reglab/housing_qa huggingface dataset:
TX Est Code § 405.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.001. Accounting and Distribution

Sec. 405.001.  ACCOUNTING AND DISTRIBUTION.  (a)  In addition to or in lieu of the right to an accounting provided by Section 404.001, at any time after the expiration of two years after the date the court clerk first issues letters testamentary or of administration to any personal representative of an estate, a person interested in the estate then subject to independent administration may petition the court for an accounting and distribution.  The court may order an accounting to be made with the court by the independent executor at such time as the court considers proper.  The accounting shall include the information that the court considers necessary to determine whether any part of the estate should be distributed.(b)  On receipt of the accounting and, after notice to the independent executor and a hearing, unless the court finds a continued necessity for administration of the estate, the court shall order its distribution by the independent executor to the distributees entitled to the property.  If the court finds there is a continued necessity for administration of the estate, the court shall order the distribution of any portion of the estate that the court finds should not be subject to further administration by the independent executor.  If any portion of the estate that is ordered to be distributed is incapable of distribution without prior partition or sale, the court may:(1)  order partition and distribution, or sale, in the manner provided for the partition and distribution of property incapable of division in supervised estates; or(2)  order distribution of that portion of the estate incapable of distribution without prior partition or sale in undivided interests.(c)  If all the property in the estate is ordered distributed by the court and the estate is fully administered, the court may also order the independent executor to file a final account with the court and may enter an order closing the administration and terminating the power of the independent executor to act as executor.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 58, eff. January 1, 2014.|
TX Est Code § 405.0015 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.0015. Distributions Generally

Sec. 405.0015.  DISTRIBUTIONS GENERALLY.  Unless the will, if any, or a court order provides otherwise, an independent executor may, in distributing property not specifically devised that the independent executor is authorized to sell:(1)  make distributions in divided or undivided interests;(2)  allocate particular assets in proportionate or disproportionate shares;(3)  value the estate property for the purposes of acting under Subdivision (1) or (2); and(4)  adjust the distribution, division, or termination for resulting differences in valuation.|Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 33, eff. September 1, 2017.|
TX Est Code § 405.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.002. Receipts and Releases for Distributions by Independent Executor

Sec. 405.002.  RECEIPTS AND RELEASES FOR DISTRIBUTIONS BY INDEPENDENT EXECUTOR.  (a)  An independent executor may not be required to deliver tangible or intangible personal property to a distributee unless the independent executor receives, at or before the time of delivery of the property, a signed receipt or other proof of delivery of the property to the distributee.(b)  An independent executor may not require a waiver or release from the distributee as a condition of delivery of property to a distributee.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.003. Judicial Discharge of Independent Executor

Sec. 405.003.  JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR.  (a)  After an estate has been administered and if there is no further need for an independent administration of the estate, the independent executor of the estate may file an action for declaratory judgment under Chapter 37, Civil Practice and Remedies Code, seeking to discharge the independent executor from any liability involving matters relating to the past administration of the estate that have been fully and fairly disclosed.(b)  On the filing of an action under this section, each distributee of the estate shall be personally served with citation, except for a distributee who has waived the issuance and service of citation.(c)  In a proceeding under this section, the court may require the independent executor to file a final account that includes any information the court considers necessary to adjudicate the independent executor's request for a discharge of liability.  The court may audit, settle, or approve a final account filed under this subsection.(d)  On or before filing an action under this section, the independent executor must distribute to the distributees of the estate any of the remaining assets or property of the estate that remains in the independent executor's possession after all of the estate's debts have been paid, except for a reasonable reserve of assets that the independent executor may retain in a fiduciary capacity pending court approval of the final account.  The court may review the amount of assets on reserve and may order the independent executor to make further distributions under this section.(e)  Except as ordered by the court, the independent executor is entitled to pay from the estate legal fees, expenses, or other costs incurred in relation to a proceeding for judicial discharge filed under this section.  The independent executor shall be personally liable to refund any amount of such fees, expenses, or other costs not approved by the court as a proper charge against the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 34, eff. September 1, 2017.|
TX Est Code § 405.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.004. Closing Independent Administration by Closing Report or Notice of Closing Estate

Sec. 405.004.  CLOSING INDEPENDENT ADMINISTRATION BY CLOSING REPORT OR NOTICE OF CLOSING ESTATE.  When all of the debts known to exist against the estate have been paid, or when they have been paid so far as the assets in the independent executor's possession will permit, when there is no pending litigation, and when the independent executor has distributed to the distributees entitled to the estate all assets of the estate, if any, remaining after payment of debts, the independent executor may file with the court a closing report or a notice of closing of the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.005. Closing Report

Sec. 405.005.  CLOSING REPORT.  An independent executor may file a closing report verified by affidavit that:(1)  shows:(A)  the property of the estate that came into the independent executor's possession;(B)  the debts that have been paid;(C)  the debts, if any, still owing by the estate;(D)  the property of the estate, if any, remaining on hand after payment of debts; and(E)  the names and addresses of the distributees to whom the property of the estate, if any, remaining on hand after payment of debts has been distributed; and(2)  includes signed receipts or other proof of delivery of property to the distributees named in the closing report if the closing report reflects that there was property remaining on hand after payment of debts.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.006. Notice of Closing Estate

Sec. 405.006.  NOTICE OF CLOSING ESTATE.  (a)  Instead of filing a closing report under Section 405.005, an independent executor may file a notice of closing estate verified by affidavit that states:(1)  that all debts known to exist against the estate have been paid or have been paid to the extent permitted by the assets in the independent executor's  possession;(2)  that all remaining assets of the estate, if any, have been distributed; and(3)  the names and addresses of the distributees to whom the property of the estate, if any, remaining on hand after payment of debts has been distributed.(b)  Before filing the notice, the independent executor shall provide to each distributee of the estate a copy of the notice of closing estate.  The notice of closing estate filed by the independent executor must include signed receipts or other proof that all distributees have received a copy of the notice of closing estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.007. Effect of Filing Closing Report or Notice of Closing Estate

Sec. 405.007.  EFFECT OF FILING CLOSING REPORT OR NOTICE OF CLOSING ESTATE.  (a)  The independent administration of an estate is considered closed 30 days after the date of the filing of a closing report or notice of closing estate unless an interested person files an objection with the court within that time.  If an interested person files an objection within the 30-day period, the independent administration of the estate is closed when the objection has been disposed of or the court signs an order closing the estate.(b)  The closing of an independent administration by filing of a closing report or notice of closing estate terminates the power and authority of the independent executor, but does not relieve the independent executor from liability for any mismanagement of the estate or from liability for any false statements contained in the report or notice.(c)  When a closing report or notice of closing estate has been filed, persons dealing with properties of the estate, or with claims against the estate, shall deal directly with the distributees of the estate; and the acts of the distributees with respect to the properties or claims shall in all ways be valid and binding as regards the persons with whom they deal, notwithstanding any false statements made by the independent executor in the report or notice.(d)  If the independent executor is required to give bond, the independent executor's filing of the closing report and proof of delivery, if required, automatically releases the sureties on the bond from all liability for the future acts of the principal.  The filing of a notice of closing estate does not release the sureties on the bond of an independent executor.(e)  An independent executor's closing report or notice of closing estate shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent or trustee of any evidence of interest, indebtedness, property, or right that belongs to the estate, for payment or transfer without additional administration to the distributees described in the will as entitled to receive the particular asset or who as heirs at law are entitled to receive the asset.  The distributees described in the will as entitled to receive the particular asset or the heirs at law entitled to receive the asset may enforce their right to the payment or transfer by suit.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.008 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.008. Partition and Distribution or Sale of Property Incapable of Division

Sec. 405.008.  PARTITION AND DISTRIBUTION OR SALE OF PROPERTY INCAPABLE OF DIVISION.  If the will does not distribute the entire estate of the testator or provide a means for partition of the estate, or if no will was probated, the independent executor may, but may not be required to, petition the probate court for either a partition and distribution of the estate or an order of sale of any portion of the estate alleged by the independent executor and found by the court to be incapable of a fair and equal partition and distribution, or both.  The estate or portion of the estate shall either be partitioned and distributed or sold, or both, in the manner provided for the partition and distribution of property and the sale of property incapable of division in supervised estates.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.009 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.009. Closing Independent Administration on Application by Distributee

Sec. 405.009.  CLOSING INDEPENDENT ADMINISTRATION ON APPLICATION BY DISTRIBUTEE.  (a)  At any time after an estate has been fully administered and there is no further need for an independent administration of the estate, any distributee may file an application to close the administration; and, after citation on the independent executor, and on hearing, the court may enter an order:(1)  requiring the independent executor to file a closing report meeting the requirements of Section 405.005;(2)  closing the administration;(3)  terminating the power of the independent executor to act as independent executor; and(4)  releasing the sureties on any bond the independent executor was required to give from all liability for the future acts of the principal.(b)  The order of the court closing the independent administration shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent or trustee of any evidence of interest, indebtedness, property, or right that belongs to the estate, for payment or transfer without additional administration to the distributees described in the will as entitled to receive the particular asset or who as heirs at law are entitled to receive the asset.  The distributees described in the will as entitled to receive the particular asset or the heirs at law entitled to receive the asset may enforce their right to the payment or transfer by suit.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.010 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.010. Issuance of Letters

Sec. 405.010.  ISSUANCE OF LETTERS.  At any time before the authority of an independent executor has been terminated in the manner set forth in this subtitle, the clerk shall issue such number of letters testamentary as the independent executor shall request.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.011 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.011. Rights and Remedies Cumulative

Sec. 405.011.  RIGHTS AND REMEDIES CUMULATIVE.  The rights and remedies conferred by this chapter are cumulative of other rights and remedies to which a person interested in the estate may be entitled under law.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 405.012 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 405 - Closing and Distributions|Section 405.012. Closing Procedures Not Required

Sec. 405.012.  CLOSING PROCEDURES NOT REQUIRED.  An independent executor is not required to close the independent administration of an estate under Section 405.003 or Sections 405.004 through 405.007.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 451.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 451 - Order of No Administration|Section 451.001. Application for Family Allowance and Order of No Administration

Sec. 451.001.  APPLICATION FOR FAMILY ALLOWANCE AND ORDER OF NO ADMINISTRATION.  (a)  If the value of the entire assets of an estate, excluding homestead and exempt property, does not exceed the amount to which the surviving spouse, minor children, and adult incapacitated children of the decedent are entitled as a family allowance, an application may be filed by or on behalf of the surviving spouse, minor children, or adult incapacitated children requesting a court to make a family allowance and to enter an order that no administration of the decedent's estate is necessary.(b)  The application may be filed:(1)  in any court in which venue is proper for administration; or(2)  if an application for the appointment of a personal representative has been filed but not yet granted, in the court in which the application is filed.(c)  The application must:(1)  state the names of the heirs or devisees;(2)  list, to the extent known, estate creditors together with the amounts of the claims; and(3)  describe all property belonging to the estate, together with:(A)  the estimated value of the property according to the best knowledge and information of the applicant; and(B)  the liens and encumbrances on the property.(d)  The application must also include a prayer that the court make a family allowance and that, if the family allowance exhausts the entire assets of the estate, excluding homestead and exempt property, the entire assets of the estate be set aside to the surviving spouse, minor children, and adult incapacitated children, as with other family allowances provided for by Subchapter C, Chapter 353.|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. 2.15, eff. January 1, 2014.|
TX Est Code § 451.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 451 - Order of No Administration|Section 451.002. Hearing and Order

Sec. 451.002.  HEARING AND ORDER.  (a)  On the filing of an application under Section 451.001, the court may hear the application:(1)  promptly without notice; or(2)  at a time and with notice as required by the court.(b)  On the hearing of the application, if the court finds that the facts contained in the application are true and that the expenses of last illness, funeral charges, and expenses of the proceeding have been paid or secured, the court shall:(1)  make a family allowance; and(2)  if the entire assets of the estate, excluding homestead and exempt property, are exhausted by the family allowance made under Subdivision (1):(A)  assign to the surviving spouse, minor children, and adult incapacitated children the entire estate in the same manner and with the same effect as provided in Subchapter C, Chapter 353, for the making of a family allowance to the surviving spouse, minor children, and adult incapacitated children; and(B)  order that there shall be no administration of the estate.|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. 2.16, eff. January 1, 2014.|
TX Est Code § 451.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 451 - Order of No Administration|Section 451.003. Effect of Order

Sec. 451.003.  EFFECT OF ORDER.  (a)  An order of no administration issued under Section 451.002(b) constitutes sufficient legal authority to each person who owes money, has custody of property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right, belonging to the estate, and to each person purchasing from or otherwise dealing with the estate, for payment or transfer without administration to the persons described in the order as entitled to receive the estate.(b)  The persons described in the order are entitled to enforce by suit their right to payment or transfer described by this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 451.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 451 - Order of No Administration|Section 451.004. Proceeding to Revoke Order

Sec. 451.004.  PROCEEDING TO REVOKE ORDER.  (a)  At any time, but not later than the first anniversary of the date of entry of an order of no administration under Section 451.002(b), any interested person may file an application to revoke the order.(b)  An application to revoke the order must allege that:(1)  other estate property has been discovered, property belonging to the estate was not included in the application for no administration, or the property described in the application for no administration was incorrectly valued; and(2)  if that property were added, included, or correctly valued, as applicable, the total value of the property would exceed the amount necessary to justify the court in ordering no administration.(c)  The court shall revoke the order on proof of any of the grounds described by Subsection (b).(d)  If the value of any property is contested, the court may appoint two appraisers to appraise the property in accordance with the procedure prescribed for inventories and appraisements under Chapter 309.  The appraisement of the appointed appraisers shall be received in evidence but is not conclusive.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 453.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 453 - Administration of Community Property|Section 453.001. Effect of Chapter

Sec. 453.001.  EFFECT OF CHAPTER.  This chapter does not prohibit the administration of community property under other provisions of this title relating to the administration of an estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|