reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter E. Bond Sureties › Section 305.207. Deposits by Personal Surety

Sec. 305.207.  DEPOSITS BY PERSONAL SURETY.  Instead of executing an affidavit under Section 305.203 or creating a lien under Section 305.204 when required, a personal surety may deposit the surety's own cash or securities instead of pledging real property as security.  The deposit:
(1)  must be made in the same manner a personal representative deposits the representative's own cash or securities; and
(2)  is subject, to the extent applicable, to the provisions governing the same type of deposits made by personal representatives.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.251. Grounds for Requiring New Bond

Sec. 305.251.  GROUNDS FOR REQUIRING NEW BOND.  (a)  A personal representative may be required to give a new bond if:
(1)  a surety on a bond dies, removes beyond the limits of this state, or becomes insolvent;
(2)  in the court's opinion:
(A)  the sureties on a bond are insufficient; or
(B)  a bond is defective;
(3)  the amount of a bond is insufficient;
(4)  a surety on a bond petitions the court to be discharged from future liability on the bond; or
(5)  a bond and the record of the bond have been lost or destroyed.
(b)  Any person interested in the estate may have the personal representative cited to appear and show cause why the representative should not be required to give a new bond by filing a written application with the county clerk of the county in which the probate proceedings are pending.  The application must allege that:
(1)  the bond is insufficient or defective; or
(2)  the bond and the record of the bond have been lost or destroyed.
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. 8.013, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.252. Court Order or Citation on New Bond

Sec. 305.252.  COURT ORDER OR CITATION ON NEW BOND.  (a)  When a judge becomes aware that a bond is in any respect insufficient or that a bond and the record of the bond have been lost or destroyed, the judge shall:
(1)  without delay and without notice enter an order requiring the personal representative to give a new bond; or
(2)  without delay have the representative cited to show cause why the representative should not be required to give a new bond.
(b)  An order entered under Subsection (a)(1) must state:
(1)  the reasons for requiring a new bond;
(2)  the amount of the new bond; and
(3)  the period within which the new bond must be given, which may not be earlier than the 10th day after the date of the order.
(c)  A personal representative who opposes an order entered under Subsection (a)(1) may demand a hearing on the order.  The hearing must be held before the expiration of the period within which the new bond must be given.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.253. Show Cause Hearing on New Bond Requirement

Sec. 305.253.  SHOW CAUSE HEARING ON NEW BOND REQUIREMENT.  (a)  On the return of a citation ordering a personal representative to show cause why the representative should not be required to give a new bond, the judge shall, on the date specified for the hearing of the matter, inquire into the sufficiency of the reasons for requiring a new bond.
(b)  If the judge is satisfied that a new bond should be required, the judge shall enter an order requiring a new bond.  The order must state:
(1)  the amount of the new bond; and
(2)  the period within which the new bond must be given, which may not be later than the 20th day after the date of the order.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.254. Effect of Order Requiring New Bond

Sec. 305.254.  EFFECT OF ORDER REQUIRING NEW BOND.  (a)  An order requiring a personal representative to give a new bond has the effect of suspending the representative's powers.
(b)  After the order is entered, the personal representative may not pay out any of the estate's money or take any other official action, except to preserve estate property, until the new bond is given and approved.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.255. New Bond in Decreased Amount

Sec. 305.255.  NEW BOND IN DECREASED AMOUNT.  (a)  A personal representative required to give a bond may at any time file with the clerk a written application requesting that the court reduce the amount of the bond.
(b)  On the filing of an application under Subsection (a), the clerk shall promptly issue and have notice posted to all interested persons and the sureties on the bond.  The notice must inform the interested persons and sureties of:
(1)  the fact that the application has been filed;
(2)  the nature of the application; and
(3)  the time the judge will hear the application.
(c)  The judge may permit the filing of a new bond in a reduced amount if:
(1)  proof is submitted that a bond in an amount less than the bond in effect will be adequate to meet the requirements of law and protect the estate; and
(2)  the judge approves an accounting filed at the time of the application.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.256. Request by Surety for New Bond

Sec. 305.256.  REQUEST BY SURETY FOR NEW BOND.  (a)  A surety on a bond may at any time file with the clerk a petition requesting that the court in which the proceedings are pending:
(1)  require the personal representative to give a new bond; and
(2)  discharge the petitioner from all liability for the future acts of the representative.
(b)  On the filing of a petition under Subsection (a), the personal representative shall be cited to appear and give a new bond.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 305 - Qualification of Personal Representatives › Subchapter F. New Bonds › Section 305.257. Discharge of Former Sureties on Execution of New Bond

Sec. 305.257.  DISCHARGE OF FORMER SURETIES ON EXECUTION OF NEW BOND.  When a new bond has been given and approved, the court shall enter an order discharging the sureties on the former bond from all liability for the future acts of the principal on the bond.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.001. Granting of Letters Testamentary

Sec. 306.001.  GRANTING OF LETTERS TESTAMENTARY.  (a)  Before the 21st day after the date a will has been probated, the court shall grant letters testamentary, if permitted by law, to each executor appointed by the will who:
(1)  is not disqualified; and
(2)  is willing to accept the trust and qualify according to law.
(b)  Failure of the court to issue letters testamentary within the period prescribed by this section does not affect the validity of any letters testamentary issued in accordance with law after that period.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.002. Granting of Letters of Administration

Sec. 306.002.  GRANTING OF LETTERS OF ADMINISTRATION.  (a)  Subject to Subsection (b), the court hearing an application under Chapter 301 shall grant:
(1)  the administration of a decedent's estate if the decedent died intestate; or
(2)  the administration of the decedent's estate with the will annexed if the decedent died leaving a will but:
(A)  the will does not name an executor; or
(B)  the executor named in the will:
(i)  is deceased;
(ii)  fails to accept and qualify before the 21st day after the date the will is probated; or
(iii)  fails to present the will for probate before the 31st day after the date of the decedent's death and the court finds there was no good cause for that failure.
(b)  The court may not grant any administration of an estate unless a necessity for the administration exists, as determined by the court.
(c)  The court may find other instances of necessity for an administration based on proof before the court, but a necessity is considered to exist if:
(1)  there are two or more debts against the estate;
(2)  there is a desire for the county court to partition the estate among the distributees;
(3)  the administration is necessary to receive or recover funds or other property due the estate; or
(4)  the administration is necessary to prevent real property in a decedent's estate from becoming a danger to the health, safety, or welfare of the general public.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 576 (H.B. 3160), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.003. Order Granting Letters

Sec. 306.003.  ORDER GRANTING LETTERS.  When letters testamentary or of administration are granted, the court shall enter an order to that effect stating:
(1)  the name of the decedent;
(2)  the name of the person to whom the letters are granted;
(3)  the amount of any required bond;
(4)  the name of at least one but not more than three disinterested persons appointed to appraise the estate and return the appraisement to the court, if:
(A)  any interested person applies to the court for the appointment of an appraiser; or
(B)  the court considers an appraisement to be necessary; and
(5)  that the clerk shall issue letters in accordance with the order when the person to whom the letters are granted has qualified according to law.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.004. Issuance of Original Letters

Sec. 306.004.  ISSUANCE OF ORIGINAL LETTERS.  When an executor or administrator has qualified in the manner required by law, the clerk of the court granting the letters testamentary or of administration shall promptly issue and deliver the letters to the executor or administrator.  If more than one person qualifies as executor or administrator, the clerk shall issue the letters to each person who qualifies.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.005. Form and Content of Letters

Sec. 306.005.  FORM AND CONTENT OF LETTERS.  Letters testamentary or of administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states:
(1)  the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law;
(2)  the date of the qualification; and
(3)  the name of the decedent.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.006. Replacement and Other Additional Letters

Sec. 306.006.  REPLACEMENT AND OTHER ADDITIONAL LETTERS.  When letters testamentary or of administration have been destroyed or lost, the clerk shall issue other letters to replace the original letters, which have the same effect as the original letters.  The clerk shall also issue any number of letters as and when requested by the person or persons who hold the letters.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 306 - Granting and Issuance of Letters › Section 306.007. Effect of Letters or Certificate

Sec. 306.007.  EFFECT OF LETTERS OR CERTIFICATE.  Letters testamentary or of administration or a certificate of the clerk of the court that granted the letters, under the court's seal, indicating that the letters have been issued, is sufficient evidence of:
(1)  the appointment and qualification of the personal representative of an estate; and
(2)  the date of qualification.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 307 - Validity of Certain Acts of Executors and Administrators › Section 307.001. Rights of Good Faith Purchasers

Sec. 307.001.  RIGHTS OF GOOD FAITH PURCHASERS.  (a)  This section applies only to an act performed by a qualified executor or administrator in that capacity and in conformity with the law and the executor's or administrator's authority.
(b)  An act continues to be valid for all intents and purposes in regard to the rights of an innocent purchaser who purchases any of the estate property from the executor or administrator for valuable consideration, in good faith, and without notice of any illegality in the title to the property, even if the act or the authority under which the act was performed is subsequently set aside, annulled, and declared invalid.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 307 - Validity of Certain Acts of Executors and Administrators › Section 307.002. Joint Executors or Administrators

Sec. 307.002.  JOINT EXECUTORS OR ADMINISTRATORS.  (a)  Except as provided by Subsection (b), if there is more than one executor or administrator of an estate at the same time, the acts of one of the executors or administrators in that capacity are valid as if all the executors or administrators had acted jointly.  If one of the executors or administrators dies, resigns, or is removed, a co-executor or co-administrator of the estate shall proceed with the administration as if the death, resignation, or removal had not occurred.
(b)  If there is more than one executor or administrator of an estate at the same time, all of the qualified executors or administrators who are acting in that capacity must join in the conveyance of real estate unless the court, after due hearing, authorizes fewer than all to act.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter A. Notice to Certain Beneficiaries After Probate of Will › Section 308.001. Definition

Sec. 308.001.  DEFINITION.  In this subchapter, "beneficiary" means a person, entity, state, governmental agency of the state, charitable organization, or trustee of a trust entitled to receive property under the terms of a decedent's will, to be determined for purposes of this subchapter with the assumption that each person who is alive on the date of the decedent's death survives any period required to receive the bequest as specified by the terms of the will.  The term does not include a person, entity, state, governmental agency of the state, charitable organization, or trustee of a trust that would be entitled to receive property under the terms of a decedent's will on the occurrence of a contingency that has not occurred as of the date of the decedent's death.
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. 2.34, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter A. Notice to Certain Beneficiaries After Probate of Will › Section 308.0015. Application

Sec. 308.0015.  APPLICATION.  This subchapter does not apply to the probate of a will as a muniment of title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.35, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter A. Notice to Certain Beneficiaries After Probate of Will › Section 308.003. Contents of Notice

Sec. 308.003.  CONTENTS OF NOTICE.  The notice required by Section 308.002 must include:
(1)   the name and address of the beneficiary to whom the notice is given or, for a beneficiary described by Section 308.002(b), the name and address of the beneficiary for whom the notice is given and of the person to whom the notice is given;
(2)  the decedent's name;
(3)  a statement that the decedent's will has been admitted to probate;
(4)  a statement that the beneficiary to whom or for whom the notice is given is named as a beneficiary in the will;
(5)  the personal representative's name and contact information; and
(6)  either:
(A) a copy of the will that was admitted to probate and of the order admitting the will to probate; or
(B)  a summary of the gifts to the beneficiary under the will, the court in which the will was admitted to probate, the docket number assigned to the estate, the date the will was admitted to probate, and, if different, the date the court appointed the personal representative.
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. 2.37, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter A. Notice to Certain Beneficiaries After Probate of Will › Section 308.004. Affidavit or Certificate

Sec. 308.004.  AFFIDAVIT OR CERTIFICATE.  (a)  Not later than the 90th day after the date of an order admitting a will to probate, the personal representative shall file with the clerk of the court in which the decedent's estate is pending a sworn affidavit of the representative or a certificate signed by the representative's attorney stating:
(1)  for each beneficiary to whom notice was required to be given under this subchapter, the name of the beneficiary to whom the representative gave the notice or, for a beneficiary described by Section 308.002(b), the name of the beneficiary and of the person to whom the notice was given;
(2)  the name of each beneficiary to whom notice was not required to be given under Section 308.002(c)(2), (3), or (4);
(3)  the name of each beneficiary whose identity or address could not be ascertained despite the representative's exercise of reasonable diligence; and
(4)  any other information necessary to explain the representative's inability to give the notice to or for any beneficiary as required by this subchapter.
(b)  The affidavit or certificate required by Subsection (a) may be included with any pleading or other document filed with the court clerk, including the inventory, appraisement, and list of claims, an affidavit in lieu of the inventory, appraisement, and list of claims, or an application for an extension of the deadline to file the inventory, appraisement, and list of claims or an affidavit in lieu of the inventory, appraisement, and list of claims, provided that the pleading or other document is filed not later than the date the affidavit or certificate is required to be filed under Subsection (a).
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. 2.38, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 31, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter B. Notice to Claimants › Section 308.051. Required Notice Regarding Presentment of Claims in General

Sec. 308.051.  REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL.  (a)  Within one month after receiving letters testamentary or of administration, a personal representative of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law by:
(1)  having the notice published in a newspaper of general circulation in the county in which the letters were issued; and
(2)  if the decedent remitted or should have remitted taxes administered by the comptroller, sending the notice to the comptroller by a qualified delivery method.
(b)  Notice provided under Subsection (a) must include:
(1)  the date the letters testamentary or of administration were issued to the personal representative;
(2)  the address to which a claim may be presented; and
(3)  an instruction of the representative's choice that the claim be addressed in care of:
(A)  the representative;
(B)  the representative's attorney; or
(C)  "Representative, Estate of __________" (naming the estate).
(c)  If there is no newspaper of general circulation in the county in which the letters testamentary or of administration were issued, the notice must be posted and the return made and filed as otherwise required by this title.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 27, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 29, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter B. Notice to Claimants › Section 308.052. Proof of Publication

Sec. 308.052.  PROOF OF PUBLICATION.  A copy of the published notice required by Section 308.051(a)(1), together with the publisher's affidavit, sworn to and subscribed before a proper officer, to the effect that the notice was published as provided in this title for the service of citation or notice by publication, shall be filed in the court in which the cause is pending.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter B. Notice to Claimants › Section 308.053. Required Notice to Secured Creditor

Sec. 308.053.  REQUIRED NOTICE TO SECURED CREDITOR.  (a)  Within two months after receiving letters testamentary or of administration, a personal representative of an estate shall give notice of the issuance of the letters to each person the representative knows to have a claim for money against the estate that is secured by estate property.
(b)  Within a reasonable period after a personal representative obtains actual knowledge of the existence of a person who has a secured claim for money against the estate and to whom notice was not previously given, the representative shall give notice to the person of the issuance of the letters testamentary or of administration.
(c)  Notice provided under this section must be:
(1)  sent by a qualified delivery method; and
(2)  addressed to the record holder of the claim at the record holder's last known post office address.
(d)  The following shall be filed with the clerk of the court in which the letters testamentary or of administration were issued:
(1)  a copy of each notice and of each return receipt or other proof of delivery receipt; and
(2)  the personal representative's affidavit stating:
(A)  that the notice was sent as required by law; and
(B)  the name of the person to whom the notice was sent, if that name is not shown on the notice or receipt.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 30, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter B. Notice to Claimants › Section 308.054. Permissive Notice to Unsecured Creditor

Sec. 308.054.  PERMISSIVE NOTICE TO UNSECURED CREDITOR.  (a)  At any time before an estate administration is closed, a personal representative may give notice by a qualified delivery method to an unsecured creditor who has a claim for money against the estate.
(b)  Notice given under Subsection (a) must:
(1)  expressly state that the creditor must present the claim before the 121st day after the date of the receipt of the notice or the claim is barred, if the claim is not barred by the general statutes of limitation; and
(2)  include:
(A)  the date the letters testamentary or of administration held by the personal representative were issued to the representative;
(B)  the address to which the claim may be presented; and
(C)  an instruction of the representative's choice that the claim be addressed in care of:
(i)  the representative;
(ii)  the representative's attorney; or
(iii)  "Representative, Estate of _______" (naming the estate).
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. 39, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 31, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter B. Notice to Claimants › Section 308.055. One Notice Sufficient

Sec. 308.055.  ONE NOTICE SUFFICIENT.  A personal representative is not required to give a notice required by Section 308.051 or 308.053 if another person also appointed as personal representative of the estate or a former personal representative of the estate has given that 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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 308 - Notice to Beneficiaries and Claimants › Subchapter B. Notice to Claimants › Section 308.056. Liability for Failure to Give Required Notice

Sec. 308.056.  LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE.  A personal representative who fails to give a notice required by Section 308.051 or 308.053, or to cause the notice to be given, and the sureties on the representative's bond are liable for any damage a person suffers due to that neglect, unless it appears that the person otherwise had 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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter A. Appraisers › Section 309.001. Appointment of Appraisers

Sec. 309.001.  APPOINTMENT OF APPRAISERS.  (a)  At any time after letters testamentary or of administration are granted, the court, for good cause, on the court's own motion or on the motion of an interested person shall appoint at least one but not more than three disinterested persons who are residents of the county in which the letters were granted to appraise the estate property.
(b)   If the court makes an appointment under Subsection (a) and part of the estate is located in a county other than the county in which the letters were granted, the court, if the court considers necessary, may appoint at least one but not more than three disinterested persons who are residents of the county in which the relevant part of the estate is located to appraise the estate property located in that county.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 32, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter A. Appraisers › Section 309.002. Appraisers' Fees

Sec. 309.002.  APPRAISERS' FEES.  An appraiser appointed by the court as herein authorized is entitled to receive compensation, payable out of the estate, of at least $5 for each day the appraiser actually serves in performing the appraiser's duties.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter A. Appraisers › Section 309.003. Failure or Refusal to Act by Appraisers

Sec. 309.003.  FAILURE OR REFUSAL TO ACT BY APPRAISERS.  If an appraiser appointed under Section 309.001 fails or refuses to act, the court by one or more similar orders shall remove the appraiser and appoint one or more other appraisers, as the case requires.
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 G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.051. Inventory and Appraisement

Sec. 309.051.  INVENTORY AND APPRAISEMENT.  (a)  Except as provided by Subsection (c) or Section 309.056 or unless a longer period is granted by the court, before the 91st day after the date the personal representative qualifies, the representative shall prepare and file with the court clerk a single written instrument that contains a verified, full, and detailed inventory of all estate property that has come into the representative's possession or of which the representative has knowledge.  The inventory must:
(1)  include:
(A)  all estate real property located in this state; and
(B)  all estate personal property regardless of where the property is located; and
(2)  specify which portion of the property, if any, is separate property and which, if any, is community property.
(b)  The personal representative shall:
(1)  set out in the inventory the representative's appraisement of the fair market value on the date of the decedent's death of each item in the inventory; or
(2)  if the court has appointed one or more appraisers for the estate:
(A)  determine the fair market value of each item in the inventory with the assistance of the appraiser or appraisers; and
(B)  set out that appraisement in the inventory.
(c)  The court for good cause shown may require the personal representative to file the inventory and appraisement within a shorter period than the period prescribed by Subsection (a).
(d)  The inventory, when approved by the court and filed with the court clerk, is for all purposes the inventory and appraisement of the estate referred to in this title.
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. 8.014, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.40, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 40, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.052. List of Claims

Sec. 309.052.  LIST OF CLAIMS.  A complete list of claims due or owing to the estate must be attached to the inventory and appraisement required by Section 309.051.  The list of claims must state:
(1)  the name and, if known, address of each person indebted to the estate; and
(2)  regarding each claim:
(A)  the nature of the debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract;
(B)  the date the debt was incurred;
(C)  the date the debt was or is due;
(D)  the amount of the claim, the rate of interest on the claim, and the period for which the claim bears interest; and
(E)  whether the claim is separate property or community property.
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. 2.41, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.053. Affidavit of Personal Representative

Sec. 309.053.  AFFIDAVIT OF PERSONAL REPRESENTATIVE.  The personal representative shall attach to the inventory, appraisement, and list of claims the representative's affidavit, subscribed and sworn to before an officer in the county authorized by law to administer oaths, that the inventory, appraisement, and list of claims are a true and complete statement of the property and claims of the estate of which the representative has knowledge.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.054. Approval or Disapproval by the Court

Sec. 309.054.  APPROVAL OR DISAPPROVAL BY THE COURT.  (a)  On the filing of the inventory, appraisement, and list of claims with the court clerk, the judge shall examine and approve or disapprove the inventory, appraisement, and list of claims.
(b)  If the judge approves the inventory, appraisement, and list of claims, the judge shall enter an order to that effect.
(c)  If the judge does not approve the inventory, appraisement, or list of claims, the judge:
(1)  shall enter an order to that effect requiring the filing of another inventory, appraisement, or list of claims, whichever is not approved, within a period specified in the order not to exceed 20 days after the date the order is entered; and
(2)  may, if considered necessary, appoint new appraisers.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.055. Failure of Joint Personal Representatives to File Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Sec. 309.055.  FAILURE OF JOINT PERSONAL REPRESENTATIVES TO FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  If more than one personal representative qualifies to serve, any one or more of the representatives, on the neglect of the other representatives, may make and file an inventory, appraisement, and list of claims or an affidavit in lieu of an inventory, appraisement, and list of claims.
(b)  A personal representative who neglects to make or file an inventory, appraisement, and list of claims or an affidavit in lieu of an inventory, appraisement, and list of claims may not interfere with and does not have any power over the estate after another representative makes and files an inventory, appraisement, and list of claims or an affidavit in lieu of an inventory, appraisement, and list of claims.
(c)  The personal representative who files the inventory, appraisement, and list of claims or the affidavit in lieu of an inventory, appraisement, and list of claims is entitled to the whole administration unless, before the 61st day after the date the representative files the inventory, appraisement, and list of claims or the affidavit in lieu of an inventory, appraisement, and list of claims, one or more delinquent representatives file with the court a written, sworn, and reasonable excuse that the court considers satisfactory.  The court shall enter an order removing one or more delinquent representatives and revoking those representatives' letters if:
(1)  an excuse is not filed; or
(2)  the court does not consider the filed excuse sufficient.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.42, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.057. Penalty for Failure to Timely File Inventory, Appraisement, and List of Claims or Affidavit in Lieu Of

Sec. 309.057.  PENALTY FOR FAILURE TO TIMELY FILE INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF.  (a)  This section applies only to a personal representative, including an independent executor or administrator, who does not file an inventory, appraisement, and list of claims or affidavit in lieu of the inventory, appraisement, and list of claims, as applicable, within the period prescribed by Section 309.051 or any extension granted by the court.
(b)  Any person interested in the estate on written complaint, or the court on the court's own motion, may have a personal representative to whom this section applies cited to  file the inventory, appraisement, and list of claims or affidavit in lieu of the inventory, appraisement, and list of claims, as applicable, and show cause for the failure to timely file.
(c)  If the personal representative does not file the inventory, appraisement, and list of claims or affidavit in lieu of the inventory, appraisement, and list of claims, as applicable, after being cited or does not show good cause for the failure to timely file, the court on hearing may fine the representative in an amount not to exceed $1,000.
(d)  The personal representative and the representative's sureties, if any, are liable for any fine imposed under this section and for all damages and costs sustained by the representative's failure.  The fine, damages, and costs may be recovered in any court of competent jurisdiction.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 42, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims › Section 309.0575. Penalty for Misrepresentation in Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Sec. 309.0575.  PENALTY FOR MISREPRESENTATION IN AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS.  (a)  The court, on its own motion or on motion of any person interested in the estate, and after an independent executor has been cited to answer at a time and place fixed in the notice, may fine an independent executor in an amount not to exceed $1,000 if the court finds that the executor misrepresented in an affidavit in lieu of the inventory, appraisement, and list of claims filed by the executor that all beneficiaries, other than those described by Section 309.056(b-1), received a verified, full,  and detailed inventory and appraisement as required by Section 309.056(b).
(b)  The independent executor and the executor's sureties, if any, are liable for any fine imposed under this section and for all damages and costs sustained by the executor's misrepresentation.  The fine, damages, and costs may be recovered in any court of competent jurisdiction.
Added by Acts 2017, 85th Leg., R.S., Ch. 1043 (H.B. 1877), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter C. Changes to Inventory, Appraisement, and List of Claims › Section 309.101. Discovery of Additional Property or Claims

Sec. 309.101.  DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS.  (a)  If after the filing of the inventory, appraisement, and list of claims the personal representative acquires possession or knowledge of property or claims of the estate not included in the inventory, appraisement, and list of claims the representative shall promptly file with the court clerk a verified, full, and detailed supplemental inventory, appraisement, and list of claims.
(b)  If after the filing of the affidavit in lieu of the inventory, appraisement, and list of claims the personal representative acquires possession or knowledge of property or claims of the estate not included in the inventory and appraisement given to the beneficiaries, the representative shall promptly file with the court clerk a supplemental affidavit in lieu of the inventory, appraisement, and list of claims stating that all beneficiaries have received a verified, full, and detailed supplemental inventory and appraisement.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.44, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 309 - Inventory, Appraisement, and List of Claims › Subchapter C. Changes to Inventory, Appraisement, and List of Claims › Section 309.102. Additional Inventory and Appraisement or List of Claims

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