reglab/housing_qa huggingface dataset:
TX Est Code § 255.153 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator|Section 255.153. Disposition of Property to Certain Devisees Who Predecease Testator

Sec. 255.153.  DISPOSITION OF PROPERTY TO CERTAIN DEVISEES WHO PREDECEASE TESTATOR.  (a)  If a devisee who is a descendant of the testator or a descendant of a testator's parent is deceased at the time the will is executed, fails to survive the testator, or is treated as if the devisee predeceased the testator by Chapter 121 or otherwise, the descendants of the devisee who survived the testator by 120 hours take the devised property in place of the devisee.(b)  Devised property to which Subsection (a) applies shall be divided into the number of shares equal to the total number of surviving descendants in the nearest degree of kinship to the devisee and deceased persons in the same degree of kinship to the devisee whose descendants survived the testator. Each surviving descendant in the nearest degree of kinship to the devisee receives one share, and the share of each deceased person in the same degree of kinship to the devisee whose descendants survived the testator is divided among the descendants by representation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.154 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator|Section 255.154. Devisee Under Class Gift

Sec. 255.154.  DEVISEE UNDER CLASS GIFT.  For purposes of this subchapter, a person who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee unless the person died before the date the will was executed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.251 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter F. Devise of Securities|Section 255.251. Definitions

Sec. 255.251.  DEFINITIONS.  In this subchapter:(1)  "Securities" has the meaning assigned by Section 4001.068, Government Code.(2)  "Stock" means securities.|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. 491 (H.B. 4171), Sec. 2.10, eff. January 1, 2022.|
TX Est Code § 255.252 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter F. Devise of Securities|Section 255.252. Increase in Securities; Accessions

Sec. 255.252.  INCREASE IN SECURITIES; ACCESSIONS.  Unless the will of a testator clearly provides otherwise, a devise of securities that are owned by the testator on the date the will is executed includes the following additional securities subsequently acquired by the testator as a result of the testator's ownership of the devised securities:(1)  securities of the same organization acquired because of an action initiated by the organization or any successor, related, or acquiring organization, including stock splits, stock dividends, and new issues of stock acquired in a reorganization, redemption, or exchange, other than securities acquired through the exercise of purchase options or through a plan of reinvestment;  and(2)  securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization, including stock splits, stock dividends, and new issues of stock acquired in a reorganization, redemption, or exchange, other than securities acquired through the exercise of purchase options or through a plan of reinvestment.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.253 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter F. Devise of Securities|Section 255.253. Cash Distribution Not Included in Devise

Sec. 255.253.  CASH DISTRIBUTION NOT INCLUDED IN DEVISE.  Unless the will of a testator clearly provides otherwise, a devise of securities does not include a cash distribution relating to the securities that accrues before the testator's death, regardless of whether the distribution is paid before the testator's death.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.301 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter G. Exoneration of Debts Secured by Specific Devises|Section 255.301. No Right to Exoneration of Debts

Sec. 255.301.  NO RIGHT TO EXONERATION OF DEBTS.  Except as provided by Section 255.302, a specific devise passes to the devisee subject to each debt secured by the property that exists on the date of the testator's death, and the devisee is not entitled to exoneration from the testator's estate for payment of the debt.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.302 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter G. Exoneration of Debts Secured by Specific Devises|Section 255.302. Exception

Sec. 255.302.  EXCEPTION.  A specific devise does not pass to the devisee subject to a debt described by Section 255.301 if the will in which the devise is made specifically states that the devise passes without being subject to the debt.  A general provision in the will stating that debts are to be paid is not a specific statement 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 § 255.303 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter G. Exoneration of Debts Secured by Specific Devises|Section 255.303. Rights of Certain Creditors and Other Persons

Sec. 255.303.  RIGHTS OF CERTAIN CREDITORS AND OTHER PERSONS.  (a)  Section 255.301 does not affect the rights of creditors provided under this title or the rights of other persons or entities provided under Chapters 102 and 353.(b)  A debt described by Section 255.301 that a creditor elects to have allowed and approved as a matured secured claim shall be paid in accordance with Sections 355.153(b), (c), (d), and (e).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.304 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter G. Exoneration of Debts Secured by Specific Devises|Section 255.304. Applicability of Subchapter

Sec. 255.304.  APPLICABILITY OF SUBCHAPTER.  This subchapter is applicable only to wills executed on or after September 1, 2005.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 18, eff. September 1, 2015.|
TX Est Code § 255.351 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter H. Exercise of Power of Appointment Through Will|Section 255.351. Exercise of Power of Appointment Through Will

Sec. 255.351.  EXERCISE OF POWER OF APPOINTMENT THROUGH WILL.  A testator may not exercise a power of appointment through a residuary clause in the testator's will or through a will providing for general disposition of all of the testator's property unless:(1)  the testator makes a specific reference to the power in the will; or(2)  there is some other indication in writing that the testator intended to include the property subject to the power in the will.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 255.401 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter I. Class Gifts|Section 255.401. Posthumous Class Gift Membership

Sec. 255.401.  POSTHUMOUS CLASS GIFT MEMBERSHIP.(a)  A right to take as a member under a class gift does not accrue to any person unless the person is born before, or is in gestation at, the time of death of the person by which the class is measured and survives that person by at least 120 hours.(a-1)  For purposes of this section, a person is:(1)  considered to be in gestation if insemination or implantation occurs at or before the time of death of the person by which the class is measured; and(2)  presumed to be in gestation at the time of death of the person by which the class is measured if the person was born before the 301st day after the date of the person's death.(b)  A provision in the testator's will that is contrary to this section prevails over this section.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 21, eff. September 1, 2017.|
TX Est Code § 255.451 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter J. Judicial Modification or Reformation|Section 255.451. Circumstances Under Which Will May Be Modified or Reformed

Sec. 255.451.  CIRCUMSTANCES UNDER WHICH WILL MAY BE MODIFIED OR REFORMED.  (a)  Subject to the requirements of this section, on the petition of a personal representative, a court may order that the terms of the will be modified or reformed, that the personal representative be directed or permitted to perform acts that are not authorized or that are prohibited by the terms of the will, or that the personal representative be prohibited from performing acts that are required by the terms of the will, if:(1)  modification of administrative, nondispositive terms of the will is necessary or appropriate to prevent waste or impairment of the estate's administration;(2)  the order is necessary or appropriate to achieve the testator's tax objectives or to qualify a distributee for government benefits and is not contrary to the testator's intent; or(3)  the order is necessary to correct a scrivener's error in the terms of the will, even if unambiguous, to conform with the testator's intent.(a-1)  A personal representative seeking to modify or reform a will under this section must file a petition on or before the fourth anniversary of the date the will was admitted to probate.(b)  An order described in Subsection (a)(3) may be issued only if the testator's intent is established by clear and convincing evidence.(c)  Chapter 123, Property Code, applies to a proceeding under Subsection (a) that involves a charitable trust.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 22, eff. September 1, 2017.|
TX Est Code § 255.452 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter J. Judicial Modification or Reformation|Section 255.452. Judicial Discretion

Sec. 255.452.  JUDICIAL DISCRETION.  The court shall exercise the court's discretion to order a modification or reformation under this subchapter in the manner that conforms as nearly as possible to the probable intent of the testator.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.|
TX Est Code § 255.453 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter J. Judicial Modification or Reformation|Section 255.453. Retroactive Effect

Sec. 255.453.  RETROACTIVE EFFECT.  The court may direct that an order described by this subchapter has retroactive effect.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.|
TX Est Code § 255.454 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter J. Judicial Modification or Reformation|Section 255.454. Powers Cumulative

Sec. 255.454.  POWERS CUMULATIVE.  This subchapter does not limit a court's powers under other law, including the power to modify, reform, or terminate a testamentary trust under Section 112.054, Property Code.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.|
TX Est Code § 255.455 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 255 - Construction and Interpretation of Wills|Subchapter J. Judicial Modification or Reformation|Section 255.455. Duties and Liability of Personal Representative Under Subchapter

Sec. 255.455.  DUTIES AND LIABILITY OF PERSONAL REPRESENTATIVE UNDER SUBCHAPTER.  (a)  This subchapter does not create or imply a duty for a personal representative to:(1)  petition a court for modification or reformation of a will, to be directed or permitted to perform acts that are not authorized or that are prohibited by the terms of the will, or to be prohibited from performing acts that are required by the terms of the will;(2)  inform devisees about the availability of relief under this subchapter; or(3)  review the will or other evidence to determine whether any action should be taken under this subchapter.(b)  A personal representative is not liable for failing to file a petition under Section 255.451.|Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.|
TX Est Code § 256.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter A. Effectiveness of Will; Period for Probate|Section 256.001. Will Not Effective Until Probated

Sec. 256.001.  WILL NOT EFFECTIVE UNTIL PROBATED.  Except as provided by Subtitle K with respect to foreign wills, a will is not effective to prove title to, or the right to possession of, any property disposed of by the will until the will is admitted to probate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter A. Effectiveness of Will; Period for Probate|Section 256.002. Probate Before Death Void

Sec. 256.002.  PROBATE BEFORE DEATH VOID.  The probate of a will of a living person is void.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter A. Effectiveness of Will; Period for Probate|Section 256.003. Period for Admitting Will to Probate; Protection for Certain Purchasers

Sec. 256.003.  PERIOD FOR ADMITTING WILL TO PROBATE; PROTECTION FOR CERTAIN PURCHASERS.  (a)  Except as provided by Section 501.001 with respect to a foreign will, a will may not be admitted to probate after the fourth anniversary of the testator's death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator's death.(b)  Except as provided by Section 501.006 with respect to a foreign will, letters testamentary may not be issued if a will is admitted to probate after the fourth anniversary of the testator's death unless it is shown that the application for probate was filed on or before the fourth anniversary of the testator's death.(c)  A person who for value, in good faith, and without knowledge of the existence of a will purchases property from a decedent's heirs after the fourth anniversary of the decedent's death shall be held to have good title to the interest that the heir or heirs would have had in the absence of a will, as against the claim of any devisee under any will that is subsequently offered for probate.|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. 20, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 23, eff. September 1, 2017.|
TX Est Code § 256.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter B. Application Requirements|Section 256.051. Eligible Applicants for Probate of Will

Sec. 256.051.  ELIGIBLE APPLICANTS FOR PROBATE OF WILL.  (a)  An executor named in a will, an administrator designated as authorized under Section 254.006, an independent administrator designated by all of the distributees of the decedent under Section 401.002(b), or an interested person may file an application with the court for an order admitting a will to probate, whether the will is:(1)  in the applicant's possession or not;(2)  lost;(3)  destroyed; or(4)  outside of this state.(b)  An application for the probate of a will may be combined with an application for the appointment of an executor or administrator.  A person interested in either the probate or the appointment may apply for both.|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. 21, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 11, eff. September 1, 2019.|
TX Est Code § 256.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter B. Application Requirements|Section 256.052. Contents of Application for Probate of Will

Sec. 256.052.  CONTENTS OF APPLICATION FOR PROBATE OF WILL.  (a)  An application for the probate of a will must state and aver the following to the extent each is known to the applicant or can, with reasonable diligence, be ascertained by the applicant:(1)  each applicant's name and domicile;(1-a)  the last three numbers of each applicant's driver's license number and social security number, if the applicant has been issued one;(2)  the testator's name, domicile, and, if known, age, on the date of the testator's death;(2-a)  the last three numbers of the testator's driver's license number and social security number;(3)  the fact, date, and place of the testator's death;(4)  facts showing that the court with which the application is filed has venue;(5)  that the testator owned property, including a statement generally describing the property and the property's probable value;(6)  the date of the will;(7)  the name, state of residence, and physical address where service can be had of the executor named in the will or other person to whom the applicant desires that letters be issued;(8)  the name of each subscribing witness to the will, if any;(9)  whether one or more children born to or adopted by the testator after the testator executed the will survived the testator and, if so, the name of each of those children;(10)  whether a marriage of the testator was ever dissolved after the will was made and, if so, when and from whom;(11)  whether the state, a governmental agency of the state, or a charitable organization is named in the will as a devisee; and(12)  that the executor named in the will, the applicant, or another person to whom the applicant desires that letters be issued is not disqualified by law from accepting the letters.(b)  If an applicant does not state or aver any matter required by Subsection (a) in the application, the application must state the reason the matter is not stated and averred.|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. 2.30(a), eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 21, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 22, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 22, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 1039 (H.B. 1814), Sec. 1, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 12, eff. September 1, 2019.|
TX Est Code § 256.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter B. Application Requirements|Section 256.053. Filing of Will With Application for Probate Generally Required

Sec. 256.053.  FILING OF WILL WITH APPLICATION FOR PROBATE GENERALLY REQUIRED.  (a)  An applicant for the probate of a will shall file the will with the application if the will is in the applicant's control.(b)  A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody:(1)  by a court order under Section 256.202; or(2)  by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.|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. 23, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 24, eff. January 1, 2014.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 13, eff. September 1, 2019.|
TX Est Code § 256.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter B. Application Requirements|Section 256.054. Additional Application Requirements When No Will Is Produced

Sec. 256.054.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO WILL IS PRODUCED.  In addition to the requirements for an application under Section 256.052, if an applicant for the probate of a will cannot produce the will in court, the application must state:(1)  the reason the will cannot be produced;(2)  the contents of the will, as far as known; and(3)  the name and address, if known, whether the person is an adult or minor, and the relationship to the testator, if any, of:(A)  each devisee;(B)  each person who would inherit as an heir of the testator in the absence of a valid will; and(C)  in the case of partial intestacy, each heir of the testator.|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. 25, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 23, eff. September 1, 2015.|