reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter D. Procedures After Death, Resignation, or Removal of Personal Representative › Section 361.151. Payment to Estate While Office of Personal Representative Is Vacant

Sec. 361.151.  PAYMENT TO ESTATE WHILE OFFICE OF PERSONAL REPRESENTATIVE IS VACANT.  (a)  A debtor, obligor, or payor may pay or tender money or another thing of value falling due to an estate while the office of personal representative of the estate is vacant to the court clerk for the credit of the estate.
(b)  Payment or tender under Subsection (a) discharges the debtor, obligor, or payor of the obligation for all purposes to the extent and purpose of the payment or tender.
(c)  If the court clerk accepts payment or tender under this section, the court clerk shall issue a receipt for the payment or tender.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter D. Procedures After Death, Resignation, or Removal of Personal Representative › Section 361.152. Further Administration With or Without Notice or Will Annexed

Sec. 361.152.  FURTHER ADMINISTRATION WITH OR WITHOUT NOTICE OR WILL ANNEXED.  (a)  If an estate is unrepresented as a result of the death, removal, or resignation of the estate's personal representative, and on application by a qualified person interested in the estate, the court shall grant further administration of the estate if necessary, and with the will annexed if there is a will.
(b)  An appointment under Subsection (a) shall be made on notice and after a hearing, as in the case of an original appointment, except that, if the court finds that the immediate appointment of a successor representative is  necessary, the court may appoint the successor on application but without citation or notice.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter D. Procedures After Death, Resignation, or Removal of Personal Representative › Section 361.153. Rights, Powers, and Duties of Successor Representative

Sec. 361.153.  RIGHTS, POWERS, AND DUTIES OF SUCCESSOR REPRESENTATIVE.  (a)  If a personal representative of an estate not administered succeeds another personal representative, the successor representative has all rights, powers, and duties of the predecessor, other than those rights and powers conferred on the predecessor by will that are different from those conferred by this title on personal representatives generally.  Subject to that exception, the successor representative shall administer the estate as if the successor's administration were a continuation of the former administration.
(b)  A successor representative shall account for all the estate property that came into the predecessor's possession, and is entitled to any order or remedy that the court has the power to give to enforce the delivery of the estate property and the liability of the predecessor's sureties for any portion of the estate property that is not delivered.  The successor is not required to account for any portion of the estate property that the successor failed to recover after due diligence.
(c)  In addition to the powers granted under Subsections (a) and (b), a successor representative may:
(1)  make himself or herself, and may be made, a party to a suit prosecuted by or against the successor's predecessors;
(2)  settle with the predecessor, and receive and give a receipt for any portion of the estate property that remains in the predecessor's possession; or
(3)  commence a suit on the bond or bonds of the predecessor, in the successor's own name and capacity, for all the estate property that:
(A)  came into the predecessor's possession; and
(B)  has not been accounted for by the predecessor.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter D. Procedures After Death, Resignation, or Removal of Personal Representative › Section 361.154. Successor Executor Also Succeeds to Prior Rights and Duties

Sec. 361.154.  SUCCESSOR EXECUTOR ALSO SUCCEEDS TO PRIOR RIGHTS AND DUTIES.  An executor who accepts appointment and qualifies after letters of administration have been granted on the estate shall, in the manner prescribed by Section 361.153, succeed to the previous administrator, and shall administer the estate as if the executor's administration were a continuation of the former administration, subject to any legal directions of the testator with respect to the estate that are contained in the will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter D. Procedures After Death, Resignation, or Removal of Personal Representative › Section 361.155. Successor Representative to Return Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Sec. 361.155.  SUCCESSOR REPRESENTATIVE TO RETURN INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  An appointee who has qualified to succeed a former personal representative, before the 91st day after the date the personal representative qualifies, shall make and return to the court an inventory, appraisement, and list of claims of the estate or, if the appointee is an independent executor, shall make and return to the court that document or file an affidavit in lieu of the inventory, appraisement, and list of claims, in the manner provided for an original appointee, and shall also return additional inventories, appraisements, and lists of claims and additional affidavits in the manner provided for an original appointee.
(b)  Except as otherwise provided by this subsection, an appointee who files an inventory, appraisement, and list of claims under Subsection (a) shall set out in the inventory the appointee's appraisement of the fair market value of each item in the inventory on the date of the appointee's qualification.  If an inventory, appraisement, and list of claims has not been filed by any former personal representative, the appointee shall set out the inventory as provided by Sections 309.051 and 309.052.
(c)  On the application of any person interested in the estate, the court shall, in an order appointing a successor representative of an estate, appoint appraisers as in an original appointment.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.51, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.52, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 46, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.001. Settling and Closing Administration of Estate

Sec. 362.001.  SETTLING AND CLOSING ADMINISTRATION OF ESTATE.  The administration of an estate shall be settled and closed when:
(1)  all the debts known to exist against the estate have been paid, or have been paid to the extent permitted by the assets in the personal representative's possession; and
(2)  no further need for administration exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.002. Compelling Settlement of Estate

Sec. 362.002.  COMPELLING SETTLEMENT OF ESTATE.  A person interested in the administration of an estate for which letters testamentary or of administration have been granted may proceed, after any period of time, to compel settlement of the estate if it does not appear from the record that the administration of the estate has been closed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.003. Verified Account Required

Sec. 362.003.  VERIFIED ACCOUNT REQUIRED.  The personal representative of an estate shall present to the court the representative's verified account for final settlement when the administration of the estate is to be settled and closed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.004. Contents of Account

Sec. 362.004.  CONTENTS OF ACCOUNT.  (a)  Except as provided by Subsection (b), it is sufficient for an account for final settlement to:
(1)  refer to the inventory without describing each item of property in detail; and
(2)  refer to and adopt any proceeding had in the administration concerning a sale, renting, leasing for mineral development, or any other transaction on behalf of the estate, including an exhibit, account, or voucher previously filed and approved, without restating the particular items thereof.
(b)  An account for final settlement must be accompanied by proper vouchers supporting each item included in the account for which the personal representative has not already accounted and, either by reference to any proceeding described by Subsection (a) or by a statement of the facts, must show:
(1)  the estate property that has come into the representative's possession and the disposition of that property;
(2)  the debts that have been paid;
(3)  any debts and expenses still owing by the estate;
(4)  any estate property still in the representative's possession;
(5)  the persons entitled to receive that estate and, for each of those persons:
(A)  the person's relationship to the decedent;
(B)  the person's residence, if known; and
(C)  whether the person is an adult or a minor and, if the person is a minor, the name of each of the minor's guardians, if any;
(6)  any advancement or payment made by the representative from that estate to any person entitled to receive part of that estate;
(7)  the tax returns due that have been filed and the taxes due and owing that have been paid, including:
(A)  a complete account of the amount of taxes;
(B)  the date the taxes were paid; and
(C)  the governmental entity to which the taxes were paid;
(8)  if on the filing of the account a tax return due to be filed or any taxes due to be paid are delinquent, the reasons for, and include a description of, the delinquency; and
(9)  that the representative has paid all required bond premiums.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.005. Citation and Notice on Presentation of Account

Sec. 362.005.  CITATION AND NOTICE ON PRESENTATION OF ACCOUNT.  (a) On the presentation of an account for final settlement by a temporary or permanent personal representative, the county clerk shall issue citation to the persons and in the manner provided by Subsection (b).
(b)  Citation issued under Subsection (a) must:
(1)  contain:
(A)  a statement that an account for final settlement has been presented;
(B)  the time and place the court will consider the account; and
(C)  a statement requiring the person cited to appear and contest the account, if the person wishes to contest the account; and
(2)  be given to each heir or distributee of the decedent by a qualified delivery method unless the court by written order directs another method of service to be given.
(c)  The personal representative shall also provide to each person entitled to citation under Subsection (b) a copy of the account for final settlement either by:
(1)  a qualified delivery method; or
(2)  electronic delivery, including facsimile or e-mail.
(d)  The court by written order shall require additional notice if the court considers the additional notice necessary.
(e)  The court may allow the waiver of citation of an account for final settlement in a proceeding concerning a decedent's estate.
(f)  The personal representative shall file an affidavit sworn to by the personal representative or a certificate signed by the personal representative's attorney stating:
(1)  that the citation was given as required by this section;
(2)  the name of each person to whom the citation was given, if the person's name is not shown on the proof of delivery;
(3)  the name of each person executing a waiver of citation; and
(4)  that each person entitled to citation was provided a copy of the account for final settlement, indicating the method of delivery for each person.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 47, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 31, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 35, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.006. Examination of and Hearing on Account

Sec. 362.006.  EXAMINATION OF AND HEARING ON ACCOUNT.  (a)  On the court's satisfaction that citation has been properly served on all persons interested in the estate, the court shall examine the account for final settlement and the accompanying vouchers.
(b)  After hearing all exceptions or objections to the account for final settlement and accompanying vouchers and the evidence in support of or against the account, the court shall audit and settle the account and, if necessary, restate the account.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.007. Delivery of Certain Property to Guardian

Sec. 362.007.  DELIVERY OF CERTAIN PROPERTY TO GUARDIAN.  The court may permit a resident personal representative who has possession of any of a ward's estate to deliver the estate to a qualified and acting guardian of the ward.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.008. Certain Debts Excluded From Settlement Computation

Sec. 362.008.  CERTAIN DEBTS EXCLUDED FROM SETTLEMENT COMPUTATION.  In the settlement of any of the accounts of the personal representative, all debts due the estate that the court is satisfied could not have been collected by due diligence and that have not been collected shall be excluded from the computation.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.009. Money Due to Estate Pending Final Discharge

Sec. 362.009.  MONEY DUE TO ESTATE PENDING FINAL DISCHARGE.  Money or another thing of value that becomes due to the estate while an account for final settlement is pending may be paid, delivered, or tendered to the personal representative until the order of final discharge of the representative is entered in the judge's probate docket.  The representative shall issue a receipt for the money or other thing of value to the obligor or payor. On issuance of the receipt, the obligor or payor is discharged of the obligation for all purposes.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.018, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.011. Partition and Distribution of Estate; Deposit in Court's Registry

Sec. 362.011.  PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT IN COURT'S REGISTRY.  (a) If, on final settlement of an estate, any of the estate remains in the personal representative's possession, the court shall order that a partition and distribution be made among the persons entitled to receive that part of the estate.
(b)  The court shall order the personal representative to convert into money any remaining nonmonetary assets to which a person who is unknown or missing is entitled. The procedures in Chapter 356 apply to the conversion of nonmonetary assets under this subsection.
(c)  The court shall order the personal representative to deposit in an account in the court's registry all money, including the proceeds of any conversion under Subsection (b), to which a person who is unknown or missing is entitled.  The court shall hold money deposited in an account under this subsection until the court renders:
(1)  an order requiring money in the account to be paid to the previously unknown or missing person who is entitled to the money; or
(2)  another order regarding the disposition of the money.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 48, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.012. Discharge of Personal Representative When No Estate Property Remains

Sec. 362.012.  DISCHARGE OF PERSONAL REPRESENTATIVE WHEN NO ESTATE PROPERTY REMAINS. The court shall enter an order discharging a personal representative from the representative's trust and closing the estate if, on final settlement of the estate, none of the estate remains in the representative's possession.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter A. Settling and Closing Estate › Section 362.013. Discharge of Personal Representative When Estate Fully Administered

Sec. 362.013.  DISCHARGE OF PERSONAL REPRESENTATIVE WHEN ESTATE FULLY ADMINISTERED.  The court shall enter an order discharging a personal representative from the representative's trust and declaring the estate closed when:
(1)  the representative has fully administered the estate in accordance with this title and the court's orders;
(2)  the representative's account for final settlement has been approved; and
(3)  the representative has:
(A)  delivered all of the estate remaining in the representative's possession to the person or persons entitled to receive that part of the estate; and
(B)  with respect to the portion of the estate distributable to an unknown or missing person, complied with an order of the court under Section 362.011.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 49, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter B. Failure of Personal Representative to Act › Section 362.051. Failure to Present Account

Sec. 362.051.  FAILURE TO PRESENT ACCOUNT.  (a)  The court, on the court's own motion or on the written complaint of anyone interested in a decedent's estate that has been administered, shall have the personal representative who is charged with the duty of presenting an account for final settlement cited to appear and present the account within the time specified in the citation if the representative failed or neglected to present the account at the proper time.
(b)  On or after the fourth anniversary of the date the court clerk last issues letters testamentary or of administration for a decedent's estate, the court may close the estate without an account for final settlement and without appointing a successor personal representative if:
(1)  the whereabouts of the personal representative and heirs of the decedent are unknown; and
(2)  a complaint has not been filed by anyone interested in the decedent's estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 362 - Closing Administration of Estate › Subchapter B. Failure of Personal Representative to Act › Section 362.052. Liability for Failure to Deliver Estate Property

Sec. 362.052.  LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.  (a)  On the final settlement of an estate, if the personal representative neglects on demand to deliver a portion of the estate or any money in the representative's possession ordered to be delivered to a person entitled to that property, the person may file with the court clerk a written complaint alleging:
(1)  the fact of the neglect;
(2)  the date of the person's demand; and
(3)  other relevant facts.
(b)  On the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the personal representative.  The citation must:
(1)  apprise the representative of the complaint; and
(2)  cite the representative to appear before the court and answer, if the representative desires, at a time designated in the citation.
(c)  If at the hearing the court finds that the citation was properly served and returned, and that the personal representative is guilty of the neglect charged, the court shall enter an order to that effect.
(d)  A personal representative found guilty under Subsection (c) is liable to the person who filed the complaint under Subsection (a) for damages at the rate of 10 percent of the amount of the money or the appraised value of the portion of the estate neglectfully withheld, per month, for each month or fraction of a month that the money or portion of the estate is or has been neglectfully withheld after the date of demand.  Damages under this subsection may be recovered in any court of competent jurisdiction.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.001. Expression of Testator's Intent in Will

Sec. 401.001.  EXPRESSION OF TESTATOR'S INTENT IN WILL.  (a)  Any person capable of making a will may provide in the person's will that no other action shall be had in the probate court in relation to the settlement of the person's estate than the probating and recording of the will and the return of any required inventory, appraisement, and list of claims of the person's estate.
(b)  Any person capable of making a will may provide in the person's will that no independent administration of his or her estate may be allowed.  In such case the person's estate, if administered, shall be administered and settled under the direction of the probate court as other estates are required to be settled and not as an independent administration.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 50, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.002. Creation in Testate Estate by Agreement

Sec. 401.002.  CREATION IN TESTATE ESTATE BY AGREEMENT.  (a)  Except as provided in Section 401.001(b), if a decedent's will names an executor but the will does not provide for independent administration as provided in Section 401.001(a), all of the distributees of the decedent may agree on the advisability of having an independent administration and collectively designate in the application for probate of the decedent's will, or in one or more separate documents consenting to the application for probate of the decedent's will, the executor named in the will to serve as independent executor and request that no other action shall be had in the probate court in relation to the settlement of the decedent's estate other than the probating and recording of the decedent's will and the return of an inventory, appraisement, and list of claims of the decedent's estate.  In such case the probate court shall enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent executor, unless the court finds that it would not be in the best interest of the estate to do so.
(b)  Except as provided in Section 401.001(b), in situations where no executor is named in the decedent's will, or in situations where each executor named in the will is deceased or is disqualified to serve as executor or indicates by affidavit filed with the application for administration of the decedent's estate the executor's inability or unwillingness to serve as executor, all of the distributees of the decedent may agree on the advisability of having an independent administration and collectively designate in the application for probate of the decedent's will, or in one or more separate documents consenting to the application for probate of the decedent's will, a qualified person, firm, or corporation to serve as independent administrator and request that no other action shall be had in the probate court in relation to the settlement of the decedent's estate other than the probating and recording of the decedent's will and the return of an inventory, appraisement, and list of claims of the decedent's estate.  In such case the probate court shall enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent administrator, unless the court finds that it would not be in the best interest of the estate to do so.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 40, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.003. Creation in Intestate Estate by Agreement

Sec. 401.003.  CREATION IN INTESTATE ESTATE BY AGREEMENT.  (a)  All of the distributees of a decedent dying intestate may agree on the advisability of having an independent administration and collectively designate in the application for administration of the decedent's estate, or in one or more documents consenting to the application for administration of the decedent's estate, a qualified person, firm, or corporation to serve as independent administrator and request that no other action shall be had in the probate court in relation to the settlement of the decedent's estate other than the return of an inventory, appraisement, and list of claims of the decedent's estate.  In such case the probate court shall enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent administrator, unless the court finds that it would not be in the best interest of the estate to do so.
(b)  The court may not appoint an independent administrator to serve in an intestate administration unless and until the parties seeking appointment of the independent administrator have been determined, through a proceeding to declare heirship under Chapter 202, to constitute all of the decedent's heirs.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 41, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.005. Bond; Waiver of Bond

Sec. 401.005.  BOND; WAIVER OF BOND.  (a)  If an independent administration of a decedent's estate is created under Section 401.002 or 401.003, then, unless the probate court waives bond on application for waiver, the independent executor shall be required to enter into bond payable to and to be approved by the judge and the judge's successors in a sum that is found by the judge to be adequate under all circumstances, or a bond with one surety in a sum that is found by the judge to be adequate under all circumstances, if the surety is an authorized corporate surety.
(a-1)  If a decedent's will does not contain language directing that no bond or security be required of a person named as executor, unless the court finds that it would not be in the best interest of the estate, the court may waive the requirement of a bond if all of the distributees of the decedent agree to the waiver of bond in:
(1)  the application for probate of the decedent's will; or
(2)  one or more separate documents consenting to the application for probate of the decedent's will.
(b)  This section does not repeal any other section of this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 40, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.006. Granting Power of Sale by Agreement

Sec. 401.006.  GRANTING POWER OF SALE BY AGREEMENT.  In a situation in which a decedent does not have a will, or a decedent's will does not contain language authorizing the personal representative to sell property or contains language that is not sufficient to grant the representative that authority, the court may include in an order appointing an independent executor any general or specific authority regarding the power of the independent executor to sell property that may be consented to by the distributees who are to receive any interest in the property in the application for independent administration or for the appointment of an independent executor or in their consents to the independent administration or to the appointment of an independent executor.  The independent executor, in such event, may sell the property under the authority granted in the court order without the further consent of those distributees.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 52, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 43, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 32, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.007. No Liability of Judge

Sec. 401.007.  NO LIABILITY OF JUDGE.  Absent proof of fraud or collusion on the part of a judge, no judge may be held civilly liable for the commission of misdeeds or the omission of any required act of any person, firm, or corporation designated as an independent executor under Section 401.002 or 401.003.  Section 351.354 does not apply to the appointment of an independent executor under Section 401.002 or 401.003.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 401 - Creation › Section 401.008. Person Declining to Serve

Sec. 401.008.  PERSON DECLINING TO SERVE.  A person who declines to serve or resigns as independent executor of a decedent's estate may be appointed an executor or administrator of the estate if the estate will be administered and settled under the direction of the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter A. General Provisions › Section 402.001. General Scope and Exercise of Powers

Sec. 402.001.  GENERAL SCOPE AND EXERCISE OF POWERS.  When an independent administration has been created, and the order appointing an independent executor has been entered by the probate court, and the inventory, appraisement, and list of claims has been filed by the independent executor and approved by the court or an affidavit in lieu of the inventory, appraisement, and list of claims has been filed by the independent executor, as long as the estate is represented by an independent executor, further action of any nature may not be had in the probate court except where this title specifically and explicitly provides for some action in the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter A. General Provisions › Section 402.002. Independent Executors May Act Without Court Approval

Sec. 402.002.  INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT APPROVAL.  Unless this title specifically provides otherwise, any action that a personal representative subject to court supervision may take with or without a court order may be taken by an independent executor without a court order.  The other provisions of this subtitle are designed to provide additional guidance regarding independent administrations in specified situations, and are not designed to limit by omission or otherwise the application of the general principles set forth in this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter A. General Provisions › Section 402.003. Digital Assets

Sec. 402.003.  DIGITAL ASSETS.  The court, either at the time the independent executor of an estate is appointed or at any time before the administration of the estate is closed, may enter an order that:
(1)  directs disclosure of the content of electronic communications of the decedent to the independent executor as provided by Section 2001.101 and that contains any court finding described by Section 2001.101(b)(3);
(2)  with respect to a catalog of electronic communications sent or received by the decedent and other digital assets of the decedent, other than the content of an electronic communication, contains any court finding described by Section 2001.102(b)(4); or
(3)  directs under Section 2001.231 a custodian to comply with a request to disclose digital assets under Chapter 2001.
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 41, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter B. Power of Sale › Section 402.051. Definition of Independent Executor

Sec. 402.051.  DEFINITION OF INDEPENDENT EXECUTOR.  In this subchapter, "independent executor" does not include an independent administrator.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter B. Power of Sale › Section 402.052. Power of Sale of Estate Property Generally

Sec. 402.052.  POWER OF SALE OF ESTATE PROPERTY GENERALLY.  Unless limited by the terms of a will, an independent executor, in addition to any power of sale of estate property given in the will, and an independent administrator have the same power of sale for the same purposes as a personal representative has in a supervised administration, but without the requirement of court approval.  The procedural requirements applicable to a supervised administration do not apply.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter B. Power of Sale › Section 402.053. Protection of Person Purchasing Estate Property

Sec. 402.053.  PROTECTION OF PERSON PURCHASING ESTATE PROPERTY.  (a)  A person who is not a devisee or heir is not required to inquire into the power of sale of estate property of the independent executor or independent administrator or the propriety of the exercise of the power of sale if the person deals with the independent executor or independent administrator in good faith and:
(1)  a power of sale is granted to the independent executor in the will;
(2)  a power of sale is granted under Section 401.006 in the court order appointing the independent executor or independent administrator; or
(3)  the independent executor or independent administrator provides an affidavit, executed and sworn to under oath and recorded in the deed records of the county where the property is located, that the sale is necessary or advisable for any of the purposes described in Section 356.251(1).
(b)  As to acts undertaken in good faith reliance, the affidavit described by Subsection (a)(3) is conclusive proof, as between a purchaser of property from the estate, and the personal representative of an estate or the heirs and distributees of the estate, with respect to the authority of the independent executor or independent administrator to sell the property.  The signature or joinder of a devisee or heir who has an interest in the property being sold as described in this section is not necessary for the purchaser to obtain all right, title, and interest of the estate in the property being sold.
(c)  This subchapter does not relieve the independent executor or independent administrator from any duty owed to a devisee or heir in relation, directly or indirectly, to the sale.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 402 - Administration › Subchapter B. Power of Sale › Section 402.054. No Limitation on Other Action

Sec. 402.054.  NO LIMITATION ON OTHER ACTION.  This subchapter does not limit the authority of an independent executor to take any other action without court supervision or approval with respect to estate assets that may take place in a supervised administration, for purposes and within the scope otherwise authorized by this title, including the authority to enter into a lease and to borrow money.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 403 - Exemptions and Allowances; Claims › Subchapter A. Exemptions and Allowances › Section 403.001. Setting Aside Exempt Property and Allowances

Sec. 403.001.  SETTING ASIDE EXEMPT PROPERTY AND ALLOWANCES.  The independent executor shall set aside and deliver to those entitled exempt property and allowances for support, and allowances in lieu of exempt property, as prescribed in this title, to the same extent and result as if the independent executor's actions had been accomplished in, and under orders of, the court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 403 - Exemptions and Allowances; Claims › Subchapter B. Claims › Section 403.051. Duty of Independent Executor

Sec. 403.051.  DUTY OF INDEPENDENT EXECUTOR.  (a)  An independent executor, in the administration of an estate, independently of and without application to, or any action in or by the court:
(1)  shall give the notices required under Sections 308.051 and 308.053;
(2)  may give the notice to an unsecured creditor with a claim for money permitted under Section 308.054 and bar a claim under Section 403.055; and
(3)  may approve or reject any claim, or take no action on a claim, and shall classify and pay claims approved or established by suit against the estate in the same order of priority, classification, and proration prescribed in this title.
(b)  To be effective, the notice prescribed under Subsection (a)(2) must include, in addition to the other information required by Section 308.054, a statement that a claim may be effectively presented by only one of the methods prescribed by this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 403 - Exemptions and Allowances; Claims › Subchapter B. Claims › Section 403.052. Secured Claims for Money

Sec. 403.052.  SECURED CLAIMS FOR MONEY.  Within six months after the date letters are granted or within four months after the date notice is received under Section 308.053, whichever is later, a creditor with a claim for money secured by property of the estate must give notice to the independent executor of the creditor's election to have the creditor's claim approved as a matured secured claim to be paid in due course of administration.  In addition to giving the notice within this period, a creditor whose claim is secured by real property shall record a notice of the creditor's election under this section in the deed records of the county in which the real property is located.  If no election to be a matured secured creditor is made, or the election is made, but not within the prescribed period, or is made within the prescribed period but the creditor has a lien against real property and fails to record notice of the claim in the deed records as required within the prescribed period, the claim shall be a preferred debt and lien against the specific property securing the indebtedness and shall be paid according to the terms of the contract that secured the lien, and the claim may not be asserted against other assets of the estate.  The independent executor may pay the claim before maturity if it is determined to be in the best interest of the estate to do so.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 403 - Exemptions and Allowances; Claims › Subchapter B. Claims › Section 403.053. Matured Secured Claims

Sec. 403.053.  MATURED SECURED CLAIMS.  (a)  A claim approved as a matured secured claim under Section 403.052 remains secured by any lien or security interest against the specific property securing payment of the claim but subordinated to the payment from the property of claims having a higher classification under Section 355.102.  However, the secured creditor:
(1)  is not entitled to exercise any remedies in a manner that prevents the payment of the higher priority claims and allowances; and
(2)  during the administration of the estate, is not entitled to exercise any contractual collection rights, including the power to foreclose, without either the prior written approval of the independent executor or court approval.
(b)  Subsection (a) may not be construed to suspend or otherwise prevent a creditor with a matured secured claim from seeking judicial relief of any kind or from executing any judgment against an independent executor.  Except with respect to real property, any third party acting in good faith may obtain good title with respect to an estate asset acquired through a secured creditor's extrajudicial collection rights, without regard to whether the creditor had the right to collect the asset or whether the creditor acted improperly in exercising those rights during an estate administration due to having elected matured secured status.
(c)  If a claim approved or established by suit as a matured secured claim is secured by property passing to one or more devisees in accordance with Subchapter G, Chapter 255, the independent executor shall collect from the devisees the amount of the debt and pay that amount to the claimant or shall sell the property and pay out of the sale proceeds the claim and associated expenses of sale consistent with the provisions of Sections 355.153(b), (c), (d), and (e) applicable to court supervised administrations.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 403 - Exemptions and Allowances; Claims › Subchapter B. Claims › Section 403.054. Preferred Debt and Lien Claims

Sec. 403.054.  PREFERRED DEBT AND LIEN CLAIMS.  During an independent administration, a secured creditor whose claim is a preferred debt and lien against property securing the indebtedness under Section 403.052 is free to exercise any judicial or extrajudicial collection rights, including the right to foreclosure and execution; provided, however, that the creditor does not have the right to conduct a nonjudicial foreclosure sale within six months after letters are granted.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.