reglab/statecodes huggingface dataset:
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 403.055. Certain Unsecured Claims; Barring of Claims

Sec. 403.055.  CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.  An unsecured creditor who has a claim for money against an estate and who receives a notice under Section 308.054 shall give to the independent executor notice of the nature and amount of the claim before the 121st day after the date the notice is received or the claim is barred.
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. 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 403.056. Notices Required by Creditors

Sec. 403.056.  NOTICES REQUIRED BY CREDITORS.  (a)  Notice to the independent executor required by Sections 403.052 and 403.055 must be contained in:
(1)  a written instrument that complies with Section 355.004 and is sent by a qualified delivery method to the independent executor or the executor's attorney;
(2)  a pleading filed in a lawsuit with respect to the claim; or
(3)  a written instrument that complies with Section 355.004 or a pleading filed in the court in which the administration of the estate is pending.
(b)  This section does not exempt a creditor who elects matured secured status from the filing requirements of Section 403.052, to the extent those requirements are applicable.
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. 54, eff. January 1, 2014.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 36, eff. September 1, 2023.
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 403.057. Statute of Limitations

Sec. 403.057.  STATUTE OF LIMITATIONS.  Except as otherwise provided by Section 16.062, Civil Practice and Remedies Code, the running of the statute of limitations shall be tolled only by a written approval of a claim signed by an independent executor, a pleading filed in a suit pending at the time of the decedent's death, or a suit brought by the creditor against the independent executor.  In particular, the presentation of a statement or claim, or a notice with respect to a claim, to an independent executor does not toll the running of the statute of limitations with respect to that claim.
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 403.058. Other Claim Procedures Generally Do Not Apply

Sec. 403.058.  OTHER CLAIM PROCEDURES GENERALLY DO NOT APPLY.  Except as otherwise provided by this subchapter, the procedural provisions of this title governing creditor claims in supervised administrations do not apply to independent administrations.  By way of example, but not as a limitation:
(1)  Sections 355.064 and 355.066 do not apply to independent administrations, and consequently a creditor's claim may not be barred solely because the creditor failed to file a suit not later than the 90th day after the date an independent executor rejected the claim or with respect to a claim for which the independent executor takes no action; and
(2)  Sections 355.156, 355.157, 355.158, 355.159, and 355.160 do not apply to independent 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 403.0585. Liability of Independent Executor for Payment of a Claim

Sec. 403.0585.   LIABILITY OF INDEPENDENT EXECUTOR FOR PAYMENT OF A CLAIM.  An independent executor, in the administration of an estate, may pay at any time and without personal liability a claim for money against the estate to the extent approved and classified by the independent executor if:
(1)  the claim is not barred by limitations; and
(2)  at the time of payment, the independent executor reasonably believes the estate will have sufficient assets to pay all claims against the estate.
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 403.059. Enforcement of Claims by Suit

Sec. 403.059.  ENFORCEMENT OF CLAIMS BY SUIT.  Any person having a debt or claim against the estate may enforce the payment of the same by suit against the independent executor; and, when judgment is recovered against the independent executor, the execution shall run against the estate of the decedent in the possession of the independent executor that is subject to the debt.  The independent executor shall not be required to plead to any suit brought against the executor for money until after six months after the date that an independent administration was created and the order appointing the executor was entered by the probate 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 403.060. Requiring Heirs to Give Bond

Sec. 403.060.  REQUIRING HEIRS TO GIVE BOND.  When an independent administration is created and the order appointing an independent executor is entered by the probate court, any person having a debt against the estate may, by written complaint filed in the probate court in which the order was entered, cause all distributees of the estate, heirs at law, and other persons entitled to any portion of the estate under the will, if any, to be cited by personal service to appear before the court and execute a bond for an amount equal to the amount of the creditor's claim or the full value of the estate, as shown by the inventory and list of claims, whichever is smaller.  The bond must be payable to the judge, and the judge's successors, and be approved by the judge, and conditioned that all obligors shall pay all debts that shall be established against the estate in the manner provided by law.  On the return of the citation served, unless a person so entitled to any portion of the estate, or some of them, or some other person for them, shall execute the bond to the satisfaction of the probate court, the estate shall be administered and settled under the direction of the probate court as other estates are required to be settled.  If the bond is executed and approved, the independent administration shall proceed.  Creditors of the estate may sue on the bond, and shall be entitled to judgment on the bond for the amount of their debt, or they may have their action against those in possession of the estate.
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 404 - Accountings, Successors, and Other Remedies › Section 404.001. Accounting

Sec. 404.001.  ACCOUNTING.  (a)  At any time after the expiration of 15 months after the date that the court clerk first issues letters testamentary or of administration to any personal representative of an estate, any person interested in the estate may demand an accounting from the independent executor.  The independent executor shall furnish to the person or persons making the demand an exhibit in writing, sworn and subscribed by the independent executor, setting forth in detail:
(1)  the property belonging to the estate that has come into the executor's possession as executor;
(2)  the disposition that has been made of the property described by Subdivision (1);
(3)  the debts that have been paid;
(4)  the debts and expenses, if any, still owing by the estate;
(5)  the property of the estate, if any, still remaining in the executor's possession;
(6)  other facts as may be necessary to a full and definite understanding of the exact condition of the estate; and
(7)  the facts, if any, that show why the administration should not be closed and the estate distributed.
(a-1)  Any other interested person shall, on demand, be entitled to a copy of any exhibit or accounting that has been made by an independent executor in compliance with this section.
(b)  Should the independent executor not comply with a demand for an accounting authorized by this section within 60 days after receipt of the demand, the person making the demand may compel compliance by an action in the probate court.  After a hearing, the court shall enter an order requiring the accounting to be made at such time as it considers proper under the circumstances.
(c)  After an initial accounting has been given by an independent executor, any person interested in an estate may demand subsequent periodic accountings at intervals of not less than 12 months, and such subsequent demands may be enforced in the same manner as an initial demand.
(d)  The right to an accounting accorded by this section is cumulative of any other remedies which persons interested in an estate may have against the independent executor of the estate.
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. 55, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 404 - Accountings, Successors, and Other Remedies › Section 404.002. Requiring Independent Executor to Give Bond

Sec. 404.002.  REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND.  When it has been provided by will, regularly probated, that an independent executor appointed by the will shall not be required to give bond for the management of the estate devised by the will, or the independent executor is not required to give bond because bond has been waived by court order as authorized under Section 401.005, then the independent executor may be required to give bond, on proper proceedings had for that purpose as in the case of personal representatives in a supervised administration, if it be made to appear at any time that the independent executor is mismanaging the property, or has betrayed or is about to betray the independent executor's trust, or has in some other way become disqualified.
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 404 - Accountings, Successors, and Other Remedies › Section 404.003. Removal of Independent Executor Without Notice

Sec. 404.003.  REMOVAL OF INDEPENDENT EXECUTOR WITHOUT NOTICE. The probate court, on the court's own motion or on the motion of any interested person, and without notice, may remove an independent executor appointed under this subtitle when:
(1)  the independent executor cannot be served with notice or other processes because:
(A)  the independent executor's whereabouts are unknown;
(B)  the independent executor is eluding service; or
(C)  the independent executor is a nonresident of this state without a designated resident agent; or
(2)  sufficient grounds appear to support a belief that the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the independent executor's care.
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. 56, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 404 - Accountings, Successors, and Other Remedies › Section 404.0035. Removal of Independent Executor With Notice

Sec. 404.0035.  REMOVAL OF INDEPENDENT EXECUTOR WITH NOTICE.  (a)  The probate court, on the court's own motion, may remove an independent executor appointed under this subtitle after providing 30 days' written notice of the court's intention to the independent executor, requiring answering at a time and place set in the notice, by a qualified delivery method, to the independent executor's last known address and to the last known address of the independent executor's attorney of record, if the independent executor:
(1)  neglects to qualify in the manner and time required by law;
(2)  fails to return, before the 91st day after the date the independent executor qualifies, either an inventory of the estate property and a list of claims that have come to the independent executor's knowledge or an affidavit in lieu of the inventory, appraisement, and list of claims, unless that deadline is extended by court order; or
(3)  fails to timely file the affidavit or certificate required by Section 308.004.
(b)  The probate court, on its own motion or on motion of any interested person, after the independent executor has been cited by personal service to answer at a time and place set in the notice, may remove an independent executor when:
(1)  the independent executor fails to make an accounting which is required by law to be made;
(2)  the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor's duties;
(3)  the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor's fiduciary duties; or
(4)  the independent executor becomes incapable of properly performing the independent executor's fiduciary duties due to a material conflict of interest.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 56, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(b), eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 37, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 404 - Accountings, Successors, and Other Remedies › Section 404.0036. Removal Order

Sec. 404.0036.  REMOVAL ORDER.  (a)  The order of removal of an independent executor shall state the cause of removal and shall direct by order the disposition of the assets remaining in the name or under the control of the removed independent executor.  The order of removal shall require that letters issued to the removed independent executor shall be surrendered and that all letters shall be canceled of record.
(b)  If an independent executor is removed by the court under Section 404.003 or 404.0035, the court may, on application, appoint a successor independent administrator as provided by Section 404.005.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 56, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 8, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 8, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 404 - Accountings, Successors, and Other Remedies › Section 404.0037. Costs and Expenses Related to Removal of Independent Executor

Sec. 404.0037.  COSTS AND EXPENSES RELATED TO REMOVAL OF INDEPENDENT EXECUTOR.  (a)  An independent executor who defends an action for the independent executor's removal in good faith, whether successful or not, shall be allowed out of the estate the independent executor's necessary expenses and disbursements, including reasonable attorney's fees, in the removal proceedings.
(b)  Costs and expenses incurred by the party seeking removal that are incident to removal of an independent executor appointed without bond, including reasonable attorney's fees and expenses, may be paid out of the estate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 56, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 405 - Closing and Distributions › Section 405.001. Accounting and Distribution

Sec. 405.001.  ACCOUNTING AND DISTRIBUTION.  (a)  In addition to or in lieu of the right to an accounting provided by Section 404.001, at any time after the expiration of two years after the date the court clerk first issues letters testamentary or of administration to any personal representative of an estate, a person interested in the estate then subject to independent administration may petition the court for an accounting and distribution.  The court may order an accounting to be made with the court by the independent executor at such time as the court considers proper.  The accounting shall include the information that the court considers necessary to determine whether any part of the estate should be distributed.
(b)  On receipt of the accounting and, after notice to the independent executor and a hearing, unless the court finds a continued necessity for administration of the estate, the court shall order its distribution by the independent executor to the distributees entitled to the property.  If the court finds there is a continued necessity for administration of the estate, the court shall order the distribution of any portion of the estate that the court finds should not be subject to further administration by the independent executor.  If any portion of the estate that is ordered to be distributed is incapable of distribution without prior partition or sale, the court may:
(1)  order partition and distribution, or sale, in the manner provided for the partition and distribution of property incapable of division in supervised estates; or
(2)  order distribution of that portion of the estate incapable of distribution without prior partition or sale in undivided interests.
(c)  If all the property in the estate is ordered distributed by the court and the estate is fully administered, the court may also order the independent executor to file a final account with the court and may enter an order closing the administration and terminating the power of the independent executor to act as executor.
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. 58, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 405 - Closing and Distributions › Section 405.0015. Distributions Generally

Sec. 405.0015.  DISTRIBUTIONS GENERALLY.  Unless the will, if any, or a court order provides otherwise, an independent executor may, in distributing property not specifically devised that the independent executor is authorized to sell:
(1)  make distributions in divided or undivided interests;
(2)  allocate particular assets in proportionate or disproportionate shares;
(3)  value the estate property for the purposes of acting under Subdivision (1) or (2); and
(4)  adjust the distribution, division, or termination for resulting differences in valuation.
Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 33, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 405 - Closing and Distributions › Section 405.002. Receipts and Releases for Distributions by Independent Executor

Sec. 405.002.  RECEIPTS AND RELEASES FOR DISTRIBUTIONS BY INDEPENDENT EXECUTOR.  (a)  An independent executor may not be required to deliver tangible or intangible personal property to a distributee unless the independent executor receives, at or before the time of delivery of the property, a signed receipt or other proof of delivery of the property to the distributee.
(b)  An independent executor may not require a waiver or release from the distributee as a condition of delivery of property to a distributee.
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 405 - Closing and Distributions › Section 405.003. Judicial Discharge of Independent Executor

Sec. 405.003.  JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR.  (a)  After an estate has been administered and if there is no further need for an independent administration of the estate, the independent executor of the estate may file an action for declaratory judgment under Chapter 37, Civil Practice and Remedies Code, seeking to discharge the independent executor from any liability involving matters relating to the past administration of the estate that have been fully and fairly disclosed.
(b)  On the filing of an action under this section, each distributee of the estate shall be personally served with citation, except for a distributee who has waived the issuance and service of citation.
(c)  In a proceeding under this section, the court may require the independent executor to file a final account that includes any information the court considers necessary to adjudicate the independent executor's request for a discharge of liability.  The court may audit, settle, or approve a final account filed under this subsection.
(d)  On or before filing an action under this section, the independent executor must distribute to the distributees of the estate any of the remaining assets or property of the estate that remains in the independent executor's possession after all of the estate's debts have been paid, except for a reasonable reserve of assets that the independent executor may retain in a fiduciary capacity pending court approval of the final account.  The court may review the amount of assets on reserve and may order the independent executor to make further distributions under this section.
(e)  Except as ordered by the court, the independent executor is entitled to pay from the estate legal fees, expenses, or other costs incurred in relation to a proceeding for judicial discharge filed under this section.  The independent executor shall be personally liable to refund any amount of such fees, expenses, or other costs not approved by the court as a proper charge against the estate.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 34, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle I - Independent Administration › Chapter 405 - Closing and Distributions › Section 405.004. Closing Independent Administration by Closing Report or Notice of Closing Estate

Sec. 405.004.  CLOSING INDEPENDENT ADMINISTRATION BY CLOSING REPORT OR NOTICE OF CLOSING ESTATE.  When all of the debts known to exist against the estate have been paid, or when they have been paid so far as the assets in the independent executor's possession will permit, when there is no pending litigation, and when the independent executor has distributed to the distributees entitled to the estate all assets of the estate, if any, remaining after payment of debts, the independent executor may file with the court a closing report or a notice of closing of the estate.
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 405 - Closing and Distributions › Section 405.005. Closing Report

Sec. 405.005.  CLOSING REPORT.  An independent executor may file a closing report verified by affidavit that:
(1)  shows:
(A)  the property of the estate that came into the independent executor's possession;
(B)  the debts that have been paid;
(C)  the debts, if any, still owing by the estate;
(D)  the property of the estate, if any, remaining on hand after payment of debts; and
(E)  the names and addresses of the distributees to whom the property of the estate, if any, remaining on hand after payment of debts has been distributed; and
(2)  includes signed receipts or other proof of delivery of property to the distributees named in the closing report if the closing report reflects that there was property remaining on hand after payment of debts.
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 405 - Closing and Distributions › Section 405.006. Notice of Closing Estate

Sec. 405.006.  NOTICE OF CLOSING ESTATE.  (a)  Instead of filing a closing report under Section 405.005, an independent executor may file a notice of closing estate verified by affidavit that states:
(1)  that all debts known to exist against the estate have been paid or have been paid to the extent permitted by the assets in the independent executor's  possession;
(2)  that all remaining assets of the estate, if any, have been distributed; and
(3)  the names and addresses of the distributees to whom the property of the estate, if any, remaining on hand after payment of debts has been distributed.
(b)  Before filing the notice, the independent executor shall provide to each distributee of the estate a copy of the notice of closing estate.  The notice of closing estate filed by the independent executor must include signed receipts or other proof that all distributees have received a copy of the notice of closing estate.
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 405 - Closing and Distributions › Section 405.007. Effect of Filing Closing Report or Notice of Closing Estate

Sec. 405.007.  EFFECT OF FILING CLOSING REPORT OR NOTICE OF CLOSING ESTATE.  (a)  The independent administration of an estate is considered closed 30 days after the date of the filing of a closing report or notice of closing estate unless an interested person files an objection with the court within that time.  If an interested person files an objection within the 30-day period, the independent administration of the estate is closed when the objection has been disposed of or the court signs an order closing the estate.
(b)  The closing of an independent administration by filing of a closing report or notice of closing estate terminates the power and authority of the independent executor, but does not relieve the independent executor from liability for any mismanagement of the estate or from liability for any false statements contained in the report or notice.
(c)  When a closing report or notice of closing estate has been filed, persons dealing with properties of the estate, or with claims against the estate, shall deal directly with the distributees of the estate; and the acts of the distributees with respect to the properties or claims shall in all ways be valid and binding as regards the persons with whom they deal, notwithstanding any false statements made by the independent executor in the report or notice.
(d)  If the independent executor is required to give bond, the independent executor's filing of the closing report and proof of delivery, if required, automatically releases the sureties on the bond from all liability for the future acts of the principal.  The filing of a notice of closing estate does not release the sureties on the bond of an independent executor.
(e)  An independent executor's closing report or notice of closing estate shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent or trustee of any evidence of interest, indebtedness, property, or right that belongs to the estate, for payment or transfer without additional administration to the distributees described in the will as entitled to receive the particular asset or who as heirs at law are entitled to receive the asset.  The distributees described in the will as entitled to receive the particular asset or the heirs at law entitled to receive the asset may enforce their right to the payment or transfer by suit.
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 405 - Closing and Distributions › Section 405.008. Partition and Distribution or Sale of Property Incapable of Division

Sec. 405.008.  PARTITION AND DISTRIBUTION OR SALE OF PROPERTY INCAPABLE OF DIVISION.  If the will does not distribute the entire estate of the testator or provide a means for partition of the estate, or if no will was probated, the independent executor may, but may not be required to, petition the probate court for either a partition and distribution of the estate or an order of sale of any portion of the estate alleged by the independent executor and found by the court to be incapable of a fair and equal partition and distribution, or both.  The estate or portion of the estate shall either be partitioned and distributed or sold, or both, in the manner provided for the partition and distribution of property and the sale of property incapable of division in supervised estates.
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 405 - Closing and Distributions › Section 405.009. Closing Independent Administration on Application by Distributee

Sec. 405.009.  CLOSING INDEPENDENT ADMINISTRATION ON APPLICATION BY DISTRIBUTEE.  (a)  At any time after an estate has been fully administered and there is no further need for an independent administration of the estate, any distributee may file an application to close the administration; and, after citation on the independent executor, and on hearing, the court may enter an order:
(1)  requiring the independent executor to file a closing report meeting the requirements of Section 405.005;
(2)  closing the administration;
(3)  terminating the power of the independent executor to act as independent executor; and
(4)  releasing the sureties on any bond the independent executor was required to give from all liability for the future acts of the principal.
(b)  The order of the court closing the independent administration shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent or trustee of any evidence of interest, indebtedness, property, or right that belongs to the estate, for payment or transfer without additional administration to the distributees described in the will as entitled to receive the particular asset or who as heirs at law are entitled to receive the asset.  The distributees described in the will as entitled to receive the particular asset or the heirs at law entitled to receive the asset may enforce their right to the payment or transfer by suit.
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 405 - Closing and Distributions › Section 405.010. Issuance of Letters

Sec. 405.010.  ISSUANCE OF LETTERS.  At any time before the authority of an independent executor has been terminated in the manner set forth in this subtitle, the clerk shall issue such number of letters testamentary as the independent executor shall request.
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 405 - Closing and Distributions › Section 405.011. Rights and Remedies Cumulative

Sec. 405.011.  RIGHTS AND REMEDIES CUMULATIVE.  The rights and remedies conferred by this chapter are cumulative of other rights and remedies to which a person interested in the estate may be entitled under law.
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 405 - Closing and Distributions › Section 405.012. Closing Procedures Not Required

Sec. 405.012.  CLOSING PROCEDURES NOT REQUIRED.  An independent executor is not required to close the independent administration of an estate under Section 405.003 or Sections 405.004 through 405.007.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 451 - Order of No Administration › Section 451.001. Application for Family Allowance and Order of No Administration

Sec. 451.001.  APPLICATION FOR FAMILY ALLOWANCE AND ORDER OF NO ADMINISTRATION.  (a)  If the value of the entire assets of an estate, excluding homestead and exempt property, does not exceed the amount to which the surviving spouse, minor children, and adult incapacitated children of the decedent are entitled as a family allowance, an application may be filed by or on behalf of the surviving spouse, minor children, or adult incapacitated children requesting a court to make a family allowance and to enter an order that no administration of the decedent's estate is necessary.
(b)  The application may be filed:
(1)  in any court in which venue is proper for administration; or
(2)  if an application for the appointment of a personal representative has been filed but not yet granted, in the court in which the application is filed.
(c)  The application must:
(1)  state the names of the heirs or devisees;
(2)  list, to the extent known, estate creditors together with the amounts of the claims; and
(3)  describe all property belonging to the estate, together with:
(A)  the estimated value of the property according to the best knowledge and information of the applicant; and
(B)  the liens and encumbrances on the property.
(d)  The application must also include a prayer that the court make a family allowance and that, if the family allowance exhausts the entire assets of the estate, excluding homestead and exempt property, the entire assets of the estate be set aside to the surviving spouse, minor children, and adult incapacitated children, as with other family allowances provided for by Subchapter C, Chapter 353.
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. 810 (H.B. 2492), Sec. 2.15, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 451 - Order of No Administration › Section 451.002. Hearing and Order

Sec. 451.002.  HEARING AND ORDER.  (a)  On the filing of an application under Section 451.001, the court may hear the application:
(1)  promptly without notice; or
(2)  at a time and with notice as required by the court.
(b)  On the hearing of the application, if the court finds that the facts contained in the application are true and that the expenses of last illness, funeral charges, and expenses of the proceeding have been paid or secured, the court shall:
(1)  make a family allowance; and
(2)  if the entire assets of the estate, excluding homestead and exempt property, are exhausted by the family allowance made under Subdivision (1):
(A)  assign to the surviving spouse, minor children, and adult incapacitated children the entire estate in the same manner and with the same effect as provided in Subchapter C, Chapter 353, for the making of a family allowance to the surviving spouse, minor children, and adult incapacitated children; and
(B)  order that there shall be no administration of the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.16, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 451 - Order of No Administration › Section 451.003. Effect of Order

Sec. 451.003.  EFFECT OF ORDER.  (a)  An order of no administration issued under Section 451.002(b) constitutes sufficient legal authority to each person who owes money, has custody of property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right, belonging to the estate, and to each person purchasing from or otherwise dealing with the estate, for payment or transfer without administration to the persons described in the order as entitled to receive the estate.
(b)  The persons described in the order are entitled to enforce by suit their right to payment or transfer described by this section.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 451 - Order of No Administration › Section 451.004. Proceeding to Revoke Order

Sec. 451.004.  PROCEEDING TO REVOKE ORDER.  (a)  At any time, but not later than the first anniversary of the date of entry of an order of no administration under Section 451.002(b), any interested person may file an application to revoke the order.
(b)  An application to revoke the order must allege that:
(1)  other estate property has been discovered, property belonging to the estate was not included in the application for no administration, or the property described in the application for no administration was incorrectly valued; and
(2)  if that property were added, included, or correctly valued, as applicable, the total value of the property would exceed the amount necessary to justify the court in ordering no administration.
(c)  The court shall revoke the order on proof of any of the grounds described by Subsection (b).
(d)  If the value of any property is contested, the court may appoint two appraisers to appraise the property in accordance with the procedure prescribed for inventories and appraisements under Chapter 309.  The appraisement of the appointed appraisers shall be received in evidence but is not conclusive.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.001. Duty to Appoint Temporary Administrator

Sec. 452.001.  DUTY TO APPOINT TEMPORARY ADMINISTRATOR.  A judge who determines that the interest of a decedent's estate requires the immediate appointment of a personal representative shall, by written order, appoint a temporary administrator with powers limited as the circumstances of the case require.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.002. Application for Appointment

Sec. 452.002.  APPLICATION FOR APPOINTMENT.  (a)  A person may file with the court clerk a written application for the appointment of a temporary administrator of a decedent's estate under this subchapter.
(b)  The application must:
(1)  be verified;
(2)  include the information required by:
(A)  Sections 256.052, 256.053, and 256.054, if the decedent died testate; or
(B)  Section 301.052, if the decedent died intestate; and
(3)  include an affidavit that:
(A)  states the name, address, and interest of the applicant;
(B)  states the facts showing an immediate necessity for the appointment of a temporary administrator;
(C)  lists the requested powers and duties of the temporary administrator;
(D)  states that the applicant is entitled to letters of temporary administration and is not disqualified by law from serving as a temporary administrator; and
(E)  describes the property that the applicant believes to be 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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.003. Order of Appointment; Requirements

Sec. 452.003.  ORDER OF APPOINTMENT; REQUIREMENTS.  The order appointing a temporary administrator must:
(1)  designate the appointee as "temporary administrator" of the decedent's estate;
(2)  specify the period of the appointment, which may not exceed 180 days unless the appointment is made permanent under Section 452.008;
(3)  define the powers given to the appointee; and
(4)  set the amount of bond to be given by the appointee.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.004. Temporary Administrator's Bond

Sec. 452.004.  TEMPORARY ADMINISTRATOR'S BOND.  (a)  In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state.
(b)  Not later than the third business day after the date of the order appointing a temporary administrator, the appointee shall file with the county clerk a bond in the amount ordered by the court.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.005. Issuance of Letters of Temporary Administration

Sec. 452.005.  ISSUANCE OF LETTERS OF TEMPORARY ADMINISTRATION.  Not later than the third day after the date an appointee qualifies as temporary administrator, the county clerk shall issue to the appointee letters of temporary administration that list the powers to be exercised by the appointee as ordered by the court.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.006. Notice of Appointment

Sec. 452.006.  NOTICE OF APPOINTMENT.  (a)  On the date the county clerk issues letters of temporary administration:
(1)  the county clerk shall post on the courthouse door a notice of the appointment to all interested persons; and
(2)  the appointee shall notify, by a qualified delivery method, the decedent's known heirs of the appointment.
(b)  A notice required under Subsection (a) must state that:
(1)  an heir or other interested person may request a hearing to contest the appointment not later than the 15th day after the date the letters of temporary administration are issued;
(2)  if no contest is made during the period specified by the notice, the appointment continues for the period specified in the order appointing a temporary administrator; and
(3)  the court may make the appointment permanent.
(c)  The appointee shall file with the court proof of service of the notice required under Subsection (a) in the manner provided by Section 51.103(b)(3).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 11, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 11, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 38, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.007. Hearing to Contest Appointment

Sec. 452.007.  HEARING TO CONTEST APPOINTMENT.  (a)  A hearing shall be held and a determination made not later than the 10th day after the date an heir or other interested person requests a hearing to contest the appointment of a temporary administrator. If a request is not made on or before the 15th day after the date the letters of temporary administration are issued, the appointment of a temporary administrator continues for the period specified in the order, unless the appointment is made permanent under Section 452.008.
(b)  While a contest of the appointment of a temporary administrator is pending, the temporary appointee shall continue to act as administrator of the estate to the extent of the powers given by the appointment.
(c)  A court that sets aside a temporary administrator's appointment may require the temporary administrator to prepare and file, under oath, a complete exhibit of the condition of the estate and detail any disposition of the estate property made by the temporary administrator.
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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter A. Appointment of Temporary Administrator Generally › Section 452.008. Permanent Appointment

Sec. 452.008.  PERMANENT APPOINTMENT.  At the end of a temporary administrator's period of appointment, the court by written order may make the appointment permanent if the permanent appointment is in the interest of the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.