reglab/housing_qa huggingface dataset:
TX Est Code § 351.303 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter G. Payment of Income of Certain Estates During Administration|Section 351.303. Treatment of Certain Amounts Received From Mineral Lease

Sec. 351.303.  TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM MINERAL LEASE. For the purposes of this subchapter, bonuses, rentals, and royalties received for or from an oil, gas, or other mineral lease shall be treated as income rather than as principal.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.351 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter H. Certain Administered Estates|Section 351.351. Applicability

Sec. 351.351.  APPLICABILITY.  This subchapter does not apply to:(1)  the appointment of an independent executor or administrator under Section 401.002 or 401.003(a); or(2)  the appointment of a successor independent administrator under Section 404.005.|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. 161 (S.B. 1093), Sec. 6.012, eff. January 1, 2014.Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 7, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 7, eff. September 1, 2021.|
TX Est Code § 351.352 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter H. Certain Administered Estates|Section 351.352. Ensuring Compliance With Law

Sec. 351.352.  ENSURING COMPLIANCE WITH LAW.  A county or probate court shall use reasonable diligence to see that personal representatives of estates administered under court orders and other officers of the court perform the duty enjoined on them by law applicable to those estates.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.353 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter H. Certain Administered Estates|Section 351.353. Annual Examination of Certain Estates; Bond of Personal Representative

Sec. 351.353.  ANNUAL EXAMINATION OF CERTAIN ESTATES; BOND OF PERSONAL REPRESENTATIVE.  For each estate administered under orders of a county or probate court, the judge shall, if the judge considers it necessary, annually examine the condition of the estate and the solvency of the bond of the estate's personal representative.  If the judge finds the representative's bond is not sufficient to protect the estate, the judge shall require the representative to execute a new bond in accordance with law.  In each case, the judge, as provided by law, shall notify the representative and the sureties on the representative's bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.354 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter H. Certain Administered Estates|Section 351.354. Judge's Liability

Sec. 351.354.  JUDGE'S LIABILITY.  A judge is liable on the judge's bond to those damaged if damage or loss results to an estate administered under orders of a county or probate court from the gross neglect of the judge to use reasonable diligence in the performance of the judge's duty under this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.355 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter H. Certain Administered Estates|Section 351.355. Identifying Information

Sec. 351.355.  IDENTIFYING INFORMATION.  (a)  The court may request an applicant or court-appointed fiduciary to produce other information identifying an applicant, decedent, or personal representative, including a social security number, in addition to identifying information the applicant or fiduciary is required to produce under this title.(b)  The court shall maintain any information required under this section, and the information may not be filed with the clerk.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 352.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter A. Compensation of Personal Representatives|Section 352.001. Definition

Sec. 352.001.  DEFINITION.  In this subchapter, "financial institution" means an organization authorized to engage in business under state or federal laws relating to financial institutions, including:(1)  a bank;(2)  a trust company;(3)  a savings bank;(4)  a building and loan association;(5)  a savings and loan company or association; and(6)  a credit union.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 352.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter A. Compensation of Personal Representatives|Section 352.002. Standard Compensation

Sec. 352.002.  STANDARD COMPENSATION.  (a)  An executor, administrator, or temporary administrator a court finds to have taken care of and managed an estate in compliance with the standards of this title is entitled to receive a five percent commission on all amounts that the executor or administrator actually receives or pays out in cash in the administration of the estate.(b)  The commission described by Subsection (a):(1)  may not exceed, in the aggregate, more than five percent of the gross fair market value of the estate subject to administration; and(2)  is not allowed for:(A)  receiving funds belonging to the testator or intestate that were, at the time of the testator's or intestate's death, either on hand or held for the testator or intestate in a financial institution or a brokerage firm, including cash or a cash equivalent held in a checking account, savings account, certificate of deposit, or money market account;(B)  collecting the proceeds of a life insurance policy; or(C)  paying out cash to an heir or legatee in that person's capacity as an heir or legatee.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 352.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter A. Compensation of Personal Representatives|Section 352.003. Alternate Compensation

Sec. 352.003.  ALTERNATE COMPENSATION.  (a)  The court may allow an executor, administrator, or temporary administrator reasonable compensation for the executor's or administrator's services, including unusual efforts to collect funds or life insurance, if:(1)  the executor or administrator manages a farm, ranch, factory, or other business of the estate; or(2)  the compensation calculated under Section 352.002 is unreasonably low.(b)  The county court has jurisdiction to receive, consider, and act on applications from independent executors 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 § 352.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter A. Compensation of Personal Representatives|Section 352.004. Denial of Compensation

Sec. 352.004.  DENIAL OF COMPENSATION.  The court may, on application of an interested person or on the court's own motion, wholly or partly deny a commission allowed by this subchapter if:(1)  the court finds that the executor or administrator has not taken care of and managed estate property prudently; or(2)  the executor or administrator has been removed under Section 404.003 or Subchapter B, Chapter 361.|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. 1338 (S.B. 1198), Sec. 2.45, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.013, eff. January 1, 2014.|
TX Est Code § 352.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter B. Expenses of Personal Representatives and Others|Section 352.051. Expenses; Attorney's Fees

Sec. 352.051.  EXPENSES; ATTORNEY'S FEES.  On proof satisfactory to the court, a personal representative of an estate is entitled to:(1)  necessary and reasonable expenses incurred by the representative in:(A)  preserving, safekeeping, and managing the estate;(B)  collecting or attempting to collect claims or debts; and(C)  recovering or attempting to recover property to which the estate has a title or claim; and(2)  reasonable attorney's fees necessarily incurred in connection with the proceedings and management of the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 352.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter B. Expenses of Personal Representatives and Others|Section 352.052. Allowance for Defense or Successful Contest of Will

Sec. 352.052.  ALLOWANCE FOR DEFENSE OR SUCCESSFUL CONTEST OF WILL.  (a)  A person designated as executor in a will or an alleged will, or as administrator with the will or alleged will annexed, who, for the purpose of having the will or alleged will admitted to probate, defends the will or alleged will or prosecutes any proceeding in good faith and with just cause, whether or not successful, shall be allowed out of the estate the executor's or administrator's necessary expenses and disbursements in those proceedings, including reasonable attorney's fees.(b)  A person designated as a devisee in or beneficiary of a will or an alleged will who, for the purpose of having the will or alleged will admitted to probate, defends the will or alleged will or prosecutes any proceeding in good faith and with just cause, whether or not successful, may be allowed out of the estate the person's necessary expenses and disbursements in those proceedings, including reasonable attorney's fees.(c)  In this subsection, "interested person" does not include a creditor or any other having a claim against the estate. An interested person who, in good faith and with just cause, successfully prosecutes a proceeding to contest the validity of a will or alleged will offered for or admitted to probate may be allowed out of the estate the person's necessary expenses and disbursements in that proceeding, including reasonable attorney's fees.|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. 949 (S.B. 995), Sec. 34, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 24, eff. September 1, 2019.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 25, eff. September 1, 2019.|
TX Est Code § 352.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 352 - Compensation and Expenses of Personal Representatives and Others|Subchapter B. Expenses of Personal Representatives and Others|Section 352.053. Expense Charges

Sec. 352.053.  EXPENSE CHARGES.  (a)  The court shall act on  expense charges in the same manner as other claims against the estate.(b)  All expense charges shall be:(1)  made in writing, showing specifically each item of expense and the date of the expense;(2)  verified by the personal representative's affidavit;(3)  filed with the clerk; and(4)  entered on the claim docket.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 353.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 353 - Exempt Property and Family Allowance|Subchapter A. General Provisions|Section 353.001. Treatment of Certain Children

Sec. 353.001.  TREATMENT OF CERTAIN CHILDREN.  For purposes of distributing exempt property and making a family allowance, a child is a child of his or her mother and a child of his or her father, as provided by Sections 201.051, 201.052, and 201.053.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 353.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 353 - Exempt Property and Family Allowance|Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property|Section 353.051. Exempt Property to Be Set Aside

Sec. 353.051.  EXEMPT PROPERTY TO BE SET ASIDE.  (a)  Unless an application and verified affidavit are filed as provided by Subsection (b), immediately after the inventory, appraisement, and list of claims of an estate are approved or after the affidavit in lieu of the inventory, appraisement, and list of claims is filed, the court by order shall set aside:(1)  the homestead for the use and benefit of the decedent's surviving spouse and minor children; and(2)  all other exempt property described by Section 42.002(a), Property Code, for the use and benefit of the decedent's:(A)  surviving spouse and minor children;(B)  unmarried adult children remaining with the decedent's family; and(C)  each other adult child who is incapacitated.(b)  Before the inventory, appraisement, and list of claims of an estate are approved or, if applicable, before the affidavit in lieu of the inventory, appraisement, and list of claims is filed:(1)  the decedent's surviving spouse or any other person authorized to act on behalf of the decedent's minor children may apply to the court to have exempt property described by Subsection (a), including the homestead, set aside by filing an application and a verified affidavit listing all exempt property that the applicant claims is exempt property described by Subsection (a); and(2)  any of the decedent's unmarried adult children remaining with the decedent's family, any other adult child of the decedent who is incapacitated, or a person who is authorized to act on behalf of the adult incapacitated child may apply to the court to have all exempt property described by Subsection (a), other than the homestead, set aside by filing an application and a verified affidavit listing all the exempt property, other than the homestead, that the applicant claims is exempt property described by Subsection (a).(c)  At a hearing on an application filed under Subsection (b), the applicant has the burden of proof by a preponderance of the evidence.  The court shall set aside property of the decedent's estate that the court finds is exempt.|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. 810 (H.B. 2492), Sec. 2.01, eff. January 1, 2014.Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.46, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 35, eff. September 1, 2015.|
TX Est Code § 353.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 353 - Exempt Property and Family Allowance|Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property|Section 353.052. Delivery of Exempt Property

Sec. 353.052.  DELIVERY OF EXEMPT PROPERTY.  (a)  This section only applies to exempt property described by Section 353.051(a).(a-1)  The executor or administrator of an estate shall deliver, without delay, exempt property that has been set aside for the decedent's surviving spouse and children in accordance with this section.(b)  If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall deliver all exempt property to the surviving spouse.(c)  If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall deliver the share of those children in exempt property, other than the homestead, to:(1)  the children, if the children are of legal age;(2)  the children's guardian, if the children are minors; or(3)  the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.(d)  If there is no surviving spouse and there are children of the decedent, the executor or administrator shall deliver exempt property, other than the homestead, to:(1)  the children, if the children are of legal age;(2)  the children's guardian, if the children are minors; or(3)  the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.(e)  In all cases, the executor or administrator shall deliver the homestead to:(1)  the decedent's surviving spouse, if there is a surviving spouse; or(2)  the guardian of the decedent's minor children, if there is not a surviving spouse.|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. 810 (H.B. 2492), Sec. 2.02, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 36, eff. September 1, 2015.|
TX Est Code § 353.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 353 - Exempt Property and Family Allowance|Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property|Section 353.053. Allowance in Lieu of Exempt Property

Sec. 353.053.  ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  If all or any of the specific articles of exempt property described by Section 353.051(a) are not among the decedent's effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent's surviving spouse and children as provided by Section 353.054.(b)  The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C.|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. 810 (H.B. 2492), Sec. 2.03, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 647 (H.B. 789), Sec. 2.01, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 37, eff. September 1, 2015.|
TX Est Code § 353.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 353 - Exempt Property and Family Allowance|Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property|Section 353.054. Payment of Allowance in Lieu of Exempt Property

Sec. 353.054.  PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  The executor or administrator of an estate shall pay an allowance in lieu of exempt property in accordance with this section.(b)  If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall pay the entire allowance to the surviving spouse.(c)  If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall pay the surviving spouse one-half of the entire allowance plus the shares of the decedent's children of whom the surviving spouse is the parent.  The remaining shares must be paid to:(1)  the decedent's adult children of whom the surviving spouse is not a parent and who are not incapacitated;(2)  the guardian of the children of whom the surviving spouse is not a parent and who are minors; or(3)  the guardian or another appropriate person, as determined by the court, if there is no guardian, of each child who is an incapacitated adult.(d)  If there is no surviving spouse and there are children of the decedent, the executor or administrator shall divide the entire allowance equally among the children and pay the children's shares to:(1)  each of those children who are adults and who are not incapacitated;(2)  the guardian of each of those children who are minors; or(3)  the guardian or another appropriate person, as determined by the court, if there is no guardian, of each of those children who is an incapacitated adult.|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. 810 (H.B. 2492), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 353.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 353 - Exempt Property and Family Allowance|Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property|Section 353.055. Method of Paying Allowance in Lieu of Exempt Property

Sec. 353.055.  METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  An allowance in lieu of any exempt property shall be paid in the manner selected by the decedent's surviving spouse or children of legal age, or by the guardian of the decedent's minor children, or by the guardian of each adult incapacitated child or other appropriate person, as determined by the court, if there is no guardian, as follows:(1)  in money out of estate funds that come into the executor's or administrator's possession;(2)  in any of the decedent's property or a part of the property chosen by those individuals at the appraisement; or(3)  part in money described by Subdivision (1) and part in property described by Subdivision (2).(b)  Property specifically devised to another may be taken as provided by Subsection (a) only if other available property is insufficient to pay the allowance.|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. 810 (H.B. 2492), Sec. 2.05, eff. January 1, 2014.|