reglab/housing_qa huggingface dataset:
TX Est Code § 257.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter C. Order Admitting Will; Report|Section 257.103. Report by Applicant After Probate

Sec. 257.103.  REPORT BY APPLICANT AFTER PROBATE.  (a)  Except as provided by Subsection (b), not later than the 180th day after the date a will is admitted to probate as a muniment of title, the applicant for the probate of the will shall file with the court clerk a sworn affidavit stating specifically the terms of the will that have been fulfilled and the terms that have not been fulfilled.(b)  The court may:(1)  waive the requirement under Subsection (a); or(2)  extend the time for filing the affidavit under Subsection (a).(c)  The failure of an applicant for probate of a will to file the affidavit required by Subsection (a) does not affect title to property passing under the terms of the will.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 257.151 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter D. Subsequent Estate Administration|Section 257.151. Appointment of Personal Representative and Opening of Administration After Will Admitted to Probate as Muniment of Title

Sec. 257.151.  APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION AFTER WILL ADMITTED TO PROBATE AS MUNIMENT OF TITLE.  A court order admitting a will to probate as a muniment of title under this chapter does not preclude the subsequent appointment of a personal representative and opening of an administration for the testator's estate if:(1)  an application under Chapter 301 is filed not later than the fourth anniversary of the testator's death; or(2)  the administration of the testator's estate is necessary for a reason provided by Section 301.002(b).|Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 16, eff. September 1, 2019.|
TX Est Code § 257.152 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter D. Subsequent Estate Administration|Section 257.152. Computation of Certain Periods

Sec. 257.152.  COMPUTATION OF CERTAIN PERIODS.  If a personal representative is appointed for a testator's estate after the testator's will has been admitted to probate as a muniment of title, the periods prescribed by the following sections begin to run from the date of qualification of the personal representative rather than from the date the will is admitted to probate as a muniment of title:(1)  Section 306.001;(2)  Section 306.002(a)(2)(B)(ii);(3)  Section 308.002; and(4)  Section 308.004.|Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 16, eff. September 1, 2019.|
TX Est Code § 258.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter A. Citations With Respect to Applications for Probate of Will|Section 258.001. Citation on Application for Probate of Will Produced in Court

Sec. 258.001.  CITATION ON APPLICATION FOR PROBATE OF WILL PRODUCED IN COURT.  (a)  On the filing with the clerk of an application for the probate of a written will produced in court, the clerk shall issue a citation to all parties interested in the estate.(b)  The citation required by Subsection (a) shall be served by posting and must state:(1)  that the application has been filed;(2)  the nature of the application;(3)  the testator's name;(4)  the applicant's name;(5)  the time when the court will act on the application; and(6)  that any person interested in the estate may appear at the time stated in the citation to contest the application.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 258.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter A. Citations With Respect to Applications for Probate of Will|Section 258.002. Citation on Application for Probate of Will Not Produced in Court

Sec. 258.002.  CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT.  (a)  On the filing of an application for the probate of a written will that cannot be produced in court, the clerk shall issue a citation to all parties interested in the estate.  The citation must:(1)  contain substantially the statements made in the application for probate;(2)  identify the court that will act on the application; and(3)  state the time and place of the court's action on the application.(b)  The citation required by Subsection (a) shall be served on the testator's heirs by personal service if the heirs are residents of this state and their addresses are known.(c)  Service of the citation required by Subsection (a) may be made by publication if:(1)  the heirs are not residents of this state;(2)  the names or addresses of the heirs are unknown; or(3)  the heirs are transient persons.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 258.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter A. Citations With Respect to Applications for Probate of Will|Section 258.003. Court Action Prohibited Before Service of Citation

Sec. 258.003.  COURT ACTION PROHIBITED BEFORE SERVICE OF CITATION.  A court may not act on an application for the probate of a will until service of citation has been made in the manner provided by this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 258.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate|Section 258.051. Notice to Heirs

Sec. 258.051.  NOTICE TO HEIRS.  (a)  Except as provided by Subsection (c), an applicant for the probate of a will under Section 256.003(a) must give notice by service of process to each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence.(b)  The notice required by Subsection (a) must:(1)  contain a statement that:(A)  the testator's property will pass to the testator's heirs if the will is not admitted to probate; and(B)  the person offering the testator's will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator's death; and(2)  be given before the probate of the testator's will.(c)  Notice otherwise required by Subsection (a) is not required to be given to an heir who has delivered to the court an affidavit signed by the heir that:(1)  contains the statement described by Subsection (b)(1); and(2)  states that the heir does not object to the offer of the testator's will for probate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 258.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate|Section 258.052. Appointment of Attorney Ad Litem

Sec. 258.052.  APPOINTMENT OF ATTORNEY AD LITEM.  If an applicant described by Section 258.051(a) cannot, with reasonable diligence, ascertain the address of any of the testator's heirs, the court shall appoint an attorney ad litem to protect the interests of the testator's unknown heirs after an application for the probate of a will is made under Section 256.003(a).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 258.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate|Section 258.053. Previously Probated Will

Sec. 258.053.  PREVIOUSLY PROBATED WILL.  With respect to an application under Section 256.003(a) for the probate of a will of a testator who has had another will admitted to probate, this subchapter applies so as to require notice to the beneficiaries of the testator's probated will instead of to the testator's heirs.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 258.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 258 - Citations and Notices Relating to Probate of Will|Subchapter C. Service by Publication or Other Substituted Service|Section 258.101. Service by Publication or Other Substituted Service

Sec. 258.101.  SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE.  Notwithstanding any other provision of this chapter, if an attempt to make service under this chapter is unsuccessful, service may be made in the manner provided by Rule 109 or 109a, Texas Rules of Civil Procedure, for the service of a citation on a party by publication or other substituted service.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.001 (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 301 - Application for Letters Testamentary or of Administration|Subchapter A. Period for Application for Letters|Section 301.001. Administration Before Death Void

Sec. 301.001.  ADMINISTRATION BEFORE DEATH VOID.  The administration of an estate of a living person is void.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.002 (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 301 - Application for Letters Testamentary or of Administration|Subchapter A. Period for Application for Letters|Section 301.002. Period for Filing Application for Letters Testamentary or of Administration

Sec. 301.002.  PERIOD FOR FILING APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION.  (a)  Except as provided by Subsection (b) and Section 501.006 with respect to a foreign will, an application for the grant of letters testamentary or of administration of an estate must be filed not later than the fourth anniversary of the decedent's death.(b)  This section does not apply if administration is necessary to:(1)  receive or recover property due a decedent's estate; or(2)  prevent real property in a decedent's estate from becoming a danger to the health, safety, or welfare of the general public and the applicant for the issuance of letters testamentary or of administration is a home-rule municipality that is a creditor of the estate.|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. 576 (H.B. 3160), Sec. 1, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 27, eff. September 1, 2015.|
TX Est Code § 301.051 (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 301 - Application for Letters Testamentary or of Administration|Subchapter B. Application Requirements|Section 301.051. Eligible Applicants for Letters

Sec. 301.051.  ELIGIBLE APPLICANTS FOR LETTERS.  An executor named in a will, an administrator designated as authorized under Section 254.006, an independent administrator designated by all of the distributees of the decedent under Section 401.002(b) or 401.003, or an interested person may file an application with the court for:(1)  the appointment of the executor named in the will;(1-a)  the appointment of the designated administrator; or(2)  the appointment of an administrator, if:(A)  there is a will, but:(i)  no executor is named in the will;(ii)  the executor named in the will is disqualified, refuses to serve, is dead, or resigns;(iii)  a person designated to serve as administrator under Section 254.006 is disqualified, refuses to serve, is dead, or resigns; or(iv)  an authorized person other than the executor has not designated any person to serve as administrator under Section 254.006 as of the date of the filing of the application and the applicant notifies the court that the authorized person has no intention of doing so; or(B)  there is no will.|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. 28, eff. September 1, 2015.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 17, eff. September 1, 2019.|
TX Est Code § 301.052 (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 301 - Application for Letters Testamentary or of Administration|Subchapter B. Application Requirements|Section 301.052. Contents of Application for Letters of Administration

Sec. 301.052.  CONTENTS OF APPLICATION FOR LETTERS OF ADMINISTRATION.  (a)  An application for letters of administration when no will is alleged to exist must state:(1)  the applicant's name, domicile, and, if any, relationship to the decedent;(1-a)  the last three numbers of:(A)  the applicant's driver's license number, if the applicant has been issued one; and(B)  the applicant's social security number, if the applicant has been issued one;(2)  the decedent's name and that the decedent died intestate;(2-a)  if known by the applicant at the time the applicant files the application, the last three numbers of the decedent's driver's license number and social security number;(3)  the fact, date, and place of the decedent's death;(4)  facts necessary to show that the court with which the application is filed has venue;(5)  whether the decedent owned property and, if so, include a statement of the property's probable value;(6)  the name and address, if known, whether the heir is an adult or minor, and the relationship to the decedent of each of the decedent's heirs;(7)  if known by the applicant at the time the applicant files the application, whether one or more children were born to or adopted by the decedent and, if so, the name, birth date, and place of birth of each child;(8)  if known by the applicant at the time the applicant files the application, whether the decedent was ever divorced and, if so, when and from whom;(9)  that a necessity exists for administration of the decedent's estate and an allegation of the facts that show that necessity; and(10)  that the applicant is not disqualified by law from acting as administrator.(b)  If an applicant does not state the last three numbers of the decedent's driver's license number or social security number under Subsection (a)(2-a), the application must state the reason the numbers are not stated.|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. 29, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 1039 (H.B. 1814), Sec. 3, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 18, eff. September 1, 2019.|
TX Est Code § 301.101 (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 301 - Application for Letters Testamentary or of Administration|Subchapter C. Opposition to Certain Applications|Section 301.101. Opposition to Application for Letters of Administration

Sec. 301.101.  OPPOSITION TO APPLICATION FOR LETTERS OF ADMINISTRATION.  An interested person may, at any time before an application for letters of administration is granted, file an opposition to the application in writing and may apply for the grant of letters to the interested person or any other person. On the trial, the court, considering the applicable provisions of this code, shall grant letters to the person that seems best entitled to the letters without notice other than the notice given on the original application.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.151 (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 301 - Application for Letters Testamentary or of Administration|Subchapter D. Required Proof for Issuance of Letters|Section 301.151. General Proof Requirements

Sec. 301.151.  GENERAL PROOF REQUIREMENTS.  An applicant for the issuance of letters testamentary or of administration of an estate must prove to the court's satisfaction that:(1)  the person whose estate is the subject of the application is dead;(2)  except as provided by Sections 301.002(b)(1) and (2) with respect to administration necessary to receive or recover property or to prevent real property of the estate from becoming a danger, and Section 501.006 with respect to a foreign will, four years have not elapsed since the date of the decedent's death and before the application;(3)  the court has jurisdiction and venue over the estate;(4)  citation has been served and returned in the manner and for the period required by this title; and(5)  the person for whom letters testamentary or of administration are sought is entitled by law to the letters and is not disqualified.|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. 576 (H.B. 3160), Sec. 2, eff. September 1, 2015.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 30, eff. September 1, 2015.Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 19, eff. September 1, 2019.|
TX Est Code § 301.152 (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 301 - Application for Letters Testamentary or of Administration|Subchapter D. Required Proof for Issuance of Letters|Section 301.152. Additional Proof Required for Letters Testamentary

Sec. 301.152.  ADDITIONAL PROOF REQUIRED FOR LETTERS TESTAMENTARY.  If letters testamentary are to be granted, it must appear to the court that:(1)  the proof required for the probate of the will has been made; and(2)  the person to whom the letters are to be granted is named as executor in the will.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.153 (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 301 - Application for Letters Testamentary or of Administration|Subchapter D. Required Proof for Issuance of Letters|Section 301.153. Additional Proof Required for Letters of Administration; Effect of Finding No Necessity for Administration Exists

Sec. 301.153.  ADDITIONAL PROOF REQUIRED FOR LETTERS OF ADMINISTRATION; EFFECT OF FINDING NO NECESSITY FOR ADMINISTRATION EXISTS.  (a)  If letters of administration are to be granted, the applicant for the letters must prove to the court's satisfaction that a necessity for an administration of the estate exists.(b)  If an application is filed for letters of administration but the court finds that no necessity for an administration of the estate exists, the court shall recite in the court's order refusing the application that no necessity for an administration exists.(c)  A court order containing a recital that no necessity for an administration of the estate exists constitutes sufficient legal authority for each person who owes money, has custody of property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate, and to each person purchasing or otherwise dealing with the estate, for payment or transfer to the distributees.(d)  A distributee is entitled to enforce by suit the distributee's right to payment or transfer described by Subsection (c).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.154 (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 301 - Application for Letters Testamentary or of Administration|Subchapter D. Required Proof for Issuance of Letters|Section 301.154. Proof Required When Letters Have Previously Been Granted

Sec. 301.154.  PROOF REQUIRED WHEN LETTERS HAVE PREVIOUSLY BEEN GRANTED.  If letters testamentary or of administration have previously been granted with respect to an estate, an applicant for the granting of subsequent letters must show only that the person for whom the letters are sought is entitled by law to the letters and is not disqualified.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 301.155 (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 301 - Application for Letters Testamentary or of Administration|Subchapter D. Required Proof for Issuance of Letters|Section 301.155. Authorized Methods of Proof

Sec. 301.155.  AUTHORIZED METHODS OF PROOF.  A fact contained in an application for issuance of letters testamentary or of administration or any other fact required to be proved by this subchapter may be proved by the sworn testimony of a witness with personal knowledge of the fact that is:(1)  taken in open court; or(2)  if proved under oath to the satisfaction of the court that the witness is unavailable, taken by deposition on written questions in accordance with Section 51.203 or the Texas Rules of Civil Procedure.|Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 34, eff. January 1, 2014.|