reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 359 - Annual Account and Other Exhibits and Reports › Subchapter B. Action on Annual Account › Section 359.054. Order for Pro Rata Payment of Claims

Sec. 359.054.  ORDER FOR PRO RATA PAYMENT OF CLAIMS.  After approval of an annual account as provided by Section 359.052, if it appears to the court from the account or other evidence that the funds on hand are not sufficient to pay every character of claims against the estate or if the estate is insolvent and the personal representative has any funds on hand, the court shall order the funds to be applied:
(1)  first to the payment of any unpaid claims having a preference in the order of their priority; and
(2)  then to the pro rata payment of the other claims allowed and approved or established by final judgment, considering:
(A)  claims that were presented before the first anniversary of the date administration was granted; and
(B)  claims that are in litigation or on which a lawsuit may be filed.
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 359 - Annual Account and Other Exhibits and Reports › Subchapter C. Penalties › Section 359.101. Penalty for Failure to File Annual Account

Sec. 359.101.  PENALTY FOR FAILURE TO FILE ANNUAL ACCOUNT.  (a)  If the personal representative of an estate does not file an annual account required by Section 359.001 or 359.002, any person interested in the estate on written complaint, or the court on the court's own motion, may have the representative cited to file the account and show cause for the failure.
(b)  If the personal representative does not file the account after being cited or does not show good cause for the failure, the court on hearing may:
(1)  revoke the representative's letters testamentary or of administration; and
(2)  fine the representative in an amount not to exceed $500.
(c)  The personal representative and the representative's sureties are liable for any fine imposed and for all damages and costs sustained by the representative's failure.  The fine, damages, and costs may be recovered in any court of competent jurisdiction.
Added by Acts 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 359 - Annual Account and Other Exhibits and Reports › Subchapter C. Penalties › Section 359.102. Penalty for Failure to File Exhibit or Report

Sec. 359.102.  PENALTY FOR FAILURE TO FILE EXHIBIT OR REPORT.  (a)  If a personal representative does not file an exhibit or report required by this title, any person interested in the estate on written complaint filed with the court clerk may have the representative cited to appear and show cause why the representative should not file the exhibit or report.
(b)  On hearing, the court may:
(1)  order the personal representative to file the exhibit or report; and
(2)  unless good cause is shown for the failure, revoke the representative's letters testamentary or of administration and fine the representative in an amount not to exceed $1,000.
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 360 - Partition and Distribution of Estate › Subchapter A. Application for Partition and Distribution › Section 360.001. General Application

Sec. 360.001.  GENERAL APPLICATION.  (a)  At any time after the first anniversary of the date original letters testamentary or of administration are granted, an executor, administrator, heir, or devisee of a decedent's estate, by written application filed in the court in which the estate is pending, may request the partition and distribution of the estate.
(b)  An application under Subsection (a) must state:
(1)  the decedent's name;
(2)  the name and residence of each person entitled to a share of the estate and whether the person is an adult or a minor;
(3)  if the applicant does not know a fact required by Subdivision (2); and
(4)  the reasons why the estate should be partitioned and distributed.
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 360 - Partition and Distribution of Estate › Subchapter A. Application for Partition and Distribution › Section 360.002. Application for Partial Distribution

Sec. 360.002.  APPLICATION FOR PARTIAL DISTRIBUTION.  (a)  At any time after original letters testamentary or of administration are granted and the inventory, appraisement, and list of claims are filed and approved, an executor, administrator, heir, or devisee of a decedent's estate, by written application filed in the court in which the estate is pending, may request a distribution of any portion of the estate.
(b)  All interested parties, including known creditors, must be personally cited as in other distributions.
(c)  Except as provided by Subsection (d), the court, on proper citation and hearing, may distribute any portion of the estate the court considers advisable.
(d)  If a distribution is to be made to one or more heirs or devisees, but not to all heirs or devisees, the court shall require a refunding bond in an amount determined by the court to be filed with the court, unless a written waiver of the bond requirement is filed with the court by all interested parties. On approving the bond, if required, the court shall order the distribution of the relevant portion of the estate.
(e)  This section applies to corpus as well as income, notwithstanding any other provision of this title.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 360 - Partition and Distribution of Estate › Subchapter B. Citation › Section 360.051. Citation of Interested Persons

Sec. 360.051.  CITATION OF INTERESTED PERSONS.  (a)  On the filing of the application, the clerk shall issue a citation that:
(1)  states:
(A)  the decedent's name; and
(B)  the date the court will hear the application; and
(2)  requires all persons interested in the estate to appear and show cause why the estate should not be partitioned and distributed.
(b)  A citation under this section must be:
(1)  personally served on each person residing in the state who is entitled to a share of the estate and whose address is known; and
(2)  served by publication on any person entitled to a share of the estate:
(A)  whose identity or address is not known;
(B)  who is not a resident of this state; or
(C)  who is a resident of this state but is absent from this state.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 360 - Partition and Distribution of Estate › Subchapter B. Citation › Section 360.052. Citation of Executor or Administrator

Sec. 360.052.  CITATION OF EXECUTOR OR ADMINISTRATOR.  When a person other than the executor or administrator applies for partition and distribution, the executor or administrator must also be cited to appear and answer the application and file in court a verified exhibit and account of the condition of the estate, as in the case of a final settlement.
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 360 - Partition and Distribution of Estate › Subchapter C. Proceedings; Expenses › Section 360.101. Hearing on Application

Sec. 360.101.  HEARING ON APPLICATION.  (a)  At the hearing on an application for partition and distribution, the court shall determine:
(1)  the residue of the estate that is subject to partition and distribution;
(2)  the persons entitled by law to partition and distribution and those persons' respective shares; and
(3)  whether an advancement has been made to any of the persons described by Subdivision (2), and if so, the nature and value of the advancement.
(b)  For purposes of Subsection (a)(1), the residue of the estate is determined by deducting from the entire assets of the estate remaining on hand:
(1)  the amount of all debts and expenses that:
(A)  have been approved or established by judgment but not paid; or
(B)  may be established by judgment in the future; and
(2)  the probable future expenses of administration.
(c)  If an advancement described by Subsection (a)(3) has been made, the court shall require the advancement to be placed in hotchpotch as required by the law governing intestate succession.
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 360 - Partition and Distribution of Estate › Subchapter C. Proceedings; Expenses › Section 360.102. Court Decree

Sec. 360.102.  COURT DECREE.  If the court determines that the estate should be partitioned and distributed, the court shall enter a decree stating:
(1)  the name and address, if known, of each person entitled to a share of the estate, specifying:
(A)  which of those persons are known to be minors;
(B)  the name of the minors' guardian or guardian ad litem; and
(C)  the name of the attorney appointed to represent those persons who are unknown or who are not residents of this state;
(2)  the proportional part of the estate to which each person is entitled;
(3)  a full description of all the estate to be distributed; and
(4)  that the executor or administrator must retain possession of a sufficient amount of money or property to pay all debts, taxes, and expenses of administration and specifying the amount of money or the property to be retained.
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 360 - Partition and Distribution of Estate › Subchapter C. Proceedings; Expenses › Section 360.103. Expenses of Partition

Sec. 360.103.  EXPENSES OF PARTITION.  (a)  The distributees shall pay the expense of the estate's partition pro rata.
(b)  The portion of the estate allotted to a distributee is liable for the distributee's portion of the partition expense, and, if not paid, the court may order execution for the expense in the names of the persons entitled to payment of the expense.
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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.151. Appointment of Commissioners

Sec. 360.151.  APPOINTMENT OF COMMISSIONERS.  If the estate does not consist entirely of money or debts due to the estate and the court has not previously determined that the estate is incapable of partition, the court shall appoint three or more discreet and disinterested persons as commissioners to make a partition and distribution 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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.152. Writ of Partition

Sec. 360.152.  WRIT OF PARTITION.  (a)  When commissioners are appointed under Section 360.151, the clerk shall issue a writ of partition directed to the commissioners, commanding the commissioners to:
(1)  proceed promptly to make the partition and distribution in accordance with the court decree; and
(2)  return the writ, with the commissioners' proceedings under the writ, on a date stated in the writ.
(b)  A copy of the court decree must accompany the writ.
(c)  The writ must be served by:
(1)  delivering the writ and the accompanying copy of the court decree to one of the commissioners; and
(2)  notifying the other commissioners, verbally or otherwise, of the commissioners' appointment.
(d)  Service under Subsection (c) may be made by any person.
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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.153. Partition by Commissioners

Sec. 360.153.  PARTITION BY COMMISSIONERS.  (a)  The commissioners shall make a fair, just, and impartial partition and distribution of the estate in the following order and manner:
(1)  if the real estate is capable of being divided without manifest injury to all or any of the distributees, the commissioners shall partition and distribute the land or other property by allotting to each distributee:
(A)  a share in each parcel;
(B)  shares in one or more parcels; or
(C)  one or more parcels separately, with or without the addition of a share of other parcels;
(2)  if the real estate is not capable of a fair, just, and equal division in kind, but may be made capable of a fair, just, and equal division in kind by allotting to one or more of the distributees a proportion of the money or other personal property to supply the deficiency, the commissioners may make, as nearly as possible, an equal division of the real estate and supply the deficiency of any share from the money or other personal property; and
(3)  the commissioners shall:
(A)  make a like division in kind, as nearly as possible, of the money and other personal property; and
(B)  determine by lot, among equal shares, to whom each share shall belong.
(b)  The commissioners shall allot the land or other property under Subsection (a)(1) in the manner described by that subsection that is most in the interest of the distributees.
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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.154. Commissioners' Report

Sec. 360.154.  COMMISSIONERS' REPORT.  (a)  After dividing all or any part of the estate, at least a majority of the commissioners shall make a written, sworn report to the court that:
(1)  states the property divided by the commissioners; and
(2)  describes in particular the property allotted to each distributee and the value of that property.
(b)  If real estate was divided, the report must also contain a general plat of the land with:
(1)  the division lines plainly set down; and
(2)  the number of acres in each share.
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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.155. Court Action on Commissioners' Report

Sec. 360.155.  COURT ACTION ON  COMMISSIONERS' REPORT.  (a)  On the return of a commissioners' report under Section 360.154, the court shall:
(1)  examine the report carefully; and
(2)  hear:
(A)  all exceptions and objections to the report; and
(B)  all evidence in favor of or against the report.
(b)  If the report is informal, the court shall have the informality corrected.
(c)  If the division appears to have been fairly made according to law and no valid exceptions are taken to the division, the court shall approve the division and enter a decree vesting title in the distributees of the distributees' respective shares or portions of the property as set apart to the distributees by the commissioners.
(d)  If the division does not appear to have been fairly made according to law or a valid exception is taken to the division, the court may:
(1)  set aside the report and division; and
(2)  order a new partition to be made.
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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.156. Delivery of Property

Sec. 360.156.  DELIVERY OF PROPERTY.  When the commissioners' report has been approved and ordered to be recorded, the court shall order the executor or administrator to deliver to the distributees on demand the distributees' respective shares of the estate, including all the title deeds and documents belonging to the distributees.
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 360 - Partition and Distribution of Estate › Subchapter D. Partition and Distribution if Estate Property Is › Section 360.157. Commissioners' Fees

Sec. 360.157.  COMMISSIONERS' FEES.  A commissioner who partitions and distributes an estate under this subchapter is entitled to $5 for each day the commissioner necessarily engages in performing the commissioner's duties, to be taxed and paid as other costs in cases of partition.
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 360 - Partition and Distribution of Estate › Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division › Section 360.201. Court Finding

Sec. 360.201.  COURT FINDING.  If, in the court's opinion, all or part of an estate is not capable of a fair and equal partition and distribution, the court shall make a special written finding specifying the property incapable of division.
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 360 - Partition and Distribution of Estate › Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division › Section 360.202. Sale of Estate Property

Sec. 360.202.  SALE OF ESTATE PROPERTY.  (a)  When the court has found that all or part of an estate is not capable of fair and equal division, the court shall order the sale of all estate property not capable of fair and equal division.
(b)  The sale must be made by the executor or administrator in the manner provided for the sale of real estate to satisfy estate debts.
(c)  The court shall distribute the proceeds collected from the sale to the persons entitled to the proceeds.
(d)  A distributee who buys property at the sale is required to pay or secure only the amount by which the distributee's bid exceeds the amount of the distributee's share of 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 360 - Partition and Distribution of Estate › Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division › Section 360.203. Applicability of Provisions Relating to Sale of Real Estate

Sec. 360.203.  APPLICABILITY OF PROVISIONS RELATING TO SALE OF REAL ESTATE.  The provisions of this title relating to reports of sales of real estate, the giving of an increased general or additional bond on the sale of real estate, and the vesting of title to property sold by decree or by deed apply to sales made under this subchapter.
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 360 - Partition and Distribution of Estate › Subchapter F. Certain Types of Estate Property › Section 360.251. Estate Consisting Only of Money or Debts

Sec. 360.251.  ESTATE CONSISTING ONLY OF MONEY OR DEBTS.  If the estate to be distributed consists only of money or debts due to the estate, the court shall:
(1)  set the amount to which each distributee is entitled; and
(2)  order the executor or administrator to pay and deliver that amount.
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 360 - Partition and Distribution of Estate › Subchapter F. Certain Types of Estate Property › Section 360.252. Estate Property Located in Another County

Sec. 360.252.  ESTATE PROPERTY LOCATED IN ANOTHER COUNTY.  (a)  If any portion of the estate to be partitioned is located in another county and cannot be fairly partitioned without prejudice to the distributees' interests, the commissioners may report those facts to the court in writing.
(b)  On the making of a report under Subsection (a), if the court is satisfied that the property cannot be fairly divided or that the sale of the property would be more advantageous to the distributees, the court may order a sale of the property. The sale must be conducted in the manner provided by Subchapter E  for the sale of property that is not capable of fair and equal division.
(c)  If the court is not satisfied that the property cannot be fairly and advantageously divided, or that the sale of the property would be more advantageous to the distributees, the court may appoint three or more commissioners in each county in which the property is located.  If the court appoints commissioners under this subsection, the proceedings under Subchapter D for partition by commissioners must be followed.
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 360 - Partition and Distribution of Estate › Subchapter F. Certain Types of Estate Property › Section 360.253. Community Property

Sec. 360.253.  COMMUNITY PROPERTY.  (a)  If a spouse dies leaving community property, the surviving spouse, at any time after letters testamentary or of administration have been granted and an inventory, appraisement, and list of claims of the estate have been returned or an affidavit in lieu of the inventory, appraisement, and list of claims has been filed, may apply in writing to the court that granted the letters for a partition of the community property.
(b)  The surviving spouse shall execute and deliver a bond to the judge of the court described by Subsection (a).  The bond must be:
(1)  with a corporate surety or at least two good and sufficient personal sureties;
(2)  payable to and approved by the judge;
(3)  in an amount equal to the value of the surviving spouse's interest in the community property; and
(4)  conditioned for the payment of half of all debts existing against the community property.
(c)  The court shall proceed to partition the community property into two equal moieties, one to be delivered to the surviving spouse and the other to be delivered to the executor or administrator of the deceased spouse's estate.
(d)  If a partition is made under this section:
(1)  a lien exists on the property delivered to the surviving spouse to secure the payment of the bond required under Subsection (b); and
(2)  any creditor of the community estate:
(A)  may sue in the creditor's own name on the bond; and
(B)  is entitled:
(i)  to have judgment on the bond for half of the debt the creditor establishes; and
(ii)  to be paid by the executor or administrator of the deceased spouse's estate for the other half.
(e)  The provisions of this title relating to the partition and distribution of an estate apply to a partition under this section to the extent applicable.
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. 2.50, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 360 - Partition and Distribution of Estate › Subchapter F. Certain Types of Estate Property › Section 360.254. Jointly Owned Property

Sec. 360.254.  JOINTLY OWNED PROPERTY.  (a)  A person who has a joint interest with a decedent's estate in any property may apply to the court that granted letters testamentary or of administration on the estate for a partition of the property.
(b)  On application under Subsection (a), the court shall partition the property between the applicant and the decedent's estate.
(c)  The provisions of this title relating to the partition and distribution of an estate govern a partition under this section to the extent applicable.
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 360 - Partition and Distribution of Estate › Subchapter G. Enforcement › Section 360.301. Liability for Failure to Deliver Estate Property

Sec. 360.301.  LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.  (a)  If an executor or administrator neglects, when demanded, to deliver a portion of an estate ordered to be delivered to a person entitled to that portion, the person may file with the court clerk a written complaint alleging:
(1)  the fact of the neglect;
(2)  the date of the person's demand; and
(3)  other relevant facts.
(b)  On the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the executor or administrator.  The citation must:
(1)  apprise the executor or administrator of the complaint; and
(2)  cite the executor or administrator to appear before the court and answer, if the executor or administrator desires, at the time designated in the citation.
(c)  If at the hearing the court finds that the citation was properly served and returned and that the executor or administrator is guilty of the neglect alleged, the court shall enter an order to that effect.
(d)  An executor or administrator found guilty under Subsection (c) is liable to the complainant for damages at the rate of 10 percent of the amount or the appraised value of the portion of the estate neglectfully withheld, per month, for each month or fraction of a month that the portion is or has been neglectfully withheld after the date of demand. Damages under this subsection may be recovered in any court of competent jurisdiction.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter A. Resignation of Personal Representative › Section 361.001. Resignation Application

Sec. 361.001.  RESIGNATION APPLICATION. A personal representative who wishes to resign the representative's trust shall file a written application with the court clerk, accompanied by a complete and verified exhibit and final account showing the true condition of the estate entrusted to the representative's care.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter A. Resignation of Personal Representative › Section 361.002. Immediate Appointment of Successor; Discharge and Release

Sec. 361.002.  IMMEDIATE APPOINTMENT OF SUCCESSOR; DISCHARGE AND RELEASE.  (a)  If the necessity exists, the court may immediately accept the resignation of a personal representative and appoint a successor representative.
(b)  The court may not discharge a person whose resignation is accepted under Subsection (a), or release the person or the sureties on the person's bond, until a final order has been issued or judgment has been rendered on the final account required under Section 361.001.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter A. Resignation of Personal Representative › Section 361.003. Hearing Date; Citation

Sec. 361.003.  HEARING DATE; CITATION.  (a)  When an application to resign as personal representative is filed under Section 361.001, supported by the exhibit and final account required under that section, the court clerk shall bring the application to the judge's attention and the judge shall set a date for a hearing on the matter.
(b)  After a hearing is set under Subsection (a), the clerk shall issue a citation to all interested persons, showing:
(1)  that an application that complies with Section 361.001 has been filed; and
(2)  the time and place set for the hearing at which the interested persons may appear and contest the exhibit and final account supporting the application.
(c)  Unless the court directs that the citation under Subsection (b) be published, the citation must be posted.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter A. Resignation of Personal Representative › Section 361.004. Hearing

Sec. 361.004.  HEARING.  (a)  At the time set for the hearing under Section 361.003, unless the court continues the hearing, and if the court finds that the citation required under that section has been properly issued and served, the court shall:
(1)  examine the exhibit and final account required by Section 361.001;
(2)  hear all evidence for and against the exhibit and final account; and
(3)  if necessary, restate and audit and settle the exhibit and final account.
(b)  If the court is satisfied that the matters entrusted to the personal representative applying to resign  have been handled and accounted for in accordance with the law, the court shall:
(1)  enter an order approving the exhibit and final account; and
(2)  require that any estate property remaining in the applicant's possession be delivered to the persons entitled by law to receive 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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter A. Resignation of Personal Representative › Section 361.005. Requirements for Discharge

Sec. 361.005.  REQUIREMENTS FOR DISCHARGE.  (a)  A personal representative applying to resign may not be discharged until:
(1)  the resignation application has been heard;
(2)  the exhibit and final account required under Section 361.001 have been examined, settled, and approved; and
(3)  the applicant has satisfied the court that the applicant has:
(A)  delivered any estate property remaining in the applicant's possession; or
(B)  complied with all lawful orders of the court with relation to the applicant's trust as representative.
(b)  When a personal representative applying to resign has fully complied with the orders of the court, the court shall enter an order:
(1)  accepting the resignation; and
(2)  discharging the applicant, and, if the applicant is under bond, the applicant's sureties.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter B. Removal and Reinstatement of Personal Representative › Section 361.051. Removal Without Notice

Sec. 361.051.  REMOVAL WITHOUT NOTICE. The court, on the court's own motion or on the motion of any interested person, and without notice, may remove a personal representative appointed under this title who:
(1)  neglects to qualify in the manner and time required by law;
(2)  fails to return, before the 91st day after the date the representative qualifies, an inventory of the estate property and a list of claims that have come to the representative's knowledge, unless that deadline is extended by court order;
(3)  if required, fails to give a new bond within the time prescribed;
(4)  is absent from the state for a consecutive period of three or more months without the court's permission, or moves out of state;
(5)  cannot be served with notices or other processes because:
(A)  the representative's whereabouts are unknown;
(B)  the representative is eluding service; or
(C)  the representative is a nonresident of this state who does not have a resident agent to accept service of process in any probate proceeding or other action relating to the estate; or
(6)  subject to Section 361.054(a), has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, all or part of the property entrusted to the representative's care.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter B. Removal and Reinstatement of Personal Representative › Section 361.052. Removal With Notice

Sec. 361.052.  REMOVAL WITH NOTICE.  (a)  The court may remove a personal representative on the court's own motion, or on the complaint of any interested person, after the representative has been cited by personal service to answer at a time and place set in the notice, if:
(1)  sufficient grounds appear to support a belief that the representative has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, all or part of the property entrusted to the representative's care;
(2)  the representative fails to return any account required by law to be made;
(3)  the representative fails to obey a proper order of the court that has jurisdiction with respect to the performance of the representative's duties;
(4)  the representative is proved to have been guilty of gross misconduct, or mismanagement in the performance of the representative's duties;
(5)  the representative:
(A)  becomes incapacitated;
(B)  is sentenced to the penitentiary; or
(C)  from any other cause, becomes incapable of properly performing the duties of the representative's trust; or
(6)  the representative, as executor or administrator, fails to make a final settlement by the third anniversary of the date letters testamentary or of administration are granted, unless that period is extended by the court on a showing of sufficient cause supported by oath.
(b)  If a personal representative, as executor or administrator, fails to timely file the affidavit or certificate required by Section 308.004, the court, on the court's own motion, may remove the personal representative after providing 30 days' written notice to the personal representative to answer at a time and place set in the notice, by a qualified delivery method to:
(1)  the representative's last known address; and
(2)  the last known address of the representative's attorney of record.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(a), eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 34, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter B. Removal and Reinstatement of Personal Representative › Section 361.053. Removal Order

Sec. 361.053.  REMOVAL ORDER. An order removing a personal representative must:
(1)  state the cause of the removal;
(2)  require that, if the removed representative has been personally served with citation, any letters testamentary or of administration issued to the removed representative be surrendered, and that, regardless of whether the letters have been delivered, all the letters be canceled of record; and
(3)  require the removed representative to deliver any estate property in the representative's possession to the persons entitled to the property or to the person who has been appointed and has qualified as successor representative.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter B. Removal and Reinstatement of Personal Representative › Section 361.054. Removal and Reinstatement of Personal Representative Under Certain Circumstances

Sec. 361.054.  REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE UNDER CERTAIN CIRCUMSTANCES.  (a)  The court may remove a personal representative under Section 361.051(6) only on the presentation of clear and convincing evidence given under oath.
(b)  Not later than the 10th day after the date the court signs the order of removal, a personal representative who is removed under Section 361.051(6) may file an application with the court for a hearing to determine whether the representative should be reinstated.
(c)  On the filing of an application under Subsection (b), the court clerk shall issue to the applicant and to the successor representative of the decedent's estate a notice stating:
(1)  that an application for reinstatement has been filed;
(2)  the name of the decedent from whose estate the applicant was removed as personal representative; and
(3)  the name of the applicant for reinstatement.
(d)  The notice required by Subsection (c) must cite all persons interested in the estate to appear at the time and place stated in the notice if the persons wish to contest the application.
(e)  If, at the conclusion of a hearing under this section, the court is satisfied by a preponderance of the evidence that the personal representative applying for reinstatement did not engage in the conduct that directly led to the applicant's removal, the court shall:
(1)  set aside any order appointing a successor representative; and
(2)  enter an order reinstating the applicant as personal representative of the estate.
(f)  If the court sets aside the appointment of a successor representative under this section, the court may require the successor representative to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made 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 H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter C. Appointment of Successor Representative › Section 361.101. Requirements for Revocation of Letters

Sec. 361.101.  REQUIREMENTS FOR REVOCATION OF LETTERS.  Except as otherwise expressly provided by this title, the court may revoke letters testamentary or of administration and grant other letters only:
(1)  on application; and
(2)  after personal service of citation on the person, if living, whose letters are sought to be revoked, requiring the person to appear and show cause why the application should not be granted.
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 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter C. Appointment of Successor Representative › Section 361.102. Appointment Because of Death, Resignation, or Removal

Sec. 361.102.  APPOINTMENT BECAUSE OF DEATH, RESIGNATION, OR REMOVAL.  (a)  If a person appointed as personal representative fails to qualify or, after qualifying, dies, resigns, or is removed, the court may, on application, appoint a successor representative if the appointment of a successor is necessary.  The appointment may be made before a final accounting is filed or before any action on a final accounting is taken.  In the event of death, the legal representatives of the deceased personal representative shall account for, pay, and deliver all estate property that was entrusted to the deceased personal representative's care to the persons legally entitled to receive the property, at the time and in the manner ordered by the court.
(b)  The court may appoint a successor representative under this section without citation or notice if the court finds that the immediate appointment of a successor representative 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 H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter C. Appointment of Successor Representative › Section 361.103. Appointment Because of Existence of Prior Right

Sec. 361.103.  APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR RIGHT.  If letters testamentary or of administration have been granted to a person and another person applies for letters, the court shall revoke the initial letters and grant letters to the second applicant if the second applicant:
(1)  is qualified;
(2)  has a prior right to the letters; and
(3)  has not waived the prior right to the letters.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter C. Appointment of Successor Representative › Section 361.104. Appointment When Named Executor Becomes an Adult

Sec. 361.104.  APPOINTMENT WHEN NAMED EXECUTOR BECOMES AN ADULT.  (a)  A person named as executor in a will who was not an adult when the will was probated is entitled to have letters testamentary or of administration that were granted to another person revoked and appropriate letters granted to the named executor on proof that the named executor has become an adult and is not otherwise disqualified.
(b)  This subsection applies only if a will names two or more persons as executor.  A person named as an executor in the will who was a minor when the will was probated may, on becoming an adult, qualify and receive letters if:
(1)  letters have been issued only to the named executors in the will who were adults when the will was probated; and
(2)  the person is not otherwise disqualified from receiving letters.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter C. Appointment of Successor Representative › Section 361.105. Appointment of Formerly Sick or Absent Executor

Sec. 361.105.  APPOINTMENT OF FORMERLY SICK OR ABSENT EXECUTOR.  (a)  This section applies only to a person named as executor in a will who was sick or absent from the state when the testator died or the will was proved and, as a result, could not:
(1)  present the will for probate before the 31st day after the date of the testator's death; or
(2)  accept and qualify as executor before the 21st day after the date the will is probated.
(b)  A person to whom this section applies may accept and qualify as executor before the 61st day after the date the person returns to the state or recovers from illness if proof is presented to the court that the person was ill or absent.
(c)  If a person accepts and qualifies as executor under Subsection (b) and letters testamentary or of administration have been issued to another person, the court shall revoke the other person's letters.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle H - Continuation of Administration › Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors › Subchapter C. Appointment of Successor Representative › Section 361.106. Appointment When Will Discovered After Grant of Administration

Sec. 361.106.  APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT OF ADMINISTRATION.  If, after letters of administration have been issued, it is discovered that the decedent left a lawful will, the court shall revoke the letters of administration and issue proper letters to any persons entitled to the letters.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.