reglab/housing_qa huggingface dataset:
TX Est Code § 254.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills|Section 254.002. Bequests to Certain Subscribing Witnesses

Sec. 254.002.  BEQUESTS TO CERTAIN SUBSCRIBING WITNESSES.  (a)  Except as provided by Subsection (c), if a devisee under a will is also a subscribing witness to the will and the will cannot be otherwise established:(1)  the bequest is void; and(2)  the subscribing witness shall be allowed and compelled to appear and give the witness's testimony in the same manner as if the bequest to the witness had not been made.(b)  Notwithstanding Subsection (a), if the subscribing witness described by that subsection would have been entitled to a share of the testator's estate had the testator died intestate, the witness is entitled to as much of that share as does not exceed the value of the bequest to the witness under the will.(c)  If the testimony of a subscribing witness described by Subsection (a) proving the will is corroborated by at least one disinterested and credible person who testifies that the subscribing witness's testimony is true and correct:(1)  the bequest to the subscribing witness is not void under Subsection (a); and(2)  the subscribing witness is not regarded as an incompetent or noncredible witness under Subchapters B and C, Chapter 251.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 254.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills|Section 254.003. Devises to Certain Attorneys and Other Persons

Sec. 254.003.  DEVISES TO CERTAIN ATTORNEYS AND OTHER PERSONS.  (a)  A devise of property in a will is void if the devise is made to:(1)  an attorney who prepares or supervises the preparation of the will;(2)  a parent, descendant of a parent, or employee of the attorney described by Subdivision (1); or(3)  the spouse of a person described by Subdivision (1) or (2).(b)  This section does not apply to:(1)  a devise made to a person who:(A)  is the testator's spouse;(B)  is an ascendant or descendant of the testator; or(C)  is related within the third degree by consanguinity or affinity to the testator; or(2)  a bona fide purchaser for value from a devisee in a will.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 254.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills|Section 254.004. Contracts Concerning Wills or Devises; Joint or Reciprocal Wills

Sec. 254.004.  CONTRACTS CONCERNING WILLS OR DEVISES; JOINT OR RECIPROCAL WILLS.  (a)  A contract executed or entered into on or after September 1, 1979, to make a will or devise, or not to revoke a will or devise, may be established only by:(1)  a written agreement that is binding and enforceable; or(2)  a will stating:(A)  that a contract exists; and(B)  the material provisions of the contract.(b)  The execution of a joint will or reciprocal wills does not constitute by itself sufficient evidence of the existence of a contract.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 254.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills|Section 254.005. Forfeiture Clause

Sec. 254.005.  FORFEITURE CLAUSE.  (a)  A provision in a will that would cause a forfeiture of or void a devise or provision in favor of a person for bringing any court action, including contesting a will, is enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the forfeiture clause establishes by a preponderance of the evidence that:(1)  just cause existed for bringing the action; and(2)  the action was brought and maintained in good faith.(b)  This section is not intended to and does not repeal any law recognizing that forfeiture clauses generally will not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary's duties, seeking redress against a fiduciary for a breach of the fiduciary's duties, or seeking a judicial construction of a will or trust.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.26, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 351 (H.B. 2380), Sec. 2.01, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 17, eff. September 1, 2015.|
TX Est Code § 254.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills|Section 254.006. Designation of Administrator

Sec. 254.006.  DESIGNATION OF ADMINISTRATOR.  (a)  A testator may grant in a will to an executor named in the will or to another person identified by name, office, or function the authority to designate one or more persons to serve as administrator of the testator's estate.(b)  To be effective, a designation of an administrator of a testator's estate as authorized by a will under Subsection (a) must be in writing and acknowledged before an officer authorized to take acknowledgments and administer oaths.(c)  Unless the will provides otherwise, a person designated to serve as administrator of a testator's estate as provided by Subsection (a) may serve only if:(1)  each executor named in the testator's will:(A)  is deceased;(B)  is disqualified to serve as executor; or(C)  indicates by affidavit filed with the county clerk of the county in which the application for letters testamentary is filed or, if an application has not been filed, a county described by Section 33.001(a)(1) or (2) the executor's inability or unwillingness to serve as executor;(2)  the designation is effective as provided by Subsection (b); and(3)  the person is not disqualified from serving under Section 304.003.(d)  Unless the will or designation provides otherwise, a person designated as administrator of a testator's estate as provided by this section has the same rights, powers, and duties as an executor named in the will, including the right to serve as an independent administrator with the power to sell property without the need for consent of the distributees under Section 401.002 or 401.006.|Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 8, eff. September 1, 2019.|
TX Est Code § 303.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 303 - Citations and Notices in General on Opening of Administration|Section 303.001. Citation on Application for Issuance of Letters of Administration

Sec. 303.001.  CITATION ON APPLICATION FOR ISSUANCE OF LETTERS OF ADMINISTRATION.  (a)  On the filing with the clerk of an application for letters of administration, the clerk shall issue a citation to all parties interested in the estate.(b)  The citation required by Subsection (a)  shall be served by posting and must state:(1)  that the application has been filed;(2)  the nature of the application;(3)  the decedent's name;(4)  the applicant's name;(5)  the time when the court will act on the application; and(6)  that any person interested in the estate may appear at the time stated in the citation to contest the application.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 303.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 303 - Citations and Notices in General on Opening of Administration|Section 303.002. Court Action Prohibited Before Service of Citation

Sec. 303.002.  COURT ACTION PROHIBITED BEFORE SERVICE OF CITATION.  A court may not act on an application for the issuance of letters of administration until service of citation has been made in the manner provided by this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 304.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 304 - Persons Who May Serve as Personal Representatives|Section 304.001. Order of Persons Qualified to Serve as Personal Representative

Sec. 304.001.  ORDER OF PERSONS QUALIFIED TO SERVE AS PERSONAL REPRESENTATIVE.  (a)  The court shall grant letters testamentary or of administration to persons qualified to act, in the following order:(1)  the person named as executor in the decedent's will;(1-a)  the person designated as administrator as authorized under Section 254.006;(2)  the decedent's surviving spouse;(3)  the principal devisee of the decedent;(4)  any devisee of the decedent;(5)  the next of kin of the decedent;(6)  a creditor of the decedent;(7)  any person of good character residing in the county who applies for the letters;(8)  any other person who is not disqualified under Section 304.003; and(9)  any appointed public probate administrator.(b)  For purposes of Subsection (a)(5), the decedent's next of kin:(1)  is determined in accordance with order of descent, with the person nearest in order of descent first, and so on; and(2)  includes a person and the person's descendants who legally adopted the decedent or who have been legally adopted by the decedent.(c)  If persons are equally entitled to letters testamentary or of administration, the court:(1)  shall grant the letters to the person who, in the judgment of the court, is most likely to administer the estate advantageously; or(2)  may grant the letters to two or more of those persons.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 3, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 35, eff. January 1, 2014.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 20, eff. September 1, 2019.|
TX Est Code § 304.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 304 - Persons Who May Serve as Personal Representatives|Section 304.002. Renouncing Right to Serve as Personal Representative

Sec. 304.002.  RENOUNCING RIGHT TO SERVE AS PERSONAL REPRESENTATIVE.  A decedent's surviving spouse, or, if there is no surviving spouse, the heirs or any one of the heirs of the decedent to the exclusion of any person not equally entitled to letters testamentary or of administration, may renounce the right to the letters in favor of another qualified person in open court or by a power of attorney authenticated and filed with the county clerk of the county where the application for the letters is filed.  After the right to the letters has been renounced, the court may grant the letters to the other qualified person.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 304.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 304 - Persons Who May Serve as Personal Representatives|Section 304.003. Persons Disqualified to Serve as Executor or Administrator

Sec. 304.003.  PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR.  A person is not qualified to serve as an executor or administrator if the person is:(1)  incapacitated;(2)  a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored;(3)  a nonresident of this state who:(A)  is a natural person or corporation; and(B)  has not:(i)  appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or(ii)  had that appointment filed with the court;(4)  a corporation not authorized to act as a fiduciary in this state; or(5)  a person whom the court finds unsuitable.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 306.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.001. Granting of Letters Testamentary

Sec. 306.001.  GRANTING OF LETTERS TESTAMENTARY.  (a)  Before the 21st day after the date a will has been probated, the court shall grant letters testamentary, if permitted by law, to each executor appointed by the will who:(1)  is not disqualified; and(2)  is willing to accept the trust and qualify according to law.(b)  Failure of the court to issue letters testamentary within the period prescribed by this section does not affect the validity of any letters testamentary issued in accordance with law after that period.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 306.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.002. Granting of Letters of Administration

Sec. 306.002.  GRANTING OF LETTERS OF ADMINISTRATION.  (a)  Subject to Subsection (b), the court hearing an application under Chapter 301 shall grant:(1)  the administration of a decedent's estate if the decedent died intestate; or(2)  the administration of the decedent's estate with the will annexed if the decedent died leaving a will but:(A)  the will does not name an executor; or(B)  the executor named in the will:(i)  is deceased;(ii)  fails to accept and qualify before the 21st day after the date the will is probated; or(iii)  fails to present the will for probate before the 31st day after the date of the decedent's death and the court finds there was no good cause for that failure.(b)  The court may not grant any administration of an estate unless a necessity for the administration exists, as determined by the court.(c)  The court may find other instances of necessity for an administration based on proof before the court, but a necessity is considered to exist if:(1)  there are two or more debts against the estate;(2)  there is a desire for the county court to partition the estate among the distributees;(3)  the administration is necessary to receive or recover funds or other property due the estate; or(4)  the administration is necessary to prevent real property in a decedent's estate from becoming a danger to the health, safety, or welfare of the general public.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 576 (H.B. 3160), Sec. 3, eff. September 1, 2015.|
TX Est Code § 306.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.003. Order Granting Letters

Sec. 306.003.  ORDER GRANTING LETTERS.  When letters testamentary or of administration are granted, the court shall enter an order to that effect stating:(1)  the name of the decedent;(2)  the name of the person to whom the letters are granted;(3)  the amount of any required bond;(4)  the name of at least one but not more than three disinterested persons appointed to appraise the estate and return the appraisement to the court, if:(A)  any interested person applies to the court for the appointment of an appraiser; or(B)  the court considers an appraisement to be necessary; and(5)  that the clerk shall issue letters in accordance with the order when the person to whom the letters are granted has qualified according to law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 306.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.004. Issuance of Original Letters

Sec. 306.004.  ISSUANCE OF ORIGINAL LETTERS.  When an executor or administrator has qualified in the manner required by law, the clerk of the court granting the letters testamentary or of administration shall promptly issue and deliver the letters to the executor or administrator.  If more than one person qualifies as executor or administrator, the clerk shall issue the letters to each person who qualifies.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 306.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.005. Form and Content of Letters

Sec. 306.005.  FORM AND CONTENT OF LETTERS.  Letters testamentary or of administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states:(1)  the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law;(2)  the date of the qualification; and(3)  the name of the decedent.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 306.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.006. Replacement and Other Additional Letters

Sec. 306.006.  REPLACEMENT AND OTHER ADDITIONAL LETTERS.  When letters testamentary or of administration have been destroyed or lost, the clerk shall issue other letters to replace the original letters, which have the same effect as the original letters.  The clerk shall also issue any number of letters as and when requested by the person or persons who hold the letters.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 306.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 306 - Granting and Issuance of Letters|Section 306.007. Effect of Letters or Certificate

Sec. 306.007.  EFFECT OF LETTERS OR CERTIFICATE.  Letters testamentary or of administration or a certificate of the clerk of the court that granted the letters, under the court's seal, indicating that the letters have been issued, is sufficient evidence of:(1)  the appointment and qualification of the personal representative of an estate; and(2)  the date of qualification.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 307.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 307 - Validity of Certain Acts of Executors and Administrators|Section 307.001. Rights of Good Faith Purchasers

Sec. 307.001.  RIGHTS OF GOOD FAITH PURCHASERS.  (a)  This section applies only to an act performed by a qualified executor or administrator in that capacity and in conformity with the law and the executor's or administrator's authority.(b)  An act continues to be valid for all intents and purposes in regard to the rights of an innocent purchaser who purchases any of the estate property from the executor or administrator for valuable consideration, in good faith, and without notice of any illegality in the title to the property, even if the act or the authority under which the act was performed is subsequently set aside, annulled, and declared invalid.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 307.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 307 - Validity of Certain Acts of Executors and Administrators|Section 307.002. Joint Executors or Administrators

Sec. 307.002.  JOINT EXECUTORS OR ADMINISTRATORS.  (a)  Except as provided by Subsection (b), if there is more than one executor or administrator of an estate at the same time, the acts of one of the executors or administrators in that capacity are valid as if all the executors or administrators had acted jointly.  If one of the executors or administrators dies, resigns, or is removed, a co-executor or co-administrator of the estate shall proceed with the administration as if the death, resignation, or removal had not occurred.(b)  If there is more than one executor or administrator of an estate at the same time, all of the qualified executors or administrators who are acting in that capacity must join in the conveyance of real estate unless the court, after due hearing, authorizes fewer than all to act.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 310.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 310 - Allocation of Estate Income and Expenses|Section 310.001. Definition

Sec. 310.001.  DEFINITION.  In this chapter, "undistributed assets" includes funds used to pay debts, administration expenses, and federal and state estate, inheritance, succession, and generation-skipping transfer taxes until the date the debts, expenses, and taxes are paid.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 310.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 310 - Allocation of Estate Income and Expenses|Section 310.002. Applicability of Other Law

Sec. 310.002.  APPLICABILITY OF OTHER LAW.  Chapter 116, Property Code, controls to the extent of any conflict between this chapter and Chapter 116, Property Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|