reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 53.052. Security for Certain Costs

Sec. 53.052.  SECURITY FOR CERTAIN COSTS.  (a)  The clerk may require a person who files an application, complaint, or opposition relating to an estate, other than the personal representative of the estate, to provide security for the probable costs of the proceeding before filing the application, complaint, or opposition.
(b)  At any time before the trial of an application, complaint, or opposition described by Subsection (a), anyone interested in the estate or an officer of the court may, by written motion, obtain from the court an order requiring the person who filed the application, complaint, or opposition to provide security for the probable costs of the proceeding.  The rules governing civil suits in the county court with respect to giving security for the probable costs of a proceeding control in cases described by Subsection (a) and this subsection.
(c)  An executor or administrator appointed by a court of this state may not be required to provide security for costs in an action brought by the executor or administrator in the executor's or administrator's fiduciary capacity.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 53.053. Exemption From Probate Fees for Estates of Certain Military Servicemembers

Sec. 53.053.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS.  (a)  In this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat.
(b)  Notwithstanding any other law, the clerk of a county court may not charge, or collect from, the estate of a decedent any of the following fees if the decedent died while in active service as a member of the armed forces of the United States in a combat zone:
(1)  a fee for or associated with the filing of the decedent's will for probate; and
(2)  a fee for any service rendered by the probate court regarding the administration of the decedent's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter B. Costs and Security › Section 53.054. Exemption From Probate Fees for Estates of Certain Law Enforcement Officers, Firefighters, and Others

Sec. 53.054.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS.  (a)  In this section:
(1)  "Eligible decedent" means an individual listed in Section 615.003, Government Code.
(2)  "Line of duty" and "personal injury" have the meanings assigned by Section 615.021(e), Government Code.
(b)  Notwithstanding any other law, the clerk of a court may not charge, or collect from, the estate of an eligible decedent any of the following fees if the decedent died as a result of a personal injury sustained in the line of duty in the individual's position as described by Section 615.003, Government Code:
(1)  a fee for or associated with the filing of the decedent's will for probate; and
(2)  a fee for any service rendered by the court regarding the administration of the decedent's estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 614 (S.B. 543), Sec. 2.01, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter C. Procedures for Probate Matters › Section 53.101. Calling of Dockets

Sec. 53.101.  CALLING OF DOCKETS.  The judge in whose court probate proceedings are pending, at times determined by the judge, shall:
(1)  call the estates of decedents in the estates' regular order on both the probate and claim dockets; and
(2)  issue orders as necessary.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter C. Procedures for Probate Matters › Section 53.102. Setting of Certain Hearings by Clerk

Sec. 53.102.  SETTING OF CERTAIN HEARINGS BY CLERK.  (a)  If a judge is unable to designate the time and place for hearing a probate matter pending in the judge's court because the judge is absent from the county seat or is on vacation, disqualified, ill, or deceased, the county clerk of the county in which the matter is pending may:
(1)  designate the time and place for hearing;
(2)  enter the setting on the judge's docket; and
(3)  certify on the docket the reason that the judge is not acting to set the hearing.
(b)  If, after the perfection of the service of notices and citations required by law concerning the time and place of hearing, a qualified judge is not present for a hearing set under Subsection (a), the hearing is automatically continued from day to day until a qualified judge is present to hear and determine the matter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter C. Procedures for Probate Matters › Section 53.103. Rendering of Decisions, Orders, Decrees, and Judgments

Sec. 53.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS.  The county court shall render all decisions, orders, decrees, and judgments in probate matters in open court, except as otherwise specially provided.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter C. Procedures for Probate Matters › Section 53.104. Appointment of Attorneys Ad Litem

Sec. 53.104.  APPOINTMENT OF ATTORNEYS AD LITEM.  (a)  Except as provided by Section 202.009(b), the judge of a probate court may appoint an attorney ad litem in any probate proceeding to represent the interests of any person, including:
(1)  a person who has a legal disability under state or federal law;
(2)  a nonresident;
(3)  an unborn or unascertained person;
(4)  an unknown heir;
(5)  a missing heir;  or
(6)  an unknown or missing person for whom cash is deposited into the court's registry under Section 362.011.
(b)  An attorney ad litem appointed under this section is entitled to reasonable compensation for services provided in the amount set by the court. The court shall:
(1)  tax the compensation as costs in the probate proceeding and order the compensation to be paid out of the estate or by any party at any time during the proceeding; or
(2)  for an attorney ad litem appointed under Subsection (a)(6), order that the compensation be paid from the cash on deposit in the court's registry as provided by Section 362.011.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 5, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter C. Procedures for Probate Matters › Section 53.106. Executions in Probate Matters

Sec. 53.106.  EXECUTIONS IN PROBATE MATTERS.  (a)  An execution in a probate matter must be:
(1)  directed "to any sheriff or any constable within the State of Texas";
(2)  attested and signed by the clerk officially under court seal; and
(3)  made returnable in 60 days.
(b)  A proceeding under an execution described by Subsection (a) is governed, to the extent applicable, by the laws regulating a proceeding under an execution issued by a district court.
(c)  Notwithstanding Subsection (a), an execution directed to the sheriff or a constable of a specific county in this state may not be held defective if properly executed within that county by the sheriff or constable to whom the execution is directed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 53 - Other Court Duties and Procedures › Subchapter C. Procedures for Probate Matters › Section 53.107. Inapplicability of Certain Rules of Civil Procedure

Sec. 53.107.  INAPPLICABILITY OF CERTAIN RULES OF CIVIL PROCEDURE.  The following do not apply to probate proceedings:
(1)  Rules 47(c) and 169, Texas Rules of Civil Procedure; and
(2)  the portions of Rule 190.2, Texas Rules of Civil Procedure, concerning expedited actions under Rule 169, Texas Rules of Civil Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 6, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 54 - Pleadings and Evidence in General › Subchapter A. Pleadings › Section 54.001. Effect of Filing or Contesting Pleading

Sec. 54.001.  EFFECT OF FILING OR CONTESTING PLEADING.  (a)  The filing or contesting in probate court of a pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the estate.
(b)  This section does not abrogate any right of a person under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil Practice and Remedies Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 54 - Pleadings and Evidence in General › Subchapter A. Pleadings › Section 54.002. Defect in Pleading

Sec. 54.002.  DEFECT IN PLEADING.  A court may not invalidate a pleading in probate, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 54 - Pleadings and Evidence in General › Subchapter B. Evidence › Section 54.051. Applicability of Certain Rules Relating to Witnesses and Evidence

Sec. 54.051.  APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE.  Except as provided by Section 51.203, the Texas Rules of Evidence apply in a proceeding arising under this title to the extent practicable.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 7, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 54 - Pleadings and Evidence in General › Subchapter B. Evidence › Section 54.052. Use of Certain Records as Evidence

Sec. 54.052.  USE OF CERTAIN RECORDS AS EVIDENCE.  The following are admissible as evidence in any court of this state:
(1)  record books described by Sections 52.001, 52.002, and 52.003 and individual case files described by Section 52.052, including records maintained in a manner allowed under Section 52.004; and
(2)  certified copies or reproductions of the records.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter A. Contest of Proceedings in Probate Court › Section 55.001. Opposition in Probate Proceeding

Sec. 55.001.  OPPOSITION IN PROBATE PROCEEDING.  A person interested in an estate may, at any time before the court decides an issue in a proceeding, file written opposition regarding the issue.  The person is entitled to process for witnesses and evidence, and to be heard on the opposition, as in other suits.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter A. Contest of Proceedings in Probate Court › Section 55.002. Trial by Jury

Sec. 55.002.  TRIAL BY JURY.  In a contested probate or mental illness proceeding in a probate court, a party is entitled to a jury trial as in other civil actions.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter B. Institution of Higher Education or Charitable Organization as Party to Certain Actions › Section 55.051. Definition

Sec. 55.051.  DEFINITION.  In this subchapter, "institution of higher education" has the meaning assigned by Section 61.003, Education Code.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter B. Institution of Higher Education or Charitable Organization as Party to Certain Actions › Section 55.052. Necessary Party

Sec. 55.052.  NECESSARY PARTY.  An institution of higher education, a private institution of higher education, or a charitable organization that is a distributee under a will is a necessary party to a will contest or will construction suit involving the will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter B. Institution of Higher Education or Charitable Organization as Party to Certain Actions › Section 55.053. Service of Process

Sec. 55.053.  SERVICE OF PROCESS.  (a)  For a will contest, the party contesting the will shall serve an institution or organization that is a necessary party to the contest under Section 55.052 in the manner provided by this title for service on other parties.
(b)  For a will construction suit, the party bringing the suit shall serve an institution or organization that is a necessary party to the suit under Section 55.052 in the manner provided by this title for service on other parties.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 244 (H.B. 1297), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter C. Mental Capacity of Decedent › Section 55.101. Entitlement to Production of Communications and Records

Sec. 55.101.  ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS AND RECORDS.  Notwithstanding Subtitle B, Title 3, Occupations Code, a person who is a party to a will contest or proceeding in which a party relies on the mental or testamentary capacity of a decedent before the decedent's death as part of the party's claim or defense is entitled to production of all communications or records relevant to the decedent's condition before the decedent's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter C. Mental Capacity of Decedent › Section 55.102. Release of Records

Sec. 55.102.  RELEASE OF RECORDS.  On receipt of a subpoena for communications or records described by Section 55.101 and a file-stamped copy of the will contest or proceeding described by that section, the appropriate physician, hospital, medical facility, custodian of records, or other person in possession of the communications or records shall release the communications or records to the requesting party without further authorization.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter D. Attachment of Estate Property › Section 55.151. Order for Issuance of Writ of Attachment

Sec. 55.151.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.  (a)  If a person interested in an estate files with the judge a written complaint made under oath alleging that the executor or administrator of the estate is about to remove the estate or part of the estate outside of the state, the judge may order a writ of attachment to issue, directed "to any sheriff or any constable within the State of Texas."  The writ must order the sheriff or constable to:
(1)  seize the estate or a part of the estate; and
(2)  hold that property subject to the judge's additional orders regarding the complaint.
(b)  Notwithstanding Subsection (a), a writ of attachment directed to the sheriff or constable of a specific county within the state is not defective if the writ was properly executed in that county by that officer.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter D. Attachment of Estate Property › Section 55.152. Bond

Sec. 55.152.  BOND.  Before a writ of attachment ordered under Section 55.151 may be issued, the complainant must execute a bond that is:
(1)  payable to the executor or administrator of the estate;
(2)  in an amount set by the judge; and
(3)  conditioned for the payment of all damages and costs that are recovered for the wrongful suing out of the writ.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter E. Specific Performance of Agreement to Transfer Title › Section 55.201. Complaint and Citation

Sec. 55.201.  COMPLAINT AND CITATION.  (a)  If a person sold property and entered into a bond or other written agreement to transfer title to the property and then died without transferring the title, the owner of the bond or agreement or the owner's legal representative may:
(1)  file a written complaint in the court of the county in which letters testamentary or of administration on the decedent's estate were granted; and
(2)  have the personal representative of the estate cited to appear on a date stated in the citation and show cause why specific performance of the bond or agreement should not be ordered.
(b)  Except as provided by Subsection (c), the bond or agreement must be filed with the complaint described by Subsection (a).
(c)  If good cause under oath is shown why the bond or written agreement cannot be filed with the complaint, the bond or agreement or the substance of the bond or agreement must be stated in the complaint.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter E. Specific Performance of Agreement to Transfer Title › Section 55.202. Hearing and Order

Sec. 55.202.  HEARING AND ORDER.  (a)  After service of the citation under Section 55.201, the court shall hear the complaint and the evidence on the complaint.
(b)  The court shall order the personal representative to transfer title to the property, according to the tenor of the bond or agreement, to the complainant if the judge is satisfied from the proof that:
(1)  the bond or agreement was legally executed by the decedent; and
(2)  the complainant has a right to demand specific performance.
(c)  The order must fully describe the property to be transferred.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter E. Specific Performance of Agreement to Transfer Title › Section 55.203. Conveyance

Sec. 55.203.  CONVEYANCE.  (a)  A conveyance made under this subchapter must refer to and identify the court order authorizing the conveyance.  On delivery of the conveyance, all the right and title to the property conveyed that the decedent had vests in the person to whom the conveyance is made.
(b)  A conveyance under this subchapter is prima facie evidence that all requirements of the law for obtaining the conveyance have been complied with.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter F. Bill of Review › Section 55.251. Revision and Correction of Order or Judgment in Probate Proceeding

Sec. 55.251.  REVISION AND CORRECTION OF ORDER OR JUDGMENT IN PROBATE PROCEEDING.  (a)  An interested person may, by a bill of review filed in the court in which the probate proceedings were held, have an order or judgment rendered by the court revised and corrected on a showing of error in the order or judgment, as applicable.
(b)  A bill of review to revise and correct an order or judgment may not be filed more than two years after the date of the order or judgment, as applicable.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.002, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 55 - Complaints and Contests › Subchapter F. Bill of Review › Section 55.252. Injunction

Sec. 55.252.  INJUNCTION.  A process or action under a court order or judgment subject to a bill of review filed under Section 55.251 may be stayed only by writ of injunction.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.003, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 56 - Change and Resignation of Resident Agent of Personal Representative for Service of Process › Section 56.001. Change of Resident Agent

Sec. 56.001.  CHANGE OF RESIDENT AGENT.  (a)  A personal representative of an estate may change the representative's resident agent to accept service of process in a probate proceeding or other action relating to the estate by filing with the court in which the probate proceeding is pending a statement titled "Designation of Successor Resident Agent" that states the names and addresses of:
(1)  the representative;
(2)  the resident agent; and
(3)  the successor resident agent.
(b)  The designation of a successor resident agent takes effect on the date a statement under Subsection (a) is filed with the court.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle B - Procedural Matters › Chapter 56 - Change and Resignation of Resident Agent of Personal Representative for Service of Process › Section 56.002. Resignation of Resident Agent

Sec. 56.002.  RESIGNATION OF RESIDENT AGENT.  (a)  A resident agent of a personal representative may resign as resident agent by giving notice to the representative and filing with the court in which the probate proceeding is pending a statement titled "Resignation of Resident Agent" that states:
(1)  the name of the representative;
(2)  the representative's address most recently known by the resident agent;
(3)  that notice of the resignation has been given to the representative and the date that notice was given; and
(4)  that the representative has not designated a successor resident agent.
(b)  The resident agent shall send, by a qualified delivery method, a copy of a resignation statement filed under Subsection (a) to:
(1)  the personal representative at the address most recently known by the resident agent; and
(2)  each party in the case or the party's attorney or other designated representative of record.
(c)  The resignation of a resident agent takes effect on the date the court enters an order accepting the resignation.  A court may not enter an order accepting the resignation unless the resident agent complies with this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 101 - Estate Assets in General › Subchapter A. Passage and Possession of Decedent's Estate on Death › Section 101.001. Passage of Estate on Decedent's Death

Sec. 101.001.  PASSAGE OF ESTATE ON DECEDENT'S DEATH.  (a)  Subject to Section 101.051, if a person dies leaving a lawful will:
(1)  all of the person's estate that is devised by the will vests immediately in the devisees;
(2)  all powers of appointment granted in the will vest immediately in the donees of those powers; and
(3)  all of the person's estate that is not devised by the will vests immediately in the person's heirs at law.
(b)  Subject to Section 101.051, the estate of a person who dies intestate vests immediately in the person's heirs at law.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 101 - Estate Assets in General › Subchapter A. Passage and Possession of Decedent's Estate on Death › Section 101.002. Effect of Joint Ownership of Property

Sec. 101.002.  EFFECT OF JOINT OWNERSHIP OF PROPERTY.  If two or more persons hold an interest in property jointly and one joint owner dies before severance, the interest of the decedent in the joint estate:
(1)  does not survive to the remaining joint owner or owners; and
(2)  passes by will or intestacy from the decedent as if the decedent's interest had been severed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 101 - Estate Assets in General › Subchapter A. Passage and Possession of Decedent's Estate on Death › Section 101.003. Possession of Estate by Personal Representative

Sec. 101.003.  POSSESSION OF ESTATE BY PERSONAL REPRESENTATIVE.  On the issuance of letters testamentary or of administration on an estate described by Section 101.001, the executor or administrator has the right to possession of the estate as the estate existed at the death of the testator or intestate, subject to the exceptions provided by Section 101.051.  The executor or administrator shall recover possession of the estate and hold the estate in trust to be disposed of in accordance with the law.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 101 - Estate Assets in General › Subchapter B. Liability of Estate for Debts › Section 101.051. Liability of Estate for Debts in General

Sec. 101.051.  LIABILITY OF ESTATE FOR DEBTS IN GENERAL.  (a)  A decedent's estate vests in accordance with Section 101.001(a) subject to the payment of:
(1)  the debts of the decedent, except as exempted by law; and
(2)  any court-ordered child support payments that are delinquent on the date of the decedent's death.
(b)  A decedent's estate vests in accordance with Section 101.001(b) subject to the payment of, and is still liable for:
(1)  the debts of the decedent, except as exempted by law; and
(2)  any court-ordered child support payments that are delinquent on the date of the decedent's death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 101 - Estate Assets in General › Subchapter B. Liability of Estate for Debts › Section 101.052. Liability of Community Property for Debts

Sec. 101.052.  LIABILITY OF COMMUNITY PROPERTY FOR DEBTS.  (a)  The community property that was by law under the sole management, control, and disposition of a spouse or under the joint management, control, and disposition of the spouses during marriage continues to be subject to the liabilities of that spouse on the death of either spouse.
(a-1)  The undivided one-half interest that the surviving spouse owned in community property that was by law under the sole management, control, and disposition of the deceased spouse during marriage is subject to the liabilities of the surviving spouse on the death of the deceased spouse.
(b)  The undivided one-half interest that the deceased spouse owned in community property that was by law under the sole management, control, and disposition of the surviving spouse during marriage passes to the deceased spouse's heirs or devisees charged with the liabilities of the deceased spouse.
(c)  This section does not prohibit the administration of community property under other provisions of this title relating to the administration of an estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 102 - Probate Assets: Decedent's Homestead › Section 102.001. Treatment of Certain Children

Sec. 102.001.  TREATMENT OF CERTAIN CHILDREN.  For purposes of determining homestead rights, a child is a child of his or her mother and a child of his or her father, as provided by Sections 201.051, 201.052, and 201.053.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 102 - Probate Assets: Decedent's Homestead › Section 102.002. Homestead Rights Not Affected by Character of the Homestead

Sec. 102.002.  HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF THE HOMESTEAD.  The homestead rights and the respective interests of the surviving spouse and children of a decedent are the same whether the homestead was the decedent's separate property or was community property between the surviving spouse and the decedent.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 102 - Probate Assets: Decedent's Homestead › Section 102.003. Passage of Homestead

Sec. 102.003.  PASSAGE OF HOMESTEAD.  The homestead of a decedent who dies leaving a surviving spouse descends and vests on the decedent's death in the same manner as other real property of the decedent and is governed by the same laws of descent and distribution.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 102 - Probate Assets: Decedent's Homestead › Section 102.004. Liability of Homestead for Debts

Sec. 102.004.  LIABILITY OF HOMESTEAD FOR DEBTS.  If the decedent was survived by a spouse or minor child, the homestead is not liable for the payment of any of the debts of the estate, other than:
(1)  purchase money for the homestead;
(2)  taxes due on the homestead;
(3)  work and material used in constructing improvements on the homestead if the requirements of Section 50(a)(5), Article XVI, Texas Constitution, are met;
(4)  an owelty of partition imposed against the entirety of the property by a court order or written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding;
(5)  the refinance of a lien against the homestead, including a federal tax lien resulting from the tax debt of both spouses, if the homestead is a family homestead, or from the tax debt of the decedent;
(6)  an extension of credit on the homestead if the requirements of Section 50(a)(6), Article XVI, Texas Constitution, are met; or
(7)  a reverse mortgage.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 8, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 102 - Probate Assets: Decedent's Homestead › Section 102.005. Prohibitions on Partition of Homestead

Sec. 102.005.  PROHIBITIONS ON PARTITION OF HOMESTEAD.  The homestead may not be partitioned among the decedent's heirs:
(1)  during the lifetime of the surviving spouse for as long as the surviving spouse elects to use or occupy the property as a homestead; or
(2)  during the period the guardian of the decedent's minor children is permitted to use and occupy the homestead under a court order.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 102 - Probate Assets: Decedent's Homestead › Section 102.006. Circumstances Under Which Partition of Homestead Is Authorized

Sec. 102.006.  CIRCUMSTANCES UNDER WHICH PARTITION OF HOMESTEAD IS AUTHORIZED.  The homestead may be partitioned among the respective owners of the property in the same manner as other property held in common if:
(1)  the surviving spouse dies, sells his or her interest in the homestead, or elects to no longer use or occupy the property as a homestead; or
(2)  the court no longer permits the guardian of the minor children to use and occupy the property as a homestead.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter A. Right of Survivorship Agreements › Section 111.001. Right of Survivorship Agreements Authorized

Sec. 111.001.  RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED.  (a)  Notwithstanding Section 101.002, two or more persons who hold an interest in property jointly may agree in writing that the interest of a joint owner who dies survives to the surviving joint owner or owners.
(b)  An agreement described by Subsection (a) may not be inferred from the mere fact that property is held in joint ownership.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter A. Right of Survivorship Agreements › Section 111.002. Agreements Concerning Community Property

Sec. 111.002.  AGREEMENTS CONCERNING COMMUNITY PROPERTY.  (a)  Section 111.001 does not apply to an agreement between spouses regarding the spouses' community property.
(b)  An agreement between spouses regarding a right of survivorship in community property is governed by Chapter 112.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter B. Other Provisions for Payment or Transfer › Section 111.051. Definitions

Sec. 111.051.  DEFINITIONS.  In this subchapter:
(1)  "Contracting third party" means a financial institution, insurance company, plan custodian, plan administrator, or other person who is a party to an account agreement, insurance contract, annuity contract, retirement account, beneficiary designation, or other similar contract the terms of which control whether a nontestamentary transfer has occurred or to whom property passes as a result of a possible nontestamentary transfer. The term does not include a person who is:
(A)  an owner of the property subject to a possible nontestamentary transfer; or
(B)  a possible recipient of the property subject to a possible nontestamentary transfer.
(1-a)  "Employees' trust" means:
(A)  a trust that forms a part of a stock-bonus, pension, or profit-sharing plan under Section 401, Internal Revenue Code of 1954 (26 U.S.C. Section 401 (1986));
(B)  a pension trust under Chapter 111, Property Code; and
(C)  an employer-sponsored benefit plan or program, or any other retirement savings arrangement, including a pension plan created under Section 3, Employee Retirement Income Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of whether the plan, program, or arrangement is funded through a trust.
(2)  "Financial institution" has the meaning assigned by Section 113.001.
(3)  "Individual retirement account" means a trust, custodial arrangement, or annuity under Section 408(a) or (b), Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).
(4)  "Retirement account" means a retirement-annuity contract, an individual retirement account, a simplified employee pension, or any other retirement savings arrangement.
(5)  "Retirement-annuity contract" means an annuity contract under Section 403, Internal Revenue Code of 1954 (26 U.S.C. Section 403 (1986)).
(6)  "Simplified employee pension" means a trust, custodial arrangement, or annuity under Section 408, Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 9, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter B. Other Provisions for Payment or Transfer › Section 111.052. Validity of Certain Nontestamentary Instruments and Provisions

Sec. 111.052.  VALIDITY OF CERTAIN NONTESTAMENTARY INSTRUMENTS AND PROVISIONS.  (a)  This code does not invalidate:
(1)  any provision in an insurance policy, employment contract, bond, mortgage, promissory note, deposit agreement, employees' trust, retirement account, deferred compensation arrangement, custodial agreement, pension plan, trust agreement, conveyance of property, security, account with a financial institution, mutual fund account, or any other written instrument effective as a contract, gift, conveyance, or trust, stating that:
(A)  money or other benefits under the instrument due to or controlled or owned by a decedent shall be paid after the decedent's death, or property that is the subject of the instrument shall pass, to a person designated by the decedent in the instrument or in a separate writing, including a will, executed at the same time as the instrument or subsequently; or
(B)  money due or to become due under the instrument shall cease to be payable if the promisee or promissor dies before payment or demand; or
(2)  an instrument described by Subdivision (1).
(b)  A provision described by Subsection (a)(1) is considered nontestamentary.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter B. Other Provisions for Payment or Transfer › Section 111.053. Creditor's Rights Not Limited

Sec. 111.053.  CREDITOR'S RIGHTS NOT LIMITED.  Nothing in this subchapter limits the rights of a creditor under another law of this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter B. Other Provisions for Payment or Transfer › Section 111.054. Application of State Law to Certain Nontestamentary Transfers

Sec. 111.054.  APPLICATION OF STATE LAW TO CERTAIN NONTESTAMENTARY TRANSFERS.  (a)  This section applies if more than 50 percent of the:
(1)  assets in an account at a financial institution, in a retirement account, or in another similar arrangement are owned, immediately before a possible nontestamentary transfer of the assets, by one or more persons domiciled in this state; or
(2)  interests under an insurance contract, annuity contract, beneficiary designation, or other similar arrangement are owned, immediately before a possible nontestamentary transfer of the interests, by one or more persons domiciled in this state.
(b)  Notwithstanding a choice of law or other contractual provision in an agreement prepared or provided by a contracting third party, Texas law applies to determine:
(1)  whether a nontestamentary transfer of assets or interests described by Subsection (a) has occurred; and
(2)  the ownership of the assets or interests following a possible nontestamentary transfer.
(c)  Notwithstanding a choice of law or other contractual provision in an agreement prepared or provided by a contracting third party, any person, including a personal representative, who is asserting an ownership interest in assets or interests described by Subsection (a) subject to a possible nontestamentary transfer shall have access to the courts of this state for a judicial determination of:
(1)  whether a nontestamentary transfer of the assets or interests has occurred; or
(2)  the ownership of the assets or interests following a possible nontestamentary transfer.
(d)  Subsections (a), (b), and (c) do not apply to an obligation:
(1)  owed by a party to the contracting third party; or
(2)  owed by the contracting third party to a party.
(e)  This section applies to a community property survivorship agreement governed by Chapter 112 and a multiple-party account governed by Chapter 113.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 10, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter C. Provision of Certain Information on Death › Section 111.101. Definitions

Sec. 111.101.  DEFINITIONS.  In this subchapter:
(1)  "Contracting third party" has the meaning assigned by Section 111.051.
(2)  "Deceased party" means a deceased:
(A)  party to a multiple-party account governed by Chapter 113;
(B)  owner of property subject to a possible nontestamentary transfer as described by Section 111.051(1); or
(C)  insured under an insurance contract.
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 111 - Nonprobate Assets in General › Subchapter C. Provision of Certain Information on Death › Section 111.102. Provision of Information to Personal Representative of Deceased Party

Sec. 111.102.  PROVISION OF INFORMATION TO PERSONAL REPRESENTATIVE OF DECEASED PARTY.  To the extent not prohibited by federal or other state law, a contracting third party shall, on request, provide to the personal representative of a deceased party's estate all information the contracting third party would have provided to the deceased party as of the date of the deceased party's death, if the deceased party had requested the information, without regard to whether the deceased party's estate has an interest in the multiple-party account, the property subject to a possible nontestamentary transfer, or the insurance contract.
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter A. General Provisions › Section 112.001. Definition of Community Property Survivorship Agreement

Sec. 112.001.  DEFINITION OF COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT.  In this chapter, "community property survivorship agreement" means an agreement between spouses creating a right of survivorship in community property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle C - Passage of Title and Distribution of Decedents' Property in General › Chapter 112 - Community Property With Right of Survivorship › Subchapter A. General Provisions › Section 112.002. Applicability of Other Law to Community Property Held in Multiple-Party Accounts

Sec. 112.002.  APPLICABILITY OF OTHER LAW TO COMMUNITY PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS.  Chapter 113 applies to multiple-party accounts held by spouses with a right of survivorship to the extent that chapter is not inconsistent with this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.