reglab/housing_qa huggingface dataset:
TX Est Code § 32.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 32 - Jurisdiction|Section 32.005. Exclusive Jurisdiction of Probate Proceeding in County With Statutory Probate Court

Sec. 32.005.  EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.  (a)  In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings, regardless of whether contested or uncontested.  A cause of action related to the probate proceeding must be brought in a statutory probate court unless the jurisdiction of the statutory probate court is concurrent with the jurisdiction of a district court as provided by Section 32.007 or with the jurisdiction of any other court.(b)  This section shall be construed in conjunction and in harmony with Chapter 401 and Section 402.001 and all other sections of this title relating to independent executors, but may not be construed to expand the court's control over an independent executor.|Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.007, eff. January 1, 2014.|
TX Est Code § 32.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 32 - Jurisdiction|Section 32.006. Jurisdiction of Statutory Probate Court With Respect to Trusts and Powers of Attorney

Sec. 32.006.  JURISDICTION OF STATUTORY PROBATE COURT WITH RESPECT TO TRUSTS AND POWERS OF ATTORNEY.  In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of:(1)  an action by or against a trustee;(2)  an action involving an inter vivos trust, testamentary trust, or charitable trust;(3)  an action by or against an agent or former agent under a power of attorney arising out of the agent's performance of the duties of an agent; and(4)  an action to determine the validity of a power of attorney or to determine an agent's rights, powers, or duties under a power of attorney.|Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 3, eff. January 1, 2014.|
TX Est Code § 32.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 32 - Jurisdiction|Section 32.007. Concurrent Jurisdiction With District Court

Sec. 32.007.  CONCURRENT JURISDICTION WITH DISTRICT COURT.  A statutory probate court has concurrent jurisdiction with the district court in:(1)  a personal injury, survival, or wrongful death action by or against a person in the person's capacity as a personal representative;(2)  an action by or against a trustee;(3)  an action involving an inter vivos trust, testamentary trust, or charitable trust, including a charitable trust as defined by Section 123.001, Property Code;(4)  an action involving a personal representative of an estate in which each other party aligned with the personal representative is not an interested person in that estate;(5)  an action against an agent or former agent under a power of attorney arising out of the agent's performance of the duties of an agent; and(6)  an action to determine the validity of a power of attorney or to determine an agent's rights, powers, or duties under a power of attorney.|Added by Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 13(a), eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.03, eff. January 1, 2014.|
TX Est Code § 34.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 34 - Matters Relating to Certain Other Types of Proceedings|Section 34.001. Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding

Sec. 34.001.  TRANSFER TO STATUTORY PROBATE COURT OF PROCEEDING RELATED TO PROBATE PROCEEDING.  (a)  A judge of a statutory probate court, on the motion of a party to the action or on the motion of a person interested in an estate, may transfer to the judge's court from a district, county, or statutory court a cause of action related to a probate proceeding pending in the statutory probate court or a cause of action in which a personal representative of an estate pending in the statutory probate court is a party and may consolidate the transferred cause of action with the other proceedings in the statutory probate court relating to that estate.(b)  Notwithstanding any other provision of this subtitle, Title 1, Chapter 51, 52, 53, 54, 55, or 151, or Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or 351.355, the proper venue for an action by or against a personal representative for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.|Added by Acts 1983, 68th Leg., p. 5228, ch. 958, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1999, 76th Leg., ch. 1431, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 204, Sec. 3.06, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 12(c), eff. September 1, 2009.Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 1.03, eff. January 1, 2014.Transferred, redesignated and amended from Probate Code, Art/Sec 5B by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.009, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.006, eff. September 1, 2015.|
TX Est Code § 34.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 34 - Matters Relating to Certain Other Types of Proceedings|Section 34.002. Actions to Collect Delinquent Property Taxes

Sec. 34.002.  ACTIONS TO COLLECT DELINQUENT PROPERTY TAXES.  (a)  This section applies only to a decedent's estate that:(1)  is being administered in a pending probate proceeding;(2)  owns or claims an interest in property against which a taxing unit has imposed ad valorem taxes that are delinquent; and(3)  is not being administered as an independent administration under Chapter 401 and Section 402.001.(b)  Notwithstanding any provision of this code to the contrary, if the probate proceedings are pending in a foreign jurisdiction or in a county other than the county in which the taxes were imposed, a suit to foreclose the lien securing payment of the taxes or to enforce personal liability for the taxes must be brought under Section 33.41, Tax Code, in a court of competent jurisdiction in the county in which the taxes were imposed.(c)  If the probate proceedings have been pending for four years or less in the county in which the taxes were imposed, the taxing unit may present a claim for the delinquent taxes against the estate to the personal representative of the estate in the probate proceedings.(d)  If the taxing unit presents a claim against the estate under Subsection (c):(1)  the claim of the taxing unit is subject to each applicable provision in Subchapter A, Chapter 124, Subchapter B, Chapter 308, Subchapter F, Chapter 351, and Chapters 355 and 356 that relates to a claim or the enforcement of a claim in a probate proceeding; and(2)  the taxing unit may not bring a suit in any other court to foreclose the lien securing payment of the taxes or to enforce personal liability for the delinquent taxes before the first day after the fourth anniversary of the date the application for the probate proceeding was filed.(e)  To foreclose the lien securing payment of the delinquent taxes, the taxing unit must bring a suit under Section 33.41, Tax Code, in a court of competent jurisdiction for the county in which the taxes were imposed if:(1)  the probate proceedings have been pending in that county for more than four years; and(2)  the taxing unit did not present a delinquent tax claim under Subsection (c) against the estate in the probate proceeding.(f)  In a suit brought under Subsection (e), the taxing unit:(1)  shall make the personal representative of the decedent's estate a party to the suit; and(2)  may not seek to enforce personal liability for the taxes against the estate of the decedent.|Added by Acts 1999, 76th Leg., ch. 1481, Sec. 36, eff. Sept. 1, 1999.Transferred, redesignated and amended from Probate Code, Art/Sec 5C by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.009, eff. January 1, 2014.|
TX Est Code § 56.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 56 - Change and Resignation of Resident Agent of Personal Representative for Service of Process|Section 56.001. Change of Resident Agent

Sec. 56.001.  CHANGE OF RESIDENT AGENT.  (a)  A personal representative of an estate may change the representative's resident agent to accept service of process in a probate proceeding or other action relating to the estate by filing with the court in which the probate proceeding is pending a statement titled "Designation of Successor Resident Agent" that states the names and addresses of:(1)  the representative;(2)  the resident agent; and(3)  the successor resident agent.(b)  The designation of a successor resident agent takes effect on the date a statement under Subsection (a) is filed with the court.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 56.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 56 - Change and Resignation of Resident Agent of Personal Representative for Service of Process|Section 56.002. Resignation of Resident Agent

Sec. 56.002.  RESIGNATION OF RESIDENT AGENT.  (a)  A resident agent of a personal representative may resign as resident agent by giving notice to the representative and filing with the court in which the probate proceeding is pending a statement titled "Resignation of Resident Agent" that states:(1)  the name of the representative;(2)  the representative's address most recently known by the resident agent;(3)  that notice of the resignation has been given to the representative and the date that notice was given; and(4)  that the representative has not designated a successor resident agent.(b)  The resident agent shall send, by certified mail, return receipt requested, a copy of a resignation statement filed under Subsection (a) to:(1)  the personal representative at the address most recently known by the resident agent; and(2)  each party in the case or the party's attorney or other designated representative of record.(c)  The resignation of a resident agent takes effect on the date the court enters an order accepting the resignation.  A court may not enter an order accepting the resignation unless the resident agent complies with this section.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 102.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 102 - Probate Assets: Decedent's Homestead|Section 102.001. Treatment of Certain Children

Sec. 102.001.  TREATMENT OF CERTAIN CHILDREN.  For purposes of determining homestead rights, a child is a child of his or her mother and a child of his or her father, as provided by Sections 201.051, 201.052, and 201.053.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 102.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 102 - Probate Assets: Decedent's Homestead|Section 102.002. Homestead Rights Not Affected by Character of the Homestead

Sec. 102.002.  HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF THE HOMESTEAD.  The homestead rights and the respective interests of the surviving spouse and children of a decedent are the same whether the homestead was the decedent's separate property or was community property between the surviving spouse and the decedent.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 102.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 102 - Probate Assets: Decedent's Homestead|Section 102.003. Passage of Homestead

Sec. 102.003.  PASSAGE OF HOMESTEAD.  The homestead of a decedent who dies leaving a surviving spouse descends and vests on the decedent's death in the same manner as other real property of the decedent and is governed by the same laws of descent and distribution.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 102.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 102 - Probate Assets: Decedent's Homestead|Section 102.004. Liability of Homestead for Debts

Sec. 102.004.  LIABILITY OF HOMESTEAD FOR DEBTS.  If the decedent was survived by a spouse or minor child, the homestead is not liable for the payment of any of the debts of the estate, other than:(1)  purchase money for the homestead;(2)  taxes due on the homestead;(3)  work and material used in constructing improvements on the homestead if the requirements of Section 50(a)(5), Article XVI, Texas Constitution, are met;(4)  an owelty of partition imposed against the entirety of the property by a court order or written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding;(5)  the refinance of a lien against the homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the decedent;(6)  an extension of credit on the homestead if the requirements of Section 50(a)(6), Article XVI, Texas Constitution, are met; or(7)  a reverse mortgage.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 8, eff. January 1, 2014.|
TX Est Code § 102.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 102 - Probate Assets: Decedent's Homestead|Section 102.005. Prohibitions on Partition of Homestead

Sec. 102.005.  PROHIBITIONS ON PARTITION OF HOMESTEAD.  The homestead may not be partitioned among the decedent's heirs:(1)  during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or(2)  during the period the guardian of the decedent's minor children is permitted to use and occupy the homestead under a court order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 102.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 102 - Probate Assets: Decedent's Homestead|Section 102.006. Circumstances Under Which Partition of Homestead Is Authorized

Sec. 102.006.  CIRCUMSTANCES UNDER WHICH PARTITION OF HOMESTEAD IS AUTHORIZED.  The homestead may be partitioned among the respective owners of the property in the same manner as other property held in common if:(1)  the surviving spouse dies, sells his or her interest in the homestead, or elects to no longer use or occupy the property as a homestead; or(2)  the court no longer permits the guardian of the minor children to use and occupy the property as a homestead.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 115.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 115 - Beneficiary Designation for Motor Vehicles|Section 115.001. Definitions

Sec. 115.001.  DEFINITIONS.  In this chapter:(1)  "Beneficiary designation" means the designation by an owner of a motor vehicle of a beneficiary of the vehicle as provided by Section 501.0315, Transportation Code.(2)  "Designated beneficiary" means a person designated as a beneficiary of an owner's interest in a motor vehicle under Section 501.0315, Transportation Code.(3)  "Joint owner with right of survivorship" or "joint owner" means a person who owns a motor vehicle concurrently with one or more other persons with a right of survivorship.  The term does not include an owner of community property with or without a right of survivorship.(4)  "Motor vehicle" has the meaning assigned by Section 501.002, Transportation Code.(5)  "Person" has the meaning assigned by Section 311.005, Government Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.|
TX Est Code § 115.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 115 - Beneficiary Designation for Motor Vehicles|Section 115.002. Beneficiary Designation Authorized

Sec. 115.002.  BENEFICIARY DESIGNATION AUTHORIZED.  (a)  An owner of a motor vehicle may transfer the owner's interest in the motor vehicle to a sole beneficiary effective on the owner's death by designating a beneficiary as provided by Section 501.0315, Transportation Code.(b)  A beneficiary designation is:(1)  subject to Section 115.003(b), revocable and may be changed at any time without the consent of the designated beneficiary as provided by Section 501.0315, Transportation Code;(2)  a nontestamentary instrument; and(3)  effective without:(A)  notice or delivery to or acceptance by the designated beneficiary during the owner's life; or(B)  consideration.(c)  A will may not revoke or supersede a beneficiary designation, regardless of when the will is made.(d)  A designated beneficiary may disclaim the designated beneficiary's interest in the motor vehicle as provided by Chapter 240, Property Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.|
TX Est Code § 115.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 115 - Beneficiary Designation for Motor Vehicles|Section 115.003. Joint Ownership

Sec. 115.003.  JOINT OWNERSHIP.  (a)  If a motor vehicle that is the subject of a beneficiary designation is owned by joint owners with right of survivorship, the beneficiary designation must be made by all of the joint owners.(b)  A beneficiary designation made by joint owners with right of survivorship:(1)  may be revoked or changed as provided by Section 501.0315, Transportation Code, only if it is revoked or changed by all of the joint owners; and(2)  may be revoked or changed by the last surviving joint owner as provided by Section 501.0315, Transportation Code.|Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.|
TX Est Code § 115.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 115 - Beneficiary Designation for Motor Vehicles|Section 115.004. Effect of Beneficiary Designation During Owner's Life

Sec. 115.004.  EFFECT OF BENEFICIARY DESIGNATION DURING OWNER'S LIFE.  During a motor vehicle owner's life, a beneficiary designation does not:(1)  affect an interest or right of the owner or owners making the designation, including  the right to transfer or encumber the motor vehicle that is the subject of the designation;(2)  create a legal or equitable interest in favor of the designated beneficiary in the motor vehicle that is the subject of the designation, even if the beneficiary has actual or constructive notice of the designation;(3)  affect an interest or right of a secured or unsecured creditor or future creditor of the owner or owners making the designation, even if the creditor has actual or constructive notice of the designation; or(4)  affect an owner's or the designated beneficiary's eligibility for any form of public assistance, subject to applicable federal law.|Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.|
TX Est Code § 115.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 115 - Beneficiary Designation for Motor Vehicles|Section 115.005. Effect of Beneficiary Designation at Owner's or Last Surviving Owner's Death

Sec. 115.005.  EFFECT OF BENEFICIARY DESIGNATION AT OWNER'S OR LAST SURVIVING OWNER'S DEATH.  (a)  On the death of the owner of a motor vehicle that is the subject of a beneficiary designation, the following rules apply to an interest in the motor vehicle:(1)  if the designated beneficiary survives the owner making the designation by 120 hours, the interest in the motor vehicle is transferred to the designated beneficiary; and(2)  if the designated beneficiary fails to survive the owner making the designation by 120 hours, the share of the designated beneficiary lapses, notwithstanding Section 111.052, and is subject to and passes in accordance with Subchapter D, Chapter 255, as if the beneficiary designation were a devise made in a will.(b)  If an owner is a joint owner with right of survivorship who is survived by one or more other joint owners, the motor vehicle that is the subject of the beneficiary designation belongs to the surviving joint owner or owners.  If an owner is a joint owner with right of survivorship who is the last surviving joint owner, the beneficiary designation is effective.(c)  A designated beneficiary takes the motor vehicle subject to all encumbrances, assignments, contracts, liens, and other interests to which the vehicle is subject at the owner's or last surviving owner's death, as applicable.  The transfer to the designated beneficiary does not affect the ability of a lienholder to pursue an existing means of debt collection permitted under the laws of this state.|Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.|
TX Est Code § 115.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle C - Passage of Title and Distribution of Decedents' Property in General|Chapter 115 - Beneficiary Designation for Motor Vehicles|Section 115.006. Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances

Sec. 115.006.  CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES.  Sections 114.104(b), (c), and (d) and Section 114.106 apply to a transfer of an owner's interest in a motor vehicle by a beneficiary designation in the same manner and to the same extent as a transfer of real property under a transfer on death deed under Chapter 114.|Added by Acts 2017, 85th Leg., R.S., Ch. 586 (S.B. 869), Sec. 1, eff. September 1, 2017.|