reglab/housing_qa huggingface dataset:
TX Est Code § 359.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits|Section 359.002. Annual Account Required Until Estate Closed

Sec. 359.002.  ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED.  (a)  Not later than the 60th day after each anniversary of the date a personal representative of the estate of a decedent qualifies and receives letters testamentary or of administration to administer the decedent's estate under court order, unless the court authorizes an extension, the representative shall file an annual account conforming to the essential requirements of Section 359.001 regarding changes in the estate assets occurring during the 12-month period after the date the most recent previous account was filed.(b)  The annual account must be filed in a manner that allows the court or an interested person to ascertain the true condition of the estate, with respect to money, securities, and other property, by adding to the balances forwarded from the most recent previous account the amounts received during the period covered by the account and subtracting the disbursements made during that period.(c)  The description of property sufficiently described in an inventory or previous account may be made in the annual account by reference to that description.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 30, eff. September 1, 2017.|
TX Est Code § 359.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits|Section 359.003. Supporting Vouchers and Other Documents Attached to Account

Sec. 359.003.  SUPPORTING VOUCHERS AND OTHER DOCUMENTS ATTACHED TO ACCOUNT.  (a)  The personal representative of an estate shall attach to each annual account:(1)  a voucher for each item of credit claimed in the account or, to support the item in the absence of the voucher, other evidence  satisfactory to the court;(2)  an official letter from the bank or other depository where the estate money on hand is deposited that shows the amounts in general or special deposits; and(3)  proof of the existence and possession of:(A)  securities owned by the estate or shown by the account; and(B)  other assets held by a depository subject to court order.(b)  An original voucher submitted to the court may on application be returned to the personal representative after approval of the account.(c)  The court may require:(1)  additional evidence of the existence and custody of the securities and other personal property as the court considers proper; and(2)  the personal representative at any time to exhibit the securities and other personal property to the court or another person designated by the court at the place where the securities and other personal property are held for safekeeping.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits|Section 359.004. Method of Proof for Securities and Other Assets

Sec. 359.004.  METHOD OF PROOF FOR SECURITIES AND OTHER ASSETS.  (a)  The proof required by Section 359.003(a)(3) must be by:(1)  an official letter from the bank or other depository where the securities or other assets are held for safekeeping, and if the depository is the personal representative, the official letter must be signed by a representative of the depository other than the one verifying the account;(2)  a certificate of an authorized representative of a corporation that is surety on the personal representative's bonds;(3)  a certificate of the clerk or a deputy clerk of a court of record in this state; or(4)  an affidavit of any other reputable person designated by the court on request of the personal representative or other interested party.(b)  The certificate or affidavit described by Subsection (a) must:(1)  state that the affiant has examined the assets that the personal representative exhibited to the affiant as assets of the estate;(2)  describe the assets by reference to the account or in another manner that sufficiently identifies the assets exhibited; and(3)  state the time and the place the assets were exhibited.(c)  Instead of attaching a certificate or an affidavit, the personal representative may exhibit the securities to the judge, who shall endorse on the account, or include in the judge's order with respect to the account, a statement that the securities shown in the account as on hand were exhibited to the judge and that the securities were the same as those shown in the account, or note any variance.(d)  If the securities are exhibited at a location other than where the securities are deposited for safekeeping, that exhibit is at the personal representative's own expense and risk.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits|Section 359.005. Verification of Account

Sec. 359.005.  VERIFICATION OF ACCOUNT.  The personal representative shall attach to the annual account the representative's affidavit that the account contains a correct and complete statement of the matters to which it relates.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter A. Annual Account and Other Exhibits|Section 359.006. Additional Accounts

Sec. 359.006.  ADDITIONAL ACCOUNTS.  (a)  At any time after the expiration of 15 months from the date original letters testamentary or of administration are granted to an executor or administrator, an interested person may file a written complaint in the court in which the estate is pending to have the representative cited to appear and make a written exhibit under oath that sets forth fully, in connection with previous exhibits, the condition of the estate.(b)  If it appears to the court, from the exhibit or other evidence, that the executor or administrator has estate funds in the representative's possession that are subject to distribution among the creditors of the estate, the court shall order the funds to be paid out to the creditors in accordance with this title.(c)  A personal representative may voluntarily present to the court the exhibit described by Subsection (a).  If the representative has any estate funds in the representative's possession that are subject to distribution among the creditors of the estate, the court shall issue an order similar to the order entered under Subsection (b).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 359.051. Filing and Consideration of Annual Account

Sec. 359.051.  FILING AND CONSIDERATION OF ANNUAL ACCOUNT.  (a)  The personal representative of an estate shall file an annual account with the county clerk.  The county clerk shall promptly note the filing on the judge's docket.(b)  At any time after the account has remained on file for 10 days following the date the account is filed, the judge shall consider the account and may continue the hearing on the account until fully advised on all account items.(c)  The court may not approve the account unless possession of cash, listed securities, or other assets held in safekeeping or on deposit under court order has been proven as required by law.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 359.052. Correction of Annual Account

Sec. 359.052.  CORRECTION OF ANNUAL ACCOUNT.  (a)  If the court finds an annual account is incorrect, the account must be corrected.(b)  The court by order shall approve an annual account that is corrected to the satisfaction of the court and shall act with respect to unpaid claims in accordance with Sections 359.053 and 359.054.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 359.053. Order for Payment of Claims in Full

Sec. 359.053.  ORDER FOR PAYMENT OF CLAIMS IN FULL. After approval of an annual account as provided by Section 359.052, if it appears to the court from the exhibit or other evidence that the estate is wholly solvent and that the personal representative has in the representative's possession sufficient funds to pay every character of claims against the estate, the court shall order immediate payment of all claims allowed and approved or established by judgment.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter B. Action on Annual Account|Section 359.054. Order for Pro Rata Payment of Claims

Sec. 359.054.  ORDER FOR PRO RATA PAYMENT OF CLAIMS.  After approval of an annual account as provided by Section 359.052, if it appears to the court from the account or other evidence that the funds on hand are not sufficient to pay every character of claims against the estate or if the estate is insolvent and the personal representative has any funds on hand, the court shall order the funds to be applied:(1)  first to the payment of any unpaid claims having a preference in the order of their priority; and(2)  then to the pro rata payment of the other claims allowed and approved or established by final judgment, considering:(A)  claims that were presented before the first anniversary of the date administration was granted; and(B)  claims that are in litigation or on which a lawsuit may be filed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter C. Penalties|Section 359.101. Penalty for Failure to File Annual Account

Sec. 359.101.  PENALTY FOR FAILURE TO FILE ANNUAL ACCOUNT.  (a)  If the personal representative of an estate does not file an annual account required by Section 359.001 or 359.002, any person interested in the estate on written complaint, or the court on the court's own motion, may have the representative cited to file the account and show cause for the failure.(b)  If the personal representative does not file the account after being cited or does not show good cause for the failure, the court on hearing may:(1)  revoke the representative's letters testamentary or of administration; and(2)  fine the representative in an amount not to exceed $500.(c)  The personal representative and the representative's sureties are liable for any fine imposed 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 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 359.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 359 - Annual Account and Other Exhibits and Reports|Subchapter C. Penalties|Section 359.102. Penalty for Failure to File Exhibit or Report

Sec. 359.102.  PENALTY FOR FAILURE TO FILE EXHIBIT OR REPORT.  (a)  If a personal representative does not file an exhibit or report required by this title, any person interested in the estate on written complaint filed with the court clerk may have the representative cited to appear and show cause why the representative should not file the exhibit or report.(b)  On hearing, the court may:(1)  order the personal representative to file the exhibit or report; and(2)  unless good cause is shown for the failure, revoke the representative's letters testamentary or of administration and fine the representative in an amount not to exceed $1,000.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.001 (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 A. Application for Partition and Distribution|Section 360.001. General Application

Sec. 360.001.  GENERAL APPLICATION.  (a)  At any time after the first anniversary of the date original letters testamentary or of administration are granted, an executor, administrator, heir, or devisee of a decedent's estate, by written application filed in the court in which the estate is pending, may request the partition and distribution of the estate.(b)  An application under Subsection (a) must state:(1)  the decedent's name;(2)  the name and residence of each person entitled to a share of the estate and whether the person is an adult or a minor;(3)  if the applicant does not know a fact required by Subdivision (2); and(4)  the reasons why the estate should be partitioned and distributed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.002 (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 A. Application for Partition and Distribution|Section 360.002. Application for Partial Distribution

Sec. 360.002.  APPLICATION FOR PARTIAL DISTRIBUTION.  (a)  At any time after original letters testamentary or of administration are granted and the inventory, appraisement, and list of claims are filed and approved, an executor, administrator, heir, or devisee of a decedent's estate, by written application filed in the court in which the estate is pending, may request a distribution of any portion of the estate.(b)  All interested parties, including known creditors, must be personally cited as in other distributions.(c)  Except as provided by Subsection (d), the court, on proper citation and hearing, may distribute any portion of the estate the court considers advisable.(d)  If a distribution is to be made to one or more heirs or devisees, but not to all heirs or devisees, the court shall require a refunding bond in an amount determined by the court to be filed with the court, unless a written waiver of the bond requirement is filed with the court by all interested parties. On approving the bond, if required, the court shall order the distribution of the relevant portion of the estate.(e)  This section applies to corpus as well as income, notwithstanding any other provision of this title.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.051 (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 B. Citation|Section 360.051. Citation of Interested Persons

Sec. 360.051.  CITATION OF INTERESTED PERSONS.  (a)  On the filing of the application, the clerk shall issue a citation that:(1)  states:(A)  the decedent's name; and(B)  the date the court will hear the application; and(2)  requires all persons interested in the estate to appear and show cause why the estate should not be partitioned and distributed.(b)  A citation under this section must be:(1)  personally served on each person residing in the state who is entitled to a share of the estate and whose address is known; and(2)  served by publication on any person entitled to a share of the estate:(A)  whose identity or address is not known;(B)  who is not a resident of this state; or(C)  who is a resident of this state but is absent from this state.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.052 (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 B. Citation|Section 360.052. Citation of Executor or Administrator

Sec. 360.052.  CITATION OF EXECUTOR OR ADMINISTRATOR.  When a person other than the executor or administrator applies for partition and distribution, the executor or administrator must also be cited to appear and answer the application and file in court a verified exhibit and account of the condition of the estate, as in the case of a final settlement.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.101 (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 C. Proceedings; Expenses|Section 360.101. Hearing on Application

Sec. 360.101.  HEARING ON APPLICATION.  (a)  At the hearing on an application for partition and distribution, the court shall determine:(1)  the residue of the estate that is subject to partition and distribution;(2)  the persons entitled by law to partition and distribution and those persons' respective shares; and(3)  whether an advancement has been made to any of the persons described by Subdivision (2), and if so, the nature and value of the advancement.(b)  For purposes of Subsection (a)(1), the residue of the estate is determined by deducting from the entire assets of the estate remaining on hand:(1)  the amount of all debts and expenses that:(A)  have been approved or established by judgment but not paid; or(B)  may be established by judgment in the future; and(2)  the probable future expenses of administration.(c)  If an advancement described by Subsection (a)(3) has been made, the court shall require the advancement to be placed in hotchpotch as required by the law governing intestate succession.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.102 (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 C. Proceedings; Expenses|Section 360.102. Court Decree

Sec. 360.102.  COURT DECREE.  If the court determines that the estate should be partitioned and distributed, the court shall enter a decree stating:(1)  the name and address, if known, of each person entitled to a share of the estate, specifying:(A)  which of those persons are known to be minors;(B)  the name of the minors' guardian or guardian ad litem; and(C)  the name of the attorney appointed to represent those persons who are unknown or who are not residents of this state;(2)  the proportional part of the estate to which each person is entitled;(3)  a full description of all the estate to be distributed; and(4)  that the executor or administrator must retain possession of a sufficient amount of money or property to pay all debts, taxes, and expenses of administration and specifying the amount of money or the property to be retained.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.103 (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 C. Proceedings; Expenses|Section 360.103. Expenses of Partition

Sec. 360.103.  EXPENSES OF PARTITION.  (a)  The distributees shall pay the expense of the estate's partition pro rata.(b)  The portion of the estate allotted to a distributee is liable for the distributee's portion of the partition expense, and, if not paid, the court may order execution for the expense in the names of the persons entitled to payment of the expense.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 360.151 (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 360.151. Appointment of Commissioners

Sec. 360.151.  APPOINTMENT OF COMMISSIONERS.  If the estate does not consist entirely of money or debts due to the estate and the court has not previously determined that the estate is incapable of partition, the court shall appoint three or more discreet and disinterested persons as commissioners to make a partition and distribution 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 § 360.152 (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 360.152. Writ of Partition

Sec. 360.152.  WRIT OF PARTITION.  (a)  When commissioners are appointed under Section 360.151, the clerk shall issue a writ of partition directed to the commissioners, commanding the commissioners to:(1)  proceed promptly to make the partition and distribution in accordance with the court decree; and(2)  return the writ, with the commissioners' proceedings under the writ, on a date stated in the writ.(b)  A copy of the court decree must accompany the writ.(c)  The writ must be served by:(1)  delivering the writ and the accompanying copy of the court decree to one of the commissioners; and(2)  notifying the other commissioners, verbally or otherwise, of the commissioners' appointment.(d)  Service under Subsection (c) may be made by any person.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|