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.
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