reglab/housing_qa huggingface dataset:
TX Est Code § 360.153 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter D. Partition and Distribution if Estate Property Is|Section 360.153. Partition by Commissioners

Sec. 360.153.  PARTITION BY COMMISSIONERS.  (a)  The commissioners shall make a fair, just, and impartial partition and distribution of the estate in the following order and manner:(1)  if the real estate is capable of being divided without manifest injury to all or any of the distributees, the commissioners shall partition and distribute the land or other property by allotting to each distributee:(A)  a share in each parcel;(B)  shares in one or more parcels; or(C)  one or more parcels separately, with or without the addition of a share of other parcels;(2)  if the real estate is not capable of a fair, just, and equal division in kind, but may be made capable of a fair, just, and equal division in kind by allotting to one or more of the distributees a proportion of the money or other personal property to supply the deficiency, the commissioners may make, as nearly as possible, an equal division of the real estate and supply the deficiency of any share from the money or other personal property; and(3)  the commissioners shall:(A)  make a like division in kind, as nearly as possible, of the money and other personal property; and(B)  determine by lot, among equal shares, to whom each share shall belong.(b)  The commissioners shall allot the land or other property under Subsection (a)(1) in the manner described by that subsection that is most in the interest of the distributees.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.154 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter D. Partition and Distribution if Estate Property Is|Section 360.154. Commissioners' Report

Sec. 360.154.  COMMISSIONERS' REPORT.  (a)  After dividing all or any part of the estate, at least a majority of the commissioners shall make a written, sworn report to the court that:(1)  states the property divided by the commissioners; and(2)  describes in particular the property allotted to each distributee and the value of that property.(b)  If real estate was divided, the report must also contain a general plat of the land with:(1)  the division lines plainly set down; and(2)  the number of acres in each share.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.155 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter D. Partition and Distribution if Estate Property Is|Section 360.155. Court Action on Commissioners' Report

Sec. 360.155.  COURT ACTION ON  COMMISSIONERS' REPORT.  (a)  On the return of a commissioners' report under Section 360.154, the court shall:(1)  examine the report carefully; and(2)  hear:(A)  all exceptions and objections to the report; and(B)  all evidence in favor of or against the report.(b)  If the report is informal, the court shall have the informality corrected.(c)  If the division appears to have been fairly made according to law and no valid exceptions are taken to the division, the court shall approve the division and enter a decree vesting title in the distributees of the distributees' respective shares or portions of the property as set apart to the distributees by the commissioners.(d)  If the division does not appear to have been fairly made according to law or a valid exception is taken to the division, the court may:(1)  set aside the report and division; and(2)  order a new partition to be made.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.156 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter D. Partition and Distribution if Estate Property Is|Section 360.156. Delivery of Property

Sec. 360.156.  DELIVERY OF PROPERTY.  When the commissioners' report has been approved and ordered to be recorded, the court shall order the executor or administrator to deliver to the distributees on demand the distributees' respective shares of the estate, including all the title deeds and documents belonging to the distributees.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.157 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter D. Partition and Distribution if Estate Property Is|Section 360.157. Commissioners' Fees

Sec. 360.157.  COMMISSIONERS' FEES.  A commissioner who partitions and distributes an estate under this subchapter is entitled to $5 for each day the commissioner necessarily engages in performing the commissioner's duties, to be taxed and paid as other costs in cases of partition.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division|Section 360.201. Court Finding

Sec. 360.201.  COURT FINDING.  If, in the court's opinion, all or part of an estate is not capable of a fair and equal partition and distribution, the court shall make a special written finding specifying the property incapable of division.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.202 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division|Section 360.202. Sale of Estate Property

Sec. 360.202.  SALE OF ESTATE PROPERTY.  (a)  When the court has found that all or part of an estate is not capable of fair and equal division, the court shall order the sale of all estate property not capable of fair and equal division.(b)  The sale must be made by the executor or administrator in the manner provided for the sale of real estate to satisfy estate debts.(c)  The court shall distribute the proceeds collected from the sale to the persons entitled to the proceeds.(d)  A distributee who buys property at the sale is required to pay or secure only the amount by which the distributee's bid exceeds the amount of the distributee's share of the property.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.203 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division|Section 360.203. Applicability of Provisions Relating to Sale of Real Estate

Sec. 360.203.  APPLICABILITY OF PROVISIONS RELATING TO SALE OF REAL ESTATE.  The provisions of this title relating to reports of sales of real estate, the giving of an increased general or additional bond on the sale of real estate, and the vesting of title to property sold by decree or by deed apply to sales made under this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.251 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter F. Certain Types of Estate Property|Section 360.251. Estate Consisting Only of Money or Debts

Sec. 360.251.  ESTATE CONSISTING ONLY OF MONEY OR DEBTS.  If the estate to be distributed consists only of money or debts due to the estate, the court shall:(1)  set the amount to which each distributee is entitled; and(2)  order the executor or administrator to pay and deliver that amount.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.252 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter F. Certain Types of Estate Property|Section 360.252. Estate Property Located in Another County

Sec. 360.252.  ESTATE PROPERTY LOCATED IN ANOTHER COUNTY.  (a)  If any portion of the estate to be partitioned is located in another county and cannot be fairly partitioned without prejudice to the distributees' interests, the commissioners may report those facts to the court in writing.(b)  On the making of a report under Subsection (a), if the court is satisfied that the property cannot be fairly divided or that the sale of the property would be more advantageous to the distributees, the court may order a sale of the property. The sale must be conducted in the manner provided by Subchapter E  for the sale of property that is not capable of fair and equal division.(c)  If the court is not satisfied that the property cannot be fairly and advantageously divided, or that the sale of the property would be more advantageous to the distributees, the court may appoint three or more commissioners in each county in which the property is located.  If the court appoints commissioners under this subsection, the proceedings under Subchapter D for partition by commissioners must be followed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.253 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter F. Certain Types of Estate Property|Section 360.253. Community Property

Sec. 360.253.  COMMUNITY PROPERTY.  (a)  If a spouse dies leaving community property, the surviving spouse, at any time after letters testamentary or of administration have been granted and an inventory, appraisement, and list of claims of the estate have been returned or an affidavit in lieu of the inventory, appraisement, and list of claims has been filed, may apply in writing to the court that granted the letters for a partition of the community property.(b)  The surviving spouse shall execute and deliver a bond to the judge of the court described by Subsection (a).  The bond must be:(1)  with a corporate surety or at least two good and sufficient personal sureties;(2)  payable to and approved by the judge;(3)  in an amount equal to the value of the surviving spouse's interest in the community property; and(4)  conditioned for the payment of half of all debts existing against the community property.(c)  The court shall proceed to partition the community property into two equal moieties, one to be delivered to the surviving spouse and the other to be delivered to the executor or administrator of the deceased spouse's estate.(d)  If a partition is made under this section:(1)  a lien exists on the property delivered to the surviving spouse to secure the payment of the bond required under Subsection (b); and(2)  any creditor of the community estate:(A)  may sue in the creditor's own name on the bond; and(B)  is entitled:(i)  to have judgment on the bond for half of the debt the creditor establishes; and(ii)  to be paid by the executor or administrator of the deceased spouse's estate for the other half.(e)  The provisions of this title relating to the partition and distribution of an estate apply to a partition under this section to the extent applicable.|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. 2.50, eff. January 1, 2014.|
TX Est Code § 360.254 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter F. Certain Types of Estate Property|Section 360.254. Jointly Owned Property

Sec. 360.254.  JOINTLY OWNED PROPERTY.  (a)  A person who has a joint interest with a decedent's estate in any property may apply to the court that granted letters testamentary or of administration on the estate for a partition of the property.(b)  On application under Subsection (a), the court shall partition the property between the applicant and the decedent's estate.(c)  The provisions of this title relating to the partition and distribution of an estate govern a partition under this section to the extent applicable.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.301 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 360 - Partition and Distribution of Estate|Subchapter G. Enforcement|Section 360.301. Liability for Failure to Deliver Estate Property

Sec. 360.301.  LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.  (a)  If an executor or administrator neglects, when demanded, to deliver a portion of an estate ordered to be delivered to a person entitled to that portion, the person may file with the court clerk a written complaint alleging:(1)  the fact of the neglect;(2)  the date of the person's demand; and(3)  other relevant facts.(b)  On the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the executor or administrator.  The citation must:(1)  apprise the executor or administrator of the complaint; and(2)  cite the executor or administrator to appear before the court and answer, if the executor or administrator desires, at the time designated in the citation.(c)  If at the hearing the court finds that the citation was properly served and returned and that the executor or administrator is guilty of the neglect alleged, the court shall enter an order to that effect.(d)  An executor or administrator found guilty under Subsection (c) is liable to the complainant for damages at the rate of 10 percent of the amount or the appraised value of the portion of the estate neglectfully withheld, per month, for each month or fraction of a month that the portion is or has been neglectfully withheld after the date of demand. Damages under this subsection may be recovered in any court of competent jurisdiction.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 361.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors|Subchapter A. Resignation of Personal Representative|Section 361.001. Resignation Application

Sec. 361.001.  RESIGNATION APPLICATION. A personal representative who wishes to resign the representative's trust shall file a written application with the court clerk, accompanied by a complete and verified exhibit and final account showing the true condition of the estate entrusted to the representative's care.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 361.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors|Subchapter A. Resignation of Personal Representative|Section 361.002. Immediate Appointment of Successor; Discharge and Release

Sec. 361.002.  IMMEDIATE APPOINTMENT OF SUCCESSOR; DISCHARGE AND RELEASE.  (a)  If the necessity exists, the court may immediately accept the resignation of a personal representative and appoint a successor representative.(b)  The court may not discharge a person whose resignation is accepted under Subsection (a), or release the person or the sureties on the person's bond, until a final order has been issued or judgment has been rendered on the final account required under Section 361.001.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 361.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors|Subchapter A. Resignation of Personal Representative|Section 361.003. Hearing Date; Citation

Sec. 361.003.  HEARING DATE; CITATION.  (a)  When an application to resign as personal representative is filed under Section 361.001, supported by the exhibit and final account required under that section, the court clerk shall bring the application to the judge's attention and the judge shall set a date for a hearing on the matter.(b)  After a hearing is set under Subsection (a), the clerk shall issue a citation to all interested persons, showing:(1)  that an application that complies with Section 361.001 has been filed; and(2)  the time and place set for the hearing at which the interested persons may appear and contest the exhibit and final account supporting the application.(c)  Unless the court directs that the citation under Subsection (b) be published, the citation must be posted.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 361.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors|Subchapter A. Resignation of Personal Representative|Section 361.004. Hearing

Sec. 361.004.  HEARING.  (a)  At the time set for the hearing under Section 361.003, unless the court continues the hearing, and if the court finds that the citation required under that section has been properly issued and served, the court shall:(1)  examine the exhibit and final account required by Section 361.001;(2)  hear all evidence for and against the exhibit and final account; and(3)  if necessary, restate and audit and settle the exhibit and final account.(b)  If the court is satisfied that the matters entrusted to the personal representative applying to resign  have been handled and accounted for in accordance with the law, the court shall:(1)  enter an order approving the exhibit and final account; and(2)  require that any estate property remaining in the applicant's possession be delivered to the persons entitled by law to receive the property.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 361.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors|Subchapter A. Resignation of Personal Representative|Section 361.005. Requirements for Discharge

Sec. 361.005.  REQUIREMENTS FOR DISCHARGE.  (a)  A personal representative applying to resign may not be discharged until:(1)  the resignation application has been heard;(2)  the exhibit and final account required under Section 361.001 have been examined, settled, and approved; and(3)  the applicant has satisfied the court that the applicant has:(A)  delivered any estate property remaining in the applicant's possession; or(B)  complied with all lawful orders of the court with relation to the applicant's trust as representative.(b)  When a personal representative applying to resign has fully complied with the orders of the court, the court shall enter an order:(1)  accepting the resignation; and(2)  discharging the applicant, and, if the applicant is under bond, the applicant's sureties.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 361.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors|Subchapter B. Removal and Reinstatement of Personal Representative|Section 361.051. Removal Without Notice

Sec. 361.051.  REMOVAL WITHOUT NOTICE. The court, on the court's own motion or on the motion of any interested person, and without notice, may remove a personal representative appointed under this title who:(1)  neglects to qualify in the manner and time required by law;(2)  fails to return, before the 91st day after the date the representative qualifies, an inventory of the estate property and a list of claims that have come to the representative's knowledge, unless that deadline is extended by court order;(3)  if required, fails to give a new bond within the time prescribed;(4)  is absent from the state for a consecutive period of three or more months without the court's permission, or moves out of state;(5)  cannot be served with notices or other processes because:(A)  the representative's whereabouts are unknown;(B)  the representative is eluding service; or(C)  the representative is a nonresident of this state who does not have a resident agent to accept service of process in any probate proceeding or other action relating to the estate; or(6)  subject to Section 361.054(a), has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, all or part of the property entrusted to the representative's care.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|