reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter B. Temporary Administration Pending Contest of a Will or Administration › Section 452.051. Appointment of Temporary Administrator

Sec. 452.051.  APPOINTMENT OF TEMPORARY ADMINISTRATOR.  (a)  If a contest related to probating a will or granting letters testamentary or of administration is pending, the court may appoint a temporary administrator, with powers limited as the circumstances of the case require.
(b)  The appointment may continue until the contest is terminated and an executor or administrator with full powers is appointed.
(c)  The power of appointment under this section is in addition to the court's power of appointment under Subchapter A.
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. 44, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter B. Temporary Administration Pending Contest of a Will or Administration › Section 452.052. Additional Powers Regarding Claims

Sec. 452.052.  ADDITIONAL POWERS REGARDING CLAIMS.  (a)  A court that grants temporary administration pending a will contest or a contest on an application for letters of administration may, at any time while the contest is pending, give the temporary administrator all the powers of a permanent administrator regarding claims against the estate.
(b)  If the court gives the temporary administrator powers described by Subsection (a), the court and the temporary administrator shall act in the same manner as in permanent administration in matters such as:
(1)  approving or disapproving claims;
(2)  paying claims; and
(3)  selling property to pay claims.
(c)  The court shall require a temporary administrator given powers described by Subsection (a) to give bond in the full amount required of a permanent administrator.
(d)  This section is cumulative and does not affect the court's right to order a temporary administrator to perform any action described by this section in other cases if the action is necessary or expedient to preserve the estate pending the contest's final determination.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter C. Powers and Duties of Temporary Administrator › Section 452.101. Limited Powers of Temporary Administrator

Sec. 452.101.  LIMITED POWERS OF TEMPORARY ADMINISTRATOR.  (a)  A temporary administrator may exercise only the rights and powers:
(1)  specifically expressed in the court's order appointing the temporary administrator; or
(2)  expressed in the court's subsequent orders.
(b)  An act performed by a temporary administrator is void unless expressly authorized by the court's orders.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter C. Powers and Duties of Temporary Administrator › Section 452.102. Additional Bond for Extension of Rights and Powers

Sec. 452.102.  ADDITIONAL BOND FOR EXTENSION OF RIGHTS AND POWERS.  A court that extends the rights and powers of a temporary administrator in an order subsequent to the order appointing the temporary administrator may require additional bond commensurate with the extension.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter D. Expiration and Closing of Temporary Administration › Section 452.151. Accounting

Sec. 452.151.  ACCOUNTING.  At the expiration of a temporary appointment, the temporary administrator shall file with the court clerk:
(1)  a sworn list of all estate property that has come into the temporary administrator's possession;
(2)  a return of all sales made by the temporary administrator; and
(3)  a full exhibit and account of all the temporary administrator's acts as temporary administrator.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 452 - Temporary Administration of Estates › Subchapter D. Expiration and Closing of Temporary Administration › Section 452.152. Closing Temporary Administration

Sec. 452.152.  CLOSING TEMPORARY ADMINISTRATION.  (a)  The court shall act on the list, return, exhibit, and account filed under Section 452.151.
(b)  When letters of temporary administration expire or become ineffective for any cause, the court immediately shall enter an order requiring the temporary administrator to promptly deliver the estate remaining in the temporary administrator's possession to the person legally entitled to possession of the estate.
(c)  On proof of delivery under Subsection (b), the temporary administrator shall be discharged and the sureties on the temporary administrator's bond shall be released as to any future liability.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.001. Effect of Chapter

Sec. 453.001.  EFFECT OF CHAPTER.  This chapter does not prohibit the administration of community property under other provisions of this title relating to the administration 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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.002. Administration of Community Property Not Necessary

Sec. 453.002.  ADMINISTRATION OF COMMUNITY PROPERTY NOT NECESSARY.  If a spouse dies intestate and the community property passes to the surviving spouse, no administration of the community property is necessary.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.003. General Powers of Surviving Spouse if No Administration Is Pending

Sec. 453.003.  GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.  (a)  If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:
(1)  sue and be sued to recover community property;
(2)  sell, mortgage, lease, and otherwise dispose of community property to pay community debts, for which a portion of community property is liable for payment;
(3)  collect claims due to the community estate; and
(4)  exercise other powers as necessary to:
(A)  preserve the community property;
(B)  discharge community obligations, for which a portion of community property is liable for payment; and
(C)  wind up community affairs.
(b)  This section does not affect the disposition of the deceased spouse's property.
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. 39, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.004. Collection of Unpaid Wages if No Administration Is Pending

Sec. 453.004.  COLLECTION OF UNPAID WAGES IF NO ADMINISTRATION IS PENDING.  (a)  If a person who owes money to the community estate for current wages at the time of a deceased spouse's death is provided an affidavit stating that the affiant is the surviving spouse and that no one has qualified as executor or administrator of the deceased spouse's estate, the person who pays or delivers to the affiant the deceased spouse's final paycheck for the wages, including any unpaid sick pay or vacation pay, is released from liability to the same extent as if the payment or delivery is made to the deceased spouse's personal representative.  The person is not required to inquire into the truth of the affidavit.
(b)  An affiant to whom the payment or delivery is made under Subsection (a) is answerable to a person having a prior right and is accountable to a personal representative who is appointed.  The affiant is liable for any damage or loss to a person that arises from a payment or delivery made in reliance on the affidavit.
(c)  This section does not affect the disposition of the deceased spouse's 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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.005. Remarriage of Surviving Spouse

Sec. 453.005.  REMARRIAGE OF SURVIVING SPOUSE.  The remarriage of a surviving spouse does not terminate the surviving spouse's powers as a surviving partner.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.006. Account of Debts and Disposition of Community Property

Sec. 453.006.  ACCOUNT OF DEBTS AND DISPOSITION OF COMMUNITY PROPERTY.  (a)  The surviving spouse shall keep a fair and full account and statement of:
(1)  all debts and expenses paid by the surviving spouse; and
(2)  the disposition made of the community property.
(b)  The surviving spouse or personal representative shall keep a separate, distinct account of all debts allowed or paid in the administration and settlement of an estate described by Section 101.052.
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. 40, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.007. Delivery of Community Estate on Final Partition

Sec. 453.007.  DELIVERY OF COMMUNITY ESTATE ON FINAL PARTITION.  On final partition of the community estate, the surviving spouse shall deliver to the deceased spouse's heirs or devisees their interest in the estate, and the increase in and profits of the interest, after deducting from the interest:
(1)  the proportion of the debts chargeable to the interest;
(2)  unavoidable losses;
(3)  necessary and reasonable expenses; and
(4)  a reasonable commission for the management of the interest.
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. 41, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.008. Liability of Surviving Spouse for Loss

Sec. 453.008.  LIABILITY OF SURVIVING SPOUSE FOR LOSS.  A surviving spouse is not liable for a loss sustained by the community estate unless the surviving spouse is guilty of gross negligence or bad faith.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 453 - Administration of Community Property › Section 453.009. Distribution of Powers Between Personal Representative and Surviving Spouse During Administration

Sec. 453.009.  DISTRIBUTION OF POWERS BETWEEN PERSONAL REPRESENTATIVE AND SURVIVING SPOUSE DURING ADMINISTRATION.  (a)  A qualified personal representative of a deceased spouse's estate may administer:
(1)  the separate property of the deceased spouse;
(2)  the community property that was by law under the management of the deceased spouse during the marriage; and
(3)  the community property that was by law under the joint control of the spouses during the marriage.
(b)  During administration of a deceased spouse's estate, the surviving spouse, as surviving partner of the marital partnership, is entitled to:
(1)  retain possession and control of the community property that was legally under the sole management of the surviving spouse during the marriage; and
(2)  exercise over that property any power this chapter authorizes the surviving spouse to exercise as if there is no administration pending on the deceased spouse's estate.
(c)  The surviving spouse, by written instrument filed with the clerk, may waive any right to exercise powers as community survivor.  If the surviving spouse files a waiver under this subsection, the deceased spouse's personal representative may administer the entire community estate.
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. 42, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 43, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 454 - Administration of Estate of Person Presumed Dead › Subchapter A. Estates of Persons Presumed Dead › Section 454.001. Applicability; Determination of Death

Sec. 454.001.  APPLICABILITY; DETERMINATION OF DEATH.  (a)  This subchapter applies in a proceeding to probate a person's will or administer a person's estate if there is no direct evidence that the person is dead.
(b)  The court has jurisdiction to determine the fact, time, and place of the person'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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 454 - Administration of Estate of Person Presumed Dead › Subchapter A. Estates of Persons Presumed Dead › Section 454.002. Grant of Letters on Proof of Death

Sec. 454.002.  GRANT OF LETTERS ON PROOF OF DEATH.  On application for the grant of letters testamentary or of administration for the estate of a person presumed to be dead, the court shall grant the letters if the death of the person is proved by circumstantial evidence to the court's satisfaction.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 454 - Administration of Estate of Person Presumed Dead › Subchapter A. Estates of Persons Presumed Dead › Section 454.003. Citation and Search

Sec. 454.003.  CITATION AND SEARCH.  (a)  If the fact of a person's death must be proved by circumstantial evidence under Section 454.002, at the request of any interested person, the court may order that a citation be issued to the person presumed dead and that the citation be served on the person by publication and posting and by additional methods as directed by the order.
(b)  After letters testamentary or of administration are issued, the court may also direct:
(1)  the personal representative to search for the person presumed dead by notifying law enforcement agencies and public welfare agencies in appropriate locations that the person has disappeared; and
(2)  the applicant to engage the services of an investigative agency to search for the person presumed dead.
(c)  The expense of a search or notice under this section shall be taxed to the estate as a cost and paid out of the 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 J - Additional Matters Relating to the Administration of Certain Estates › Chapter 454 - Administration of Estate of Person Presumed Dead › Subchapter A. Estates of Persons Presumed Dead › Section 454.004. Distribution of Estate

Sec. 454.004.  DISTRIBUTION OF ESTATE.  The personal representative of the estate of a person presumed dead may not distribute the estate to the persons entitled to the estate until the third anniversary of the date the court granted the letters under Section 454.002.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 454 - Administration of Estate of Person Presumed Dead › Subchapter B. Persons Presumed Dead but Subsequently › Section 454.051. Restoration of Estate

Sec. 454.051.  RESTORATION OF ESTATE.  (a)  Except as provided by Subsection (b), a person who was proved by circumstantial evidence to be dead under Section 454.002 and who, in a subsequent action, is proved by direct evidence to have been living at any time after the date the court granted the letters under that section, is entitled to restoration of the person's estate or the residue of the person's estate, including the rents and profits from the estate.
(b)  For estate property sold by the personal representative of the estate, a distributee, or a distributee's successors or assignees to a bona fide purchaser for value, the right of a person to restoration is limited to the proceeds of the sale or the residue of the sold property with any increase of the proceeds or the residue.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 454 - Administration of Estate of Person Presumed Dead › Subchapter B. Persons Presumed Dead but Subsequently › Section 454.052. Liability of Personal Representative and Others Acting Under Court Order; Bonds Not Voided

Sec. 454.052.  LIABILITY OF PERSONAL REPRESENTATIVE AND OTHERS ACTING UNDER COURT ORDER; BONDS NOT VOIDED.  (a)  Anyone, including a personal representative, who delivered to another the estate or any part of the estate of a person who was proved by circumstantial evidence to be dead under Section 454.002 and who, in a subsequent action, is proved by direct evidence to have been living at any time after the date the court granted the letters testamentary or of administration under that section is not liable for any part of the estate delivered in accordance with the court's order.
(b)  Subject to Subsection (c), the bond of a personal representative of the estate of a person described by Subsection (a) is not void in any event.
(c)  A surety is not liable for any act of the personal representative that was done in compliance with or approved by the court's order.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.001. Definition

Sec. 455.001.  DEFINITION.  In this chapter, "public probate administrator" means the public probate administrator appointed under Section 25.00251, Government Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.002. Bond of Public Probate Administrator

Sec. 455.002.  BOND OF PUBLIC PROBATE ADMINISTRATOR.  (a)  The public probate administrator must execute an official bond of at least $100,000 conditioned as required by law and payable to the statutory probate court judge who appointed the public probate administrator.
(b)  In addition to the official bond of office, at any time, for good cause, the statutory probate court judge who appointed the public probate administrator may require the administrator to post an additional corporate surety bond for individual estates. The additional bonds shall bear the written approval of the judge requesting the additional bond.
(c)  The county may choose to self-insure the public probate administrator for the minimum bond amount required by this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.003. Funding of Public Probate Administrator's Office

Sec. 455.003.  FUNDING OF PUBLIC PROBATE ADMINISTRATOR'S OFFICE. A public probate administrator is entitled to commissions under Subchapter A, Chapter 352, to be paid into the county treasury. The public probate administrator's office, including salaries, is funded, in part, by the commissions.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.004. Powers and Duties

Sec. 455.004.  POWERS AND DUTIES.  (a)  On receipt of notice of a decedent for whose estate a personal representative has not been appointed and who has no known or suitable next of kin, the public probate administrator shall take prompt possession or control of the decedent's property located in the county that:
(1)  is considered by the public probate administrator to be subject to loss, injury, waste, or misappropriation; or
(2)  the court orders into the possession and control of the public probate administrator after notice to the public probate administrator.
(b)  The public probate administrator is responsible for determining if the decedent has any heirs or a will and, if necessary, shall make burial arrangements with the appropriate county facility in charge of indigent burial if there are no known personal representatives.
(c)  If the public probate administrator determines the decedent executed a will, the administrator shall file the will with the county clerk.
(d)  The public probate administrator has all of the powers and duties of an administrator under this title.
(e)  The public probate administrator may dispose of any unclaimed property by public auction or private sale, or donation to a charity, if appropriate.
(f)  The statutory probate court judge or commissioners court may request accountings in addition to accountings otherwise required by this title.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.005. Informing Public Probate Administrator

Sec. 455.005.  INFORMING PUBLIC PROBATE ADMINISTRATOR.  (a) If a public officer or employee knows of a decedent without known or suitable next of kin or knows of property of a decedent that is subject to loss, injury, waste, or misappropriation, the officer or employee may inform the public probate administrator of that fact.
(b)  If a person dies in a hospital, mental health facility, or board and care facility without known or suitable next of kin, the person in charge of the hospital or facility may give immediate notice of that fact to the public probate administrator of the county in which the hospital or facility is located.
(c)  A funeral director in control of a decedent's remains may notify the public probate administrator if:
(1)  none of the persons listed in Section 711.002, Health and Safety Code, can be found after a reasonable inquiry or contacted by reasonable means; or
(2)  any of the persons listed in Section 711.002, Health and Safety Code, refuses to act.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.006. Public Probate Administrator's Initiation of Administration

Sec. 455.006.  PUBLIC PROBATE ADMINISTRATOR'S INITIATION OF ADMINISTRATION.  (a)  The public probate administrator shall investigate a decedent's estate and circumstances to determine if the opening of an administration is necessary if the public probate administrator has reasonable cause to believe that the decedent found in the county or believed to be domiciled in the county in which the administrator is appointed does not have a personal representative appointed for the decedent's estate.
(b)  The public probate administrator shall secure a decedent's estate or resolve any other circumstances related to a decedent, if, after the investigation, the public probate administrator determines that:
(1)  the decedent has an estate that may be subject to loss, injury, waste, or misappropriation; or
(2)  there are other circumstances relating to the decedent that require action by the public probate administrator.
(c)  To establish reasonable cause under Subsection (a), the public probate administrator may require an information letter about the decedent that contains the following:
(1)  the name, address, date of birth, and county of residence of the decedent;
(2)  a description of the relationship between the interested person and the decedent;
(3)  a statement of the suspected cause of death of the decedent;
(4)  the names and telephone numbers of any known friends or relatives of the decedent;
(5)  a description of any known property of the decedent, including the estimated value of the property; and
(6)  a statement of whether the property is subject to loss, injury, waste, or misappropriation.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.007. Access to Information

Sec. 455.007.  ACCESS TO INFORMATION.  (a)  A public probate administrator who has made an investigation under Section 455.006 may present to the statutory probate court judge a statement of the known facts relating to a decedent with a request for permission to take possession or control of property of the decedent and further investigate the matter.
(b)  On presentation of a statement under Subsection (a), a statutory probate court judge may issue an order authorizing the public probate administrator to take possession or control of property under this chapter. A public probate administrator may record the order in any county in which property subject to the order is located.
(c)  On presentation of an order issued under this section, a financial  institution, governmental or private agency, retirement fund administrator, insurance company, licensed securities dealer, or any other person shall perform the following without requiring a death certificate or letters of administration and without inquiring into the truth of the order:
(1)  provide the public probate administrator complete  information concerning property held in the name of the decedent referenced in the order, without charge, including the names and addresses of any beneficiaries and any evidence of a beneficiary designation; and
(2)  grant the public probate administrator access to a safe deposit box rented in the name of the decedent referenced in the order, without charge, for the purpose of inspection and removal of its contents.
(d)  Costs and expenses incurred in drilling or forcing  a safe deposit box open under Subsection (c) shall be paid by the decedent's estate.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.008. Small Estates

Sec. 455.008.  SMALL ESTATES.  (a)  If gross assets of an estate do not exceed 20 percent of the maximum amount authorized for a small estate affidavit under Section 205.001, the public probate administrator may act without issuance of letters testamentary or of administration if the court approves a statement of administration stating:
(1)  the name and domicile of the decedent;
(2)  the date and place of death of the decedent; and
(3)  the name, address, and relationship of each known heir or devisee of the decedent.
(b)  On approval of the statement of administration, the public probate administrator may:
(1)  take possession of, collect, manage, and secure the personal property of the decedent;
(2)  sell the decedent's personal property at private or public sale or auction, without a court order;
(3)  distribute personal property to the estate's personal representative if one is appointed after the statement of administration is filed;
(4)  distribute personal property to a distributee of the decedent who presents an affidavit complying with Chapter 205;
(5)  sell or abandon perishable property of the decedent if necessary to preserve the estate;
(6)  make necessary funeral arrangements for the decedent and pay reasonable funeral charges with estate assets;
(7)  distribute to a minor heir or devisee for whom a guardian has not been appointed the share of an intestate estate or a devise to which the heir or devisee is entitled; and
(8)  distribute allowances and exempt property as provided by this title.
(c)  On the distribution of property and internment of the decedent under this section, the public probate administrator shall file with the clerk an affidavit, to be approved by the court, detailing:
(1)  the property collected;
(2)  the property's distribution;
(3)  the cost of internment; and
(4)  the place of internment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 42, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.009. Small Estate Affidavit

Sec. 455.009.  SMALL ESTATE AFFIDAVIT.  (a)  If gross assets of an estate do not exceed the maximum amount authorized for a small estate affidavit under Section 205.001, the public probate administrator may file an affidavit that complies with Chapter 205 for approval by the statutory probate court judge.
(a-1)  The public probate administrator may file the affidavit as provided by Subsection (a) after the public probate administrator has acted under Section 455.007 or 455.008.
(b)  If the statutory probate court judge approves the affidavit, the affidavit:
(1)  must be maintained or recorded as provided by Section 205.005; and
(2)  has the effect described by Section 205.007.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 43, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.010. Grant of Administration

Sec. 455.010.  GRANT OF ADMINISTRATION.  (a) A public probate administrator shall file an application for letters of administration or administration with will annexed as provided by this title:
(1)  if gross assets of an estate exceed the maximum amount authorized for a small estate affidavit under Section 205.001;
(2)  if the property of the decedent cannot be disposed of using other methods detailed in this chapter; or
(3)  at the discretion of the public probate administrator or on order of the statutory probate court judge.
(b)  After issuance of letters of administration, the public probate administrator is considered a personal representative under this title and has all of the powers and duties of a personal representative under this title.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.011. Withdrawal of Public Probate Administrator and Appointment of Successor

Sec. 455.011.  WITHDRAWAL OF PUBLIC PROBATE ADMINISTRATOR AND APPOINTMENT OF SUCCESSOR.  (a) If a public probate administrator has taken any action under Section 455.008, 455.009, or 455.010 and a qualified person more entitled to serve as a personal representative under Section 304.001 comes forward or a will of a decedent is found naming an executor, the public probate administrator may surrender the administration of the estate and the assets of the estate to the person once the person has qualified under this title.
(b)  Before surrendering the administration of the estate, the public probate administrator must file a verified affidavit that shows fully and in detail:
(1)  the condition of the estate;
(2)  the charges and claims that have been approved or established by suit or that have been rejected and may be established later;
(3)  the amount of each claim that has been rejected and may be established later;
(4)  the property of the estate in the administrator's possession; and
(5)  any other facts that are necessary in determining the condition of the estate.
(c)  The court may require any other filing from the public probate administrator that the court considers appropriate to fully show the condition of the estate before surrendering the estate under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 455 - Public Probate Administrator › Section 455.012. Deposit of Funds in Court Registry

Sec. 455.012.  DEPOSIT OF FUNDS IN COURT REGISTRY.  The public probate administrator shall deposit all funds coming into the custody of the administrator in the court registry, except as provided by Section 455.003.  Funds deposited must be disbursed at the direction of the public probate administrator and according to an order issued by the statutory probate court judge who appointed the administrator.
Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 44, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts › Section 456.001. Definition

Sec. 456.001.  DEFINITION.  In this chapter, "eligible institution" means a financial institution or investment company in which a lawyer has established an escrow or trust account for purposes of holding client funds or the funds of third persons that are in the lawyer's possession in connection with representation as required by the Texas Disciplinary Rules of Professional Conduct.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts › Section 456.002. Authority to Designate Lawyer on Certain Trust or Escrow Accounts

Sec. 456.002.  AUTHORITY TO DESIGNATE LAWYER ON CERTAIN TRUST OR ESCROW ACCOUNTS.  (a)  When administering the estate of a deceased lawyer who established one or more trust or escrow accounts for client funds or the funds of third persons that are in the lawyer's possession in connection with representation as required by the Texas Disciplinary Rules of Professional Conduct, the personal representative may hire through written agreement a lawyer authorized to practice in this state to:
(1)  be the authorized signer on the trust or escrow account;
(2)  determine who is entitled to receive the funds in the account;
(3)  disburse the funds to the appropriate persons or to the decedent's estate; and
(4)  close the account.
(b)  If the personal representative is a lawyer authorized to practice in this state, the personal representative may state that fact and disburse the trust or escrow account funds of a deceased lawyer in accordance with Subsection (a).
(c)  An agreement under Subsection (a) or a statement under Subsection (b) must be made in writing, and a copy of the agreement or statement must be delivered to each eligible institution in which the trust or escrow accounts were established.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts › Section 456.003. Duty of Eligible Institutions

Sec. 456.003.  DUTY OF ELIGIBLE INSTITUTIONS.  Not later than the seventh business day after the date an eligible institution receives a copy of a written agreement under Section 456.002(a) or a statement from a personal representative under Section 456.002(b) and instructions from the lawyer identified in the agreement or statement, as applicable, regarding how to disburse the funds or close a trust or escrow account, the eligible institution shall disburse the funds and close the account in compliance with the instructions.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 35, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts › Section 456.004. Liability of Eligible Institutions

Sec. 456.004.  LIABILITY OF ELIGIBLE INSTITUTIONS.  An eligible institution is not liable for any act respecting an account taken in compliance with this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts › Section 456.0045. Private Cause of Action

Sec. 456.0045.  PRIVATE CAUSE OF ACTION.  (a)  If an eligible institution violates Section 456.003, a person aggrieved by the violation may bring an action against the eligible institution to:
(1)  obtain declaratory or injunctive relief to enforce the section; and
(2)  recover damages to the same extent the person would be entitled to damages had the eligible institution acted in the same manner with respect to the deceased lawyer before the lawyer's death.
(b)  A person who prevails in an action under this section may recover court costs and reasonable attorney's fees.
Added by Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 36, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle J - Additional Matters Relating to the Administration of Certain Estates › Chapter 456 - Disbursement and Closing of Lawyer Trust or Escrow Accounts › Section 456.005. Rules

Sec. 456.005.  RULES.  The supreme court may adopt rules regarding the administration of funds in a trust or escrow account subject to this chapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 45, 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 501.001. Authority for Ancillary Probate of Foreign Will

Sec. 501.001.  AUTHORITY FOR ANCILLARY PROBATE OF FOREIGN WILL.  The written will of a testator who was not domiciled in this state at the time of the testator's death may be admitted to probate at any time in this state if:
(1)  the will would affect any property in this state; and
(2)  proof is presented that the will stands probated or otherwise established in any state of the United States or a foreign nation.
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. 46, 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 501.002. Application for Ancillary Probate of Foreign Will

Sec. 501.002.  APPLICATION FOR ANCILLARY PROBATE OF FOREIGN WILL.  (a)  An application for ancillary probate in this state of a foreign will admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death is required to indicate only that probate in this state is requested on the basis of the authenticated copy of the foreign proceedings in which the will was admitted to probate or otherwise established.
(b)  An application for ancillary probate in this state of a foreign will that has been admitted to probate or otherwise established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death must:
(1)  include all information required for an application for probate of a domestic will; and
(2)  state the name and address of:
(A)  each devisee; and
(B)  each person who would be entitled to a portion of the estate as an heir in the absence of a will.
(c)  An application described by Subsection (a) or (b) must include for filing a copy of the foreign will and the judgment, order, or decree by which the will was admitted to probate or otherwise established.  The copy must:
(1)  be attested by and with the original signature of the court clerk or other official who has custody of the will or who is in charge of probate records;
(2)  include a certificate with the original signature of the judge or presiding magistrate of the court stating that the attestation is in proper form; and
(3)  have the court seal affixed, if a court seal exists.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries › Chapter 501 - Ancillary Probate of Foreign Will › Section 501.003. Citation and Notice

Sec. 501.003.  CITATION AND NOTICE.  (a)  Citation or notice is not required for an application described by Section 501.002(a).
(b)  For an application described by Section 501.002(b), a citation shall be issued and served by a qualified delivery method on each devisee and heir identified in the application.
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. 44, 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 501 - Ancillary Probate of Foreign Will › Section 501.004. Recording by Clerk

Sec. 501.004.  RECORDING BY CLERK.  (a)  If a foreign will submitted for ancillary probate in this state has been admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death, it is the ministerial duty of the court clerk to record the will and the evidence of the will's probate or other establishment in the judge's probate docket.
(b)  If a foreign will submitted for ancillary probate in this state has been admitted to probate or otherwise established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death, and a contest against the ancillary probate is not filed as authorized by Chapter 504, the court clerk shall record the will and the evidence of the will's probate or other establishment in the judge's probate docket.
(c)  A court order is not necessary for the recording of a foreign will in accordance with this section.
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. 8.019, 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 501.005. Effect of Filing and Recording Foreign Will

Sec. 501.005.  EFFECT OF FILING AND RECORDING FOREIGN WILL.  On filing and recording a foreign will in accordance with this chapter, the foreign will:
(1)  is considered to be admitted to probate; and
(2)  has the same effect for all purposes as if the original will had been admitted to probate by order of a court of this state, subject to contest in the manner and to the extent provided by Chapter 504.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.