
13563	13563	SECTION 3. TRANSFER AND REDESIGNATION. Sections 145
13564	13564	through 154A, Texas Probate Code, are transferred to Part 4,
13565	13565	Chapter VI, Subtitle Y, Title 2, Estates and Guardianships Code, as
13566	13566	added by Section 1 of this Act, and redesignated as Sections 145
13567	13567	through 154A, Estates and Guardianships Code, respectively.
13568	13568	SECTION 4. TRANSFER AND REDESIGNATION. Chapter XII, Texas
13569	13569	Probate Code, is transferred to Subtitle Z, Title 2, Estates and
13570	13570	Guardianships Code, as added by Section 1 of this Act, and Sections
13571	13571	481 through 506 of that chapter are redesignated as Sections 481
13572	13572	through 506, Estates and Guardianships Code, respectively.
13573	13573	SECTION 5. TRANSFER AND REDESIGNATION. Chapter XIII, Texas
13574	13574	Probate Code, is transferred to Title 25, Estates and Guardianships
13575	13575	Code, as added by Section 1 of this Act, and redesignated as Chapter
13576	13576	XIII of that title, and Sections 601 through 905 of that chapter are
13577	13577	redesignated as Sections 601 through 905, Estates and Guardianships
13578	13578	Code, respectively.
13579	13579	SECTION 6. CONFORMING AMENDMENT. Section 2, Texas Probate
13580	13580	Code, redesignated as Section 2, Estates and Guardianships Code, by
13581	13581	Section 2 of this Act, is amended to read as follows:
13582	13582	Sec. 2. EFFECTIVE DATE AND APPLICATION. [(a) Effective Date.
13583	13583	This Code shall take effect and be in force on and after January 1,
13584	13584	1956. The procedure herein prescribed shall govern all probate
13585	13585	proceedings in county and probate courts brought after the
13586	13586	effective date of this Act, and also all further procedure in
13587	13587	proceedings in probate then pending, except to the extent that in
13588	13588	the opinion of the court, with respect to proceedings in probate
13589	13589	then pending, its application in particular proceedings or parts
13590	13590	thereof would not be feasible or would work injustice, in which
13591	13591	event the former procedure shall apply.
13592	13592	[(b) Rights Not Affected. No act done in any proceeding
13593	13593	commenced before this Code takes effect, and no accrued right,
13594	13594	shall be impaired by the provisions of this Code. When a right is
13595	13595	acquired, extinguished, or barred upon the expiration of a
13596	13596	prescribed period of time which has commenced to run by the
13597	13597	provision of any statute in force before this Code takes effect,
13598	13598	such provision shall remain in force and be deemed a part of this
13599	13599	Code with respect to such right. All things properly done under any
13600	13600	previously existing statute prior to the taking effect of this Code
13601	13601	shall be treated as valid. Where citation or other process or
13602	13602	notice is issued and served in compliance with existing statutes
13603	13603	prior to the taking effect of this Code, the party upon whom such
13604	13604	citation or other process has been served shall have the time
13605	13605	provided for under such previously existing statutes in which to
13606	13606	comply therewith.
13607	13607	[(c) Subdivisions Have No Legal Effect. The division of this
13608	13608	Code into Chapters, Parts, Sections, Subsections, and Paragraphs is
13609	13609	solely for convenience and shall have no legal effect.
13610	13610	[(d) Severability. If any provision of this Code, or the
13611	13611	application thereof to any person or circumstance, is held invalid,
13612	13612	such invalidity shall not affect other provisions or applications
13613	13613	of the Code which can be given effect without the invalid provision
13614	13614	or application, and to this end the provisions of this Code are
13615	13615	declared to be severable, and the Legislature hereby states that it
13616	13616	would have enacted such portions of the Code which can lawfully be
13617	13617	given effect regardless of the possible invalidity of other
13618	13618	provisions of the Code.]
13619	13619	(e) Nature of Proceeding. The administration of the estate
13620	13620	of a decedent, from the filing of the application for probate and
13621	13621	administration, or for administration, until the decree of final
13622	13622	distribution and the discharge of the last personal representative,
13623	13623	shall be considered as one proceeding for purposes of jurisdiction.
13624	13624	The entire proceeding is a proceeding in rem.
13625	13625	SECTION 7. CONFORMING AMENDMENT. Section 145(q), Texas
13626	13626	Probate Code, redesignated as Section 145(q), Estates and
13627	13627	Guardianships Code, by Section 3 of this Act, is amended to read as
13628	13628	follows:
13629	13629	(q) Absent proof of fraud or collusion on the part of a
13630	13630	judge, no judge may be held civilly liable for the commission of
13631	13631	misdeeds or the omission of any required act of any person, firm, or
13632	13632	corporation designated as an independent executor or independent
13633	13633	administrator under Subsections (c), (d), and (e) of the section.
13634	13634	[Section 36 of this code does not apply to the appointment of an
13635	13635	independent executor or administrator under Subsection (c), (d), or
13636	13636	(e) of this section.]
13637	13637	SECTION 8. CONFORMING AMENDMENT. Section 154A(i), Texas
13638	13638	Probate Code, redesignated as Section 154A(i), Estates and
13639	13639	Guardianships Code, by Section 3 of this Act, is amended to read as
13640	13640	follows:
13641	13641	(i) Absent proof of fraud or collusion on the part of a
13642	13642	judge, the judge may not be held civilly liable for the commission
13643	13643	of misdeeds or the omission of any required act of any person, firm,
13644	13644	or corporation designated as a successor independent executor under
13645	13645	this section. [Section 36 of this code does not apply to an
13646	13646	appointment of a successor independent executor under this
13647	13647	section.]
13648	13648	SECTION 9. CONFORMING AMENDMENT. Section 490(a), Texas
13649	13649	Probate Code, redesignated as Section 490(a), Estates and
13650	13650	Guardianships Code, by Section 4 of this Act, is amended to read as
13651	13651	follows:
13652	13652	(a) The following form is known as a "statutory durable
13653	13653	power of attorney." A person may use a statutory durable power of
13654	13654	attorney to grant an attorney in fact or agent powers with respect
13655	13655	to a person's property and financial matters. A power of attorney
13656	13656	in substantially the following form has the meaning and effect
13657	13657	prescribed by this chapter. The validity of a power of attorney as
13658	13658	meeting the requirements of a statutory durable power of attorney
13659	13659	is not affected by the fact that one or more of the categories of
13660	13660	optional powers listed in the form are struck or the form includes
13661	13661	specific limitations on or additions to the attorney in fact's or
13662	13662	agent's powers.
13663	13663	The following form is not exclusive, and other forms of power
13664	13664	of attorney may be used.
13665	13665	STATUTORY DURABLE POWER OF ATTORNEY
13666	13666	NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
13667	13667	THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER
13668	13668	XII, ESTATES AND GUARDIANSHIPS [TEXAS PROBATE] CODE. IF YOU HAVE
13669	13669	ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE.
13670	13670	THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER
13671	13671	HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF
13672	13672	ATTORNEY IF YOU LATER WISH TO DO SO.
13673	13673	I, __________ (insert your name and address), appoint
13674	13674	__________ (insert the name and address of the person appointed) as
13675	13675	my agent (attorney-in-fact) to act for me in any lawful way with
13676	13676	respect to all of the following powers except for a power that I
13677	13677	have crossed out below.
13678	13678	TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER
13679	13679	WITHHELD.
13680	13680	Real property transactions;
13681	13681	Tangible personal property transactions;
13682	13682	Stock and bond transactions;
13683	13683	Commodity and option transactions;
13684	13684	Banking and other financial institution transactions;
13685	13685	Business operating transactions;
13686	13686	Insurance and annuity transactions;
13687	13687	Estate, trust, and other beneficiary transactions;
13688	13688	Claims and litigation;
13689	13689	Personal and family maintenance;
13690	13690	Benefits from social security, Medicare, Medicaid, or other
13691	13691	governmental programs or civil or military service;
13692	13692	Retirement plan transactions;
13693	13693	Tax matters.
13694	13694	IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL
13695	13695	BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY
13696	13696	AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO
13697	13697	PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I
13698	13698	WERE PERSONALLY PRESENT.
13699	13699	SPECIAL INSTRUCTIONS:
13700	13700	Special instructions applicable to gifts (initial in front of
13701	13701	the following sentence to have it apply):
13702	13702	I grant my agent (attorney in fact) the power to apply my
13703	13703	property to make gifts, except that the amount of a gift to an
13704	13704	individual may not exceed the amount of annual exclusions allowed
13705	13705	from the federal gift tax for the calendar year of the gift.
13706	13706	ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS
13707	13707	LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
13708	13708	________________________________________________________________
13709	13709	________________________________________________________________
13710	13710	________________________________________________________________
13711	13711	________________________________________________________________
13712	13712	________________________________________________________________
13713	13713	________________________________________________________________
13714	13714	________________________________________________________________
13715	13715	________________________________________________________________
13716	13716	________________________________________________________________
13717	13717	UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
13718	13718	EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
13719	13719	CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE
13720	13720	ALTERNATIVE NOT CHOSEN:
13721	13721	(A) This power of attorney is not affected by my subsequent
13722	13722	disability or incapacity.
13723	13723	(B) This power of attorney becomes effective upon my
13724	13724	disability or incapacity.
13725	13725	YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY
13726	13726	IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
13727	13727	IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT
13728	13728	YOU CHOSE ALTERNATIVE (A).
13729	13729	If Alternative (B) is chosen and a definition of my
13730	13730	disability or incapacity is not contained in this power of
13731	13731	attorney, I shall be considered disabled or incapacitated for
13732	13732	purposes of this power of attorney if a physician certifies in
13733	13733	writing at a date later than the date this power of attorney is
13734	13734	executed that, based on the physician's medical examination of me,
13735	13735	I am mentally incapable of managing my financial affairs. I
13736	13736	authorize the physician who examines me for this purpose to
13737	13737	disclose my physical or mental condition to another person for
13738	13738	purposes of this power of attorney. A third party who accepts this
13739	13739	power of attorney is fully protected from any action taken under
13740	13740	this power of attorney that is based on the determination made by a
13741	13741	physician of my disability or incapacity.
13742	13742	I agree that any third party who receives a copy of this
13743	13743	document may act under it. Revocation of the durable power of
13744	13744	attorney is not effective as to a third party until the third party
13745	13745	receives actual notice of the revocation. I agree to indemnify the
13746	13746	third party for any claims that arise against the third party
13747	13747	because of reliance on this power of attorney.
13748	13748	If any agent named by me dies, becomes legally disabled,
13749	13749	resigns, or refuses to act, I name the following (each to act alone
13750	13750	and successively, in the order named) as successor(s) to that
13751	13751	agent: __________.
13752	13752	Signed this ______ day of __________, [19]_____________
13753	13753	___________________________
13754	13754	(your signature)
13755	13755	State of _______________________
13756	13756	County of ______________________
13757	13757	This document was acknowledged before me on ____________(date) by
13758	13758	________________________
13759	13759	(name of principal)
13760	13760	______________________________
13761	13761	(signature of notarial officer)
13762	13762	(Seal, if any, of notary) _____________________________________
13763	13763	(printed name)
13764	13764	My commission expires: _____________
13765	13765	THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER
13766	13766	THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
13767	13767	RESPONSIBILITIES OF AN AGENT.
13768	13768	SECTION 10. REPEALER. (a) Sections 3, 9, 10, 10A, 10B, 10C,
13769	13769	11, 11A, 12, 13, 14, 15, 16, 17, 17A, 18, 19, 20, 21, 22, 23, 24, 25,
13770	13770	26, 27, 28, 29, 31, 32, 33, 34, 34A, 35, 36, 36B, 36C, 36D, 36E, 36F,
13771	13771	37, 37A, 37B, 37C, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 47A, 48,
13772	13772	49, 50, 51, 52, 52A, 53, 53A, 53B, 53C, 53D, 53E, 54, 55, 56, 57, 58,
13773	13773	58a, 58b, 58c, 59, 59A, 60, 61, 62, 63, 67, 68, 69, 69A, 70, 70A, 71,
13774	13774	71A, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 87, 88,
13775	13775	89, 89A, 89B, 89C, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101,
13776	13776	102, 103, 104, 105, 105A, 106, 107, 107A, 108, 109, 110, 111, 112,
13777	13777	113, 114, 115, 128, 128A, 128B, 129, 129A, 131A, 132, 133, 134, 135,
13778	13778	137, 138, 139, 140, 141, 142, 143, 155, 156, 160, 168, 176, 177,
13779	13779	178, 179, 180, 181, 182, 183, 186, 187, 188, 189, 190, 192, 194,
13780	13780	195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207,
13781	13781	208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 220, 221,
13782	13782	221A, 221B, 222, 222A, 223, 224, 225, 226, 227, 230, 232, 233, 233A,
13783	13783	234, 235, 238, 238A, 239, 240, 241, 242, 243, 244, 245, 249, 250,
13784	13784	251, 252, 253, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264,
13785	13785	265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277,
13786	13786	278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290,
13787	13787	291, 292, 293, 294, 295, 296, 297, 298, 299, 301, 302, 303, 304,
13788	13788	306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318,
13789	13789	319, 320, 320A, 321, 322, 322A, 322B, 323, 324, 326, 328, 329, 331,
13790	13790	332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 344, 345,
13791	13791	345A, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357,
13792	13792	358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370,
13793	13793	371, 372, 373, 374, 375, 377, 378, 378A, 378B, 379, 380, 381, 382,
13794	13794	384, 385, 386, 387, 398A, 399, 400, 401, 402, 403, 404, 405, 405A,
13795	13795	406, 407, 408, 409, 410, 412, 414, 427, 428, 429, 430, 431, 432,
13796	13796	433, 436, 437, 438, 438A, 439, 439A, 440, 441, 442, 443, 444, 445,
13797	13797	446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458,
13798	13798	459, 460, 461, 462, 471, 472, and 473, Texas Probate Code, are
13799	13799	repealed.
13800	13800	(b) Section 248, Texas Probate Code, as amended by Chapters
13801	13801	701 (S.B. 347) and 765 (H.B. 3434), Acts of the 79th Legislature,
13802	13802	Regular Session, 2005, is repealed.
13803	13803	SECTION 11. LEGISLATIVE INTENT. This Act is enacted under
13804	13804	Section 43, Article III, Texas Constitution. This Act is intended
13805	13805	as a recodification only, and no substantive change in law is
13806	13806	intended by this Act.
13807	13807	SECTION 12. EFFECTIVE DATE. This Act takes effect January
13808	13808	1, 2014.