Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle G - Initial Appointment of Personal Representative and Opening of Administration

Section 301.002. Period for Filing Application for Letters Testamentary or of Administration - Sec. 301.002. PERIOD FOR FILING APPLICATION FOR LETTERS TESTAMENTARY OR...

Subchapter B. Application Requirements

Section 301.051. Eligible Applicants for Letters - Sec. 301.051. ELIGIBLE APPLICANTS FOR LETTERS. An executor named in...

Section 301.052. Contents of Application for Letters of Administration - Sec. 301.052. CONTENTS OF APPLICATION FOR LETTERS OF ADMINISTRATION. (a)...

Subchapter C. Opposition to Certain Applications

Section 301.101. Opposition to Application for Letters of Administration - Sec. 301.101. OPPOSITION TO APPLICATION FOR LETTERS OF ADMINISTRATION. An...

Subchapter D. Required Proof for Issuance of Letters

Section 301.151. General Proof Requirements - Sec. 301.151. GENERAL PROOF REQUIREMENTS. An applicant for the issuance...

Section 301.152. Additional Proof Required for Letters Testamentary - Sec. 301.152. ADDITIONAL PROOF REQUIRED FOR LETTERS TESTAMENTARY. If letters...

Section 301.153. Additional Proof Required for Letters of Administration; Effect of Finding No Necessity for Administration Exists - Sec. 301.153. ADDITIONAL PROOF REQUIRED FOR LETTERS OF ADMINISTRATION; EFFECT...

Section 301.154. Proof Required When Letters Have Previously Been Granted - Sec. 301.154. PROOF REQUIRED WHEN LETTERS HAVE PREVIOUSLY BEEN GRANTED....

Section 301.155. Authorized Methods of Proof - Sec. 301.155. AUTHORIZED METHODS OF PROOF. A fact contained in...

Subchapter E. Prevention of Administration

Section 301.201. Method of Preventing Administration Requested by Creditor - Sec. 301.201. METHOD OF PREVENTING ADMINISTRATION REQUESTED BY CREDITOR. (a)...

Section 301.202. Suit on Bond - Sec. 301.202. SUIT ON BOND. Any creditor for whose protection...

Section 301.203. Bond Secured by Lien - Sec. 301.203. BOND SECURED BY LIEN. If a bond is...

Chapter 303 - Citations and Notices in General on Opening of Administration

Section 303.001. Citation on Application for Issuance of Letters of Administration - Sec. 303.001. CITATION ON APPLICATION FOR ISSUANCE OF LETTERS OF...

Section 303.002. Court Action Prohibited Before Service of Citation - Sec. 303.002. COURT ACTION PROHIBITED BEFORE SERVICE OF CITATION. A...

Chapter 304 - Persons Who May Serve as Personal Representatives

Section 304.001. Order of Persons Qualified to Serve as Personal Representative - Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS PERSONAL...

Section 304.002. Renouncing Right to Serve as Personal Representative - Sec. 304.002. RENOUNCING RIGHT TO SERVE AS PERSONAL REPRESENTATIVE. A...

Section 304.003. Persons Disqualified to Serve as Executor or Administrator - Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR....

Chapter 305 - Qualification of Personal Representatives

Subchapter A. General Provisions

Section 305.001. Definitions - Sec. 305.001. DEFINITIONS. In this chapter: (1) "Bond" means a...

Section 305.002. Manner of Qualification of Personal Representative - Sec. 305.002. MANNER OF QUALIFICATION OF PERSONAL REPRESENTATIVE. (a) A...

Section 305.003. Period for Taking Oath - Sec. 305.003. PERIOD FOR TAKING OATH. An oath may be...

Section 305.004. Period for Giving Bond - Sec. 305.004. PERIOD FOR GIVING BOND. (a) A bond may...

Subchapter B. Oaths

Section 305.051. Oath of Executor or Administrator With Will Annexed - Sec. 305.051. OATH OF EXECUTOR OR ADMINISTRATOR WITH WILL ANNEXED....

Section 305.052. Oath of Administrator - Sec. 305.052. OATH OF ADMINISTRATOR. Before the issuance of letters...

Section 305.053. Oath of Temporary Administrator - Sec. 305.053. OATH OF TEMPORARY ADMINISTRATOR. Before the issuance of...

Section 305.054. Administration of Oath - Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken...

Section 305.055. Filing and Recording of Oath - Sec. 305.055. FILING AND RECORDING OF OATH. An oath shall...

Subchapter C. General Provisions Relating to Bonds

Section 305.101. Bond Generally Required; Exceptions - Sec. 305.101. BOND GENERALLY REQUIRED; EXCEPTIONS. (a) Except as otherwise...

Section 305.102. Bond Required From Executor Otherwise Exempt - Sec. 305.102. BOND REQUIRED FROM EXECUTOR OTHERWISE EXEMPT. (a) This...

Section 305.103. Bonds of Joint Personal Representatives - Sec. 305.103. BONDS OF JOINT PERSONAL REPRESENTATIVES. If two or...

Section 305.104. Bond of Married Person - Sec. 305.104. BOND OF MARRIED PERSON. (a) A married person...

Section 305.105. Bond of Married Person Under 18 Years of Age - Sec. 305.105. BOND OF MARRIED PERSON UNDER 18 YEARS OF...

Section 305.106. General Formalities - Sec. 305.106. GENERAL FORMALITIES. A bond required under Section 305.101(a)...

Section 305.107. Subscription of Bond by Principals and Sureties - Sec. 305.107. SUBSCRIPTION OF BOND BY PRINCIPALS AND SURETIES. A...

Section 305.108. Form of Bond - Sec. 305.108. FORM OF BOND. The following form, or a...

Section 305.109. Filing of Bond - Sec. 305.109. FILING OF BOND. A bond required under Section...

Section 305.110. Failure to Give Bond - Sec. 305.110. FAILURE TO GIVE BOND. Another person may be...

Section 305.111. Bond Not Void on First Recovery - Sec. 305.111. BOND NOT VOID ON FIRST RECOVERY. A personal...

Subchapter D. Amount of Bond and Associated Deposits

Section 305.151. General Standard Regarding Amount of Bond - Sec. 305.151. GENERAL STANDARD REGARDING AMOUNT OF BOND. (a) The...

Section 305.152. Evidentiary Hearing on Amount of Bond - Sec. 305.152. EVIDENTIARY HEARING ON AMOUNT OF BOND. Before setting...

Section 305.153. Specific Bond Amount - Sec. 305.153. SPECIFIC BOND AMOUNT. (a) Except as otherwise provided...

Section 305.154. Agreement Regarding Deposit of Estate Assets - Sec. 305.154. AGREEMENT REGARDING DEPOSIT OF ESTATE ASSETS. (a) A...

Section 305.155. Deposit of Estate Assets on Terms Prescribed by Court - Sec. 305.155. DEPOSIT OF ESTATE ASSETS ON TERMS PRESCRIBED BY...

Section 305.156. Deposits of Personal Representative - Sec. 305.156. DEPOSITS OF PERSONAL REPRESENTATIVE. (a) Instead of giving...

Section 305.157. Receipt for Deposits of Personal Representative - Sec. 305.157. RECEIPT FOR DEPOSITS OF PERSONAL REPRESENTATIVE. (a) A...

Section 305.158. Bond Required Instead of Deposits by Personal Representative - Sec. 305.158. BOND REQUIRED INSTEAD OF DEPOSITS BY PERSONAL REPRESENTATIVE....

Section 305.159. Withdrawal of Deposits on Closing of Administration - Sec. 305.159. WITHDRAWAL OF DEPOSITS ON CLOSING OF ADMINISTRATION. (a)...

Section 305.160. Increased or Additional Bonds in Certain Circumstances - Sec. 305.160. INCREASED OR ADDITIONAL BONDS IN CERTAIN CIRCUMSTANCES. The...

Subchapter E. Bond Sureties

Section 305.201. Personal or Authorized Corporate Sureties - Sec. 305.201. PERSONAL OR AUTHORIZED CORPORATE SURETIES. (a) The surety...

Section 305.202. Sureties for Certain Bonds - Sec. 305.202. SURETIES FOR CERTAIN BONDS. (a) If the amount...

Section 305.203. Affidavit of Personal Surety - Sec. 305.203. AFFIDAVIT OF PERSONAL SURETY. (a) Before a judge...

Section 305.204. Lien on Real Property Owned by Personal Sureties - Sec. 305.204. LIEN ON REAL PROPERTY OWNED BY PERSONAL SURETIES....

Section 305.205. Subordination of Lien on Real Property Owned by Personal Sureties - Sec. 305.205. SUBORDINATION OF LIEN ON REAL PROPERTY OWNED BY...

Section 305.206. Release of Lien on Real Property Owned by Personal Sureties - Sec. 305.206. RELEASE OF LIEN ON REAL PROPERTY OWNED BY...

Section 305.207. Deposits by Personal Surety - Sec. 305.207. DEPOSITS BY PERSONAL SURETY. Instead of executing an...

Subchapter F. New Bonds

Section 305.251. Grounds for Requiring New Bond - Sec. 305.251. GROUNDS FOR REQUIRING NEW BOND. (a) A personal...

Section 305.252. Court Order or Citation on New Bond - Sec. 305.252. COURT ORDER OR CITATION ON NEW BOND. (a)...

Section 305.253. Show Cause Hearing on New Bond Requirement - Sec. 305.253. SHOW CAUSE HEARING ON NEW BOND REQUIREMENT. (a)...

Section 305.254. Effect of Order Requiring New Bond - Sec. 305.254. EFFECT OF ORDER REQUIRING NEW BOND. (a) An...

Section 305.255. New Bond in Decreased Amount - Sec. 305.255. NEW BOND IN DECREASED AMOUNT. (a) A personal...

Section 305.256. Request by Surety for New Bond - Sec. 305.256. REQUEST BY SURETY FOR NEW BOND. (a) A...

Section 305.257. Discharge of Former Sureties on Execution of New Bond - Sec. 305.257. DISCHARGE OF FORMER SURETIES ON EXECUTION OF NEW...

Chapter 306 - Granting and Issuance of Letters

Section 306.001. Granting of Letters Testamentary - Sec. 306.001. GRANTING OF LETTERS TESTAMENTARY. (a) Before the 21st...

Section 306.002. Granting of Letters of Administration - Sec. 306.002. GRANTING OF LETTERS OF ADMINISTRATION. (a) Subject to...

Section 306.003. Order Granting Letters - Sec. 306.003. ORDER GRANTING LETTERS. When letters testamentary or of...

Section 306.004. Issuance of Original Letters - Sec. 306.004. ISSUANCE OF ORIGINAL LETTERS. When an executor or...

Section 306.005. Form and Content of Letters - Sec. 306.005. FORM AND CONTENT OF LETTERS. Letters testamentary or...

Section 306.006. Replacement and Other Additional Letters - Sec. 306.006. REPLACEMENT AND OTHER ADDITIONAL LETTERS. When letters testamentary...

Section 306.007. Effect of Letters or Certificate - Sec. 306.007. EFFECT OF LETTERS OR CERTIFICATE. Letters testamentary or...

Chapter 307 - Validity of Certain Acts of Executors and Administrators

Section 307.001. Rights of Good Faith Purchasers - Sec. 307.001. RIGHTS OF GOOD FAITH PURCHASERS. (a) This section...

Section 307.002. Joint Executors or Administrators - Sec. 307.002. JOINT EXECUTORS OR ADMINISTRATORS. (a) Except as provided...

Chapter 308 - Notice to Beneficiaries and Claimants

Subchapter A. Notice to Certain Beneficiaries After Probate of Will

Section 308.001. Definition - Sec. 308.001. DEFINITION. In this subchapter, "beneficiary" means a person,...

Section 308.0015. Application - Sec. 308.0015. APPLICATION. This subchapter does not apply to the...

Section 308.002. Required Notice to Certain Beneficiaries After Probate of Will - Sec. 308.002. REQUIRED NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF...

Section 308.003. Contents of Notice - Sec. 308.003. CONTENTS OF NOTICE. The notice required by Section...

Section 308.004. Affidavit or Certificate - Sec. 308.004. AFFIDAVIT OR CERTIFICATE. (a) Not later than the...

Subchapter B. Notice to Claimants

Section 308.051. Required Notice Regarding Presentment of Claims in General - Sec. 308.051. REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL....

Section 308.052. Proof of Publication - Sec. 308.052. PROOF OF PUBLICATION. A copy of the published...

Section 308.053. Required Notice to Secured Creditor - Sec. 308.053. REQUIRED NOTICE TO SECURED CREDITOR. (a) Within two...

Section 308.054. Permissive Notice to Unsecured Creditor - Sec. 308.054. PERMISSIVE NOTICE TO UNSECURED CREDITOR. (a) At any...

Section 308.055. One Notice Sufficient - Sec. 308.055. ONE NOTICE SUFFICIENT. A personal representative is not...

Section 308.056. Liability for Failure to Give Required Notice - Sec. 308.056. LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE. A...

Chapter 309 - Inventory, Appraisement, and List of Claims

Subchapter A. Appraisers

Section 309.001. Appointment of Appraisers - Sec. 309.001. APPOINTMENT OF APPRAISERS. (a) At any time after...

Section 309.002. Appraisers' Fees - Sec. 309.002. APPRAISERS' FEES. An appraiser appointed by the court...

Section 309.003. Failure or Refusal to Act by Appraisers - Sec. 309.003. FAILURE OR REFUSAL TO ACT BY APPRAISERS. If...

Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Section 309.051. Inventory and Appraisement - Sec. 309.051. INVENTORY AND APPRAISEMENT. (a) Except as provided by...

Section 309.052. List of Claims - Sec. 309.052. LIST OF CLAIMS. A complete list of claims...

Section 309.053. Affidavit of Personal Representative - Sec. 309.053. AFFIDAVIT OF PERSONAL REPRESENTATIVE. The personal representative shall...

Section 309.054. Approval or Disapproval by the Court - Sec. 309.054. APPROVAL OR DISAPPROVAL BY THE COURT. (a) On...

Section 309.055. Failure of Joint Personal Representatives to File Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims - Sec. 309.055. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO FILE INVENTORY,...

Section 309.056. Affidavit in Lieu of Inventory, Appraisement, and List of Claims - Sec. 309.056. AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST...

Section 309.057. Penalty for Failure to Timely File Inventory, Appraisement, and List of Claims or Affidavit in Lieu Of - Sec. 309.057. PENALTY FOR FAILURE TO TIMELY FILE INVENTORY, APPRAISEMENT,...

Section 309.0575. Penalty for Misrepresentation in Affidavit in Lieu of Inventory, Appraisement, and List of Claims - Sec. 309.0575. PENALTY FOR MISREPRESENTATION IN AFFIDAVIT IN LIEU OF...

Subchapter C. Changes to Inventory, Appraisement, and List of Claims

Section 309.101. Discovery of Additional Property or Claims - Sec. 309.101. DISCOVERY OF ADDITIONAL PROPERTY OR CLAIMS. (a) If...

Section 309.102. Additional Inventory and Appraisement or List of Claims - Sec. 309.102. ADDITIONAL INVENTORY AND APPRAISEMENT OR LIST OF CLAIMS....

Section 309.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item - Sec. 309.103. CORRECTION OF INVENTORY, APPRAISEMENT, OR LIST OF CLAIMS...

Section 309.104. Reappraisement - Sec. 309.104. REAPPRAISEMENT. (a) A reappraisement made, filed, and approved...

Subchapter D. Use of Inventory, Appraisement, and List of Claims as Evidence

Section 309.151. Use of Inventory, Appraisement, and List of Claims as Evidence - Sec. 309.151. USE OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS...

Chapter 310 - Allocation of Estate Income and Expenses

Section 310.001. Definition - Sec. 310.001. DEFINITION. In this chapter, "undistributed assets" includes funds...

Section 310.002. Applicability of Other Law - Sec. 310.002. APPLICABILITY OF OTHER LAW. Chapter 116, Property Code,...

Section 310.003. Allocation of Expenses - Sec. 310.003. ALLOCATION OF EXPENSES. (a) Except as provided by...

Section 310.004. Income Determination and Distribution - Sec. 310.004. INCOME DETERMINATION AND DISTRIBUTION. (a) Unless a will...

Section 310.005. Treatment of Income Received by Trustee - Sec. 310.005. TREATMENT OF INCOME RECEIVED BY TRUSTEE. Income received...

Section 310.006. Frequency and Method of Determining Interests in Certain Estate Assets - Sec. 310.006. FREQUENCY AND METHOD OF DETERMINING INTERESTS IN CERTAIN...

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Texas Statutes Title 2 - Estates of Decedents; Durable Powers of Attorney Subtitle G - Initial Appointment of Personal Representative and Opening of Administration

Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle G - Initial Appointment of Personal Representative and Opening of Administration