Sec. 405.009. CLOSING INDEPENDENT ADMINISTRATION ON APPLICATION BY DISTRIBUTEE. (a) At any time after an estate has been fully administered and there is no further need for an independent administration of the estate, any distributee may file an application to close the administration; and, after citation on the independent executor, and on hearing, the court may enter an order:
(1) requiring the independent executor to file a closing report meeting the requirements of Section 405.005;
(2) closing the administration;
(3) terminating the power of the independent executor to act as independent executor; and
(4) releasing the sureties on any bond the independent executor was required to give from all liability for the future acts of the principal.
(b) The order of the court closing the independent administration shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent or trustee of any evidence of interest, indebtedness, property, or right that belongs to the estate, for payment or transfer without additional administration to the distributees described in the will as entitled to receive the particular asset or who as heirs at law are entitled to receive the asset. The distributees described in the will as entitled to receive the particular asset or the heirs at law entitled to receive the asset may enforce their right to the payment or transfer by suit.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle I - Independent Administration
Chapter 405 - Closing and Distributions
Section 405.001. Accounting and Distribution
Section 405.0015. Distributions Generally
Section 405.002. Receipts and Releases for Distributions by Independent Executor
Section 405.003. Judicial Discharge of Independent Executor
Section 405.004. Closing Independent Administration by Closing Report or Notice of Closing Estate
Section 405.005. Closing Report
Section 405.006. Notice of Closing Estate
Section 405.007. Effect of Filing Closing Report or Notice of Closing Estate
Section 405.008. Partition and Distribution or Sale of Property Incapable of Division
Section 405.009. Closing Independent Administration on Application by Distributee
Section 405.010. Issuance of Letters