reglab/housing_qa huggingface dataset:
TX Est Code § 305.253 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter F. New Bonds|Section 305.253. Show Cause Hearing on New Bond Requirement

Sec. 305.253.  SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.  (a)  On the return of a citation ordering a personal representative to show cause why the representative should not be required to give a new bond, the judge shall, on the date specified for the hearing of the matter, inquire into the sufficiency of the reasons for requiring a new bond.(b)  If the judge is satisfied that a new bond should be required, the judge shall enter an order requiring a new bond.  The order must state:(1)  the amount of the new bond; and(2)  the period within which the new bond must be given, which may not be later than the 20th day after the date of the order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.254 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter F. New Bonds|Section 305.254. Effect of Order Requiring New Bond

Sec. 305.254.  EFFECT OF ORDER REQUIRING NEW BOND.  (a)  An order requiring a personal representative to give a new bond has the effect of suspending the representative's powers.(b)  After the order is entered, the personal representative may not pay out any of the estate's money or take any other official action, except to preserve estate property, until the new bond is given and approved.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.255 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter F. New Bonds|Section 305.255. New Bond in Decreased Amount

Sec. 305.255.  NEW BOND IN DECREASED AMOUNT.  (a)  A personal representative required to give a bond may at any time file with the clerk a written application requesting that the court reduce the amount of the bond.(b)  On the filing of an application under Subsection (a), the clerk shall promptly issue and have notice posted to all interested persons and the sureties on the bond.  The notice must inform the interested persons and sureties of:(1)  the fact that the application has been filed;(2)  the nature of the application; and(3)  the time the judge will hear the application.(c)  The judge may permit the filing of a new bond in a reduced amount if:(1)  proof is submitted that a bond in an amount less than the bond in effect will be adequate to meet the requirements of law and protect the estate; and(2)  the judge approves an accounting filed at the time of the application.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.256 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter F. New Bonds|Section 305.256. Request by Surety for New Bond

Sec. 305.256.  REQUEST BY SURETY FOR NEW BOND.  (a)  A surety on a bond may at any time file with the clerk a petition requesting that the court in which the proceedings are pending:(1)  require the personal representative to give a new bond; and(2)  discharge the petitioner from all liability for the future acts of the representative.(b)  On the filing of a petition under Subsection (a), the personal representative shall be cited to appear and give a new bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 305.257 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 305 - Qualification of Personal Representatives|Subchapter F. New Bonds|Section 305.257. Discharge of Former Sureties on Execution of New Bond

Sec. 305.257.  DISCHARGE OF FORMER SURETIES ON EXECUTION OF NEW BOND.  When a new bond has been given and approved, the court shall enter an order discharging the sureties on the former bond from all liability for the future acts of the principal on the bond.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 308.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter A. Notice to Certain Beneficiaries After Probate of Will|Section 308.001. Definition

Sec. 308.001.  DEFINITION.  In this subchapter, "beneficiary" means a person, entity, state, governmental agency of the state, charitable organization, or trustee of a trust entitled to receive property under the terms of a decedent's will, to be determined for purposes of this subchapter with the assumption that each person who is alive on the date of the decedent's death survives any period required to receive the bequest as specified by the terms of the will.  The term does not include a person, entity, state, governmental agency of the state, charitable organization, or trustee of a trust that would be entitled to receive property under the terms of a decedent's will on the occurrence of a contingency that has not occurred as of the date of the decedent's death.|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. 2.34, eff. January 1, 2014.|
TX Est Code § 308.0015 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter A. Notice to Certain Beneficiaries After Probate of Will|Section 308.0015. Application

Sec. 308.0015.  APPLICATION.  This subchapter does not apply to the probate of a will as a muniment of title.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.35, eff. January 1, 2014.|
TX Est Code § 308.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter A. Notice to Certain Beneficiaries After Probate of Will|Section 308.003. Contents of Notice

Sec. 308.003.  CONTENTS OF NOTICE.  The notice required by Section 308.002 must include:(1)   the name and address of the beneficiary to whom the notice is given or, for a beneficiary described by Section 308.002(b), the name and address of the beneficiary for whom the notice is given and of the person to whom the notice is given;(2)  the decedent's name;(3)  a statement that the decedent's will has been admitted to probate;(4)  a statement that the beneficiary to whom or for whom the notice is given is named as a beneficiary in the will;(5)  the personal representative's name and contact information; and(6)  either:(A) a copy of the will that was admitted to probate and of the order admitting the will to probate; or(B)  a summary of the gifts to the beneficiary under the will, the court in which the will was admitted to probate, the docket number assigned to the estate, the date the will was admitted to probate, and, if different, the date the court appointed the personal representative.|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. 2.37, eff. January 1, 2014.|
TX Est Code § 308.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter A. Notice to Certain Beneficiaries After Probate of Will|Section 308.004. Affidavit or Certificate

Sec. 308.004.  AFFIDAVIT OR CERTIFICATE.  (a)  Not later than the 90th day after the date of an order admitting a will to probate, the personal representative shall file with the clerk of the court in which the decedent's estate is pending a sworn affidavit of the representative or a certificate signed by the representative's attorney stating:(1)  for each beneficiary to whom notice was required to be given under this subchapter, the name of the beneficiary to whom the representative gave the notice or, for a beneficiary described by Section 308.002(b), the name of the beneficiary and of the person to whom the notice was given;(2)  the name of each beneficiary to whom notice was not required to be given under Section 308.002(c)(2), (3), or (4);(3)  the name of each beneficiary whose identity or address could not be ascertained despite the representative's exercise of reasonable diligence; and(4)  any other information necessary to explain the representative's inability to give the notice to or for any beneficiary as required by this subchapter.(b)  The affidavit or certificate required by Subsection (a) may be included with any pleading or other document filed with the court clerk, including the inventory, appraisement, and list of claims, an affidavit in lieu of the inventory, appraisement, and list of claims, or an application for an extension of the deadline to file the inventory, appraisement, and list of claims or an affidavit in lieu of the inventory, appraisement, and list of claims, provided that the pleading or other document is filed not later than the date the affidavit or certificate is required to be filed under Subsection (a).|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. 2.38, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 31, eff. September 1, 2015.|
TX Est Code § 308.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter B. Notice to Claimants|Section 308.051. Required Notice Regarding Presentment of Claims in General

Sec. 308.051.  REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL.  (a)  Within one month after receiving letters testamentary or of administration, a personal representative of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law by:(1)  having the notice published in a newspaper of general circulation in the county in which the letters were issued; and(2)  if the decedent remitted or should have remitted taxes administered by the comptroller, sending the notice to the comptroller by certified or registered mail.(b)  Notice provided under Subsection (a) must include:(1)  the date the letters testamentary or of administration were issued to the personal representative;(2)  the address to which a claim may be presented; and(3)  an instruction of the representative's choice that the claim be addressed in care of:(A)  the representative;(B)  the representative's attorney; or(C)  "Representative, Estate of __________" (naming the estate).(c)  If there is no newspaper of general circulation in the county in which the letters testamentary or of administration were issued, the notice must be posted and the return made and filed as otherwise required by this title.|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. 27, eff. September 1, 2017.|
TX Est Code § 308.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter B. Notice to Claimants|Section 308.052. Proof of Publication

Sec. 308.052.  PROOF OF PUBLICATION.  A copy of the published notice required by Section 308.051(a)(1), together with the publisher's affidavit, sworn to and subscribed before a proper officer, to the effect that the notice was published as provided in this title for the service of citation or notice by publication, shall be filed in the court in which the cause is pending.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 308.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter B. Notice to Claimants|Section 308.053. Required Notice to Secured Creditor

Sec. 308.053.  REQUIRED NOTICE TO SECURED CREDITOR.  (a)  Within two months after receiving letters testamentary or of administration, a personal representative of an estate shall give notice of the issuance of the letters to each person the representative knows to have a claim for money against the estate that is secured by estate property.(b)  Within a reasonable period after a personal representative obtains actual knowledge of the existence of a person who has a secured claim for money against the estate and to whom notice was not previously given, the representative shall give notice to the person of the issuance of the letters testamentary or of administration.(c)  Notice provided under this section must be:(1)  sent by certified or registered mail, return receipt requested; and(2)  addressed to the record holder of the claim at the record holder's last known post office address.(d)  The following shall be filed with the clerk of the court in which the letters testamentary or of administration were issued:(1)  a copy of each notice and of each return receipt; and(2)  the personal representative's affidavit stating:(A)  that the notice was mailed as required by law; and(B)  the name of the person to whom the notice was mailed, if that name is not shown on the notice or receipt.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 308.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter B. Notice to Claimants|Section 308.054. Permissive Notice to Unsecured Creditor

Sec. 308.054.  PERMISSIVE NOTICE TO UNSECURED CREDITOR.  (a)  At any time before an estate administration is closed, a personal representative may give notice by certified or registered mail, return receipt requested, to an unsecured creditor who has a claim for money against the estate.(b)  Notice given under Subsection (a) must:(1)  expressly state that the creditor must present the claim before the 121st day after the date of the receipt of the notice or the claim is barred, if the claim is not barred by the general statutes of limitation; and(2)  include:(A)  the date the letters testamentary or of administration held by the personal representative were issued to the representative;(B)  the address to which the claim may be presented; and(C)  an instruction of the representative's choice that the claim be addressed in care of:(i)  the representative;(ii)  the representative's attorney; or(iii)  "Representative, Estate of _______" (naming the estate).|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. 39, eff. January 1, 2014.|
TX Est Code § 308.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter B. Notice to Claimants|Section 308.055. One Notice Sufficient

Sec. 308.055.  ONE NOTICE SUFFICIENT.  A personal representative is not required to give a notice required by Section 308.051 or 308.053 if another person also appointed as personal representative of the estate or a former personal representative of the estate has given that notice.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 308.056 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 308 - Notice to Beneficiaries and Claimants|Subchapter B. Notice to Claimants|Section 308.056. Liability for Failure to Give Required Notice

Sec. 308.056.  LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE.  A personal representative who fails to give a notice required by Section 308.051 or 308.053, or to cause the notice to be given, and the sureties on the representative's bond are liable for any damage a person suffers due to that neglect, unless it appears that the person otherwise had notice.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 309 - Inventory, Appraisement, and List of Claims|Subchapter A. Appraisers|Section 309.001. Appointment of Appraisers

Sec. 309.001.  APPOINTMENT OF APPRAISERS.  (a)  At any time after letters testamentary or of administration are granted, the court, for good cause, on the court's own motion or on the motion of an interested person shall appoint at least one but not more than three disinterested persons who are residents of the county in which the letters were granted to appraise the estate property.(b)   If the court makes an appointment under Subsection (a) and part of the estate is located in a county other than the county in which the letters were granted, the court, if the court considers necessary, may appoint at least one but not more than three disinterested persons who are residents of the county in which the relevant part of the estate is located to appraise the estate property located in that county.|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. 32, eff. September 1, 2015.|
TX Est Code § 309.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 309 - Inventory, Appraisement, and List of Claims|Subchapter A. Appraisers|Section 309.002. Appraisers' Fees

Sec. 309.002.  APPRAISERS' FEES.  An appraiser appointed by the court as herein authorized is entitled to receive compensation, payable out of the estate, of at least $5 for each day the appraiser actually serves in performing the appraiser's duties.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 309 - Inventory, Appraisement, and List of Claims|Subchapter A. Appraisers|Section 309.003. Failure or Refusal to Act by Appraisers

Sec. 309.003.  FAILURE OR REFUSAL TO ACT BY APPRAISERS.  If an appraiser appointed under Section 309.001 fails or refuses to act, the court by one or more similar orders shall remove the appraiser and appoint one or more other appraisers, as the case requires.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 309 - Inventory, Appraisement, and List of Claims|Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims|Section 309.051. Inventory and Appraisement

Sec. 309.051.  INVENTORY AND APPRAISEMENT.  (a)  Except as provided by Subsection (c) or Section 309.056 or unless a longer period is granted by the court, before the 91st day after the date the personal representative qualifies, the representative shall prepare and file with the court clerk a single written instrument that contains a verified, full, and detailed inventory of all estate property that has come into the representative's possession or of which the representative has knowledge.  The inventory must:(1)  include:(A)  all estate real property located in this state; and(B)  all estate personal property regardless of where the property is located; and(2)  specify which portion of the property, if any, is separate property and which, if any, is community property.(b)  The personal representative shall:(1)  set out in the inventory the representative's appraisement of the fair market value on the date of the decedent's death of each item in the inventory; or(2)  if the court has appointed one or more appraisers for the estate:(A)  determine the fair market value of each item in the inventory with the assistance of the appraiser or appraisers; and(B)  set out that appraisement in the inventory.(c)  The court for good cause shown may require the personal representative to file the inventory and appraisement within a shorter period than the period prescribed by Subsection (a).(d)  The inventory, when approved by the court and filed with the court clerk, is for all purposes the inventory and appraisement of the estate referred to in this title.|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. 8.014, eff. January 1, 2014.Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.40, eff. January 1, 2014.Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 40, eff. January 1, 2014.|
TX Est Code § 309.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle G - Initial Appointment of Personal Representative and Opening of Administration|Chapter 309 - Inventory, Appraisement, and List of Claims|Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims|Section 309.052. List of Claims

Sec. 309.052.  LIST OF CLAIMS.  A complete list of claims due or owing to the estate must be attached to the inventory and appraisement required by Section 309.051.  The list of claims must state:(1)  the name and, if known, address of each person indebted to the estate; and(2)  regarding each claim:(A)  the nature of the debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract;(B)  the date the debt was incurred;(C)  the date the debt was or is due;(D)  the amount of the claim, the rate of interest on the claim, and the period for which the claim bears interest; and(E)  whether the claim is separate property or community property.|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. 2.41, eff. January 1, 2014.|