reglab/housing_qa huggingface dataset:
TX Est Code § 362.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.004. Contents of Account

Sec. 362.004.  CONTENTS OF ACCOUNT.  (a)  Except as provided by Subsection (b), it is sufficient for an account for final settlement to:(1)  refer to the inventory without describing each item of property in detail; and(2)  refer to and adopt any proceeding had in the administration concerning a sale, renting, leasing for mineral development, or any other transaction on behalf of the estate, including an exhibit, account, or voucher previously filed and approved, without restating the particular items thereof.(b)  An account for final settlement must be accompanied by proper vouchers supporting each item included in the account for which the personal representative has not already accounted and, either by reference to any proceeding described by Subsection (a) or by a statement of the facts, must show:(1)  the estate property that has come into the representative's possession and the disposition of that property;(2)  the debts that have been paid;(3)  any debts and expenses still owing by the estate;(4)  any estate property still in the representative's possession;(5)  the persons entitled to receive that estate and, for each of those persons:(A)  the person's relationship to the decedent;(B)  the person's residence, if known; and(C)  whether the person is an adult or a minor and, if the person is a minor, the name of each of the minor's guardians, if any;(6)  any advancement or payment made by the representative from that estate to any person entitled to receive part of that estate;(7)  the tax returns due that have been filed and the taxes due and owing that have been paid, including:(A)  a complete account of the amount of taxes;(B)  the date the taxes were paid; and(C)  the governmental entity to which the taxes were paid;(8)  if on the filing of the account a tax return due to be filed or any taxes due to be paid are delinquent, the reasons for, and include a description of, the delinquency; and(9)  that the representative has paid all required bond premiums.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 362.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.005. Citation and Notice on Presentation of Account

Sec. 362.005.  CITATION AND NOTICE ON PRESENTATION OF ACCOUNT.  (a) On the presentation of an account for final settlement by a temporary or permanent personal representative, the county clerk shall issue citation to the persons and in the manner provided by Subsection (b).(b)  Citation issued under Subsection (a) must:(1)  contain:(A)  a statement that an account for final settlement has been presented;(B)  the time and place the court will consider the account; and(C)  a statement requiring the person cited to appear and contest the account, if the person wishes to contest the account; and(2)  be given to each heir or distributee of the decedent by certified mail, return receipt requested, unless the court by written order directs another method of service to be given.(c)  The personal representative shall also provide to each person entitled to citation under Subsection (b) a copy of the account for final settlement either by:(1)  certified mail, return receipt requested; or(2)  electronic delivery, including facsimile or e-mail.(d)  The court by written order shall require additional notice if the court considers the additional notice necessary.(e)  The court may allow the waiver of citation of an account for final settlement in a proceeding concerning a decedent's estate.(f)  The personal representative shall file an affidavit sworn to by the personal representative or a certificate signed by the personal representative's attorney stating:(1)  that the citation was given as required by this section;(2)  the name of each person to whom the citation was given, if the person's name is not shown on the proof of delivery;(3)  the name of each person executing a waiver of citation; and(4)  that each person entitled to citation was provided a copy of the account for final settlement, indicating the method of delivery for each person.|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. 47, eff. January 1, 2014.Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 31, eff. September 1, 2017.|
TX Est Code § 362.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.006. Examination of and Hearing on Account

Sec. 362.006.  EXAMINATION OF AND HEARING ON ACCOUNT.  (a)  On the court's satisfaction that citation has been properly served on all persons interested in the estate, the court shall examine the account for final settlement and the accompanying vouchers.(b)  After hearing all exceptions or objections to the account for final settlement and accompanying vouchers and the evidence in support of or against the account, the court shall audit and settle the account and, if necessary, restate the account.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 362.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.007. Delivery of Certain Property to Guardian

Sec. 362.007.  DELIVERY OF CERTAIN PROPERTY TO GUARDIAN.  The court may permit a resident personal representative who has possession of any of a ward's estate to deliver the estate to a qualified and acting guardian of the ward.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 362.008 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.008. Certain Debts Excluded From Settlement Computation

Sec. 362.008.  CERTAIN DEBTS EXCLUDED FROM SETTLEMENT COMPUTATION.  In the settlement of any of the accounts of the personal representative, all debts due the estate that the court is satisfied could not have been collected by due diligence and that have not been collected shall be excluded from the computation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 362.009 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.009. Money Due to Estate Pending Final Discharge

Sec. 362.009.  MONEY DUE TO ESTATE PENDING FINAL DISCHARGE.  Money or another thing of value that becomes due to the estate while an account for final settlement is pending may be paid, delivered, or tendered to the personal representative until the order of final discharge of the representative is entered in the judge's probate docket.  The representative shall issue a receipt for the money or other thing of value to the obligor or payor. On issuance of the receipt, the obligor or payor is discharged of the obligation for all purposes.|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. 8.018, eff. January 1, 2014.|
TX Est Code § 362.011 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.011. Partition and Distribution of Estate; Deposit in Court's Registry

Sec. 362.011.  PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT IN COURT'S REGISTRY.  (a) If, on final settlement of an estate, any of the estate remains in the personal representative's possession, the court shall order that a partition and distribution be made among the persons entitled to receive that part of the estate.(b)  The court shall order the personal representative to convert into money any remaining nonmonetary assets to which a person who is unknown or missing is entitled. The procedures in Chapter 356 apply to the conversion of nonmonetary assets under this subsection.(c)  The court shall order the personal representative to deposit in an account in the court's registry all money, including the proceeds of any conversion under Subsection (b), to which a person who is unknown or missing is entitled.  The court shall hold money deposited in an account under this subsection until the court renders:(1)  an order requiring money in the account to be paid to the previously unknown or missing person who is entitled to the money; or(2)  another order regarding the disposition of the money.|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. 48, eff. January 1, 2014.|
TX Est Code § 362.012 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.012. Discharge of Personal Representative When No Estate Property Remains

Sec. 362.012.  DISCHARGE OF PERSONAL REPRESENTATIVE WHEN NO ESTATE PROPERTY REMAINS. The court shall enter an order discharging a personal representative from the representative's trust and closing the estate if, on final settlement of the estate, none of the estate remains in the representative's possession.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 362.013 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter A. Settling and Closing Estate|Section 362.013. Discharge of Personal Representative When Estate Fully Administered

Sec. 362.013.  DISCHARGE OF PERSONAL REPRESENTATIVE WHEN ESTATE FULLY ADMINISTERED.  The court shall enter an order discharging a personal representative from the representative's trust and declaring the estate closed when:(1)  the representative has fully administered the estate in accordance with this title and the court's orders;(2)  the representative's account for final settlement has been approved; and(3)  the representative has:(A)  delivered all of the estate remaining in the representative's possession to the person or persons entitled to receive that part of the estate; and(B)  with respect to the portion of the estate distributable to an unknown or missing person, complied with an order of the court under Section 362.011.|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. 49, eff. January 1, 2014.|
TX Est Code § 362.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter B. Failure of Personal Representative to Act|Section 362.051. Failure to Present Account

Sec. 362.051.  FAILURE TO PRESENT ACCOUNT.  (a)  The court, on the court's own motion or on the written complaint of anyone interested in a decedent's estate that has been administered, shall have the personal representative who is charged with the duty of presenting an account for final settlement cited to appear and present the account within the time specified in the citation if the representative failed or neglected to present the account at the proper time.(b)  On or after the fourth anniversary of the date the court clerk last issues letters testamentary or of administration for a decedent's estate, the court may close the estate without an account for final settlement and without appointing a successor personal representative if:(1)  the whereabouts of the personal representative and heirs of the decedent are unknown; and(2)  a complaint has not been filed by anyone interested in 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 § 362.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 362 - Closing Administration of Estate|Subchapter B. Failure of Personal Representative to Act|Section 362.052. Liability for Failure to Deliver Estate Property

Sec. 362.052.  LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.  (a)  On the final settlement of an estate, if the personal representative neglects on demand to deliver a portion of the estate or any money in the representative's possession ordered to be delivered to a person entitled to that property, the person may file with the court clerk a written complaint alleging:(1)  the fact of the neglect;(2)  the date of the person's demand; and(3)  other relevant facts.(b)  On the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the personal representative.  The citation must:(1)  apprise the representative of the complaint; and(2)  cite the representative to appear before the court and answer, if the representative desires, at a time designated in the citation.(c)  If at the hearing the court finds that the citation was properly served and returned, and that the personal representative is guilty of the neglect charged, the court shall enter an order to that effect.(d)  A personal representative found guilty under Subsection (c) is liable to the person who filed the complaint under Subsection (a) for damages at the rate of 10 percent of the amount of the money or the appraised value of the portion of the estate neglectfully withheld, per month, for each month or fraction of a month that the money or portion of the estate is or has been neglectfully withheld after the date of demand.  Damages under this subsection 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 § 402.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter A. General Provisions|Section 402.001. General Scope and Exercise of Powers

Sec. 402.001.  GENERAL SCOPE AND EXERCISE OF POWERS.  When an independent administration has been created, and the order appointing an independent executor has been entered by the probate court, and the inventory, appraisement, and list of claims has been filed by the independent executor and approved by the court or an affidavit in lieu of the inventory, appraisement, and list of claims has been filed by the independent executor, as long as the estate is represented by an independent executor, further action of any nature may not be had in the probate court except where this title specifically and explicitly provides for some action in the court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 402.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter A. General Provisions|Section 402.002. Independent Executors May Act Without Court Approval

Sec. 402.002.  INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT APPROVAL.  Unless this title specifically provides otherwise, any action that a personal representative subject to court supervision may take with or without a court order may be taken by an independent executor without a court order.  The other provisions of this subtitle are designed to provide additional guidance regarding independent administrations in specified situations, and are not designed to limit by omission or otherwise the application of the general principles set forth in this chapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 402.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter A. General Provisions|Section 402.003. Digital Assets

Sec. 402.003.  DIGITAL ASSETS.  The court, either at the time the independent executor of an estate is appointed or at any time before the administration of the estate is closed, may enter an order that:(1)  directs disclosure of the content of electronic communications of the decedent to the independent executor as provided by Section 2001.101 and that contains any court finding described by Section 2001.101(b)(3);(2)  with respect to a catalog of electronic communications sent or received by the decedent and other digital assets of the decedent, other than the content of an electronic communication, contains any court finding described by Section 2001.102(b)(4); or(3)  directs under Section 2001.231 a custodian to comply with a request to disclose digital assets under Chapter 2001.|Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 41, eff. September 1, 2019.|
TX Est Code § 402.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter B. Power of Sale|Section 402.051. Definition of Independent Executor

Sec. 402.051.  DEFINITION OF INDEPENDENT EXECUTOR.  In this subchapter, "independent executor" does not include an independent administrator.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 402.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter B. Power of Sale|Section 402.052. Power of Sale of Estate Property Generally

Sec. 402.052.  POWER OF SALE OF ESTATE PROPERTY GENERALLY.  Unless limited by the terms of a will, an independent executor, in addition to any power of sale of estate property given in the will, and an independent administrator have the same power of sale for the same purposes as a personal representative has in a supervised administration, but without the requirement of court approval.  The procedural requirements applicable to a supervised administration do not apply.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 402.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter B. Power of Sale|Section 402.053. Protection of Person Purchasing Estate Property

Sec. 402.053.  PROTECTION OF PERSON PURCHASING ESTATE PROPERTY.  (a)  A person who is not a devisee or heir is not required to inquire into the power of sale of estate property of the independent executor or independent administrator or the propriety of the exercise of the power of sale if the person deals with the independent executor or independent administrator in good faith and:(1)  a power of sale is granted to the independent executor in the will;(2)  a power of sale is granted under Section 401.006 in the court order appointing the independent executor or independent administrator; or(3)  the independent executor or independent administrator provides an affidavit, executed and sworn to under oath and recorded in the deed records of the county where the property is located, that the sale is necessary or advisable for any of the purposes described in Section 356.251(1).(b)  As to acts undertaken in good faith reliance, the affidavit described by Subsection (a)(3) is conclusive proof, as between a purchaser of property from the estate, and the personal representative of an estate or the heirs and distributees of the estate, with respect to the authority of the independent executor or independent administrator to sell the property.  The signature or joinder of a devisee or heir who has an interest in the property being sold as described in this section is not necessary for the purchaser to obtain all right, title, and interest of the estate in the property being sold.(c)  This subchapter does not relieve the independent executor or independent administrator from any duty owed to a devisee or heir in relation, directly or indirectly, to the sale.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 402.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 402 - Administration|Subchapter B. Power of Sale|Section 402.054. No Limitation on Other Action

Sec. 402.054.  NO LIMITATION ON OTHER ACTION.  This subchapter does not limit the authority of an independent executor to take any other action without court supervision or approval with respect to estate assets that may take place in a supervised administration, for purposes and within the scope otherwise authorized by this title, including the authority to enter into a lease and to borrow money.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter A. Exemptions and Allowances|Section 403.001. Setting Aside Exempt Property and Allowances

Sec. 403.001.  SETTING ASIDE EXEMPT PROPERTY AND ALLOWANCES.  The independent executor shall set aside and deliver to those entitled exempt property and allowances for support, and allowances in lieu of exempt property, as prescribed in this title, to the same extent and result as if the independent executor's actions had been accomplished in, and under orders of, the court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.051. Duty of Independent Executor

Sec. 403.051.  DUTY OF INDEPENDENT EXECUTOR.  (a)  An independent executor, in the administration of an estate, independently of and without application to, or any action in or by the court:(1)  shall give the notices required under Sections 308.051 and 308.053;(2)  may give the notice to an unsecured creditor with a claim for money permitted under Section 308.054 and bar a claim under Section 403.055; and(3)  may approve or reject any claim, or take no action on a claim, and shall classify and pay claims approved or established by suit against the estate in the same order of priority, classification, and proration prescribed in this title.(b)  To be effective, the notice prescribed under Subsection (a)(2) must include, in addition to the other information required by Section 308.054, a statement that a claim may be effectively presented by only one of the methods prescribed by this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|