Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration

Section 351.003. Certain Costs Adjudged Against Personal Representative - Sec. 351.003. CERTAIN COSTS ADJUDGED AGAINST PERSONAL REPRESENTATIVE. If a...

Subchapter B. General Authority of Personal Representatives

Section 351.051. Exercise of Authority Under Court Order - Sec. 351.051. EXERCISE OF AUTHORITY UNDER COURT ORDER. (a) A...

Section 351.052. Exercise of Authority Without Court Order - Sec. 351.052. EXERCISE OF AUTHORITY WITHOUT COURT ORDER. (a) A...

Section 351.053. Authority to Serve Pending Appeal of Appointment - Sec. 351.053. AUTHORITY TO SERVE PENDING APPEAL OF APPOINTMENT. Pending...

Section 351.054. Authority to Commence Suits - Sec. 351.054. AUTHORITY TO COMMENCE SUITS. (a) An executor or...

Subchapter C. Possession and Care of Estate Property

Section 351.101. Duty of Care - Sec. 351.101. DUTY OF CARE. An executor or administrator of...

Section 351.102. Possession of Personal Property and Records - Sec. 351.102. POSSESSION OF PERSONAL PROPERTY AND RECORDS. (a) Immediately...

Section 351.103. Possession of Property Held in Common Ownership - Sec. 351.103. POSSESSION OF PROPERTY HELD IN COMMON OWNERSHIP. If...

Section 351.104. Administration of Partnership Interest - Sec. 351.104. ADMINISTRATION OF PARTNERSHIP INTEREST. (a) If a decedent...

Section 351.105. Holding of Stocks, Bonds, and Other Personal Property in Nominee's Name - Sec. 351.105. HOLDING OF STOCKS, BONDS, AND OTHER PERSONAL PROPERTY...

Section 351.106. Digital Assets - Sec. 351.106. DIGITAL ASSETS. A personal representative of a decedent's...

Subchapter D. Collection of Claims; Recovery of Property

Section 351.151. Ordinary Diligence Required - Sec. 351.151. ORDINARY DILIGENCE REQUIRED. (a) If there is a...

Section 351.152. Contingent Interest for Certain Attorney's Fees; Court Approval - Sec. 351.152. CONTINGENT INTEREST FOR CERTAIN ATTORNEY'S FEES; COURT APPROVAL....

Section 351.153. Recovery of Certain Expenses - Sec. 351.153. RECOVERY OF CERTAIN EXPENSES. On proof satisfactory to...

Subchapter E. Operation of Business

Section 351.201. Definition - Sec. 351.201. DEFINITION. In this subchapter, "business" includes a farm,...

Section 351.202. Order Requiring Personal Representative to Operate Business - Sec. 351.202. ORDER REQUIRING PERSONAL REPRESENTATIVE TO OPERATE BUSINESS. (a)...

Section 351.203. Powers of Personal Representative Regarding Business - Sec. 351.203. POWERS OF PERSONAL REPRESENTATIVE REGARDING BUSINESS. (a) A...

Section 351.204. Fiduciary Duties of Personal Representative Regarding Business - Sec. 351.204. FIDUCIARY DUTIES OF PERSONAL REPRESENTATIVE REGARDING BUSINESS. (a)...

Section 351.205. Real Property of Business; Notice - Sec. 351.205. REAL PROPERTY OF BUSINESS; NOTICE. (a) A personal...

Subchapter F. Authority to Engage in Certain Borrowing

Section 351.251. Mortgage or Pledge of Estate Property Authorized in Certain Circumstances - Sec. 351.251. MORTGAGE OR PLEDGE OF ESTATE PROPERTY AUTHORIZED IN...

Section 351.252. Application; Order - Sec. 351.252. APPLICATION; ORDER. (a) If necessary to borrow money...

Section 351.253. Term of Loan or Lien Extension - Sec. 351.253. TERM OF LOAN OR LIEN EXTENSION. Except as...

Subchapter G. Payment of Income of Certain Estates During Administration

Section 351.301. Applicability of Subchapter - Sec. 351.301. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to...

Section 351.302. Application and Order for Payment of Certain Estate Income - Sec. 351.302. APPLICATION AND ORDER FOR PAYMENT OF CERTAIN ESTATE...

Section 351.303. Treatment of Certain Amounts Received From Mineral Lease - Sec. 351.303. TREATMENT OF CERTAIN AMOUNTS RECEIVED FROM MINERAL LEASE....

Subchapter H. Certain Administered Estates

Section 351.351. Applicability - Sec. 351.351. APPLICABILITY. This subchapter does not apply to: (1)...

Section 351.352. Ensuring Compliance With Law - Sec. 351.352. ENSURING COMPLIANCE WITH LAW. A county or probate...

Section 351.353. Annual Examination of Certain Estates; Bond of Personal Representative - Sec. 351.353. ANNUAL EXAMINATION OF CERTAIN ESTATES; BOND OF PERSONAL...

Section 351.354. Judge's Liability - Sec. 351.354. JUDGE'S LIABILITY. A judge is liable on the...

Section 351.355. Identifying Information - Sec. 351.355. IDENTIFYING INFORMATION. (a) The court may request an...

Chapter 352 - Compensation and Expenses of Personal Representatives and Others

Subchapter A. Compensation of Personal Representatives

Section 352.001. Definition - Sec. 352.001. DEFINITION. In this subchapter, "financial institution" means an...

Section 352.002. Standard Compensation - Sec. 352.002. STANDARD COMPENSATION. (a) An executor, administrator, or temporary...

Section 352.003. Alternate Compensation - Sec. 352.003. ALTERNATE COMPENSATION. (a) The court may allow an...

Section 352.004. Denial of Compensation - Sec. 352.004. DENIAL OF COMPENSATION. The court may, on application...

Subchapter B. Expenses of Personal Representatives and Others

Section 352.051. Expenses; Attorney's Fees - Sec. 352.051. EXPENSES; ATTORNEY'S FEES. On proof satisfactory to the...

Section 352.052. Allowance for Defense or Successful Contest of Will - Sec. 352.052. ALLOWANCE FOR DEFENSE OR SUCCESSFUL CONTEST OF WILL....

Section 352.053. Expense Charges - Sec. 352.053. EXPENSE CHARGES. (a) The court shall act on...

Chapter 353 - Exempt Property and Family Allowance

Subchapter A. General Provisions

Section 353.001. Treatment of Certain Children - Sec. 353.001. TREATMENT OF CERTAIN CHILDREN. For purposes of distributing...

Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property

Section 353.051. Exempt Property to Be Set Aside - Sec. 353.051. EXEMPT PROPERTY TO BE SET ASIDE. (a) Unless...

Section 353.052. Delivery of Exempt Property - Sec. 353.052. DELIVERY OF EXEMPT PROPERTY. (a) This section only...

Section 353.053. Allowance in Lieu of Exempt Property - Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) If...

Section 353.054. Payment of Allowance in Lieu of Exempt Property - Sec. 353.054. PAYMENT OF ALLOWANCE IN LIEU OF EXEMPT PROPERTY....

Section 353.055. Method of Paying Allowance in Lieu of Exempt Property - Sec. 353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT...

Section 353.056. Sale of Property to Raise Funds for Allowance in Lieu of Exempt Property - Sec. 353.056. SALE OF PROPERTY TO RAISE FUNDS FOR ALLOWANCE...

Subchapter C. Family Allowance

Section 353.101. Family Allowance - Sec. 353.101. FAMILY ALLOWANCE. (a) Unless an application and verified...

Section 353.102. Amount and Method of Payment of Family Allowance - Sec. 353.102. AMOUNT AND METHOD OF PAYMENT OF FAMILY ALLOWANCE....

Section 353.103. Order Fixing Family Allowance - Sec. 353.103. ORDER FIXING FAMILY ALLOWANCE. When a family allowance...

Section 353.104. Preference of Family Allowance - Sec. 353.104. PREFERENCE OF FAMILY ALLOWANCE. The family allowance made...

Section 353.105. Payment of Family Allowance - Sec. 353.105. PAYMENT OF FAMILY ALLOWANCE. (a) The executor or...

Section 353.106. Surviving Spouse, Minor Children, or Adult Incapacitated Children May Take Personal Property for Family Allowance - Sec. 353.106. SURVIVING SPOUSE, MINOR CHILDREN, OR ADULT INCAPACITATED CHILDREN...

Section 353.107. Sale of Estate Property to Raise Funds for Family Allowance - Sec. 353.107. SALE OF ESTATE PROPERTY TO RAISE FUNDS FOR...

Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance

Section 353.151. Liens - Sec. 353.151. LIENS. (a) This section applies to all estates,...

Section 353.152. Distribution of Exempt Property of Solvent Estate - Sec. 353.152. DISTRIBUTION OF EXEMPT PROPERTY OF SOLVENT ESTATE. If...

Section 353.153. Title to Property of Insolvent Estate - Sec. 353.153. TITLE TO PROPERTY OF INSOLVENT ESTATE. If on...

Section 353.154. Certain Property Not Considered in Determining Solvency - Sec. 353.154. CERTAIN PROPERTY NOT CONSIDERED IN DETERMINING SOLVENCY. In...

Section 353.155. Exempt Property Liable for Certain Debts - Sec. 353.155. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS. The exempt...

Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates

Subchapter A. Summary Proceedings for Certain Small Estates

Section 354.001. Summary Proceedings for Certain Small Estates - Sec. 354.001. SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES. (a) If,...

Subchapter B. Withdrawal From Administration of Certain Estates

Section 354.051. Required Report on Condition of Estate - Sec. 354.051. REQUIRED REPORT ON CONDITION OF ESTATE. At any...

Section 354.052. Bond Required to Withdraw Estate From Administration - Sec. 354.052. BOND REQUIRED TO WITHDRAW ESTATE FROM ADMINISTRATION. After...

Section 354.053. Order for Delivery of Estate - Sec. 354.053. ORDER FOR DELIVERY OF ESTATE. On the giving...

Section 354.054. Order of Discharge - Sec. 354.054. ORDER OF DISCHARGE. After an estate has been...

Section 354.055. Lien on Property of Estate Withdrawn From Administration - Sec. 354.055. LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM ADMINISTRATION....

Section 354.056. Partition of Estate Withdrawn From Administration - Sec. 354.056. PARTITION OF ESTATE WITHDRAWN FROM ADMINISTRATION. On written...

Section 354.057. Creditors Entitled to Sue on Bond - Sec. 354.057. CREDITORS ENTITLED TO SUE ON BOND. A creditor...

Section 354.058. Creditors May Sue Distributees - Sec. 354.058. CREDITORS MAY SUE DISTRIBUTEES. (a) A creditor of...

Chapter 355 - Presentment and Payment of Claims

Subchapter A. Presentment of Claims Against Estates in General

Section 355.001. Presentment of Claim to Personal Representative - Sec. 355.001. PRESENTMENT OF CLAIM TO PERSONAL REPRESENTATIVE. A claim...

Section 355.002. Presentment of Claim to Clerk - Sec. 355.002. PRESENTMENT OF CLAIM TO CLERK. (a) A claim...

Section 355.003. Inclusion of Attorney's Fees in Claim - Sec. 355.003. INCLUSION OF ATTORNEY'S FEES IN CLAIM. If the...

Section 355.004. Affidavit Authenticating Claim for Money in General - Sec. 355.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN GENERAL. (a)...

Section 355.005. Affidavit Authenticating Claim of Corporation or Other Entity - Sec. 355.005. AFFIDAVIT AUTHENTICATING CLAIM OF CORPORATION OR OTHER ENTITY....

Section 355.006. Lost or Destroyed Evidence Concerning Claim - Sec. 355.006. LOST OR DESTROYED EVIDENCE CONCERNING CLAIM. If evidence...

Section 355.007. Waiver of Certain Defects of Form or Claims of Insufficiency - Sec. 355.007. WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS...

Section 355.008. Effect on Statutes of Limitation of Presentment of or Suit on Claim - Sec. 355.008. EFFECT ON STATUTES OF LIMITATION OF PRESENTMENT OF...

Subchapter B. Action on Claims

Section 355.051. Allowance or Rejection of Claim - Sec. 355.051. ALLOWANCE OR REJECTION OF CLAIM. A personal representative...

Section 355.052. Failure to Timely Allow or Reject Claim - Sec. 355.052. FAILURE TO TIMELY ALLOW OR REJECT CLAIM. The...

Section 355.053. Claim Entered on Claim Docket - Sec. 355.053. CLAIM ENTERED ON CLAIM DOCKET. After a claim...

Section 355.054. Contest of Claim - Sec. 355.054. CONTEST OF CLAIM. (a) A person interested in...

Section 355.055. Court's Action on Claim - Sec. 355.055. COURT'S ACTION ON CLAIM. The court shall: (1)...

Section 355.056. Hearing on Certain Claims - Sec. 355.056. HEARING ON CERTAIN CLAIMS. (a) If a claim...

Section 355.057. Court Order Regarding Action on Claim - Sec. 355.057. COURT ORDER REGARDING ACTION ON CLAIM. (a) The...

Section 355.058. Appeal of Court's Action on Claim - Sec. 355.058. APPEAL OF COURT'S ACTION ON CLAIM. A claimant...

Section 355.059. Allowance and Approval Prohibited Without Affidavit - Sec. 355.059. ALLOWANCE AND APPROVAL PROHIBITED WITHOUT AFFIDAVIT. A personal...

Section 355.060. Unsecured Claims Barred Under Certain Circumstances - Sec. 355.060. UNSECURED CLAIMS BARRED UNDER CERTAIN CIRCUMSTANCES. If a...

Section 355.061. Allowing Barred Claim Prohibited: Court Disapproval - Sec. 355.061. ALLOWING BARRED CLAIM PROHIBITED: COURT DISAPPROVAL. (a) A...

Section 355.062. Certain Actions on Claims With Lost or Destroyed Evidence Void - Sec. 355.062. CERTAIN ACTIONS ON CLAIMS WITH LOST OR DESTROYED...

Section 355.063. Claims Not Allowed After Order for Partition and Distribution - Sec. 355.063. CLAIMS NOT ALLOWED AFTER ORDER FOR PARTITION AND...

Section 355.064. Suit on Rejected Claim - Sec. 355.064. SUIT ON REJECTED CLAIM. (a) A claim or...

Section 355.065. Presentment of Claim Prerequisite for Judgment - Sec. 355.065. PRESENTMENT OF CLAIM PREREQUISITE FOR JUDGMENT. A judgment...

Section 355.066. Judgment in Suit on Rejected Claim - Sec. 355.066. JUDGMENT IN SUIT ON REJECTED CLAIM. No execution...

Subchapter C. Payment of Claims, Allowances, and Expenses

Section 355.101. Approval or Establishment of Claim Required for Payment - Sec. 355.101. APPROVAL OR ESTABLISHMENT OF CLAIM REQUIRED FOR PAYMENT....

Section 355.102. Claims Classification; Priority of Payment - Sec. 355.102. CLAIMS CLASSIFICATION; PRIORITY OF PAYMENT. (a) Claims against...

Section 355.103. Priority of Certain Payments - Sec. 355.103. PRIORITY OF CERTAIN PAYMENTS. When a personal representative...

Section 355.104. Payment of Proceeds From Sale of Property Securing Debt - Sec. 355.104. PAYMENT OF PROCEEDS FROM SALE OF PROPERTY SECURING...

Section 355.105. Claimant's Petition for Allowance and Payment of Claim - Sec. 355.105. CLAIMANT'S PETITION FOR ALLOWANCE AND PAYMENT OF CLAIM....

Section 355.106. Order for Payment of Claim Obtained by Personal Representative - Sec. 355.106. ORDER FOR PAYMENT OF CLAIM OBTAINED BY PERSONAL...

Section 355.107. Order for Payment of Claim Obtained by Creditor - Sec. 355.107. ORDER FOR PAYMENT OF CLAIM OBTAINED BY CREDITOR....

Section 355.108. Payment When Assets Insufficient to Pay Claims of Same Class - Sec. 355.108. PAYMENT WHEN ASSETS INSUFFICIENT TO PAY CLAIMS OF...

Section 355.109. Abatement of Bequests - Sec. 355.109. ABATEMENT OF BEQUESTS. (a) Except as provided by...

Section 355.110. Allocation of Funeral Expenses - Sec. 355.110. ALLOCATION OF FUNERAL EXPENSES. A personal representative paying...

Section 355.111. Payment of Court Costs Relating to Claim - Sec. 355.111. PAYMENT OF COURT COSTS RELATING TO CLAIM. All...

Section 355.112. Joint Obligation for Payment of Certain Debts - Sec. 355.112. JOINT OBLIGATION FOR PAYMENT OF CERTAIN DEBTS. On...

Section 355.113. Liability for Nonpayment of Claim - Sec. 355.113. LIABILITY FOR NONPAYMENT OF CLAIM. (a) A person...

Subchapter D. Presentment and Payment of Secured Claims for Money

Section 355.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien - Sec. 355.151. OPTION TO TREAT CLAIM AS MATURED SECURED CLAIM...

Section 355.152. Period for Specifying Treatment of Secured Claim - Sec. 355.152. PERIOD FOR SPECIFYING TREATMENT OF SECURED CLAIM. (a)...

Section 355.153. Payment of Matured Secured Claim - Sec. 355.153. PAYMENT OF MATURED SECURED CLAIM. (a) A claim...

Section 355.154. Preferred Debt and Lien - Sec. 355.154. PREFERRED DEBT AND LIEN. When a claim for...

Section 355.155. Payment of Maturities on Preferred Debt and Lien - Sec. 355.155. PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN....

Section 355.1551. Claim Holder Duty to Possess or Sell Within Reasonable Time - Sec. 355.1551. CLAIM HOLDER DUTY TO POSSESS OR SELL WITHIN...

Section 355.156. Affidavit Required for Foreclosure - Sec. 355.156. AFFIDAVIT REQUIRED FOR FORECLOSURE. An application by a...

Section 355.157. Citation on Application - Sec. 355.157. CITATION ON APPLICATION. (a) The clerk shall issue...

Section 355.158. Hearing on Application - Sec. 355.158. HEARING ON APPLICATION. (a) The clerk shall immediately...

Section 355.159. Manner of Foreclosure; Minimum Price - Sec. 355.159. MANNER OF FORECLOSURE; MINIMUM PRICE. (a) When the...

Section 355.160. Unsuccessful Foreclosure; Subsequent Application - Sec. 355.160. UNSUCCESSFUL FORECLOSURE; SUBSEQUENT APPLICATION. If property that is...

Subchapter E. Claims Involving Personal Representatives

Section 355.201. Claim by Personal Representative - Sec. 355.201. CLAIM BY PERSONAL REPRESENTATIVE. (a) The provisions of...

Section 355.202. Claims Against Personal Representatives - Sec. 355.202. CLAIMS AGAINST PERSONAL REPRESENTATIVES. (a) The naming of...

Section 355.203. Purchase of Claim by Personal Representative Prohibited - Sec. 355.203. PURCHASE OF CLAIM BY PERSONAL REPRESENTATIVE PROHIBITED. (a)...

Chapter 356 - Sale of Estate Property

Subchapter A. General Provisions

Section 356.001. Court Order Authorizing Sale - Sec. 356.001. COURT ORDER AUTHORIZING SALE. (a) Except as provided...

Section 356.002. Sale Authorized by Will - Sec. 356.002. SALE AUTHORIZED BY WILL. (a) Subject to Subsection...

Subchapter B. Certain Estate Property Required to Be Sold

Section 356.051. Sale of Certain Personal Property Required - Sec. 356.051. SALE OF CERTAIN PERSONAL PROPERTY REQUIRED. (a) After...

Subchapter C. Sale of Personal Property

Section 356.101. Order for Sale - Sec. 356.101. ORDER FOR SALE. (a) Except as provided by...

Section 356.102. Requirements for Application and Order - Sec. 356.102. REQUIREMENTS FOR APPLICATION AND ORDER. To the extent...

Section 356.103. Sale at Public Auction - Sec. 356.103. SALE AT PUBLIC AUCTION. Unless the court directs...

Section 356.104. Sale on Credit - Sec. 356.104. SALE ON CREDIT. (a) Estate personal property may...

Section 356.105. Report; Evidence of Title - Sec. 356.105. REPORT; EVIDENCE OF TITLE. (a) A sale of...

Subchapter D. Sale of Livestock

Section 356.151. Authority for Sale - Sec. 356.151. AUTHORITY FOR SALE. (a) A personal representative of...

Section 356.152. Contents of Application; Hearing - Sec. 356.152. CONTENTS OF APPLICATION; HEARING. (a) An application under...

Section 356.153. Grant of Application - Sec. 356.153. GRANT OF APPLICATION. If the court grants an...

Section 356.154. Report; Passage of Title - Sec. 356.154. REPORT; PASSAGE OF TITLE. The personal representative of...

Section 356.155. Commission Merchant Fees - Sec. 356.155. COMMISSION MERCHANT FEES. A commission merchant shall be...

Subchapter E. Sale of Mortgaged Property

Section 356.201. Application for Sale of Mortgaged Property - Sec. 356.201. APPLICATION FOR SALE OF MORTGAGED PROPERTY. A creditor...

Section 356.202. Citation - Sec. 356.202. CITATION. On the filing of an application under...

Section 356.203. Order - Sec. 356.203. ORDER. The court may order the lien securing...

Subchapter F. Sale of Real Property: Application and Order for Sale

Section 356.251. Application for Order of Sale - Sec. 356.251. APPLICATION FOR ORDER OF SALE. An application may...

Section 356.252. Contents of Application - Sec. 356.252. CONTENTS OF APPLICATION. An application for the sale...

Section 356.253. Citation - Sec. 356.253. CITATION. On the filing of an application and...

Section 356.254. Opposition to Sale - Sec. 356.254. OPPOSITION TO SALE. During the period prescribed in...

Section 356.255. Hearing on Application and Any Opposition - Sec. 356.255. HEARING ON APPLICATION AND ANY OPPOSITION. (a) The...

Section 356.256. Order - Sec. 356.256. ORDER. (a) The court shall order the sale...

Section 356.257. Sale for Payment of Debts - Sec. 356.257. SALE FOR PAYMENT OF DEBTS. Estate real property...

Subchapter G. Sale of Real Estate: Terms of Sale

Section 356.301. Permissible Terms - Sec. 356.301. PERMISSIBLE TERMS. Real estate of an estate may...

Section 356.302. Sale on Credit - Sec. 356.302. SALE ON CREDIT. (a) The cash payment for...

Subchapter H. Reconveyance of Real Estate Following Foreclosure

Section 356.351. Applicability of Subchapter - Sec. 356.351. APPLICABILITY OF SUBCHAPTER. This subchapter applies only to...

Section 356.352. Application and Order for Reconveyance - Sec. 356.352. APPLICATION AND ORDER FOR RECONVEYANCE. On proper application...

Section 356.353. Exchange for Bonds - Sec. 356.353. EXCHANGE FOR BONDS. (a) If a court orders...

Subchapter I. Sale of Real Estate: Public Auction

Section 356.401. Method of Sale; Required Notice - Sec. 356.401. METHOD OF SALE; REQUIRED NOTICE. (a) A public...

Section 356.402. Completion of Auction - Sec. 356.402. COMPLETION OF AUCTION. A public auction of real...

Section 356.403. Time and Place of Auction - Sec. 356.403. TIME AND PLACE OF AUCTION. (a) Except as...

Section 356.404. Continuance of Auction - Sec. 356.404. CONTINUANCE OF AUCTION. (a) A public auction of...

Section 356.405. Failure of Bidder to Comply - Sec. 356.405. FAILURE OF BIDDER TO COMPLY. (a) If a...

Subchapter J. Sale of Real Estate: Contract for Private Sale

Section 356.451. Terms of Sale - Sec. 356.451. TERMS OF SALE. The personal representative of an...

Subchapter K. Sale of Easement or Right-of-Way

Section 356.501. Authorization - Sec. 356.501. AUTHORIZATION. Easements and rights-of-way on, under, and over...

Section 356.502. Procedure - Sec. 356.502. PROCEDURE. The procedure for the sale of an...

Subchapter L. Approval of Sale of Real Property and Transfer of Title

Section 356.551. Report - Sec. 356.551. REPORT. A successful bid or contract for the...

Section 356.552. Action of Court on Report - Sec. 356.552. ACTION OF COURT ON REPORT. After the expiration...

Section 356.553. Approval of Sale When Bond Not Required - Sec. 356.553. APPROVAL OF SALE WHEN BOND NOT REQUIRED. If...

Section 356.554. Sufficiency of Bond - Sec. 356.554. SUFFICIENCY OF BOND. (a) If the personal representative...

Section 356.555. Increased or Additional Bond Not Required - Sec. 356.555. INCREASED OR ADDITIONAL BOND NOT REQUIRED. Notwithstanding Sections...

Section 356.556. Approval or Disapproval Order - Sec. 356.556. APPROVAL OR DISAPPROVAL ORDER. (a) If the court...

Section 356.557. Deed - Sec. 356.557. DEED. Real estate of an estate that is...

Section 356.558. Delivery of Deed - Sec. 356.558. DELIVERY OF DEED. (a) After the court has...

Section 356.559. Damages; Removal - Sec. 356.559. DAMAGES; REMOVAL. (a) If the personal representative of...

Subchapter M. Procedure on Failure to Apply for Sale

Section 356.601. Failure to Apply for Sale - Sec. 356.601. FAILURE TO APPLY FOR SALE. If the personal...

Section 356.602. Court Order - Sec. 356.602. COURT ORDER. On hearing an application under Section...

Subchapter N. Purchase of Property by Personal Representative

Section 356.651. General Prohibition on Purchase - Sec. 356.651. GENERAL PROHIBITION ON PURCHASE. Except as otherwise provided...

Section 356.652. Exception: Authorization in Will - Sec. 356.652. EXCEPTION: AUTHORIZATION IN WILL. A personal representative of...

Section 356.653. Exception: Executory Contract - Sec. 356.653. EXCEPTION: EXECUTORY CONTRACT. A personal representative of a...

Section 356.654. Exception: Best Interest of Estate - Sec. 356.654. EXCEPTION: BEST INTEREST OF ESTATE. (a) Subject to...

Section 356.655. Purchase in Violation of Subchapter - Sec. 356.655. PURCHASE IN VIOLATION OF SUBCHAPTER. (a) If a...

Chapter 357 - Renting Estate Property

Subchapter A. Rental and Return of Estate Property

Section 357.001. Renting Estate Property Without Court Order - Sec. 357.001. RENTING ESTATE PROPERTY WITHOUT COURT ORDER. (a) The...

Section 357.002. Renting Estate Property With Court Order - Sec. 357.002. RENTING ESTATE PROPERTY WITH COURT ORDER. (a) The...

Section 357.003. Estate Property Rented on Credit - Sec. 357.003. ESTATE PROPERTY RENTED ON CREDIT. Possession of estate...

Section 357.004. Condition of Returned Estate Property - Sec. 357.004. CONDITION OF RETURNED ESTATE PROPERTY. (a) Estate property...

Section 357.005. Complaint for Failure to Rent - Sec. 357.005. COMPLAINT FOR FAILURE TO RENT. (a) Any person...

Subchapter B. Report on Rented Estate Property

Section 357.051. Reports Concerning Rentals - Sec. 357.051. REPORTS CONCERNING RENTALS. (a) A personal representative of...

Section 357.052. Court Action on Report - Sec. 357.052. COURT ACTION ON REPORT. (a) At any time...

Chapter 358 - Matters Relating to Mineral Properties

Subchapter A. General Provisions

Section 358.001. Definitions - Sec. 358.001. DEFINITIONS. In this chapter: (1) "Gas" includes all...

Subchapter B. Mineral Leases After Public Notice

Section 358.051. Authorization for Leasing of Minerals - Sec. 358.051. AUTHORIZATION FOR LEASING OF MINERALS. (a) The court...

Section 358.052. Lease Application - Sec. 358.052. LEASE APPLICATION. (a) The personal representative of an...

Section 358.053. Scheduling of Hearing on Application; Continuance - Sec. 358.053. SCHEDULING OF HEARING ON APPLICATION; CONTINUANCE. (a) Immediately...

Section 358.054. Notice of Hearing on Application - Sec. 358.054. NOTICE OF HEARING ON APPLICATION. (a) At least...

Section 358.055. Requirements Regarding Order and Notice Mandatory - Sec. 358.055. REQUIREMENTS REGARDING ORDER AND NOTICE MANDATORY. An order...

Section 358.056. Hearing on Application; Order - Sec. 358.056. HEARING ON APPLICATION; ORDER. (a) At the time...

Section 358.057. Making of Lease on Granting of Application - Sec. 358.057. MAKING OF LEASE ON GRANTING OF APPLICATION. (a)...

Section 358.058. Bond Requirements - Sec. 358.058. BOND REQUIREMENTS. (a) Unless the personal representative of...

Section 358.059. Term of Lease Binding - Sec. 358.059. TERM OF LEASE BINDING. (a) A lease executed...

Subchapter C. Mineral Leases at Private Sale

Section 358.101. Authorization for Leasing of Minerals at Private Sale - Sec. 358.101. AUTHORIZATION FOR LEASING OF MINERALS AT PRIVATE SALE....

Section 358.102. Action of Court if Public Advertising Not Required - Sec. 358.102. ACTION OF COURT IF PUBLIC ADVERTISING NOT REQUIRED....

Subchapter D. Pooling or Unitization of Royalties or Minerals

Section 358.151. Authorization for Pooling or Unitization - Sec. 358.151. AUTHORIZATION FOR POOLING OR UNITIZATION. (a) If an...

Section 358.152. Pooling or Unitization Application - Sec. 358.152. POOLING OR UNITIZATION APPLICATION. (a) The personal representative...

Section 358.153. Notice Not Required - Sec. 358.153. NOTICE NOT REQUIRED. Notice by advertising, citation, or...

Section 358.154. Hearing on Application - Sec. 358.154. HEARING ON APPLICATION. (a) The judge may hold...

Section 358.155. Action of Court and Contents of Order - Sec. 358.155. ACTION OF COURT AND CONTENTS OF ORDER. (a)...

Subchapter E. Special Ancillary Instruments That May Be Executed Without Court Order

Section 358.201. Authorization for Execution of Agreements - Sec. 358.201. AUTHORIZATION FOR EXECUTION OF AGREEMENTS. As to any...

Subchapter F. Procedure if Personal Representative of Estate Neglects to Apply for Authority

Section 358.251. Application to Show Cause - Sec. 358.251. APPLICATION TO SHOW CAUSE. If the personal representative...

Section 358.252. Hearing on Application - Sec. 358.252. HEARING ON APPLICATION. (a) The county clerk shall...

Section 358.253. Order - Sec. 358.253. ORDER. On a hearing conducted under Section 358.252,...

Section 358.254. Procedure to Be Followed After Entry of Order - Sec. 358.254. PROCEDURE TO BE FOLLOWED AFTER ENTRY OF ORDER....

Chapter 359 - Annual Account and Other Exhibits and Reports

Subchapter A. Annual Account and Other Exhibits

Section 359.001. Account of Estate Required - Sec. 359.001. ACCOUNT OF ESTATE REQUIRED. (a) Not later than...

Section 359.002. Annual Account Required Until Estate Closed - Sec. 359.002. ANNUAL ACCOUNT REQUIRED UNTIL ESTATE CLOSED. (a) Not...

Section 359.003. Supporting Vouchers and Other Documents Attached to Account - Sec. 359.003. SUPPORTING VOUCHERS AND OTHER DOCUMENTS ATTACHED TO ACCOUNT....

Section 359.004. Method of Proof for Securities and Other Assets - Sec. 359.004. METHOD OF PROOF FOR SECURITIES AND OTHER ASSETS....

Section 359.005. Verification of Account - Sec. 359.005. VERIFICATION OF ACCOUNT. The personal representative shall attach...

Section 359.006. Additional Accounts - Sec. 359.006. ADDITIONAL ACCOUNTS. (a) At any time after the...

Subchapter B. Action on Annual Account

Section 359.051. Filing and Consideration of Annual Account - Sec. 359.051. FILING AND CONSIDERATION OF ANNUAL ACCOUNT. (a) The...

Section 359.052. Correction of Annual Account - Sec. 359.052. CORRECTION OF ANNUAL ACCOUNT. (a) If the court...

Section 359.053. Order for Payment of Claims in Full - Sec. 359.053. ORDER FOR PAYMENT OF CLAIMS IN FULL. After...

Section 359.054. Order for Pro Rata Payment of Claims - Sec. 359.054. ORDER FOR PRO RATA PAYMENT OF CLAIMS. After...

Subchapter C. Penalties

Section 359.101. Penalty for Failure to File Annual Account - Sec. 359.101. PENALTY FOR FAILURE TO FILE ANNUAL ACCOUNT. (a)...

Section 359.102. Penalty for Failure to File Exhibit or Report - Sec. 359.102. PENALTY FOR FAILURE TO FILE EXHIBIT OR REPORT....

Chapter 360 - Partition and Distribution of Estate

Subchapter A. Application for Partition and Distribution

Section 360.001. General Application - Sec. 360.001. GENERAL APPLICATION. (a) At any time after the...

Section 360.002. Application for Partial Distribution - Sec. 360.002. APPLICATION FOR PARTIAL DISTRIBUTION. (a) At any time...

Subchapter B. Citation

Section 360.051. Citation of Interested Persons - Sec. 360.051. CITATION OF INTERESTED PERSONS. (a) On the filing...

Section 360.052. Citation of Executor or Administrator - Sec. 360.052. CITATION OF EXECUTOR OR ADMINISTRATOR. When a person...

Subchapter C. Proceedings; Expenses

Section 360.101. Hearing on Application - Sec. 360.101. HEARING ON APPLICATION. (a) At the hearing on...

Section 360.102. Court Decree - Sec. 360.102. COURT DECREE. If the court determines that the...

Section 360.103. Expenses of Partition - Sec. 360.103. EXPENSES OF PARTITION. (a) The distributees shall pay...

Subchapter D. Partition and Distribution if Estate Property Is

Section 360.151. Appointment of Commissioners - Sec. 360.151. APPOINTMENT OF COMMISSIONERS. If the estate does not...

Section 360.152. Writ of Partition - Sec. 360.152. WRIT OF PARTITION. (a) When commissioners are appointed...

Section 360.153. Partition by Commissioners - Sec. 360.153. PARTITION BY COMMISSIONERS. (a) The commissioners shall make...

Section 360.154. Commissioners' Report - Sec. 360.154. COMMISSIONERS' REPORT. (a) After dividing all or any...

Section 360.155. Court Action on Commissioners' Report - Sec. 360.155. COURT ACTION ON COMMISSIONERS' REPORT. (a) On the...

Section 360.156. Delivery of Property - Sec. 360.156. DELIVERY OF PROPERTY. When the commissioners' report has...

Section 360.157. Commissioners' Fees - Sec. 360.157. COMMISSIONERS' FEES. A commissioner who partitions and distributes...

Subchapter E. Partition and Distribution if Estate Property Is Incapable of Division

Section 360.201. Court Finding - Sec. 360.201. COURT FINDING. If, in the court's opinion, all...

Section 360.202. Sale of Estate Property - Sec. 360.202. SALE OF ESTATE PROPERTY. (a) When the court...

Section 360.203. Applicability of Provisions Relating to Sale of Real Estate - Sec. 360.203. APPLICABILITY OF PROVISIONS RELATING TO SALE OF REAL...

Subchapter F. Certain Types of Estate Property

Section 360.251. Estate Consisting Only of Money or Debts - Sec. 360.251. ESTATE CONSISTING ONLY OF MONEY OR DEBTS. If...

Section 360.252. Estate Property Located in Another County - Sec. 360.252. ESTATE PROPERTY LOCATED IN ANOTHER COUNTY. (a) If...

Section 360.253. Community Property - Sec. 360.253. COMMUNITY PROPERTY. (a) If a spouse dies leaving...

Section 360.254. Jointly Owned Property - Sec. 360.254. JOINTLY OWNED PROPERTY. (a) A person who has...

Subchapter G. Enforcement

Section 360.301. Liability for Failure to Deliver Estate Property - Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY. (a)...

Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors

Subchapter A. Resignation of Personal Representative

Section 361.001. Resignation Application - Sec. 361.001. RESIGNATION APPLICATION. A personal representative who wishes to...

Section 361.002. Immediate Appointment of Successor; Discharge and Release - Sec. 361.002. IMMEDIATE APPOINTMENT OF SUCCESSOR; DISCHARGE AND RELEASE. (a)...

Section 361.003. Hearing Date; Citation - Sec. 361.003. HEARING DATE; CITATION. (a) When an application to...

Section 361.004. Hearing - Sec. 361.004. HEARING. (a) At the time set for the...

Section 361.005. Requirements for Discharge - Sec. 361.005. REQUIREMENTS FOR DISCHARGE. (a) A personal representative applying...

Subchapter B. Removal and Reinstatement of Personal Representative

Section 361.051. Removal Without Notice - Sec. 361.051. REMOVAL WITHOUT NOTICE. The court, on the court's...

Section 361.052. Removal With Notice - Sec. 361.052. REMOVAL WITH NOTICE. (a) The court may remove...

Section 361.053. Removal Order - Sec. 361.053. REMOVAL ORDER. An order removing a personal representative...

Section 361.054. Removal and Reinstatement of Personal Representative Under Certain Circumstances - Sec. 361.054. REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE UNDER CERTAIN...

Subchapter C. Appointment of Successor Representative

Section 361.101. Requirements for Revocation of Letters - Sec. 361.101. REQUIREMENTS FOR REVOCATION OF LETTERS. Except as otherwise...

Section 361.102. Appointment Because of Death, Resignation, or Removal - Sec. 361.102. APPOINTMENT BECAUSE OF DEATH, RESIGNATION, OR REMOVAL. (a)...

Section 361.103. Appointment Because of Existence of Prior Right - Sec. 361.103. APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR RIGHT. If...

Section 361.104. Appointment When Named Executor Becomes an Adult - Sec. 361.104. APPOINTMENT WHEN NAMED EXECUTOR BECOMES AN ADULT. (a)...

Section 361.105. Appointment of Formerly Sick or Absent Executor - Sec. 361.105. APPOINTMENT OF FORMERLY SICK OR ABSENT EXECUTOR. (a)...

Section 361.106. Appointment When Will Discovered After Grant of Administration - Sec. 361.106. APPOINTMENT WHEN WILL DISCOVERED AFTER GRANT OF ADMINISTRATION....

Subchapter D. Procedures After Death, Resignation, or Removal of Personal Representative

Section 361.151. Payment to Estate While Office of Personal Representative Is Vacant - Sec. 361.151. PAYMENT TO ESTATE WHILE OFFICE OF PERSONAL REPRESENTATIVE...

Section 361.152. Further Administration With or Without Notice or Will Annexed - Sec. 361.152. FURTHER ADMINISTRATION WITH OR WITHOUT NOTICE OR WILL...

Section 361.153. Rights, Powers, and Duties of Successor Representative - Sec. 361.153. RIGHTS, POWERS, AND DUTIES OF SUCCESSOR REPRESENTATIVE. (a)...

Section 361.154. Successor Executor Also Succeeds to Prior Rights and Duties - Sec. 361.154. SUCCESSOR EXECUTOR ALSO SUCCEEDS TO PRIOR RIGHTS AND...

Section 361.155. Successor Representative to Return Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims - Sec. 361.155. SUCCESSOR REPRESENTATIVE TO RETURN INVENTORY, APPRAISEMENT, AND LIST...

Chapter 362 - Closing Administration of Estate

Subchapter A. Settling and Closing Estate

Section 362.001. Settling and Closing Administration of Estate - Sec. 362.001. SETTLING AND CLOSING ADMINISTRATION OF ESTATE. The administration...

Section 362.002. Compelling Settlement of Estate - Sec. 362.002. COMPELLING SETTLEMENT OF ESTATE. A person interested in...

Section 362.003. Verified Account Required - Sec. 362.003. VERIFIED ACCOUNT REQUIRED. The personal representative of an...

Section 362.004. Contents of Account - Sec. 362.004. CONTENTS OF ACCOUNT. (a) Except as provided by...

Section 362.005. Citation and Notice on Presentation of Account - Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF ACCOUNT. (a)...

Section 362.006. Examination of and Hearing on Account - Sec. 362.006. EXAMINATION OF AND HEARING ON ACCOUNT. (a) On...

Section 362.007. Delivery of Certain Property to Guardian - Sec. 362.007. DELIVERY OF CERTAIN PROPERTY TO GUARDIAN. The court...

Section 362.008. Certain Debts Excluded From Settlement Computation - Sec. 362.008. CERTAIN DEBTS EXCLUDED FROM SETTLEMENT COMPUTATION. In the...

Section 362.009. Money Due to Estate Pending Final Discharge - Sec. 362.009. MONEY DUE TO ESTATE PENDING FINAL DISCHARGE. Money...

Section 362.011. Partition and Distribution of Estate; Deposit in Court's Registry - Sec. 362.011. PARTITION AND DISTRIBUTION OF ESTATE; DEPOSIT IN COURT'S...

Section 362.012. Discharge of Personal Representative When No Estate Property Remains - Sec. 362.012. DISCHARGE OF PERSONAL REPRESENTATIVE WHEN NO ESTATE PROPERTY...

Section 362.013. Discharge of Personal Representative When Estate Fully Administered - Sec. 362.013. DISCHARGE OF PERSONAL REPRESENTATIVE WHEN ESTATE FULLY ADMINISTERED....

Subchapter B. Failure of Personal Representative to Act

Section 362.051. Failure to Present Account - Sec. 362.051. FAILURE TO PRESENT ACCOUNT. (a) The court, on...

Section 362.052. Liability for Failure to Deliver Estate Property - Sec. 362.052. LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY. (a)...

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Texas Statutes Title 2 - Estates of Decedents; Durable Powers of Attorney Subtitle H - Continuation of Administration

Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration