reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 352 - Compensation and Expenses of Personal Representatives and Others › Subchapter A. Compensation of Personal Representatives › Section 352.003. Alternate Compensation

Sec. 352.003.  ALTERNATE COMPENSATION.  (a)  The court may allow an executor, administrator, or temporary administrator reasonable compensation for the executor's or administrator's services, including unusual efforts to collect funds or life insurance, if:
(1)  the executor or administrator manages a farm, ranch, factory, or other business of the estate; or
(2)  the compensation calculated under Section 352.002 is unreasonably low.
(b)  The county court has jurisdiction to receive, consider, and act on applications from independent executors 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 H - Continuation of Administration › Chapter 352 - Compensation and Expenses of Personal Representatives and Others › Subchapter A. Compensation of Personal Representatives › Section 352.004. Denial of Compensation

Sec. 352.004.  DENIAL OF COMPENSATION.  The court may, on application of an interested person or on the court's own motion, wholly or partly deny a commission allowed by this subchapter if:
(1)  the court finds that the executor or administrator has not taken care of and managed estate property prudently; or
(2)  the executor or administrator has been removed under Section 404.003 or Subchapter B, Chapter 361.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.45, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.013, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 352 - Compensation and Expenses of Personal Representatives and Others › Subchapter B. Expenses of Personal Representatives and Others › Section 352.051. Expenses; Attorney's Fees

Sec. 352.051.  EXPENSES; ATTORNEY'S FEES.  On proof satisfactory to the court, a personal representative of an estate is entitled to:
(1)  necessary and reasonable expenses incurred by the representative in:
(A)  preserving, safekeeping, and managing the estate;
(B)  collecting or attempting to collect claims or debts; and
(C)  recovering or attempting to recover property to which the estate has a title or claim; and
(2)  reasonable attorney's fees necessarily incurred in connection with the proceedings and management of the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 352 - Compensation and Expenses of Personal Representatives and Others › Subchapter B. Expenses of Personal Representatives and Others › Section 352.052. Allowance for Defense or Successful Contest of Will

Sec. 352.052.  ALLOWANCE FOR DEFENSE OR SUCCESSFUL CONTEST OF WILL.  (a)  A person designated as executor in a will or an alleged will, or as administrator with the will or alleged will annexed, who, for the purpose of having the will or alleged will admitted to probate, defends the will or alleged will or prosecutes any proceeding in good faith and with just cause, whether or not successful, shall be allowed out of the estate the executor's or administrator's necessary expenses and disbursements in those proceedings, including reasonable attorney's fees.
(b)  A person designated as a devisee in or beneficiary of a will or an alleged will who, for the purpose of having the will or alleged will admitted to probate, defends the will or alleged will or prosecutes any proceeding in good faith and with just cause, whether or not successful, may be allowed out of the estate the person's necessary expenses and disbursements in those proceedings, including reasonable attorney's fees.
(c)  In this subsection, "interested person" does not include a creditor or any other having a claim against the estate. An interested person who, in good faith and with just cause, successfully prosecutes a proceeding to contest the validity of a will or alleged will offered for or admitted to probate may be allowed out of the estate the person's necessary expenses and disbursements in that proceeding, including reasonable attorney's fees.
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. 34, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 24, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 25, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 352 - Compensation and Expenses of Personal Representatives and Others › Subchapter B. Expenses of Personal Representatives and Others › Section 352.053. Expense Charges

Sec. 352.053.  EXPENSE CHARGES.  (a)  The court shall act on  expense charges in the same manner as other claims against the estate.
(b)  All expense charges shall be:
(1)  made in writing, showing specifically each item of expense and the date of the expense;
(2)  verified by the personal representative's affidavit;
(3)  filed with the clerk; and
(4)  entered on the claim docket.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter A. General Provisions › Section 353.001. Treatment of Certain Children

Sec. 353.001.  TREATMENT OF CERTAIN CHILDREN.  For purposes of distributing exempt property and making a family allowance, a child is a child of his or her mother and a child of his or her father, as provided by Sections 201.051, 201.052, and 201.053.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property › Section 353.051. Exempt Property to Be Set Aside

Sec. 353.051.  EXEMPT PROPERTY TO BE SET ASIDE.  (a)  Unless an application and verified affidavit are filed as provided by Subsection (b), immediately after the inventory, appraisement, and list of claims of an estate are approved or after the affidavit in lieu of the inventory, appraisement, and list of claims is filed, the court by order shall set aside:
(1)  the homestead for the use and benefit of the decedent's surviving spouse and minor children; and
(2)  all other exempt property described by Section 42.002(a), Property Code, for the use and benefit of the decedent's:
(A)  surviving spouse and minor children;
(B)  unmarried adult children remaining with the decedent's family; and
(C)  each other adult child who is incapacitated.
(b)  Before the inventory, appraisement, and list of claims of an estate are approved or, if applicable, before the affidavit in lieu of the inventory, appraisement, and list of claims is filed:
(1)  the decedent's surviving spouse or any other person authorized to act on behalf of the decedent's minor children may apply to the court to have exempt property described by Subsection (a), including the homestead, set aside by filing an application and a verified affidavit listing all exempt property that the applicant claims is exempt property described by Subsection (a); and
(2)  any of the decedent's unmarried adult children remaining with the decedent's family, any other adult child of the decedent who is incapacitated, or a person who is authorized to act on behalf of the adult incapacitated child may apply to the court to have all exempt property described by Subsection (a), other than the homestead, set aside by filing an application and a verified affidavit listing all the exempt property, other than the homestead, that the applicant claims is exempt property described by Subsection (a).
(c)  At a hearing on an application filed under Subsection (b), the applicant has the burden of proof by a preponderance of the evidence.  The court shall set aside property of the decedent's estate that the court finds is exempt.
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. 2.01, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.46, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 35, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property › Section 353.052. Delivery of Exempt Property

Sec. 353.052.  DELIVERY OF EXEMPT PROPERTY.  (a)  This section only applies to exempt property described by Section 353.051(a).
(a-1)  The executor or administrator of an estate shall deliver, without delay, exempt property that has been set aside for the decedent's surviving spouse and children in accordance with this section.
(b)  If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall deliver all exempt property to the surviving spouse.
(c)  If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall deliver the share of those children in exempt property, other than the homestead, to:
(1)  the children, if the children are of legal age;
(2)  the children's guardian, if the children are minors; or
(3)  the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
(d)  If there is no surviving spouse and there are children of the decedent, the executor or administrator shall deliver exempt property, other than the homestead, to:
(1)  the children, if the children are of legal age;
(2)  the children's guardian, if the children are minors; or
(3)  the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
(e)  In all cases, the executor or administrator shall deliver the homestead to:
(1)  the decedent's surviving spouse, if there is a surviving spouse; or
(2)  the guardian of the decedent's minor children, if there is not a surviving spouse.
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. 2.02, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 36, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property › Section 353.053. Allowance in Lieu of Exempt Property

Sec. 353.053.  ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  If all or any of the specific articles of exempt property described by Section 353.051(a) are not among the decedent's effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent's surviving spouse and children as provided by Section 353.054.
(b)  The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C.
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. 2.03, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 647 (H.B. 789), Sec. 2.01, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 37, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property › Section 353.054. Payment of Allowance in Lieu of Exempt Property

Sec. 353.054.  PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  The executor or administrator of an estate shall pay an allowance in lieu of exempt property in accordance with this section.
(b)  If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall pay the entire allowance to the surviving spouse.
(c)  If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall pay the surviving spouse one-half of the entire allowance plus the shares of the decedent's children of whom the surviving spouse is the parent.  The remaining shares must be paid to:
(1)  the decedent's adult children of whom the surviving spouse is not a parent and who are not incapacitated;
(2)  the guardian of the children of whom the surviving spouse is not a parent and who are minors; or
(3)  the guardian or another appropriate person, as determined by the court, if there is no guardian, of each child who is an incapacitated adult.
(d)  If there is no surviving spouse and there are children of the decedent, the executor or administrator shall divide the entire allowance equally among the children and pay the children's shares to:
(1)  each of those children who are adults and who are not incapacitated;
(2)  the guardian of each of those children who are minors; or
(3)  the guardian or another appropriate person, as determined by the court, if there is no guardian, of each of those children who is an incapacitated adult.
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. 2.04, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property › Section 353.055. Method of Paying Allowance in Lieu of Exempt Property

Sec. 353.055.  METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  An allowance in lieu of any exempt property shall be paid in the manner selected by the decedent's surviving spouse or children of legal age, or by the guardian of the decedent's minor children, or by the guardian of each adult incapacitated child or other appropriate person, as determined by the court, if there is no guardian, as follows:
(1)  in money out of estate funds that come into the executor's or administrator's possession;
(2)  in any of the decedent's property or a part of the property chosen by those individuals at the appraisement; or
(3)  part in money described by Subdivision (1) and part in property described by Subdivision (2).
(b)  Property specifically devised to another may be taken as provided by Subsection (a) only if other available property is insufficient to pay the allowance.
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. 2.05, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property › Section 353.056. Sale of Property to Raise Funds for Allowance in Lieu of Exempt Property

Sec. 353.056.  SALE OF PROPERTY TO RAISE FUNDS FOR ALLOWANCE IN LIEU OF EXEMPT PROPERTY.  (a)  On the written application of the decedent's surviving spouse and children, or of a person authorized to represent any of those children, the court shall order the sale of estate property for cash in an amount that will be sufficient to raise the amount of the allowance provided under Section 353.053 or a portion of that amount, as necessary, if:
(1)  the decedent had no property that the surviving spouse or children are willing to take for the allowance or the decedent had insufficient property; and
(2)  there are not sufficient estate funds in the executor's or administrator's possession to pay the amount of the allowance or a portion of that amount, as applicable.
(b)  Property specifically devised to another may be sold to raise cash as provided by Subsection (a) only if other available property is insufficient to pay the allowance.
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. 2.06, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.101. Family Allowance

Sec. 353.101.  FAMILY ALLOWANCE.  (a)  Unless an application and verified affidavit are filed as provided by Subsection (b), immediately after the inventory, appraisement, and list of claims of an estate are approved or after the affidavit in lieu of the inventory, appraisement, and list of claims is filed, the court shall fix a family allowance for the support of the decedent's surviving spouse, minor children, and adult incapacitated children.
(b)  Before the inventory, appraisement, and list of claims of an estate are approved or, if applicable, before the affidavit in lieu of the inventory, appraisement, and list of claims is filed, the decedent's surviving spouse or any other person authorized to act on behalf of the decedent's minor children or adult incapacitated children may apply to the court to have the court fix the family allowance by filing an application and a verified affidavit describing:
(1)  the amount necessary for the maintenance of the surviving spouse, the decedent's minor children, and the decedent's adult incapacitated children for one year after the date of the decedent's death; and
(2)  the surviving spouse's separate property and any property that the decedent's minor children or adult incapacitated children have in their own right.
(c)  At a hearing on an application filed under Subsection (b), the applicant has the burden of proof by a preponderance of the evidence.  The court shall fix a family allowance for the support of the decedent's surviving spouse, minor children, and adult incapacitated children.
(d)  A family allowance may not be made for:
(1)  the decedent's surviving spouse, if the surviving spouse has separate property adequate for the surviving spouse's maintenance;
(2)  the decedent's minor children, if the minor children have property in their own right adequate for the children's maintenance; or
(3)  any of the decedent's adult incapacitated children, if:
(A)  the adult incapacitated child has property in the person's own right adequate for the person's maintenance; or
(B)  at the time of the decedent's death, the decedent was not supporting the adult incapacitated child.
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. 2.07, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.47, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 44, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.102. Amount and Method of Payment of Family Allowance

Sec. 353.102.  AMOUNT AND METHOD OF PAYMENT OF FAMILY ALLOWANCE.  (a)  The amount of the family allowance must be sufficient for the maintenance of the decedent's surviving spouse, minor children, and adult incapacitated children for one year from the date of the decedent's death.
(b)  The allowance must be fixed with regard to the facts or circumstances then existing and the facts and circumstances anticipated to exist during the first year after the decedent's death.
(c)  The allowance may be paid in a lump sum or in installments, as ordered by the court.
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. 2.08, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.103. Order Fixing Family Allowance

Sec. 353.103.  ORDER FIXING FAMILY ALLOWANCE.  When a family allowance has been fixed, the court shall enter an order that:
(1)  states the amount of the allowance;
(2)  provides how the allowance shall be payable; and
(3)  directs the executor or administrator to pay the allowance in accordance with law.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.104. Preference of Family Allowance

Sec. 353.104.  PREFERENCE OF FAMILY ALLOWANCE.  The family allowance made for the support of the decedent's surviving spouse, minor children, and adult incapacitated children shall be paid in preference to all other debts of or charges against the estate, other than Class 1 claims.
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. 2.09, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.105. Payment of Family Allowance

Sec. 353.105.  PAYMENT OF FAMILY ALLOWANCE.  (a)  The executor or administrator of an estate shall apportion and pay the family allowance in accordance with this section.
(b)  If there is a surviving spouse and there are no minor children or adult incapacitated children of the decedent, the executor or administrator shall pay the entire family allowance to the surviving spouse.
(c)  If there is a surviving spouse and all of the minor children and adult incapacitated children of the decedent are also the children of the surviving spouse, the executor or administrator shall pay the entire family allowance to the surviving spouse for use by the surviving spouse, the decedent's minor children, and adult incapacitated children.
(d)  If there is a surviving spouse and some or all of the minor children or adult incapacitated children of the decedent are not also children of the surviving spouse, the executor or administrator shall pay:
(1)  the portion of the entire family allowance necessary for the support of those minor children to the guardian of those children; and
(2)  the portion of the entire family allowance necessary for the support of each of those adult incapacitated children to the guardian of the adult incapacitated child or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
(e)  If there is no surviving spouse and there are minor children or adult incapacitated children of the decedent, the executor or administrator shall pay the family allowance:
(1)  for the minor children, to the guardian of those children; and
(2)  for each adult incapacitated child, to the guardian of the adult incapacitated child or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
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. 2.10, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.106. Surviving Spouse, Minor Children, or Adult Incapacitated Children May Take Personal Property for Family Allowance

Sec. 353.106.  SURVIVING SPOUSE, MINOR CHILDREN, OR ADULT INCAPACITATED CHILDREN MAY TAKE PERSONAL PROPERTY FOR FAMILY ALLOWANCE.  (a)  A decedent's surviving spouse, the guardian of the decedent's minor children, or the guardian of an adult incapacitated child of the decedent or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian, as applicable, is entitled to take, at the property's appraised value as shown by the appraisement, any of the estate's personal property in full or partial payment of the family allowance.
(b)  Property specifically devised to another may be taken as provided by Subsection (a) only if other available property is insufficient to pay the allowance.
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. 2.11, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.12, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter C. Family Allowance › Section 353.107. Sale of Estate Property to Raise Funds for Family Allowance

Sec. 353.107.  SALE OF ESTATE PROPERTY TO RAISE FUNDS FOR FAMILY ALLOWANCE.  (a)  The court shall, as soon as the inventory, appraisement, and list of claims are returned and approved or the affidavit in lieu of the inventory, appraisement, and list of claims is filed, order the sale of estate property for cash in an amount that will be sufficient to raise the amount of the family allowance, or a portion of that amount, as necessary, if:
(1)  the decedent had no personal property that the surviving spouse, the guardian of the decedent's minor children, or the guardian of the decedent's adult incapacitated child or other appropriate person acting on behalf of the adult incapacitated child is willing to take for the family allowance, or the decedent had insufficient personal property; and
(2)  there are not sufficient estate funds in the executor's or administrator's possession to pay the amount of the family allowance or a portion of that amount, as applicable.
(b)  Property specifically devised to another may be sold to raise cash as provided by Subsection (a) only if other available property is insufficient to pay the family allowance.
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. 2.13, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.48, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance › Section 353.151. Liens

Sec. 353.151.  LIENS.  (a)  This section applies to all estates, whether solvent or insolvent.
(b)  If property on which there is a valid subsisting lien or encumbrance is set aside as exempt for the surviving spouse or children or is appropriated to make an allowance in lieu of exempt property or for the support of the surviving spouse or children, the debts secured by the lien shall, if necessary, be either paid or continued against the property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance › Section 353.152. Distribution of Exempt Property of Solvent Estate

Sec. 353.152.  DISTRIBUTION OF EXEMPT PROPERTY OF SOLVENT ESTATE.  If on final settlement of an estate it appears that the estate is solvent, the exempt property, other than the homestead or any allowance made in lieu of the homestead, is subject to partition and distribution among the heirs of the decedent and the distributees in the same manner as other estate property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance › Section 353.153. Title to Property of Insolvent Estate

Sec. 353.153.  TITLE TO PROPERTY OF INSOLVENT ESTATE.  If on final settlement an estate proves to be insolvent, the decedent's surviving spouse and children have absolute title to all property and allowances set aside or paid to them under this title.  The distributees are entitled to distribution of any remaining exempt property held by the executor or administrator in the same manner as other estate property.  The property and allowances set aside or paid to the decedent's surviving spouse or children, and any remaining exempt property held by the executor or administrator, may not be taken for any of the estate debts except as provided by Section 353.155.
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. 38, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance › Section 353.154. Certain Property Not Considered in Determining Solvency

Sec. 353.154.  CERTAIN PROPERTY NOT CONSIDERED IN DETERMINING SOLVENCY.  In determining whether an estate is solvent or insolvent, the exempt property set aside for the decedent's surviving spouse or children, any allowance made in lieu of that exempt property, the family allowance under Subchapter C, and any remaining exempt property held by the executor or administrator may not be estimated or considered as estate assets.
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. 38, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 353 - Exempt Property and Family Allowance › Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance › Section 353.155. Exempt Property Liable for Certain Debts

Sec. 353.155.  EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS.  The exempt property, other than the homestead or any allowance made in lieu of the homestead:
(1)  is liable for the payment of Class 1 claims; and
(2)  is not liable for any estate debts other than the claims described by Subdivision (1).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter A. Summary Proceedings for Certain Small Estates › Section 354.001. Summary Proceedings for Certain Small Estates

Sec. 354.001.  SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES.  (a)  If, after a personal representative of an estate has filed the inventory, appraisement, and list of claims or the affidavit in lieu of the inventory, appraisement, and list of claims as provided by Chapter 309, it is established that the decedent's estate, excluding any homestead, exempt property, and family allowance to the decedent's surviving spouse, minor children, and adult incapacitated children, does not exceed the amount sufficient to pay the claims against the estate classified as Classes 1 through 4 under Section 355.102, the representative shall:
(1)  on order of the court, pay those claims in the order provided and to the extent permitted by the assets of the estate subject to the payment of those claims; and
(2)  after paying the claims in accordance with Subdivision (1), present to the court the representative's account with an application for the settlement and allowance of the account.
(b)  On presentation of the personal representative's account and application under Subsection (a), the court, with or without notice, may adjust, correct, settle, allow, or disallow the account.
(c)  If the court settles and allows the personal representative's account under Subsection (b), the court may:
(1)  decree final distribution;
(2)  discharge the representative; and
(3)  close the administration.
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. 2.14, eff. January 1, 2014.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.49, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.051. Required Report on Condition of Estate

Sec. 354.051.  REQUIRED REPORT ON CONDITION OF ESTATE.  At any time after the return of the inventory, appraisement, and list of claims of an estate required by Chapter 309, anyone entitled to a portion of the estate, by a written complaint filed in the court in which the case is pending, may have the estate's executor or administrator cited to appear and render under oath an exhibit of the condition of the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.052. Bond Required to Withdraw Estate From Administration

Sec. 354.052.  BOND REQUIRED TO WITHDRAW ESTATE FROM ADMINISTRATION.  After the executor or administrator has rendered the exhibit of the condition of the estate if required under Section 354.051, one or more persons entitled to the estate, or other persons for them, may execute and deliver a bond to the court.  The bond must be:
(1)  conditioned that the persons executing the bond shall:
(A)  pay all unpaid debts against the estate that have been or are:
(i)  allowed by the executor or administrator and approved by the court; or
(ii)  established by suit against the estate; and
(B)  pay to the executor or administrator any balance that the court in its judgment on the exhibit finds to be due the executor or administrator;
(2)  payable to the judge and the judge's successors in office in an amount equal to at least twice the gross appraised value of the estate as shown by the inventory, appraisement, and list of claims returned under Chapter 309; and
(3)  approved 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 H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.053. Order for Delivery of Estate

Sec. 354.053.  ORDER FOR DELIVERY OF ESTATE.  On the giving and approval of the bond under Section 354.052, the court shall enter an order requiring the executor or administrator to promptly deliver to each person entitled to any portion of the estate that portion to which the person is entitled.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.054. Order of Discharge

Sec. 354.054.  ORDER OF DISCHARGE.  After an estate has been withdrawn from administration under Section 354.053, the court shall enter an order:
(1)  discharging the executor or administrator; and
(2)  declaring the administration closed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.055. Lien on Property of Estate Withdrawn From Administration

Sec. 354.055.  LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM ADMINISTRATION.  A lien exists on all of the estate withdrawn from administration under Section 354.053 and in the possession of the distributees and those claiming under the distributees with notice of that lien, to secure the ultimate payment of:
(1)  the bond under Section 354.052; and
(2)  debts and claims secured by the bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.056. Partition of Estate Withdrawn From Administration

Sec. 354.056.  PARTITION OF ESTATE WITHDRAWN FROM ADMINISTRATION.  On written application to the court, any person entitled to any portion of an estate withdrawn from administration under Section 354.053 may cause a partition and distribution of the estate to be made among those persons entitled to the estate in accordance with the provisions of this title that relate to the partition and distribution of an estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.057. Creditors Entitled to Sue on Bond

Sec. 354.057.  CREDITORS ENTITLED TO SUE ON BOND.  A creditor of an estate withdrawn from administration under Section 354.053 whose debt or claim against the estate is unpaid and not barred by limitation is entitled to:
(1)  commence a suit in the person's own name on the bond under Section 354.052; and
(2)  obtain a judgment on the bond for the debt or claim the creditor establishes against the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates › Subchapter B. Withdrawal From Administration of Certain Estates › Section 354.058. Creditors May Sue Distributees

Sec. 354.058.  CREDITORS MAY SUE DISTRIBUTEES.  (a)  A creditor of an estate withdrawn from administration under Section 354.053 whose debt or claim against the estate is unpaid and not barred by limitation may sue:
(1)  any distributee who has received any of the estate; or
(2)  all the distributees jointly.
(b)  A distributee is not liable for more than the distributee's just proportion according to the amount of the estate the distributee received in the distribution.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 355 - Presentment and Payment of Claims › Subchapter A. Presentment of Claims Against Estates in General › Section 355.001. Presentment of Claim to Personal Representative

Sec. 355.001.  PRESENTMENT OF CLAIM TO PERSONAL REPRESENTATIVE.  A claim may be presented to a personal representative of an estate at any time before the estate is closed if suit on the claim has not been barred by the general statutes of limitation.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 355 - Presentment and Payment of Claims › Subchapter A. Presentment of Claims Against Estates in General › Section 355.002. Presentment of Claim to Clerk

Sec. 355.002.  PRESENTMENT OF CLAIM TO CLERK.  (a)  A claim may also be presented by depositing the claim with the clerk with vouchers and the necessary exhibits and affidavit attached to the claim. On receiving a claim deposited under this subsection, the clerk shall advise the personal representative or the representative's attorney of the deposit of the claim by a letter mailed to the representative's last known address.
(b)  A claim deposited under Subsection (a) is presumed to be rejected if the personal representative fails to act on the claim on or before the 30th day after the date the claim is deposited.
(c)  Failure of the clerk to give the notice required under Subsection (a) does not affect the validity of the presentment or the presumption of rejection because the personal representative does not act on the claim within the 30-day period prescribed by Subsection (b).
(d)  The clerk shall enter a claim deposited under Subsection (a) on the claim docket.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 355 - Presentment and Payment of Claims › Subchapter A. Presentment of Claims Against Estates in General › Section 355.003. Inclusion of Attorney's Fees in Claim

Sec. 355.003.  INCLUSION OF ATTORNEY'S FEES IN CLAIM.  If the instrument evidencing or supporting a claim provides for attorney's fees, the claimant may include as a part of the claim the portion of attorney's fees the claimant has paid or contracted to pay to an attorney to prepare, present, and collect the claim.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 355 - Presentment and Payment of Claims › Subchapter A. Presentment of Claims Against Estates in General › Section 355.004. Affidavit Authenticating Claim for Money in General

Sec. 355.004.  AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN GENERAL.  (a)  Except as provided by Section 355.005, a claim for money against an estate must be supported by an affidavit that states:
(1)  that the claim is just;
(2)  that all legal offsets, payments, and credits known to the affiant have been allowed; and
(3)  if the claim is not founded on a written instrument or account, the facts on which the claim is founded.
(b)  A photostatic copy of an exhibit or voucher necessary to prove a claim may be offered with and attached to the claim instead of attaching the original.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 355 - Presentment and Payment of Claims › Subchapter A. Presentment of Claims Against Estates in General › Section 355.005. Affidavit Authenticating Claim of Corporation or Other Entity

Sec. 355.005.  AFFIDAVIT AUTHENTICATING CLAIM OF CORPORATION OR OTHER ENTITY.  (a)  An authorized officer or representative of a corporation or other entity shall make the affidavit required to authenticate a claim of the corporation or entity.
(b)  In an affidavit made by an officer of a corporation, or by an executor, administrator, trustee, assignee, agent, representative, or attorney, it is sufficient to state that the affiant has made diligent inquiry and examination and believes the claim is just and that all legal offsets, payments, and credits made known to the affiant have been allowed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 355 - Presentment and Payment of Claims › Subchapter A. Presentment of Claims Against Estates in General › Section 355.006. Lost or Destroyed Evidence Concerning Claim

Sec. 355.006.  LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.  If evidence of a claim is lost or destroyed, the claimant or an authorized representative or agent of the claimant may make an affidavit to the fact of the loss or destruction. The affidavit must state:
(1)  the amount, date, and nature of the claim;
(2)  the due date of the claim;
(3)  that the claim is just;
(4)  that all legal offsets, payments, and credits known to the affiant have been allowed; and
(5)  that the claimant is still the owner of the claim.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.