reglab/housing_qa huggingface dataset:
TX Est Code § 309.053 (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 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 309.053. Affidavit of Personal Representative

Sec. 309.053.  AFFIDAVIT OF PERSONAL REPRESENTATIVE.  The personal representative shall attach to the inventory, appraisement, and list of claims the representative's affidavit, subscribed and sworn to before an officer in the county authorized by law to administer oaths, that the inventory, appraisement, and list of claims are a true and complete statement of the property and claims of the estate of which the representative has knowledge.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.054 (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 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 309.054. Approval or Disapproval by the Court

Sec. 309.054.  APPROVAL OR DISAPPROVAL BY THE COURT.  (a)  On the filing of the inventory, appraisement, and list of claims with the court clerk, the judge shall examine and approve or disapprove the inventory, appraisement, and list of claims.(b)  If the judge approves the inventory, appraisement, and list of claims, the judge shall enter an order to that effect.(c)  If the judge does not approve the inventory, appraisement, or list of claims, the judge:(1)  shall enter an order to that effect requiring the filing of another inventory, appraisement, or list of claims, whichever is not approved, within a period specified in the order not to exceed 20 days after the date the order is entered; and(2)  may, if considered necessary, appoint new appraisers.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.055 (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 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 309.055. Failure of Joint Personal Representatives to File Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Sec. 309.055.  FAILURE OF JOINT PERSONAL REPRESENTATIVES TO FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  If more than one personal representative qualifies to serve, any one or more of the representatives, on the neglect of the other representatives, may make and file an inventory, appraisement, and list of claims or an affidavit in lieu of an inventory, appraisement, and list of claims.(b)  A personal representative who neglects to make or file an inventory, appraisement, and list of claims or an affidavit in lieu of an inventory, appraisement, and list of claims may not interfere with and does not have any power over the estate after another representative makes and files an inventory, appraisement, and list of claims or an affidavit in lieu of an inventory, appraisement, and list of claims.(c)  The personal representative who files the inventory, appraisement, and list of claims or the affidavit in lieu of an inventory, appraisement, and list of claims is entitled to the whole administration unless, before the 61st day after the date the representative files the inventory, appraisement, and list of claims or the affidavit in lieu of an inventory, appraisement, and list of claims, one or more delinquent representatives file with the court a written, sworn, and reasonable excuse that the court considers satisfactory.  The court shall enter an order removing one or more delinquent representatives and revoking those representatives' letters if:(1)  an excuse is not filed; or(2)  the court does not consider the filed excuse sufficient.|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. 2.42, eff. January 1, 2014.|
TX Est Code § 309.057 (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 309.057. Penalty for Failure to Timely File Inventory, Appraisement, and List of Claims or Affidavit in Lieu Of

Sec. 309.057.  PENALTY FOR FAILURE TO TIMELY FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF.  (a)  This section applies only to a personal representative, including an independent executor or administrator, who does not file an inventory, appraisement, and list of claims or affidavit in lieu of the inventory, appraisement, and list of claims, as applicable, within the period prescribed by Section 309.051 or any extension granted by the court.(b)  Any person interested in the estate on written complaint, or the court on the court's own motion, may have a personal representative to whom this section applies cited to  file the inventory, appraisement, and list of claims or affidavit in lieu of the inventory, appraisement, and list of claims, as applicable, and show cause for the failure to timely file.(c)  If the personal representative does not file the inventory, appraisement, and list of claims or affidavit in lieu of the inventory, appraisement, and list of claims, as applicable, after being cited or does not show good cause for the failure to timely file, the court on hearing may fine the representative in an amount not to exceed $1,000.(d)  The personal representative and the representative's sureties, if any, are liable for any fine imposed under this section and for all damages and costs sustained by the representative's failure.  The fine, damages, and costs may be recovered in any court of competent jurisdiction.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 42, eff. January 1, 2014.|
TX Est Code § 309.0575 (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 309.0575. Penalty for Misrepresentation in Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Sec. 309.0575.  PENALTY FOR MISREPRESENTATION IN AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  The court, on its own motion or on motion of any person interested in the estate, and after an independent executor has been cited to answer at a time and place fixed in the notice, may fine an independent executor in an amount not to exceed $1,000 if the court finds that the executor misrepresented in an affidavit in lieu of the inventory, appraisement, and list of claims filed by the executor that all beneficiaries, other than those described by Section 309.056(b-1), received a verified, full,  and detailed inventory and appraisement as required by Section 309.056(b).(b)  The independent executor and the executor's sureties, if any, are liable for any fine imposed under this section and for all damages and costs sustained by the executor's misrepresentation.  The fine, damages, and costs may be recovered in any court of competent jurisdiction.|Added by Acts 2017, 85th Leg., R.S., Ch. 1043 (H.B. 1877), Sec. 1, eff. September 1, 2017.|
TX Est Code § 309.101 (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 C. Changes to Inventory, Appraisement, and List of Claims|Section 309.101. Discovery of Additional Property or Claims

Sec. 309.101.  DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.  (a)  If after the filing of the inventory, appraisement, and list of claims the personal representative acquires possession or knowledge of property or claims of the estate not included in the inventory, appraisement, and list of claims the representative shall promptly file with the court clerk a verified, full, and detailed supplemental inventory, appraisement, and list of claims.(b)  If after the filing of the affidavit in lieu of the inventory, appraisement, and list of claims the personal representative acquires possession or knowledge of property or claims of the estate not included in the inventory and appraisement given to the beneficiaries, the representative shall promptly file with the court clerk a supplemental affidavit in lieu of the inventory, appraisement, and list of claims stating that all beneficiaries have received a verified, full, and detailed supplemental inventory and appraisement.|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. 2.44, eff. January 1, 2014.|
TX Est Code § 309.102 (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 C. Changes to Inventory, Appraisement, and List of Claims|Section 309.102. Additional Inventory and Appraisement or List of Claims

Sec. 309.102.  ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST OF CLAIMS.  (a)  On the written complaint of any interested person that property or claims of the estate have not been included in the filed inventory, appraisement, and list of claims, the personal representative shall be cited to appear before the court in which the cause is pending and show cause why the representative should not be required to make and file an additional inventory and appraisement or list of claims, or both, as applicable.(b)  After hearing the complaint, if the court is satisfied of the truth of the complaint, the court shall enter an order requiring the personal representative to make and file an additional inventory and appraisement or list of claims, or both, as applicable.  The additional inventory and appraisement or list of claims:(1)  must be made and filed in the same manner as the original inventory and appraisement or list of claims within the period prescribed by the court, not to exceed 20 days after the date the order is entered; and(2)  may include only property or claims not previously included in the inventory and appraisement or list of claims.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.103 (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 C. Changes to Inventory, Appraisement, and List of Claims|Section 309.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item

Sec. 309.103.  CORRECTION OF INVENTORY, APPRAISEMENT, OR LIST OF CLAIMS FOR ERRONEOUS OR UNJUST ITEM.  (a)  Any interested person who considers an inventory, appraisement, or list of claims or an affidavit in lieu of the inventory, appraisement, and list of claims to be erroneous or unjust in any particular may:(1)  file a written complaint setting forth the alleged erroneous or unjust item; and(2)  have the personal representative cited to appear before the court and show cause why the item should not be corrected.(b)  On the hearing of the complaint, if the court is satisfied from the evidence that the inventory, appraisement, or list of claims or an affidavit in lieu of the inventory, appraisement, and list of claims is erroneous or unjust as alleged in the complaint, the court shall enter an order:(1)  specifying the erroneous or unjust item and the corrections to be made; and(2)  if the complaint relates to an inventory, appraisement, or list of claims, appointing appraisers to make a new appraisement correcting the erroneous or unjust item and requiring the filing of the new appraisement before the 21st day after the date of the order.(c)  The court on the court's own motion or that of the personal representative may also have a new appraisement made for the purposes described by this section.|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. 43, eff. January 1, 2014.|
TX Est Code § 309.104 (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 C. Changes to Inventory, Appraisement, and List of Claims|Section 309.104. Reappraisement

Sec. 309.104.  REAPPRAISEMENT.  (a)  A reappraisement made, filed, and approved by the court replaces the original appraisement.  Not more than one reappraisement may be made.(b)  Notwithstanding Subsection (a), an interested person may object to a reappraisement regardless of whether the court has approved the reappraisement.  If the court finds that the reappraisement is erroneous or unjust, the court shall appraise the property on the basis of the evidence before the court.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 309.151 (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 D. Use of Inventory, Appraisement, and List of Claims as Evidence|Section 309.151. Use of Inventory, Appraisement, and List of Claims as Evidence

Sec. 309.151.  USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS AS EVIDENCE.  Each inventory, appraisement, and list of claims that has been made, filed, and approved in accordance with law, the record of the inventory, appraisement, and list of claims, or a copy of an original or the record that has been certified under the seal of the county court affixed by the clerk:(1)  may be given in evidence in any court of this state in any suit by or against the personal representative; and(2)  is not conclusive for or against the representative if it is shown that:(A)  any property or claim of the estate is not shown in the originals, the record, or the copies; or(B)  the value of the property or claim of the estate exceeded the value shown in the appraisement or list of claims.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter A. General Provisions|Section 351.001. Applicability of Common Law

Sec. 351.001.  APPLICABILITY OF COMMON LAW.  The rights, powers, and duties of executors and administrators are governed by common law principles to the extent that those principles do not conflict with the statutes of this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter A. General Provisions|Section 351.002. Appeal Bond

Sec. 351.002.  APPEAL BOND.  (a)  Except as provided by Subsection (b), an appeal bond is not required if an appeal is taken by an executor or administrator.(b)  An executor or administrator must give an appeal bond if the appeal personally concerns the executor or administrator.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter A. General Provisions|Section 351.003. Certain Costs Adjudged Against Personal Representative

Sec. 351.003.  CERTAIN COSTS ADJUDGED AGAINST PERSONAL REPRESENTATIVE.  If a personal representative neglects to perform a required duty or is removed for cause, the representative and the sureties on the representative's bond are liable for:(1)  the costs of removal and other additional costs incurred that are not expenditures authorized by this title; and(2)  reasonable attorney's fees incurred in:(A)  removing the representative; or(B)  obtaining compliance regarding any statutory duty the representative has neglected.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter B. General Authority of Personal Representatives|Section 351.051. Exercise of Authority Under Court Order

Sec. 351.051.  EXERCISE OF AUTHORITY UNDER COURT ORDER.  (a)  A personal representative of an estate may renew or extend any obligation owed by or to the estate on application and order authorizing the renewal or extension.  If a personal representative considers it in the interest of the estate, the representative may, on written application to the court and if authorized by court order:(1)  purchase or exchange property;(2)  take claims or property for the use and benefit of the estate in payment of a debt due or owed to the estate;(3)  compound bad or doubtful debts due or owed to the estate;(4)  make a compromise or settlement in relation to property or a claim in dispute or litigation;(5)  compromise or pay in full any secured claim that has been allowed and approved as required by law against the estate by conveying to the holder of the claim the real estate or personal property securing the claim:(A)  in full payment, liquidation, and satisfaction of the claim; and(B)  in consideration of cancellation of notes, deeds of trust, mortgages, chattel mortgages, or other evidences of liens securing the payment of the claim; or(6)  abandon the administration of burdensome or worthless estate property.(b)  Abandoned property may be foreclosed on by a mortgagee or other secured party or a trustee without further court order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter B. General Authority of Personal Representatives|Section 351.052. Exercise of Authority Without Court Order

Sec. 351.052.  EXERCISE OF AUTHORITY WITHOUT COURT ORDER.  (a)  A personal representative of an estate may, without application to or order of the court:(1)  release a lien on payment at maturity of the debt secured by the lien;(2)  vote stocks by limited or general proxy;(3)  pay calls and assessments;(4)  insure the estate against liability in appropriate cases;(5)  insure estate property against fire, theft, and other hazards; or(6)  pay taxes, court costs, and bond premiums.(b)  A personal representative who is under court control may apply and obtain a court order if the representative has doubts regarding the propriety of the exercise of any power listed in Subsection (a).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter B. General Authority of Personal Representatives|Section 351.053. Authority to Serve Pending Appeal of Appointment

Sec. 351.053.  AUTHORITY TO SERVE PENDING APPEAL OF APPOINTMENT.  Pending an appeal from an order or judgment appointing an administrator or temporary administrator, the appointee shall continue to:(1)  act as administrator or temporary administrator; and(2)  prosecute any suit then pending in favor of the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter B. General Authority of Personal Representatives|Section 351.054. Authority to Commence Suits

Sec. 351.054.  AUTHORITY TO COMMENCE SUITS.  (a)  An executor or administrator appointed in this state may commence a suit for:(1)  recovery of personal property, debts, or damages; or(2)  title to or possession of land, any right attached to or arising from that land, or an injury or damage done to that land.(b)  A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any interested person for fraud or collusion on the executor's or administrator's part.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 351.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 351 - Powers and Duties of Personal Representatives in General|Subchapter C. Possession and Care of Estate Property|Section 351.101. Duty of Care

Sec. 351.101.  DUTY OF CARE.  An executor or administrator of an estate shall take care of estate property as a prudent person would take of that person's own property, and if any buildings belong to the estate, the executor or administrator shall keep those buildings in good repair, except for extraordinary casualties, unless directed by a court order not to do so.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|