reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 501 - Ancillary Probate of Foreign Will › Section 501.006. Ancillary Letters Testamentary

Sec. 501.006.  ANCILLARY LETTERS TESTAMENTARY.  (a)  On application, an executor named in a foreign will admitted to ancillary probate in this state in accordance with this chapter is entitled to receive ancillary letters testamentary on proof made to the court that:
(1)  the executor has qualified to serve as executor in the jurisdiction in which the will was previously admitted to probate or otherwise established;
(2)  the executor is not disqualified from serving in that capacity in this state; and
(3)  if the will is admitted to ancillary probate in this state after the fourth anniversary of the testator's death, the executor continues to serve in that capacity in the jurisdiction in which the will was previously admitted to probate or otherwise established.
(b)  After the proof required by Subsection (a) is made, the court shall enter an order directing that ancillary letters testamentary be issued to the executor.  The court shall revoke any letters of administration previously issued by the court to any other person on application of the executor after personal service of citation on the person to whom the letters were issued.
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. 47, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 501 - Ancillary Probate of Foreign Will › Section 501.007. Effect on Property

Sec. 501.007.  EFFECT ON PROPERTY.  A foreign will admitted to ancillary probate in this state as provided by this chapter after having been admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death is effective to dispose of property in this state regardless of whether the will was executed with the formalities required by this title.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 501 - Ancillary Probate of Foreign Will › Section 501.008. Setting Aside of Certain Foreign Wills

Sec. 501.008.  SETTING ASIDE OF CERTAIN FOREIGN WILLS.  (a)  This section applies only to a foreign will admitted to ancillary probate in this state, in accordance with the procedures prescribed by this chapter, based on the previous probate or other establishment of the will in the jurisdiction in which the testator was domiciled at the time of the testator's death.
(b)  The admission to probate in this state of a foreign will to which this section applies shall be set aside if it is subsequently proven in a proceeding brought for that purpose that the foreign jurisdiction in which the will was admitted to probate or otherwise established was not in fact the domicile of the testator at the time of the testator's death.
(c)  The title or rights of a person who, before commencement of a proceeding to set aside the admission to probate of a foreign will under this section, purchases property in good faith and for value from the personal representative or a devisee or otherwise deals in good faith with the personal representative or a devisee are not affected by the subsequent setting aside of the admission to probate in this state.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 502 - Original Probate of Foreign Will › Section 502.001. Original Probate of Foreign Will Authorized

Sec. 502.001.  ORIGINAL PROBATE OF FOREIGN WILL AUTHORIZED.  (a)  This section applies only to a will of a testator who dies domiciled outside of this state that:
(1)  on probate, may operate on any property in this state; and
(2)  is valid under the laws of this state.
(b)  A court may grant original probate of a will described by Subsection (a) in the same manner as the court grants the probate of other wills under this title if the will:
(1)  has not been rejected from probate or establishment in the jurisdiction in which the testator died domiciled; or
(2)  has been rejected from probate or establishment in the jurisdiction in which the testator died domiciled solely for a cause that is not a ground for rejection of a will of a testator who died domiciled in this state.
(c)  A court may delay passing on an application for probate of a foreign will pending the result of probate or establishment, or of a contest of probate or establishment, in the jurisdiction in which the testator died domiciled.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 502 - Original Probate of Foreign Will › Section 502.002. Proof of Foreign Will in Original Probate Proceeding

Sec. 502.002.  PROOF OF FOREIGN WILL IN ORIGINAL PROBATE PROCEEDING.  (a)  A copy of the will of a testator who dies domiciled outside of this state, authenticated in the manner required by this title, is sufficient proof of the contents of the will to admit the will to probate in an original proceeding in this state if an objection to the will is not made.
(b)  This section does not:
(1)  authorize the probate of a will that would not otherwise be admissible to probate; or
(2)  if an objection is made to a will, relieve the proponent from offering proof of the contents and legal sufficiency of the will as otherwise required.
(c)  Subsection (b)(2) does not require the proponent to produce the original will unless 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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 503 - Recording of Foreign Testamentary Instrument › Subchapter A. Requirements for Recording Foreign Testamentary Instrument › Section 503.001. Authorization to Record Certain Foreign Testamentary Instruments in Deed Records

Sec. 503.001.  AUTHORIZATION TO RECORD CERTAIN FOREIGN TESTAMENTARY INSTRUMENTS IN DEED RECORDS.  (a)  A copy of a will or other testamentary instrument that conveys, or in any other manner disposes of, land in this state and that has been probated according to the laws of any state of the United States or a country other than the United States, along with a copy of the judgment, order, or decree by which the instrument was admitted to probate that has the attestation, seal, and certificate required by Section 501.002(c), may be filed and recorded in the deed records in any county in this state in which the land is located:
(1)  without further proof or authentication, subject to Section 503.003; and
(2)  in the same manner as a deed or conveyance is required to be recorded under the laws of this state.
(b)  A copy of a will or other testamentary instrument described by Subsection (a), along with a copy of the judgment, order, or decree by which the instrument was admitted to probate that has the attestation and certificate required by Section 501.002(c), is:
(1)  prima facie evidence that the instrument has been admitted to probate according to the laws of the state or country in which it was allegedly admitted to probate; and
(2)  sufficient to authorize the instrument and the judgment, order, or decree to be recorded in the deed records in the proper county or counties in this state.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 503 - Recording of Foreign Testamentary Instrument › Subchapter A. Requirements for Recording Foreign Testamentary Instrument › Section 503.002. Recording of Certain Foreign Testamentary Instruments in Language Other Than English

Sec. 503.002.  RECORDING OF CERTAIN FOREIGN TESTAMENTARY INSTRUMENTS IN LANGUAGE OTHER THAN ENGLISH.  (a)  An authenticated copy of a will or other testamentary instrument described by Section 503.001(a), along with a copy of the judgment, order, or decree by which the instrument was admitted to probate that has the attestation and certificate required by Section 501.002(c), that is written in whole or in part in a language other than English may be filed for recording in the deed records in any county in this state in which the land conveyed or disposed of in the instrument is located if:
(1)  a correct English translation is recorded with the authenticated copies of the will or other testamentary instrument and judgment, order, or decree by which the instrument was admitted to probate; and
(2)  the accuracy of the translation is sworn to before an officer authorized to administer oaths.
(b)  The recording of an authenticated copy of a will or other testamentary instrument and a copy of the judgment, order, or decree in the manner provided by Subsection (a) operates as constructive notice from the date of filing to all persons of the:
(1)  existence of the instrument; and
(2)  title or titles conferred by the instrument.
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. 12, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 12, eff. September 1, 2021.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 503 - Recording of Foreign Testamentary Instrument › Subchapter A. Requirements for Recording Foreign Testamentary Instrument › Section 503.003. Contest of Recorded Foreign Testamentary Instrument Permitted

Sec. 503.003.  CONTEST OF RECORDED FOREIGN TESTAMENTARY INSTRUMENT PERMITTED.  The validity of a will or other testamentary instrument, a copy of which is filed and recorded as provided by Section 503.001, may be contested in the manner and to the extent provided by Subchapter A, Chapter 504.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 503 - Recording of Foreign Testamentary Instrument › Subchapter B. Effects of Recorded Foreign › Section 503.051. Recorded Foreign Testamentary Instrument as Conveyance

Sec. 503.051.  RECORDED FOREIGN TESTAMENTARY INSTRUMENT AS CONVEYANCE.  A copy of a foreign will or other testamentary instrument described by Section 503.001 and the copy of the judgment, order, or decree by which the instrument was admitted to probate that are attested and proved as provided by that section and delivered to the county clerk of the proper county in this state to be recorded in the deed records:
(1)  take effect and are valid as a deed of conveyance of all property in this state covered by the instrument; and
(2)  have the same effect as a recorded deed or other conveyance of land beginning at the time the instrument is delivered to the clerk to be recorded.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 503 - Recording of Foreign Testamentary Instrument › Subchapter B. Effects of Recorded Foreign › Section 503.052. Recorded Foreign Testamentary Instrument as Notice of Title

Sec. 503.052.  RECORDED FOREIGN TESTAMENTARY INSTRUMENT AS NOTICE OF TITLE.  A copy of a foreign will or other testamentary instrument described by Section 503.001 and the copy of the judgment, order, or decree by which the instrument was admitted to probate that is attested and proved as provided by that section and filed for recording in the deed records of the proper county in this state constitute notice to all persons of the:
(1)  existence of the instrument; and
(2)  title or titles conferred by the instrument.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter A. Contest or Setting Aside Probate of Foreign Will in This State › Section 504.001. Grounds for Contesting Foreign Will Probated in Domiciliary Jurisdiction

Sec. 504.001.  GROUNDS FOR CONTESTING FOREIGN WILL PROBATED IN DOMICILIARY JURISDICTION.  (a)  Subject to Subsection (b), an interested person may contest a foreign will that has been:
(1)  admitted to probate or established in the jurisdiction in which the testator was domiciled at the time of the testator's death; and
(2)  admitted to probate in this state or filed in the deed records of any county of this state.
(b)  A will described by Subsection (a) may be contested only on the grounds that:
(1)  the proceedings in the jurisdiction in which the testator was domiciled at the time of the testator's death were not authenticated in the manner required for ancillary probate or recording in the deed records in this state;
(2)  the will has been finally rejected for probate in this state in another proceeding; or
(3)  the probate of the will has been set aside in the jurisdiction in which the testator was domiciled at the time of the testator's death.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter A. Contest or Setting Aside Probate of Foreign Will in This State › Section 504.002. Grounds for Contesting Foreign Will Probated in Non-Domiciliary Jurisdiction

Sec. 504.002.  GROUNDS FOR CONTESTING FOREIGN WILL PROBATED IN NON-DOMICILIARY JURISDICTION.  A foreign will admitted to probate or established in any jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death may be contested on any grounds that are the basis for the contest of a domestic will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter A. Contest or Setting Aside Probate of Foreign Will in This State › Section 504.003. Procedures and Time Limits for Contesting Foreign Will

Sec. 504.003.  PROCEDURES AND TIME LIMITS FOR CONTESTING FOREIGN WILL.  (a)  The probate in this state of a foreign will probated or established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death may be contested in the manner that would apply if the testator had been domiciled in this state at the time of the testator's death.
(b)  A foreign will admitted to ancillary probate in this state or filed in the deed records of any county of this state may be contested using the same procedures and within the same time limits applicable to the contest of a will admitted to original probate in this state.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter A. Contest or Setting Aside Probate of Foreign Will in This State › Section 504.004. Probate of Foreign Will Set Aside for Lack of Service

Sec. 504.004.  PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE.  (a)  The probate in this state of a foreign will shall be set aside if:
(1)  the will was probated in this state:
(A)  in accordance with the procedure applicable to the probate of a will admitted to probate in the jurisdiction in which the testator was domiciled at the time of the testator's death; and
(B)  without the service of citation required for a will admitted to probate in another jurisdiction that was not the testator's domicile at the time of the testator's death; and
(2)  it is proved that the foreign jurisdiction in which the will was probated was not the testator's domicile at the time of the testator's death.
(b)  If otherwise entitled, a will the probate of which is set aside in accordance with Subsection (a) may be:
(1)  reprobated in accordance with the procedure prescribed for the probate of a will admitted in a jurisdiction that was not the testator's domicile at the time of the testator's death; or
(2)  admitted to original probate in this state in the proceeding in which the ancillary probate was set aside or in a subsequent proceeding.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter B. Contest or Final Rejection in Foreign Jurisdiction › Section 504.051. Notice of Will Contest in Foreign Jurisdiction

Sec. 504.051.  NOTICE OF WILL CONTEST IN FOREIGN JURISDICTION.  Verified notice that a proceeding to contest a will probated or established in a foreign jurisdiction has been commenced in that jurisdiction may be filed and recorded in the judge's probate docket of the court in this state in which the foreign will was probated, or in the deed records of any county of this state in which the foreign will was recorded, within the time limits for the contest of a foreign will in this state.
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. 8.020, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter B. Contest or Final Rejection in Foreign Jurisdiction › Section 504.052. Effect of Notice

Sec. 504.052.  EFFECT OF NOTICE.  After a notice is filed and recorded under Section 504.051, the probate or recording in this state of the foreign will that is the subject of the notice has no effect until verified proof is filed and recorded that the foreign proceedings:
(1)  have been terminated in favor of the will; or
(2)  were never commenced.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 504 - Contest of or Other Challenge to Foreign Testamentary Instrument › Subchapter B. Contest or Final Rejection in Foreign Jurisdiction › Section 504.053. Effect of Rejection of Testamentary Instrument by Foreign Jurisdiction

Sec. 504.053.  EFFECT OF REJECTION OF TESTAMENTARY INSTRUMENT BY FOREIGN JURISDICTION.  (a)  Except as provided by Subsection (b), final rejection of a will or other testamentary instrument from probate or establishment in a foreign jurisdiction in which the testator was domiciled at the time of the testator's death is conclusive in this state.
(b)  A will or other testamentary instrument that is finally rejected from probate or establishment in a foreign jurisdiction in which the testator was domiciled at the time of the testator's death may be admitted to probate or continue to be effective in this state if the will or other instrument was rejected solely for a cause that is not a ground for rejection of a will of a testator who died domiciled in this state.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter A. Foreign Corporate Fiduciary › Section 505.001. Definition

Sec. 505.001.  DEFINITION.  In this subchapter, "foreign corporate fiduciary" means a corporate fiduciary that does not have its main office or a branch office in this state.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter A. Foreign Corporate Fiduciary › Section 505.002. Applicability of Other Law

Sec. 505.002.  APPLICABILITY OF OTHER LAW.  (a)  A foreign corporate fiduciary acting in a fiduciary capacity in this state in strict accordance with this subchapter:
(1)  is not transacting business in this state within the meaning of Section 9.001, Business Organizations Code; and
(2)  is qualified to serve in that capacity under Section 501.006.
(b)  This subchapter is in addition to, and not a limitation on, Subtitles F and G, Title 3, Finance Code.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter A. Foreign Corporate Fiduciary › Section 505.003. Authority of Foreign Corporate Fiduciary to Serve in Fiduciary Capacity

Sec. 505.003.  AUTHORITY OF FOREIGN CORPORATE FIDUCIARY TO SERVE IN FIDUCIARY CAPACITY.  (a)  Subject to Subsections (b) and (c) and Section 505.004, a foreign corporate fiduciary may be appointed by will, deed, agreement, declaration, indenture, court order or decree, or otherwise and may serve in this state in any fiduciary capacity, including as:
(1)  trustee of a personal or corporate trust;
(2)  executor;
(3)  administrator; or
(4)  guardian of the estate.
(b)  A foreign corporate fiduciary appointed to serve in a fiduciary capacity in this state must have the corporate power to act in that capacity.
(c)  This section applies only to the extent that the home state of the foreign corporate fiduciary appointed to serve in a fiduciary capacity in this state grants to a corporate fiduciary whose home state is this state the authority to serve in like fiduciary capacity.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter A. Foreign Corporate Fiduciary › Section 505.004. Filing Requirements; Designation

Sec. 505.004.  FILING REQUIREMENTS; DESIGNATION.  (a)  A foreign corporate fiduciary must file the following documents with the secretary of state before qualifying or serving in this state in a fiduciary capacity as authorized by Section 505.003:
(1)  a copy of the fiduciary's charter, articles of incorporation or of association, and all amendments to those documents, certified by the fiduciary's secretary under the fiduciary's corporate seal;
(2)  a properly executed written instrument that by the instrument's terms is of indefinite duration and irrevocable, appointing the secretary of state and the secretary of state's successors as the fiduciary's agent for service of process on whom notices and processes issued by a court of this state may be served in an action or proceeding relating to a trust, estate, fund, or other matter within this state with respect to which the fiduciary is acting in a fiduciary capacity, including the acts or defaults of the fiduciary with respect to that trust, estate, or fund; and
(3)  a written certificate of designation specifying the name and address of the officer, agent, or other person to whom the secretary of state shall forward notices and processes described by Subdivision (2).
(b)  A foreign corporate fiduciary may change the certificate of designation under Subsection (a)(3) by filing a new certificate.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter A. Foreign Corporate Fiduciary › Section 505.005. Service of Notice or Process on Secretary of State

Sec. 505.005.  SERVICE OF NOTICE OR PROCESS ON SECRETARY OF STATE.  (a)  On receipt of a notice or process described by Section 505.004(a)(2), the secretary of state shall promptly forward the notice or process by a qualified delivery method to the officer, agent, or other person designated by the foreign corporate fiduciary under Section 505.004 to receive the notice or process.
(b)  Service of notice or process described by Section 505.004(a)(2) on the secretary of state as agent for a foreign corporate fiduciary has the same effect as if personal service had been had in this state on the foreign corporate fiduciary.
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. 45, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter A. Foreign Corporate Fiduciary › Section 505.006. Criminal Penalty; Effect of Conviction

Sec. 505.006.  CRIMINAL PENALTY; EFFECT OF CONVICTION.  (a)  A foreign corporate fiduciary commits an offense if the fiduciary violates this subchapter.
(b)  An offense under this section is a misdemeanor punishable by a fine not to exceed $5,000.
(c)  On conviction, the court may prohibit a foreign corporate fiduciary convicted of an offense under this section from thereafter serving in any fiduciary capacity in this state.
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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter B. Foreign Executors and Trustees › Section 505.051. Applicability of Bond Requirement

Sec. 505.051.  APPLICABILITY OF BOND REQUIREMENT.  (a)  A foreign executor is not required to give bond if the will appointing the foreign executor provides that the executor may serve without bond.
(b)  The bond provisions of this title applicable to domestic representatives apply to a foreign executor if the will appointing the foreign executor does not exempt the foreign executor from giving 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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter B. Foreign Executors and Trustees › Section 505.052. Power to Sell Property

Sec. 505.052.  POWER TO SELL PROPERTY.  (a)  If a foreign will has been recorded in the deed records of a county in this state in the manner provided by this subtitle and the will gives an executor or trustee the power to sell property located in this state:
(1)  an order of a court of this state is not necessary to authorize the executor or trustee to make the sale and execute proper conveyance; and
(2)  any specific directions the testator gave in the foreign will respecting the sale of the estate property must be followed unless the directions have been annulled or suspended by an order of a court of competent jurisdiction.
(b)  Notwithstanding Section 501.002(c), the original signatures required by that section may not be required for purposes of 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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter C. Recovery of Debts by Foreign Executor or Administrator › Section 505.101. Suit to Recover Debt

Sec. 505.101.  SUIT TO RECOVER DEBT.  (a)  On giving notice by a qualified delivery method to all creditors of a decedent in this state who have filed a claim against the decedent's estate for a debt due to the creditor, a foreign executor or administrator of a person who was a nonresident at the time of death may maintain a suit in this state for the recovery of debts due to the decedent.
(b)  The plaintiff's letters testamentary or of administration granted by a competent tribunal, properly authenticated, must be filed with the suit.
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. 46, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter C. Recovery of Debts by Foreign Executor or Administrator › Section 505.102. Jurisdiction

Sec. 505.102.  JURISDICTION.  (a)  A foreign executor or administrator who files a suit authorized by Section 505.101 submits personally to the jurisdiction of the courts of this state in a proceeding relating to the recovery of a debt owed to a resident of this state by the decedent whose estate the executor or administrator represents.
(b)  Jurisdiction under this section is limited to the amount of money or value of personal property recovered in this state by the foreign executor or 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 K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 505 - Foreign Personal Representatives, Trustees, and Fiduciaries › Subchapter C. Recovery of Debts by Foreign Executor or Administrator › Section 505.103. Restriction on Suit Brought by Foreign Executor or Administrator

Sec. 505.103.  RESTRICTION ON SUIT BROUGHT BY FOREIGN EXECUTOR OR ADMINISTRATOR.  A suit may not be maintained in this state by a foreign executor or administrator for a decedent's estate under this subchapter if there is:
(1)  an executor or administrator of the decedent's estate qualified by a court of this state; or
(2)  a pending application in this state for the appointment of an executor or administrator of 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 L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter A. Payment of Certain Funds to State › Section 551.001. Payment of Certain Shares of Estate to State

Sec. 551.001.  PAYMENT OF CERTAIN SHARES OF ESTATE TO STATE.  (a)  The court, by written order, shall require the executor or administrator of an estate to pay to the comptroller as provided by this subchapter the share of that estate of a person entitled to that share who does not demand the share, including any portion deposited in an account in the court's registry under Section 362.011(c), from the executor or administrator within six months after the date of, as applicable:
(1)  a court order approving the report of the commissioners of partition made under Section 360.154; or
(2)  the settlement of the final account of the executor or administrator.
(b)  This section does not apply to the share of an estate to which a resident minor without a guardian is entitled.
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. 59, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter A. Payment of Certain Funds to State › Section 551.002. Payment of Portion That Is in Money

Sec. 551.002.  PAYMENT OF PORTION THAT IS IN MONEY.  The executor or administrator shall pay the portion of the share subject to Section 551.001 that is in money to the comptroller.
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 L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter A. Payment of Certain Funds to State › Section 551.003. Payment of Portion That Is Not in Money

Sec. 551.003.  PAYMENT OF PORTION THAT IS NOT IN MONEY.  (a)  The court's order under Section 551.001 must require the executor or administrator to:
(1)  sell, on terms determined best by the court, the portion of a share subject to that section that is in property other than money; and
(2)  on collection of the proceeds of the sale, pay the proceeds to the comptroller.
(b)  Recovery of the proceeds of a sale under this section is governed by Subchapter B.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 267 (S.B. 1420), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter A. Payment of Certain Funds to State › Section 551.004. Compensation to Executor or Administrator

Sec. 551.004.  COMPENSATION TO EXECUTOR OR ADMINISTRATOR.  The executor or administrator is entitled to reasonable compensation for services performed under Section 551.003.
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 L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter A. Payment of Certain Funds to State › Section 551.005. Comptroller Indispensable Party

Sec. 551.005.  COMPTROLLER INDISPENSABLE PARTY.  (a)  The comptroller is an indispensable party to a judicial or administrative proceeding concerning the disposition and handling of any share of an estate that is or may be payable to the comptroller under Section 551.001.
(b)  The clerk of a court that orders an executor or administrator to pay funds to the comptroller under Section 551.001 shall provide to the comptroller, by a qualified delivery method or e-mail, a certified copy of the court order not later than the fifth day after the date the order is issued.
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. 52 (H.B. 1514), Sec. 1, eff. May 18, 2021.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 47, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter A. Payment of Certain Funds to State › Section 551.006. Comptroller's Receipt

Sec. 551.006.  COMPTROLLER'S RECEIPT.  (a)  An executor or administrator who pays to the comptroller under this subchapter any funds of the estate represented by the executor or administrator shall:
(1)  obtain from the comptroller a receipt for the payment, with official seal attached; and
(2)  file the receipt with the clerk of the court that orders the payment.
(b)  The court clerk shall record the comptroller's receipt in the judge's probate docket.
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. 8.021, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter B. Recovery of Funds Paid to State › Section 551.051. Recovery of Funds

Sec. 551.051.  RECOVERY OF FUNDS.  If funds of an estate have been paid to the comptroller under this chapter, an heir or devisee or an assignee of an heir or devisee may recover the share of the funds to which the heir, devisee, or assignee is entitled by filing a claim with the comptroller in the manner provided by Chapter 74, Property Code, for property delivered to the comptroller under that chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 267 (S.B. 1420), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter C. Penalties; Enforcement › Section 551.101. Liability of Court Clerk; Penalty

Sec. 551.101.  LIABILITY OF COURT CLERK; PENALTY.  (a)  A court clerk who fails to timely comply with Section 551.005(b) is liable for a $100 penalty.
(b)  The penalty under Subsection (a) shall be recovered through an action brought in the name of this state, after personal service of citation, on the information of any resident.  Half of the penalty shall be paid to the informer and the other half to this state.
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 L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter C. Penalties; Enforcement › Section 551.102. Damages for Failure to Make Payments

Sec. 551.102.  DAMAGES FOR FAILURE TO MAKE PAYMENTS.  (a)  An executor or administrator who fails to pay funds of an estate to the comptroller as required by an order under Section 551.001 on or before the 30th day after the date of the order is liable, after personal service of citation charging that failure and after proof of the failure, for damages.  The damages:
(1)  accrue at the rate of five percent of the amount of the funds per month for each month or fraction of a month after the 30th day after the date of the order that the executor or administrator fails to make the payment; and
(2)  must be paid to the comptroller out of the executor's or administrator's own estate.
(b)  Damages under this section may be recovered in any court of competent jurisdiction.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle L - Payment of Estates Into Treasury › Chapter 551 - Payment of Certain Estates to State › Subchapter C. Penalties; Enforcement › Section 551.103. Enforcement of Payment and Damages; Recovery on Bond

Sec. 551.103.  ENFORCEMENT OF PAYMENT AND DAMAGES; RECOVERY ON BOND.  (a)  The comptroller may apply in the name of this state to the court that issued an order for the payment of funds of an estate under this chapter to enforce the payment of:
(1)  funds the executor or administrator has failed to pay to the comptroller under the order; and
(2)  any damages that have accrued under Section 551.102.
(b)  The court shall enforce the payment under Subsection (a) in the manner prescribed for enforcement of other payment orders.
(c)  In addition to the action under Subsection (a), the comptroller may bring an action in the name of this state against the executor or administrator and the sureties on the executor's or administrator's bond for the recovery of the funds ordered to be paid and any accrued damages.
(d)  The county attorney or criminal district attorney for the county, the district attorney for the district, or the attorney general, at the election of the comptroller and with the approval of the attorney general, shall represent the comptroller in all proceedings under this section, and shall also represent the interests of this state in all other matters arising under this code.
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 P - Durable Powers of Attorney › Chapter 751 - General Provisions Regarding Durable Powers of Attorney › Subchapter A. General Provisions › Section 751.001. Short Title

Sec. 751.001.  SHORT TITLE.  This subtitle may be cited as the Durable Power of Attorney Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle P - Durable Powers of Attorney › Chapter 751 - General Provisions Regarding Durable Powers of Attorney › Subchapter A. General Provisions › Section 751.0015. Applicability of Subtitle

Sec. 751.0015.  APPLICABILITY OF SUBTITLE.  This subtitle applies to all durable powers of attorney except:
(1)  a power of attorney to the extent it is coupled with an interest in the subject of the power, including a power of attorney given to or for the benefit of a creditor in connection with a credit transaction;
(2)  a medical power of attorney, as defined by Section 166.002, Health and Safety Code;
(3)  a proxy or other delegation to exercise voting rights or management rights with respect to an entity; or
(4)  a power of attorney created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle P - Durable Powers of Attorney › Chapter 751 - General Provisions Regarding Durable Powers of Attorney › Subchapter A. General Provisions › Section 751.002. Definitions

Sec. 751.002.  DEFINITIONS.  In this subtitle:
(1)  "Actual knowledge" means the knowledge of a person without that person making any due inquiry, and without any imputed knowledge, except as expressly set forth in Section 751.211(c).
(2)  "Affiliate" means a business entity that directly or indirectly controls, is controlled by, or is under common control with another business entity.
(3)  "Agent" includes:
(A)  an attorney in fact; and
(B)  a co-agent, successor agent, or successor co-agent.
(4)  "Durable power of attorney" means a writing or other record that complies with the requirements of Section 751.0021(a) or is described by Section 751.0021(b).
(5)  "Principal" means an adult individual who signs or directs the signing of the individual's name on a power of attorney that designates an agent to act on the individual's behalf.
(6)  "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.01, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle P - Durable Powers of Attorney › Chapter 751 - General Provisions Regarding Durable Powers of Attorney › Subchapter A. General Provisions › Section 751.00201. Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney

Sec. 751.00201.  MEANING OF DISABLED OR INCAPACITATED FOR PURPOSES OF DURABLE POWER OF ATTORNEY.  Unless otherwise defined by a durable power of attorney, an individual is considered disabled or incapacitated for purposes of the durable power of attorney if a physician certifies in writing at a date later than the date the durable power of attorney is executed that, based on the physician's medical examination of the individual, the individual is determined to be mentally incapable of managing the individual's financial affairs.
Added by Acts 2017, 85th Leg., R.S., Ch. 834 (H.B. 1974), Sec. 2, eff. September 1, 2017.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 210 (S.B. 1650), Sec. 2, eff. September 1, 2023.