reglab/housing_qa huggingface dataset:
TX Est Code § 151.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 151 - Examination of Documents and Safe Deposit Boxes|Section 151.001. Examination of Documents or Safe Deposit Box With Court Order

Sec. 151.001.  EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX WITH COURT ORDER.  (a)  A judge of a court that has probate jurisdiction of a decedent's estate may order a person to permit a court representative named in the order to examine a decedent's documents or safe deposit box if it is shown to the judge that:(1)  the person may possess or control the documents or that the person leased the safe deposit box to the decedent; and(2)  the documents or safe deposit box may contain:(A)  a will of the decedent;(B)  a deed to a burial plot in which the decedent is to be buried; or(C)  an insurance policy issued in the decedent's name and payable to a beneficiary named in the policy.(b)  The court representative shall examine the decedent's documents or safe deposit box in the presence of:(1)  the judge ordering the examination or an agent of the judge; and(2)  the person who has possession or control of the documents or who leased the safe deposit box or, if that person is a corporation, an officer of the corporation or an agent of an officer.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 151.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 151 - Examination of Documents and Safe Deposit Boxes|Section 151.002. Delivery of Document With Court Order

Sec. 151.002.  DELIVERY OF DOCUMENT WITH COURT ORDER.  (a)  A judge who orders an examination of a decedent's documents or safe deposit box under Section 151.001 may order the person who possesses or controls the documents or who leases the safe deposit box to permit the court representative to take possession of a document described by Section 151.001(a)(2).(b)  The court representative shall deliver:(1)  a will to the clerk of a court that:(A)  has probate jurisdiction; and(B)  is located in the same county as the court of the judge who ordered the examination under Section 151.001;(2)  a burial plot deed to the person designated by the judge in the order for the examination; or(3)  an insurance policy to a beneficiary named in the policy.(c)  A court clerk to whom a will is delivered under Subsection (b) shall issue a receipt for the will to the court representative.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 151.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 151 - Examination of Documents and Safe Deposit Boxes|Section 151.003. Examination of Document or Safe Deposit Box Without Court Order

Sec. 151.003.  EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX WITHOUT COURT ORDER.  (a)  A person who possesses or controls a document delivered by a decedent for safekeeping or who leases a safe deposit box to a decedent may permit examination of the document or the contents of the safe deposit box by:(1)  the decedent's spouse;(2)  a parent of the decedent;(3)  a descendant of the decedent who is at least 18 years of age; or(4)  a person named as executor of the decedent's estate in a copy of a document that the person has and that appears to be a will of the decedent.(b)  An examination under Subsection (a) shall be conducted in the presence of the person who possesses or controls the document or who leases the safe deposit box or, if the person is a corporation, an officer of the corporation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 151.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 151 - Examination of Documents and Safe Deposit Boxes|Section 151.004. Delivery of Document Without Court Order

Sec. 151.004.  DELIVERY OF DOCUMENT WITHOUT COURT ORDER.  (a)  Subject to Subsection (c), a person who permits an examination of a decedent's document or safe deposit box under Section 151.003 may deliver:(1)  a document appearing to be the decedent's will to:(A)  the clerk of a court that:(i)  has probate jurisdiction; and(ii)  is located in the county in which the decedent resided; or(B)  a person named in the document as an executor of the decedent's estate;(2)  a document appearing to be a deed to a burial plot in which the decedent is to be buried, or appearing to give burial instructions, to the person conducting the examination; or(3)  a document appearing to be an insurance policy on the decedent's life to a beneficiary named in the policy.(b)  A person who has leased a safe deposit box to the decedent shall keep a copy of a document delivered by the person under Subsection (a)(1) until the fourth anniversary of the date of delivery.(c)  A person may not deliver a document under Subsection (a) unless the person examining the document:(1)  requests delivery of the document; and(2)  issues a receipt for the document to the person delivering the document.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 151.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 151 - Examination of Documents and Safe Deposit Boxes|Section 151.005. Restriction on Removal of Contents of Safe Deposit Box

Sec. 151.005.  RESTRICTION ON REMOVAL OF CONTENTS OF SAFE DEPOSIT BOX.  A person may not remove the contents of a decedent's safe deposit box except as provided by Section 151.002, Section 151.004, or another law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 153.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 153 - Access to Intestate's Account With Financial Institution|Section 153.001. Definitions

Sec. 153.001.  DEFINITIONS.  In this chapter:(1)  "Account" has the meaning assigned by Section 113.001.(2)  "Financial institution" has the meaning assigned by Section 201.101, Finance Code.(3)  "P.O.D. account" and "trust account" have the meanings assigned by Section 113.004.|Added by Acts 2015, 84th Leg., R.S., Ch. 217 (H.B. 705), Sec. 1, eff. September 1, 2015.|
TX Est Code § 153.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 153 - Access to Intestate's Account With Financial Institution|Section 153.002. Inapplicability of Chapter

Sec. 153.002.  INAPPLICABILITY OF CHAPTER.  This chapter does not apply to:(1)  an account with a beneficiary designation;(2)  a P.O.D. account; (3)  a trust account; or(4)  an account that provides for a right of survivorship.|Added by Acts 2015, 84th Leg., R.S., Ch. 217 (H.B. 705), Sec. 1, eff. September 1, 2015.|
TX Est Code § 153.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle D - Proceedings Before Administration of Estate|Chapter 153 - Access to Intestate's Account With Financial Institution|Section 153.003. Court-Ordered Access to Intestate's Account Information

Sec. 153.003.  COURT-ORDERED ACCESS TO INTESTATE'S ACCOUNT INFORMATION.  (a) In this section, "interested person" means an heir, spouse, creditor, or any other having a property right in or claim against the decedent's estate.(b)  On application of an interested person or on the court's own motion, a court may issue an order requiring a financial institution to release to the person named in the order information concerning the balance of each account that is maintained at the financial institution of a decedent who dies intestate if:(1)  90 days have elapsed since the date of the decedent's death; (2)  no petition for the appointment of a personal representative for the decedent's estate is pending; and(3)  no letters testamentary or of administration have been granted with respect to the estate. |Added by Acts 2015, 84th Leg., R.S., Ch. 217 (H.B. 705), Sec. 1, eff. September 1, 2015.|
TX Est Code § 203.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 203 - Nonjudicial Evidence of Heirship|Section 203.001. Recorded Statement of Facts as Prima Facie Evidence of Heirship

Sec. 203.001.  RECORDED STATEMENT OF FACTS AS PRIMA FACIE EVIDENCE OF HEIRSHIP.  (a)  A court shall receive in a proceeding to declare heirship or a suit involving title to property a statement of facts concerning the family history, genealogy, marital status, or the identity of the heirs of a decedent as prima facie evidence of the facts contained in the statement if:(1)  the statement is contained in:(A)  an affidavit or other instrument legally executed and acknowledged or sworn to before, and certified by, an officer authorized to take acknowledgments or oaths, as applicable; or(B)  a judgment of a court of record; and(2)  the affidavit or instrument containing the statement has been of record for five years or more in the deed records of a county in this state in which the property is located at the time the suit involving title to property is commenced, or in the deed records of a county in this state in which the decedent was domiciled or had a fixed place of residence at the time of the decedent's death.(b)  If there is an error in a statement of facts in a recorded affidavit or instrument described by Subsection (a), anyone interested in a proceeding in which the affidavit or instrument is offered in evidence may prove the true facts.(c)  An affidavit of facts concerning the identity of a decedent's heirs as to an interest in real property that is filed in a proceeding or suit described by Subsection (a) may be in the form prescribed by Section 203.002.(d)  An affidavit of facts concerning the identity of a decedent's heirs does not affect the rights of an omitted heir or creditor of the decedent as otherwise provided by law.  This section is cumulative of all other statutes on the same subject and may not be construed as abrogating any right to present evidence or rely on an affidavit of facts conferred by any other statute or rule.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.001. Entitlement to Estate Without Appointment of Personal Representative

Sec. 205.001.  ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.  The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:(1)  30 days have elapsed since the date of the decedent's death;(2)  no petition for the appointment of a personal representative is pending or has been granted;(3)  the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;(4)  an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate;(5)  the judge approves the affidavit as provided by Section 205.003; and(6)  the distributees comply with Section 205.004.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 12, eff. September 1, 2017.|
TX Est Code § 205.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.002. Affidavit Requirements

Sec. 205.002.  AFFIDAVIT REQUIREMENTS.  (a) An affidavit filed under Section 205.001 must:(1)  be sworn to by:(A)  two disinterested witnesses;(B)  each distributee of the estate who has legal capacity; and(C)  if warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee;(2)  show the existence of the conditions prescribed by Sections 205.001(1), (2), and (3); and(3)  include:(A)  a list of all known estate assets and liabilities;(B)  the name and address of each distributee; and(C)  the relevant family history facts concerning heirship that show each distributee's right to receive estate money or other property or to have any evidence of money, property, or other right of the estate as is determined to exist transferred to the distributee as an heir or assignee.(b)  A list of all known estate assets under Subsection (a)(3)(A) must indicate which assets the applicant claims are exempt.|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. 1106 (H.B. 3136), Sec. 1, eff. September 1, 2015.|
TX Est Code § 205.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.003. Examination and Approval of Affidavit

Sec. 205.003.  EXAMINATION AND APPROVAL OF AFFIDAVIT.  The judge shall examine an affidavit filed under Section 205.001.  The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of this chapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.004. Copy of Affidavit to Certain Persons

Sec. 205.004.  COPY OF AFFIDAVIT TO CERTAIN PERSONS.  The distributees of the estate shall provide a copy of the affidavit under this chapter, certified by the court clerk, to each person who:(1)  owes money to the estate;(2)  has custody or possession of estate property; or(3)  acts as a registrar, fiduciary, or transfer agent of or for an evidence of interest, indebtedness, property, or other right belonging to the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.005. Affidavit as Local Government Record

Sec. 205.005.  AFFIDAVIT AS LOCAL GOVERNMENT RECORD.  (a)  If the judge approves an affidavit under Section 205.003, the affidavit shall be maintained as a local government record under Subtitle C, Title 6, Local Government Code.(b)  If the county does not maintain local government records in a manner authorized under Subtitle C, Title 6, Local Government Code, the county clerk shall provide and keep in the clerk's office an appropriate book labeled "Small Estates" in which the clerk shall, on payment of the legal recording fee, record each affidavit filed under this chapter.  The small estates book must contain an accurate index that shows the decedent's name and references to any land involved.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.006. Title to Homestead Transferred Under Affidavit

Sec. 205.006.  TITLE TO HOMESTEAD TRANSFERRED UNDER AFFIDAVIT.  (a)  If a decedent's homestead is the only real property in the decedent's estate, title to the homestead may be transferred under an affidavit that meets the requirements of this chapter.  The affidavit used to transfer title to the homestead must be recorded in the deed records of a county in which the homestead is located.(b)  A bona fide purchaser for value may rely on an affidavit recorded under this section.  A bona fide purchaser for value without actual or constructive notice of an heir who is not disclosed in the recorded affidavit acquires title to a homestead free of the interests of the undisclosed heir, but remains subject to any claim a creditor of the decedent has by law.  A purchaser has constructive notice of an heir who is not disclosed in the recorded affidavit if an affidavit, judgment of heirship, or title transaction in the chain of title in the deed records identifies that heir as the decedent's heir.(c)  An heir who is not disclosed in an affidavit recorded under this section may recover from an heir who receives consideration from a purchaser in a transfer for value of title to a homestead passing under the affidavit.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.007. Liability of Certain Persons

Sec. 205.007.  LIABILITY OF CERTAIN PERSONS.  (a)  A person making a payment, delivery, transfer, or issuance under an affidavit described by this chapter is released to the same extent as if made to a personal representative of the decedent.  The person may not be required to:(1)  see to the application of the affidavit; or(2)  inquire into the truth of any statement in the affidavit.(b)  The distributees to whom payment, delivery, transfer, or issuance is made are:(1)  answerable for the payment, delivery, transfer, or issuance to any person having a prior right; and(2)  accountable to any personal representative appointed after the payment, delivery, transfer, or issuance.(c)  Each person who executed the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.(d)  If a person to whom the affidavit is delivered refuses to pay, deliver, transfer, or issue property as provided by this section, the property may be recovered in an action brought for that purpose by or on behalf of the distributees entitled to the property on proof of the facts required to be stated in the affidavit.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.008 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.008. Effect of Chapter

Sec. 205.008.  EFFECT OF CHAPTER.  (a)  This chapter does not affect the disposition of property under a will or other testamentary document.(b)  Except as provided by Section 205.006, this chapter does not transfer title to real property.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 205.009 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle E - Intestate Succession|Chapter 205 - Small Estate Affidavit|Section 205.009. Construction of Certain References

Sec. 205.009.  CONSTRUCTION OF CERTAIN REFERENCES. A reference in this chapter to "homestead" or "exempt property" means only a homestead or other exempt property that would be eligible to be set aside under Section 353.051 if the decedent's estate was being administered.|Added by Acts 2015, 84th Leg., R.S., Ch. 1106 (H.B. 3136), Sec. 2, eff. September 1, 2015.|
TX Est Code § 253.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 253 - Change and Revocation of Wills|Section 253.001. Court May Not Prohibit Changing or Revoking a Will

Sec. 253.001.  COURT MAY NOT PROHIBIT CHANGING OR REVOKING A WILL.  (a)  Notwithstanding Section 22.007(a), in this section, "court" means a constitutional county court, district court, or statutory county court, including a statutory probate court.(b)  A court may not prohibit a person from:(1)  executing a new will;(2)  executing a codicil to an existing will; or(3)  revoking an existing will or codicil in whole or in part.(c)  Any portion of a court order that purports to prohibit a person from engaging in an action described by Subsection (b) is void and may be disregarded without penalty or sanction of any kind.|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. 20, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 15, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 16, eff. September 1, 2015.|
TX Est Code § 253.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 253 - Change and Revocation of Wills|Section 253.002. Revocation of Will

Sec. 253.002.  REVOCATION OF WILL.  A written will, or a clause or devise in a written will, may not be revoked, except by a subsequent will, codicil, or declaration in writing that is executed with like formalities, or by the testator destroying or canceling the same, or causing it to be destroyed or canceled in the testator's presence.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 254.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills|Section 254.001. Devises to Trustees

Sec. 254.001.  DEVISES TO TRUSTEES.  (a)  A testator may validly devise property in a will to the trustee of a trust established or to be established:(1)  during the testator's lifetime by the testator, the testator and another person, or another person, including a funded or unfunded life insurance trust in which the settlor has reserved any or all rights of ownership of the insurance contracts; or(2)  at the testator's death by the testator's devise to the trustee, regardless of the existence, size, or character of the corpus of the trust, if:(A)  the trust is identified in the testator's will; and(B)  the terms of the trust are in:(i)  a written instrument, other than a will, executed before, with, or after the execution of the testator's will; or(ii)  another person's will if that person predeceased the testator.(b)  A devise under Subsection (a) is not invalid because the trust:(1)  is amendable or revocable; or(2)  was amended after the execution of the will or the testator's death.(c)  Unless the testator's will provides otherwise, property devised to a trust described by Subsection (a) is not held under a testamentary trust of the testator. The property:(1)  becomes part of the trust to which the property is devised; and(2)  must be administered and disposed of according to the provisions of the instrument establishing the trust, including any amendment to the instrument made before or after the testator's death.(d)  Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|