Sec. 551.102. DAMAGES FOR FAILURE TO MAKE PAYMENTS. (a) An executor or administrator who fails to pay funds of an estate to the comptroller as required by an order under Section 551.001 on or before the 30th day after the date of the order is liable, after personal service of citation charging that failure and after proof of the failure, for damages. The damages:
(1) accrue at the rate of five percent of the amount of the funds per month for each month or fraction of a month after the 30th day after the date of the order that the executor or administrator fails to make the payment; and
(2) must be paid to the comptroller out of the executor's or administrator's own estate.
(b) Damages under this section 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.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle L - Payment of Estates Into Treasury
Chapter 551 - Payment of Certain Estates to State
Subchapter C. Penalties; Enforcement
Section 551.101. Liability of Court Clerk; Penalty
Section 551.102. Damages for Failure to Make Payments
Section 551.103. Enforcement of Payment and Damages; Recovery on Bond