reglab/housing_qa huggingface dataset:
TX Est Code § 504.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument|Subchapter B. Contest or Final Rejection in Foreign Jurisdiction|Section 504.053. Effect of Rejection of Testamentary Instrument by Foreign Jurisdiction

Sec. 504.053.  EFFECT OF REJECTION OF TESTAMENTARY INSTRUMENT BY FOREIGN JURISDICTION.  (a)  Except as provided by Subsection (b), final rejection of a will or other testamentary instrument from probate or establishment in a foreign jurisdiction in which the testator was domiciled at the time of the testator's death is conclusive in this state.(b)  A will or other testamentary instrument that is finally rejected from probate or establishment in a foreign jurisdiction in which the testator was domiciled at the time of the testator's death may be admitted to probate or continue to be effective in this state if the will or other instrument was rejected solely for a cause that is not a ground for rejection of a will of a testator who died domiciled in this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter A. Foreign Corporate Fiduciary|Section 505.001. Definition

Sec. 505.001.  DEFINITION.  In this subchapter, "foreign corporate fiduciary" means a corporate fiduciary that does not have its main office or a branch office in this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter A. Foreign Corporate Fiduciary|Section 505.002. Applicability of Other Law

Sec. 505.002.  APPLICABILITY OF OTHER LAW.  (a)  A foreign corporate fiduciary acting in a fiduciary capacity in this state in strict accordance with this subchapter:(1)  is not transacting business in this state within the meaning of Section 9.001, Business Organizations Code; and(2)  is qualified to serve in that capacity under Section 501.006.(b)  This subchapter is in addition to, and not a limitation on, Subtitles F and G, Title 3, Finance Code.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter A. Foreign Corporate Fiduciary|Section 505.003. Authority of Foreign Corporate Fiduciary to Serve in Fiduciary Capacity

Sec. 505.003.  AUTHORITY OF FOREIGN CORPORATE FIDUCIARY TO SERVE IN FIDUCIARY CAPACITY.  (a)  Subject to Subsections (b) and (c) and Section 505.004, a foreign corporate fiduciary may be appointed by will, deed, agreement, declaration, indenture, court order or decree, or otherwise and may serve in this state in any fiduciary capacity, including as:(1)  trustee of a personal or corporate trust;(2)  executor;(3)  administrator; or(4)  guardian of the estate.(b)  A foreign corporate fiduciary appointed to serve in a fiduciary capacity in this state must have the corporate power to act in that capacity.(c)  This section applies only to the extent that the home state of the foreign corporate fiduciary appointed to serve in a fiduciary capacity in this state grants to a corporate fiduciary whose home state is this state the authority to serve in like fiduciary capacity.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter A. Foreign Corporate Fiduciary|Section 505.004. Filing Requirements; Designation

Sec. 505.004.  FILING REQUIREMENTS; DESIGNATION.  (a)  A foreign corporate fiduciary must file the following documents with the secretary of state before qualifying or serving in this state in a fiduciary capacity as authorized by Section 505.003:(1)  a copy of the fiduciary's charter, articles of incorporation or of association, and all amendments to those documents, certified by the fiduciary's secretary under the fiduciary's corporate seal;(2)  a properly executed written instrument that by the instrument's terms is of indefinite duration and irrevocable, appointing the secretary of state and the secretary of state's successors as the fiduciary's agent for service of process on whom notices and processes issued by a court of this state may be served in an action or proceeding relating to a trust, estate, fund, or other matter within this state with respect to which the fiduciary is acting in a fiduciary capacity, including the acts or defaults of the fiduciary with respect to that trust, estate, or fund; and(3)  a written certificate of designation specifying the name and address of the officer, agent, or other person to whom the secretary of state shall forward notices and processes described by Subdivision (2).(b)  A foreign corporate fiduciary may change the certificate of designation under Subsection (a)(3) by filing a new certificate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter A. Foreign Corporate Fiduciary|Section 505.005. Service of Notice or Process on Secretary of State

Sec. 505.005.  SERVICE OF NOTICE OR PROCESS ON SECRETARY OF STATE.  (a)  On receipt of a notice or process described by Section 505.004(a)(2), the secretary of state shall promptly forward the notice or process by registered or certified mail to the officer, agent, or other person designated by the foreign corporate fiduciary under Section 505.004 to receive the notice or process.(b)  Service of notice or process described by Section 505.004(a)(2) on the secretary of state as agent for a foreign corporate fiduciary has the same effect as if personal service had been had in this state on the foreign corporate fiduciary.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter A. Foreign Corporate Fiduciary|Section 505.006. Criminal Penalty; Effect of Conviction

Sec. 505.006.  CRIMINAL PENALTY; EFFECT OF CONVICTION.  (a)  A foreign corporate fiduciary commits an offense if the fiduciary violates this subchapter.(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $5,000.(c)  On conviction, the court may prohibit a foreign corporate fiduciary convicted of an offense under this section from thereafter serving in any fiduciary capacity in this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter B. Foreign Executors and Trustees|Section 505.051. Applicability of Bond Requirement

Sec. 505.051.  APPLICABILITY OF BOND REQUIREMENT.  (a)  A foreign executor is not required to give bond if the will appointing the foreign executor provides that the executor may serve without bond.(b)  The bond provisions of this title applicable to domestic representatives apply to a foreign executor if the will appointing the foreign executor does not exempt the foreign executor from giving bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter B. Foreign Executors and Trustees|Section 505.052. Power to Sell Property

Sec. 505.052.  POWER TO SELL PROPERTY.  (a)  If a foreign will has been recorded in the deed records of a county in this state in the manner provided by this subtitle and the will gives an executor or trustee the power to sell property located in this state:(1)  an order of a court of this state is not necessary to authorize the executor or trustee to make the sale and execute proper conveyance; and(2)  any specific directions the testator gave in the foreign will respecting the sale of the estate property must be followed unless the directions have been annulled or suspended by an order of a court of competent jurisdiction.(b)  Notwithstanding Section 501.002(c), the original signatures required by that section may not be required for purposes of this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter C. Recovery of Debts by Foreign Executor or Administrator|Section 505.101. Suit to Recover Debt

Sec. 505.101.  SUIT TO RECOVER DEBT.  (a)  On giving notice by registered or certified mail to all creditors of a decedent in this state who have filed a claim against the decedent's estate for a debt due to the creditor, a foreign executor or administrator of a person who was a nonresident at the time of death may maintain a suit in this state for the recovery of debts due to the decedent.(b)  The plaintiff's letters testamentary or of administration granted by a competent tribunal, properly authenticated, must be filed with the suit.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter C. Recovery of Debts by Foreign Executor or Administrator|Section 505.102. Jurisdiction

Sec. 505.102.  JURISDICTION.  (a)  A foreign executor or administrator who files a suit authorized by Section 505.101 submits personally to the jurisdiction of the courts of this state in a proceeding relating to the recovery of a debt owed to a resident of this state by the decedent whose estate the executor or administrator represents.(b)  Jurisdiction under this section is limited to the amount of money or value of personal property recovered in this state by the foreign executor or administrator.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 505.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries|Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries|Subchapter C. Recovery of Debts by Foreign Executor or Administrator|Section 505.103. Restriction on Suit Brought by Foreign Executor or Administrator

Sec. 505.103.  RESTRICTION ON SUIT BROUGHT BY FOREIGN EXECUTOR OR ADMINISTRATOR.  A suit may not be maintained in this state by a foreign executor or administrator for a decedent's estate under this subchapter if there is:(1)  an executor or administrator of the decedent's estate qualified by a court of this state; or(2)  a pending application in this state for the appointment of an executor or administrator of the decedent's estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 551.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter A. Payment of Certain Funds to State|Section 551.001. Payment of Certain Shares of Estate to State

Sec. 551.001.  PAYMENT OF CERTAIN SHARES OF ESTATE TO STATE.  (a)  The court, by written order, shall require the executor or administrator of an estate to pay to the comptroller as provided by this subchapter the share of that estate of a person entitled to that share who does not demand the share, including any portion deposited in an account in the court's registry under Section 362.011(c), from the executor or administrator within six months after the date of, as applicable:(1)  a court order approving the report of the commissioners of partition made under Section 360.154; or(2)  the settlement of the final account of the executor or administrator.(b)  This section does not apply to the share of an estate to which a resident minor without a guardian is entitled.|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. 1136 (H.B. 2912), Sec. 59, eff. January 1, 2014.|
TX Est Code § 551.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter A. Payment of Certain Funds to State|Section 551.002. Payment of Portion That Is in Money

Sec. 551.002.  PAYMENT OF PORTION THAT IS IN MONEY.  The executor or administrator shall pay the portion of the share subject to Section 551.001 that is in money to the comptroller.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 551.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter A. Payment of Certain Funds to State|Section 551.003. Payment of Portion That Is Not in Money

Sec. 551.003.  PAYMENT OF PORTION THAT IS NOT IN MONEY.  (a)  The court's order under Section 551.001 must require the executor or administrator to:(1)  sell, on terms determined best by the court, the portion of a share subject to that section that is in property other than money; and(2)  on collection of the proceeds of the sale, pay the proceeds to the comptroller.(b)  Recovery of the proceeds of a sale under this section is governed by Subchapter B.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 267 (S.B. 1420), Sec. 1, eff. September 1, 2019.|
TX Est Code § 551.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter A. Payment of Certain Funds to State|Section 551.004. Compensation to Executor or Administrator

Sec. 551.004.  COMPENSATION TO EXECUTOR OR ADMINISTRATOR.  The executor or administrator is entitled to reasonable compensation for services performed under Section 551.003.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 551.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter A. Payment of Certain Funds to State|Section 551.005. Comptroller Indispensable Party

Sec. 551.005.  COMPTROLLER INDISPENSABLE PARTY.  (a)  The comptroller is an indispensable party to a judicial or administrative proceeding concerning the disposition and handling of any share of an estate that is or may be payable to the comptroller under Section 551.001.(b)  The clerk of a court that orders an executor or administrator to pay funds to the comptroller under Section 551.001 shall provide to the comptroller, by certified mail or e-mail, a certified copy of the court order not later than the fifth day after the date the order is issued.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 52 (H.B. 1514), Sec. 1, eff. May 18, 2021.|
TX Est Code § 551.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter A. Payment of Certain Funds to State|Section 551.006. Comptroller's Receipt

Sec. 551.006.  COMPTROLLER'S RECEIPT.  (a)  An executor or administrator who pays to the comptroller under this subchapter any funds of the estate represented by the executor or administrator shall:(1)  obtain from the comptroller a receipt for the payment, with official seal attached; and(2)  file the receipt with the clerk of the court that orders the payment.(b)  The court clerk shall record the comptroller's receipt in the judge's probate docket.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.021, eff. January 1, 2014.|
TX Est Code § 551.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter B. Recovery of Funds Paid to State|Section 551.051. Recovery of Funds

Sec. 551.051.  RECOVERY OF FUNDS.  If funds of an estate have been paid to the comptroller under this chapter, an heir or devisee or an assignee of an heir or devisee may recover the share of the funds to which the heir, devisee, or assignee is entitled by filing a claim with the comptroller in the manner provided by Chapter 74, Property Code, for property delivered to the comptroller under that chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 267 (S.B. 1420), Sec. 2, eff. September 1, 2019.|
TX Est Code § 551.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter C. Penalties; Enforcement|Section 551.101. Liability of Court Clerk; Penalty

Sec. 551.101.  LIABILITY OF COURT CLERK; PENALTY.  (a)  A court clerk who fails to timely comply with Section 551.005(b) is liable for a $100 penalty.(b)  The penalty under Subsection (a) shall be recovered through an action brought in the name of this state, after personal service of citation, on the information of any resident.  Half of the penalty shall be paid to the informer and the other half to this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 551.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter C. Penalties; Enforcement|Section 551.102. Damages for Failure to Make Payments

Sec. 551.102.  DAMAGES FOR FAILURE TO MAKE PAYMENTS.  (a)  An executor or administrator who fails to pay funds of an estate to the comptroller as required by an order under Section 551.001 on or before the 30th day after the date of the order is liable, after personal service of citation charging that failure and after proof of the failure, for damages.  The damages:(1)  accrue at the rate of five percent of the amount of the funds per month for each month or fraction of a month after the 30th day after the date of the order that the executor or administrator fails to make the payment; and(2)  must be paid to the comptroller out of the executor's or administrator's own estate.(b)  Damages under this section may be recovered in any court of competent jurisdiction.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 551.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle L - Payment of Estates Into Treasury|Chapter 551 - Payment of Certain Estates to State|Subchapter C. Penalties; Enforcement|Section 551.103. Enforcement of Payment and Damages; Recovery on Bond

Sec. 551.103.  ENFORCEMENT OF PAYMENT AND DAMAGES; RECOVERY ON BOND.  (a)  The comptroller may apply in the name of this state to the court that issued an order for the payment of funds of an estate under this chapter to enforce the payment of:(1)  funds the executor or administrator has failed to pay to the comptroller under the order; and(2)  any damages that have accrued under Section 551.102.(b)  The court shall enforce the payment under Subsection (a) in the manner prescribed for enforcement of other payment orders.(c)  In addition to the action under Subsection (a), the comptroller may bring an action in the name of this state against the executor or administrator and the sureties on the executor's or administrator's bond for the recovery of the funds ordered to be paid and any accrued damages.  (d)  The county attorney or criminal district attorney for the county, the district attorney for the district, or the attorney general, at the election of the comptroller and with the approval of the attorney general, shall represent the comptroller in all proceedings under this section, and shall also represent the interests of this state in all other matters arising under this code.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 751.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.001. Short Title

Sec. 751.001.  SHORT TITLE.  This subtitle may be cited as the Durable Power of Attorney Act.|Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.|
TX Est Code § 751.0015 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle P - Durable Powers of Attorney|Chapter 751 - General Provisions Regarding Durable Powers of Attorney|Subchapter A. General Provisions|Section 751.0015. Applicability of Subtitle

Sec. 751.0015.  APPLICABILITY OF SUBTITLE.  This subtitle applies to all durable powers of attorney except:(1)  a power of attorney to the extent it is coupled with an interest in the subject of the power, including a power of attorney given to or for the benefit of a creditor in connection with a credit transaction;(2)  a medical power of attorney, as defined by Section 166.002, Health and Safety Code;(3)  a proxy or other delegation to exercise voting rights or management rights with respect to an entity; or(4)  a power of attorney created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.|Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 1, eff. September 1, 2017.|