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;
(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; 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.
Structure Texas Statutes
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
Section 453.002. Administration of Community Property Not Necessary
Section 453.003. General Powers of Surviving Spouse if No Administration Is Pending
Section 453.004. Collection of Unpaid Wages if No Administration Is Pending
Section 453.005. Remarriage of Surviving Spouse
Section 453.006. Account of Community Debts and Disposition of Community Property
Section 453.007. Delivery of Community Estate on Final Partition
Section 453.008. Liability of Surviving Spouse for Loss
Section 453.009. Distribution of Powers Between Personal Representative and Surviving Spouse