THE TEXAS ESTATES CODE
Attorney’s Electronic Edition

Also Including Chapters 166 and 692 (and a portion of 711) of the Texas Health & Safety Code


Jump to→   Table of Contents

                    Quick Indices created by The Honorable Steve M. King:

                                   Quick Index: Decedents’ Estates

                                   Quick Index: Guardianships

                       Indices created by Thomas Fisher, Esq.:

                                   Index: Probate

                                   Index: Non-Testamentary Alternatives

                                   Index: Guardianship

                       The Texas Estates Code created by the Texas Legislature

                       Conversion Table created by Professor Gerry Beyer

                       Useful Texas Probate Resources for Attorneys

                       Notes and Revision History


Thanks to:


The Honorable Steve King and Thomas Fisher, Esq. for their comprehensive indices.
Professor Gerry Beyer for his conversion tables.
William D. Pargaman, Esq. (Deceased) of Brink Bennett Pargaman Atkins + Sanchez
and
Meredith N. McIver, Esq. of Osborne, Helman, Scott, Knisely & Stanton,
for their biennial Legislative Updates.


Formatted and Hyperlinked by Michael A. Koenecke (mike@koeneckelaw.com)


All included text of the Estates Code and Health & Safety Code is what was published by the Texas Legislature and made freely available. I have only formatted it, and assume no responsibility for the accuracy of the contents. This document may be freely copied and distributed without restriction, though attribution would be appreciated.


Version 6.0
September 23, 2023
downloadable from:
http://koeneckelaw.com/attorneys



Estates Code Quick Index: DECEDENTS’ ESTATES


A.   General Provisions Definitions (22), Jurisdiction (32.001), Venue (33.001), Transfer to SPC (34.001) Citation(51.001), Service (51.051-.056), Returns (51.101), Alt. Service (51.151), Waiver 51.201), Depn on Wr Qs (51.203), Security for Costs (53.052), Ad Litems (53.104), Contests (55.001), Jury (55.002), Decedent’s Med. Records: Will Contest (55.101), Specif. Prf. to Transfer Title (55.201), Bill of Review (55.251), Resident Agent (56.001)

B.   Distribution of Property Passage of Title @ Death (101), Joint Ownership (101), Homestead (102), POD Accts (111.051), CP w/ROS (112.051), Multi-Party Accts (113ff), Conven Accts (113.102), Unif Acct Form (113.051), Disclosures (113.053), JTw/ROS (113.151), Trust Accts (113.205), T.O.D. Deeds (114.051), Surv Req. (121.052), Disclaimer (122ff), Effect of Divorce (123ff), Tax Apportionment (124)

C.   Proceedings Before Administration Safe Dep Boxes (151), Emerg Intervntn (152), Ltn on Spouse Right to Control Burial (152), Access to Acct Info (153)

D.   Intestacy Decedent w/o Spouse (201.001), Separate Estate (201.002), Comm. Estate (201.003), Maternal Inheritance (201.051), Paternal Inheritance (201.052), BFP under Heirship Affidavit (201.053), Adopted Child (201.054), Half-Blood (201.057), Disqualification of Parent to Inherit (201.062), Per Capita/Per Stirpes (201.101), Advancements (201.151)

E.   Determination of Heirship Standing (202.004), Application (202.005), Ad Litem (202.009) Notice & Citation (202.051ff), Evidence in Writing (202.151), Judgment (202.201), Non-Judicial Evidence (203), DNA Testing (204), Small Estate Affidavit (205)

F.    Wills Requisites (251.051), Holographic (251.052), Self-Proving (251.101ff), Deposit, Safekeeping (252), Compel Prod’n (252.201), Change, Revocation (253), Prohibited Gifts, Forfeiture (254), Construction (255), Pretermitted Child (255.051), Advancements (255.101), ‘Anti-Lapse’ (255.151), Exoneration of Debt (255.301), Power of Appt (255.351), Judicial Modification/Reform’n (255ff), Default (256.003, 301.002), Application (256.052), Lost Will (256.054), Proof (256.151), Holographic (256.154), Period for Contest (256.204), Muniment (257), Citation & Ntc (258, 303), Ntc for Probate after 4 Yrs (258.051ff)

G.   Application for Letters (301), Adm’n Before Death Void (301.001), Contents (301.052), Contest (301.101), Proof (301.152), Priority for Appointment (304.001), Persons Disqualified (304.003)

H.   Oath & Bond (305), Freeze Agreement (305.154), Issuance of Letters (306), Joint PRs 307), Notice to Benef’s & Credtrs (308), Inv & Appr (309), Aff in Lieu (309.056), Allocation of Income & Expenses (310)

I.     Personal Representatives Powers (351), Authority with Order (351.051), Authority without Order (351.052), Digital Assets (351.106), Mnging Property (351.101ff), Collecting Claims/Recovering Property (351.151), Contingent Fees (351.152), Operating Business (351.201ff), Borrowing (351.251), Payment of Income (304.003), Annl Exam’n/Review of Bond (351.353), Judge’s Liab (351.354), Reqing ID Info (351.355)

J.    Dependent Administration Compensation (352), Expenses, Atty’s Fees (352.051), Exempt Prop (353.051), Allowance in Lieu (353.053), Fam Allowance (353.101), Liens (353.151), Title (353.153), Summary Proceedings (354), W/drawal from Admn (354.051), Claims (355), Sales (356), Renting (357), Min. Leases (358), Annl Acct (359), - by Ind Exor (359.006), Partition (360), Resignation (361), Removal w/o Ntc (361.051), Removal w/Ntc (361.052), Reinstatement (361.054), Succrs (361.101), Settle & Close (362.001), Compel Sttlmnt (362.002), Settling & Closing/ Account for Final Settlement (362)

K.   Independent Administration Intent (401.001), Ct-Created Testate (401.002), Ct-Created Intestate (401.003), Digital Assets Access (351.106), Power of Sale by Agreement (401.006), Powers of Ind Exor (402ff), Exemptions & Allowances (403.001), Claims (403.051), Accountings (404), Removal (404.003), Succrs (404.004), Court-Appt’d Succr IE (404.005), Acctn’g & Distrib (405.001), Judicial Discharge (405.003), Closing Rep/ Ntc (405.004), Partn & Distrib (405.008), Closing: Appl’n by Distributee (405.009), Closing Not Required (405.012)

L.    Additional Matters Order of No Admn (451), Temp. Adm’n (452), Pending Cont (452.051) Admn of CP (453), Admn w/Presumption of Death (454.001), Public Probate Admin (455ff)

M.  Lawyer Trust Accounts (456.0001)

N.   Foreign Wills Ancillary Probate (501) Original Probate (502), Recording in Deed Rec. (503), Contests (504), Foreign PRs, Trustees & Fiduciaries (505.052)

O.   Payment to Comptroller (551.001), Recovery of Unclaimed Funds (551.051)

P.   Durable Power of Attorney (751, 752)

Estates Code Quick Index: GUARDIANSHIPS

1.   Definitions (1002), Less Restrictive Alternative (1002.0015), Supports and Services (2002.031), Incapacitated Person (1002.017), “Matters Related To” (1021.001)

2.   Jurisdiction (1022), Concurrent Juris (1022.006), Transfer to Statutory Probate Court (1022.007), Transfer to SAPCR (1022.008), Venue (1023), Transfer to Another County (1023.003)

3.   Citation & Notice (1051), Methods (1051.051), ‘Laundry List’ (1051.104), Affdvt of Notice (1051.104). Alternative Service (1051.201), Waiver (1051.251), Depo on Written Questions (1051.253)

4.   Ad Litems Rule for Costs (1053.051), Attorney Ad Litem - Duties (1054.004), Retained Counsel (1054.006), Guardian Ad Litem - Duties (1054.054), Limited Immunity (1054.056), Court Visitors (1054.101), Court Investigators (1054.151), Attorney Certification (1054.201)

5.   Trial Standing (1055.001), Intervention (1055.003), Jury (1055.052, 1101.052), Location of Hearing (1055.053), Mediation (1055.151), Bill of Review (1056.101), Change Resident Agent (1057.001)

6.   Creation of Guardianship Appl’n (1101.001), Hearing (1101.051), Findings/Proof (1101.101), CME, IME (1101.103), DID (1101.104); Order Full Authy (1101.151), Limited Authy (1101.152), Contents (1101.153)

7.   Court-Initiated Investigation (1102.001), Information Letter (1102.003), Aging-Out Minors (1103.001), Appt of Consvtr as Gdn w/o Hrng (1103.002), Only 1 as Gdn (1104.001), Training (1104.003), Pre-Need Desig’n (1104.051ff), Certification Required When (1104.251), Prof Grdns (1104.301), Disqualification (1104.351), Unsuitability (1104.352), Registration (1104.359), Criminal History Checks (1104.401)

8.   Qualification (1105), Oath or Unsworn Declaration (1105.051), Bond (1105.101), Amount (1105.154), Safekeeping Agreement before Appointment (1105.156), Sureties (1105.160), Letters (1106)

9.   Administration Rights, Powers & Duties - Rights Retained (1151.001), BFPs (1151.002); GOP (1151.051), MH Trtmt (1151.053), ? Meds (1151.054), Access to Ward (1151.055), Duty to Inf Rel (1151.056); GOE with & w/o Ord (1151.102-3), Abndn Prop (1151.102), Litn (1151.104); No Excln (1151.105), Duty of Care (1151.151), Borrow (1151.201), Grdn to Rec Govt Funds (1151.251), Ntc to VA (1151.301), Ward’s Bill of Rights (1151.351)

10. Notice to Creditors (1153), Permissive Notice (1153.004), Inventory & Appraisement (1154.051), Compensation (1155), Dual Compensation (1155.052), Contingent Fees (1155.053); Attorney’s Fees (1155.054), Expenses (1155.101), Costs (1155.151), Compensation from Medicaid (1155.201)

11. Allowances, Accountings (1156), Claims (1157), Sales (1158), Partn (1158.701), Rentg (1159), Min Props (1160), Investmts (1161); Inv. Plan, Loans (1161.051), Est Plan (1162.001), Inspn of Docs (1162.005), Gifts (1162.051), Annl Acct (GOE) (1163), GOPR (1163.101), E-File GOPR (1163.1011), Liab of Gdn (1164.001), Immun of Grdns Prog (1164.002)

12. Annual Review: Evaluation, Modification, Termination, Removal & Reinstatement Bond Review (1201.002), Judge’s Liability (1201.003), Annual Determination (1201.052), Termination (1201.003) Restoration/Modification (1202.051), Firearms Disability (1202.201), Resignation (1203.001), Removal: w/o Notice (1203.051), w/Notice (1203.052), Reinstatement (1203.056), Successors (1203.101)

13. Final Settlement, Acctg & Discharge Settlement (1204.001), Fun Exp (1204.051), Wind up Int. Est. (1204.052), Fin Accts (1204.101), Deliv Prop (1204.109), Close & Dischg (1204.151), Failre of Gdn to Act/Removal from Active Docket (1204.201)

14. Special Proceedings Temp. Grdn (1251.001), Temp Grdn Pending Cont (1251.051), Fin Rept Tgdn (1251.153), Non-Res Ward (1252.001) Non-Res Grdn (1252.051); Intrst Grdns (1253.001); Rec & Accep of For Gdns (1253.051), Gdnships filed in Tex & For. Juris (1253.101), Determination of Most Appropriate Forum (1253.151)

15. Court Authorized Trusts & Accounts Management Trust (1301), Pooled Trust Subaccount (1302.001)

16. Special Proceedings/Alternatives Sale of Minor’s Int (1351.001), Sale of Adult Ward’s Int (1351.051), Mortg. of Minor’s Int (1352.051, 1352.101), Comm. Admr (1353), Receivers (1354), Payt into Ct Regy (1355), Payt to Non-Res Cred (1355.002), W/drwl from Regy (1355.103), Use of $ by Char (1355.151)

17. Arts and Entertainment, Advertisement, and Sports Contracts (1356)

18. Supported Decision-Making Agreements (1357) / 19. Fiduciary Access to Digital Assets (2001)

20. Advance Directives (Tex. Health & Safety Code) (Dir/Phys, OOH DNR, Med POA) (166)

21. Anatomical Gifts (692A) / 22. Cemeteries (711)

TABLE OF CONTENTS: TEXAS ESTATES CODE

 

TITLE 1. GENERAL PROVISIONS (Ch. 21 - 22)

Chapter 21. Purpose and Construction

§21.001. Purpose of Code.

§21.002. Construction.

§21.003. Statutory References.

§21.004. Effect of Division of Law.

§21.005. Applicability of Certain Laws.

§21.006. Applicability to Probate Proceedings.

Chapter 22. Definitions

§22.001. Applicability of Definitions.

§22.002. Authorized Corporate Surety.

§22.003. Charitable Organization.

§22.004. Child.

§22.005. Claims.

§22.006. Corporate Fiduciary.

§22.007. Court; County Court, Probate Court, and Statutory Probate Court.

§22.008. Devise.

§22.009. Devisee.

§22.010. Distributee.

§22.011. Docket.

§22.012. Estate.

§22.013. Exempt Property.

§22.014. Governmental Agency of the State.

§22.015. Heir.

§22.016. Incapacitated Person.

§22.017. Independent Executor.

§22.018. Interested Person; Person Interested.

§22.019. Judge.

§22.020. Legacy.

§22.021. Legatee.

§22.022. Minor.

§22.024. Mortgage; Lien.

§22.025. Net Estate.

§22.026. Next of Kin.

§22.027. Person.

§22.028. Personal Property.

§22.029. Probate Matter; Probate Proceedings; Proceeding in Probate; Proceedings for Probate.

§22.0295. Qualified Delivery Method.

§22.030. Real Property.

§22.031. Representative; Personal Representative.

§22.032. Surety.

§22.033. Ward.

§22.034. Will.

 

TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY (Ch. 31 - 752)

SUBTITLE A. SCOPE, JURISDICTION, VENUE, AND COURTS (Ch. 31 - 34)

Chapter 31. General Provisions

§31.001. Scope of “Probate Proceeding” for Purposes of Code.

§31.002. Matters Related to Probate Proceeding.

Chapter 32. Jurisdiction

§32.001. General Probate Court Jurisdiction.

§32.002. Original Jurisdiction for Probate Proceedings.

§32.003. Jurisdiction of Contested Probate Proceeding in County with No Statutory Probate Court or Statutory County Court.

§32.004. Jurisdiction of Contested Probate Proceeding in County with No Statutory Probate Court.


§32.005. Exclusive Jurisdiction of Probate Proceeding in County with Statutory Probate Court.

§32.006. Jurisdiction of Statutory Probate Court with Respect to Trusts and Powers of Attorney.

§32.007. Concurrent Jurisdiction with District Court.

Chapter 33. Venue

Subchapter A. Venue for Certain Proceedings (§§33.01 - 33.005)

§33.001. Probate of Wills and Granting of Letters Testamentary and of Administration.

§33.002. Action Related to Probate Proceeding in Statutory Probate Court.

§33.003. Certain Actions Involving Personal Representative.

§33.004. Heirship Proceedings.

§33.005. Certain Actions Involving Breach of Fiduciary Duty.

Subchapter B. Determination of Venue (§§33.051 - 33.055)

§33.051. Commencement of Proceeding.

§33.052. Concurrent Venue.

§33.053. Probate Proceedings in More than One County.

§33.054. Jurisdiction to Determine Venue. [none]

§33.055. Protection for Certain Purchasers.

Subchapter C. Transfer of Probate Proceeding (§§33.101 - 33.104)

§33.101. Transfer to Other County in Which Venue Is Proper.

§33.102. Transfer for Want of Venue.

§33.103. Transfer for Convenience.

§33.104. Validation of Previous Proceedings.

§33.105. Transfer of Probate Proceeding Record.

Chapter 34. Matters Relating to Certain Other Types of Proceedings.

§34.001. Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding.

§34.002. Actions to Collect Delinquent Property Taxes.

SUBTITLE B. PROCEDURAL MATTERS (Ch. 51 - 56)

Chapter 51. Notices and Process in Probate Proceedings in General

Subchapter A. Issuance and Form of Notice or Process (§§51.001 - 51.003)

§51.001. Issuance of Notice or Process in General.

§51.002. Direction of Writ or Other Process.

§51.003. Contents of Citation or Notice.

Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served (§§51.051 - 51.056)

§51.051. Personal Service.

§51.052. Service by Mail or Private Delivery.

§51.053. Service by Posting.

§51.054. Service by Publication.

§51.055. Service on Party’s Attorney of Record.

§51.056. Service on Personal Representative or Receiver.

Subchapter C. Return and Proof of Service of Citation or Notice (§§51.101 - 51.104)

§51.101. Requirements for Return on Citation or Notice Served by Personal Service.

§51.102. Validity of Service and Return on Citation or Notice Served by Posting.

§51.103. Proof of Service.

§51.104. Return to Court.

Subchapter D. Alternative Manner of Issuance, Service, and Return (§51.151)

§51.151. Court-ordered Issuance, Service, and Return under Certain Circumstances.

Subchapter E. Additional Notice Provisions (§§51.201 - 51.203)

§51.201. Waiver of Notice of Hearing.

§51.202. Request for Notice of Filing of Pleading.

§51.203. Service of Notice of Intention to Take Depositions in Certain Matters.

Chapter 52. Filing and Recordkeeping

Subchapter A. Recordkeeping Requirements (§§52.001 - 52.004)

§52.001. Probate Docket.

§52.002. Claim Docket.

§52.003. Probate Fee Book.

§52.004. Alternate Recordkeeping.

Subchapter B. Files; Index (§§52.051 - 52.053)

§52.051. Filing Procedures.

§52.052. Case Files.

§52.053. Index.

Chapter 53. Other Court Duties and Procedures

Subchapter A. Enforcement of Orders (§53.001)

§53.001. Enforcement of Judge’s Orders.

Subchapter B. Costs and Security (§§53.051 - 53.054)

§53.051. Applicability of Certain Laws.

§53.052. Security for Certain Costs.

§53.053. Exemption from Probate Fees for Estates of Certain Military Servicemembers.

§53.054. Exemption from Probate Fees for Estates of Certain Law Enforcement Officers, Firefighters, and Others.

Subchapter C. Procedures for Probate Matters (§§53.101 - 53.107)

§53.101. Calling of Dockets.

§53.102. Setting of Certain Hearings by Clerk.

§53.103. Rendering of Decisions, Orders, Decrees, and Judgments.

§53.104. Appointment of Attorneys Ad Litem.

§53.106. Executions in Probate Matters.

§53.107. Inapplicability of Certain Rules of Civil Procedure.

Chapter 54. Pleadings and Evidence in General

Subchapter A. Pleadings (§§54.001 - 54.002)

§54.001. Effect of Filing or Contesting Pleading.

§54.002. Defect in Pleading.

Subchapter B. Evidence (§§54.051 - 54.052)

§54.051. Applicability of Certain Rules Relating to Witnesses and Evidence.

§54.052. Use of Certain Records as Evidence.

Chapter 55. Complaints and Contests

Subchapter A. Contest of Proceedings in Probate Court (§§55.001 - 55.002)

§55.001. Opposition in Probate Proceeding.

§55.002. Trial by Jury.

Subchapter B. Institution of Higher Education or Charitable Organization as Party to Certain Actions (§§55.051 - 55.053)

§55.051. Definition.

§55.052. Necessary Party.

§55.053. Service of Process.

Subchapter C. Mental Capacity of Decedent (§§55.101 - 55.102)

§55.101. Entitlement to Production of Communications and Records.

§55.102. Release of Records.

Subchapter D. Attachment of Estate Property (§§55.151 - 55.152)

§55.151. Order for Issuance of Writ of Attachment.

§55.152. Bond.

Subchapter E. Specific Performance of Agreement to Transfer Title (§§55.201 - 55.203)

§55.201. Complaint and Citation.

§55.202. Hearing and Order.

§55.203. Conveyance.

Subchapter F. Bill of Review (§§55.251 - 55.252)

§55.251. Revision and Correction of Order or Judgment in Probate Proceeding.

§55.252. Injunction.

Chapter 56. Change and Resignation of Resident Agent of Personal Representative for Service of Process

§56.001. Change of Resident Agent.


§56.002. Resignation of Resident Agent.

SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS’ PROPERTY IN GENERAL (Ch. 101 - 124)

Chapter 101. Estate Assets in General

Subchapter A. Passage and Possession of Decedent’s Estate on Death (§§101.001 - 101.003)

§101.001. Passage of Estate on Decedent’s Death.

§101.002. Effect of Joint Ownership of Property.

§101.003. Possession of Estate by Personal Representative.

Subchapter B. Liability of Estate for Debts (§§101.051 - 101.052)

§101.051. Liability of Estate for Debts in General.

§101.052. Liability of Community Property for Debts of Deceased Spouse.

Chapter 102. Probate Assets: Decedent’s Homestead

§102.001. Treatment of Certain Children.

§102.002. Homestead Rights Not Affected by Character of the Homestead.

§102.003. Passage of Homestead.

§102.004. Liability of Homestead for Debts.

§102.005. Prohibitions on Partition of Homestead.

§102.006. Circumstances under Which Partition of Homestead Is Authorized.

Chapter 111. Nonprobate Assets in General

Subchapter A. Right of Survivorship Agreements Between Joint Tenants (§§111.001 - 111.002)

§111.001. Right of Survivorship Agreements Authorized.

§111.002. Agreements Concerning Community Property.

Subchapter B. Other Provisions for Payment or Transfer of Certain Assets on Death (§§111.051 - 111.054)

§111.051. Definitions.

§111.052. Validity of Certain Nontestamentary Instruments and Provisions.

§111.053. Creditor’s Rights Not Limited.

§111.054. Application of State Law to Certain Nontestamentary Transfers.

Subchapter C. Provision of Certain Information on Death (§§111.101 - 111.102)

§111.101. Definitions.

§111.102. Provision of Information to Personal Representative of Deceased Party.

Chapter 112. Community Property with Right of Survivorship

Subchapter A. General Provisions (§§112.001 - 112.002)

§112.001. Definition of Community Property Survivorship Agreement.

§112.002. Applicability of Other Law to Community Property Held in Multiple-party Accounts.

Subchapter B. Community Property Survivorship Agreements (§§112.051 - 112.054)

§112.051. Agreement for Right of Survivorship in Community Property.

§112.052. Form of Agreement.

§112.053. Adjudication Not Required.

§112.054. Revocation of Agreement.

Subchapter C. Adjudication to Prove Community Property Survivorship Agreement (§§112.101 - 112.106)

§112.101. Application Authorized.

§112.102. Proof Required by Court.

§112.103. Method of Proof of Signatures.

§112.104. Court Action; Issuance of Order.

§112.105. Effect of Order.

§112.106. Custody of Adjudicated Agreement.

Subchapter D. Ownership and Transfer of Community Property Subject to Agreement (§§112.151 - 112.152)

§112.151. Ownership of Property During Marriage; Management Rights.

§112.152. Nontestamentary Nature of Transfers under Agreement.

Subchapter E. Third Parties Dealing with Community Property Subject to Right of Survivorship (§§112.201 - 112.208)

§112.201. Definition of Certified Copy.

§112.202. Actual Knowledge or Notice of Agreement.

§112.203. Personal Representative Without Actual Knowledge of Agreement.

§112.204. Third-party Purchaser Without Notice of Agreement.

§112.205. Debtors and Other Persons Without Notice of Agreement.

§112.206. Third-party Purchaser Without Notice of Revocation of Agreement.

§112.207. Debtors and Other Persons Without Notice of Revocation of Agreement.

§112.208. Rights of Surviving Spouse Against Creditors.

Subchapter F. Rights of Creditors (§§112.251 - 112.253)

§112.251. Multiple-party Accounts.

§112.252. Liabilities of Deceased Spouse Not Affected by Right of Survivorship.

§112.253. Rights of Deceased Spouse’s Creditors in Relation to Third Parties.

Chapter 113. Multiple-Party Accounts

Subchapter A. General Provisions (§§113.001 - 113.005)

§113.001. General Definitions.

§113.002. Definition of Party.

§113.003. Definition of Net Contribution.

§113.004. Types of Accounts.

§113.005. Authority of Financial Institutions to Enter into Certain Accounts.

Subchapter B. Uniform Account Form (§§113.051 - 113.0531)

§113.051. Establishment of Type of Account; Applicability of Certain Law.

§113.052. Form.

§113.053. Required Disclosure; Use of Form.

§113.0531. Use of Form and Disclosure by Credit Unions.

Subchapter C. Ownership and Operation of Accounts (§§113.101 - 113.106)

§113.101. Effect of Certain Provisions Regarding Ownership Between Parties and Others.

§113.102. Ownership of Joint Account During Parties’ Lifetimes.

§113.103. Ownership of P.O.D. Account During Original Payee’s Lifetime.

§113.104. Ownership of Trust Account During Trustee’s Lifetime.

§113.105. Ownership of Convenience Account; Additions and Accruals.

§113.106. Ownership and Operation of Other Account with Convenience Signer.

Subchapter D. Rights of Survivorship in Accounts (§§113.151 - 113.158)

§113.151. Establishment of Right of Survivorship in Joint Account; Ownership on Death of Party.

§113.152. Ownership of P.O.D. Account on Death of Party.

§113.153. Ownership of Trust Account on Death of Trustee.

§113.154. Ownership of Convenience Account on Death of Party.

§113.1541. Ownership of Other Account with Convenience Signer on Death of Last Surviving Party.

§113.155. Effect of Death of Party on Certain Accounts Without Rights of Survivorship.

§113.156. Applicability of Certain Provisions on Death of Party.

§113.157. Written Notice to Financial Institutions Regarding Form of Account.

§113.158. Nontestamentary Nature of Certain Transfers.


Subchapter E. Protection of Financial Institutions (§§113.201 - 113.210)

§113.201. Applicability of Subchapter.

§113.202. Payment of Multiple-party Account.

§113.203. Payment of Joint Account.

§113.204. Payment of P.O.D. Account.

§113.205. Payment of Trust Account.

§113.206. Payment of Convenience Account.

§113.207. Liability for Payment from Joint Account after Death.

§113.208. Liability for Payment from Convenience Account.

§113.209. Discharge from Claims.

§113.210. Set-off to Financial Institution.

Subchapter F. Rights of Creditors; Pledge of Account (§§113.251 - 113.253)

§113.251. Pledge of Account.

§113.252. Rights of Creditors.

§113.253. No Effect on Certain Rights and Liabilities of Financial Institutions.

Chapter 114. Transfer on Death Deed

Subchapter A. General Provisions (§§114.001 - 114.006)

§114.001. Short Title.

§114.002. Definitions.

§114.003. Applicability.

§114.004. Nonexclusivity.

§114.005. Uniformity of Application and Construction.

§114.006. Relation to Electronic Signatures in Global and National Commerce Act.

Subchapter B. Authorization, Execution, and Revocation of Transfer on Death Deed (§§114.051 - 114.057)

§114.051. Transfer on Death Deed Authorized.

§114.052. Transfer on Death Deed Revocable.

§114.053. Transfer on Death Deed Nontestamentary.

§114.054. Capacity of Transferor; Use of Power of Attorney.

§114.055. Requirements.

§114.056. Notice, Delivery, Acceptance, or Consideration Not Required.

§114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution.

Subchapter C. Effect of Transfer on Death Deed; Liability of Transferred Property for Creditors’ Claims (§§114.101 - 114.106)

§114.101. Effect of Transfer on Death Deed During Transferor’s Life.

§114.102. Effect of Subsequent Conveyance on Transfer on Death Deed.

§114.103. Effect of Transfer on Death Deed at Transferor’s Death.

§114.104. Transfer on Death Deed Property Subject to Liens and Encumbrances at Transferor’s Death; Creditors’ Claims.

§114.105. Disclaimer.

§114.106. Liability for Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances.

Chapter 115. Beneficiary Designation for Motor Vehicles

§115.001. Definitions.

§115.002. Beneficiary Designation Authorized.

§115.003. Joint Ownership.

§115.004. Effect of Beneficiary Designation During Owner’s Life.

§115.005. Effect of Beneficiary Designation at Owner’s or Last Surviving Owner’s Death.

§115.006. Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances.

Chapter 121. Survival Requirements

Subchapter A. General Provisions (§121.001)

§121.001. Applicability of Chapter.

Subchapter B. Survival Requirement for Intestate Succession and Certain Other Purposes (§§121.051 - 121.053)

§121.051. Applicability of Subchapter.

§121.052. Required Period of Survival for Intestate Succession and Certain Other Purposes.

§121.053. Intestate Succession: Failure to Survive Presumed under Certain Circumstances.

Subchapter C. Survival Requirements for Certain Beneficiaries (§§121.101 - 121.102)

§121.101. Required Period of Survival for Devisee.

§121.102. Required Period of Survival for Contingent Beneficiary.

Subchapter D. Distribution of Certain Property on Person’s Failure to Survive for Required Period (§§121.151 - 121.153)

§121.151. Distribution of Community Property.

§121.152. Distribution of Property Owned by Joint Owners.

§121.153. Distribution of Certain Insurance Proceeds.

Chapter 122. Disclaimers and Assignments

Subchapter A. Disclaimer of Interest or Power (§§122.001 - 122.005)

§122.001. Definitions.

§122.002. Disclaimer.

§122.201. Assignment; When Assignment Ineffective or Limited.

§122.202. Filing of Assignment.

§122.203. Notice. [repealed]

§122.204. Failure to Comply.

§122.205. Gift.

§122.206. Spendthrift Provision.

Chapter 123. Dissolution of Marriage

Subchapter A. Effect of Dissolution of Marriage on Will (§§123.001 - 123.002)

§123.001. Will Provisions Made Before Dissolution of Marriage.

§123.002. Treatment of Decedent’s Former Spouse.

Subchapter B. Effect of Dissolution of Marriage on Certain Nontestamentary Transfers (§§123.051 - 123.055)

§123.051. Definitions.

§123.052. Revocation of Certain Nontestamentary Transfers; Treatment of Former Spouse as Beneficiary under Certain Policies or Plans.

§123.053. Effect of Revocation.

§123.054. Liability of Certain Purchasers or Recipients of Certain Payments, Benefits, or Property.

§123.055. Liability of Former Spouse for Certain Payments, Benefits, or Property.

§123.056. Certain Trusts with Divorced Individuals as Joint Settlors.

Subchapter C. Certain Marriages Voidable after Death (§§123.101 - 123.104)

§123.101. Proceeding to Void Marriage Based on Mental Capacity Pending at Time of Death.

§123.102. Application to Void Marriage after Death.

§123.103. Action on Application to Void Marriage after Death.

§123.104. Effect of Voided Marriage.

Subchapter D. Effect of Dissolution of Marriage on Certain Multiple-Party Accounts (§123.151)

§123.151. Designation of Former Spouse or Relative of Former Spouse on Certain Multiple-party Accounts.

Chapter 124. Valuation and Taxation of Estate Property

Subchapter A. Apportionment of Taxes (§§124.001 - 124.018)

§124.001. Definitions.

§124.002. References to Internal Revenue Code.

§124.003. Apportionment Directed by Federal Law.

§124.004. Effect of Disclaimers.

§124.005. General Apportionment of Estate Tax; Exceptions.

§124.006. Effect of Tax Deductions, Exemptions, or Credits.

§124.007. Exclusion of Certain Property from Apportionment.

§124.008. Exclusion of Certain Temporary Interests from Apportionment.

§124.009. Qualified Real Property.


§124.010. Effect of Extension or Deficiency in Payment of Estate Taxes; Liability of Representative.

§124.011. Apportionment of Interest and Penalties.

§124.012. Apportionment of Representative’s Expenses.

§124.013. Withholding of Estate Tax Share by Representative.

§124.014. Recovery of Estate Tax Share Not Withheld.

§124.015. Recovery of Unpaid Estate Tax; Reimbursement.

§124.016. Time to Initiate Actions to Recover Unpaid Estate Tax.

§124.017. Tax or Death Duty Payable to Another State.

§124.018. Payment of Expenses and Attorney’s Fees.

Subchapter B. Satisfaction of Certain Pecuniary Gifts (§§124.051 - 124.052)

§124.051. Valuation of Property Distributed in Kind in Satisfaction of Pecuniary Gift.

§124.052. Satisfaction of Marital Deduction Pecuniary Gifts with Assets in Kind.

SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE (Ch. 151 - 153)

Chapter 151. Examination of Documents and Safe Deposit Boxes

§151.001. Examination of Documents or Safe Deposit Box with Court Order.

§151.002. Delivery of Document with Court Order.

§151.003. Examination of Document or Safe Deposit Box Without Court Order.

§151.004. Delivery of Document Without Court Order.

§151.005. Restriction on Removal of Contents of Safe Deposit Box.

Chapter 152. Emergency Intervention

Subchapter A. Emergency Intervention Application (§§152.001 - 152.004)

§152.001. Application Authorized.

§152.002. Contents of Application.

§152.003. Additional Contents of Application: Instructions Regarding Decedent’s Funeral and Remains.

§152.004. Time and Place of Filing.

Subchapter B. Order for Emergency Intervention (§§152.051 - 152.055)

§152.051. Issuance of Order Regarding Funeral and Burial Expenses.

§152.052. Issuance of Order Regarding Access to Certain Personal Property.

§152.053. Duration of Order.

§152.054. Certified Copies of Order.

§152.055. Liability of Certain Persons in Connection with Order.

Subchapter C. Limitation on Right of Decedent’s Surviving Spouse to Control Decedent’s Burial or Cremation (§§152.101 - 152.102)

§152.101. Application Authorized.

§152.102. Hearing; Issuance of Order.

Chapter 153. Access to Intestate’s Account With Financial Institution

§153.001. Definitions.

§153.002. Inapplicability of Chapter.

§153.003. Court-ordered Access to Intestate’s Account Information.

SUBTITLE E. INTESTATE SUCCESSION (Ch. 201 - 205)

Chapter 201. Descent and Distribution

Subchapter A. Intestate Succession (§§201.001 - 201.003)

§201.001. Estate of an Intestate Not Leaving Spouse.

§201.002. Separate Estate of an Intestate.

§201.003. Community Estate of an Intestate.

Subchapter B. Matters Affecting Inheritance (§§201.051 - 201.062)

§201.051. Maternal Inheritance.

§201.052. Paternal Inheritance.

§201.053. Effect of Reliance on Affidavit of Heirship.

§201.054. Adopted Child.

§201.055. Issue of Void or Voidable Marriage.

§201.056. Persons Not in Being.

§201.057. Collateral Kindred of Whole and Half Blood.

§201.058. Convicted Persons.

§201.059. Person Who Dies by Casualty.

§201.060. Alienage.

§201.061. Estate of Person Who Dies by Suicide.

§201.062. Treatment of Certain Parent-Child Relationships.

Subchapter C. Distribution to Heirs (§§201.101 - 201.103)

§201.101. Determination of per Capita with Representation Distribution.

§201.102. No Distinction Based on Property’s Source.

§201.103. Treatment of Intestate’s Estate.

Subchapter D. Advancements (§§201.151 - 201.152)

§201.151. Determination of Advancement; Date of Valuation.

§201.152. Survival of Recipient Required.

Chapter 202. Determination of Heirship

Subchapter A. Authorization and Procedures for Commencement of Proceeding to Declare Heirship (§§202.001 - 202.009)

§202.001. General Authorization for and Nature of Proceeding to Declare Heirship.

§202.002. Circumstances under Which Proceeding to Declare Heirship Is Authorized.

§202.0025. Action Brought after Decedent’s Death.

§202.004. Persons Who May Commence Proceeding to Declare Heirship.

§202.005. Application for Proceeding to Declare Heirship.

§202.006. Request for Determination of Necessity for Administration.

§202.007. Affidavit Supporting Application Required.

§202.008. Required Parties to Proceeding to Declare Heirship.

§202.009. Attorney Ad Litem.

Subchapter B. Notice of Proceeding to Declare Heirship (§§202.051 - 202.057)

§202.051. Service of Citation by Qualified Delivery Method When Recipient’s Name and Address Are Known or Ascertainable.

§202.052. Service of Citation by Publication.

§202.053. Required Posting of Citation.

§202.054. Personal Service of Citation May Be Required.

§202.055. Service of Citation on Certain Persons Not Required.

§202.056. Waiver of Service of Citation.

§202.057. Affidavit of Service of Citation.

Subchapter C. Transfer of Pending Proceeding to Declare Heirship (§§202.101 - 202.103)

§202.101. Required Transfer of Pending Proceeding to Declare Heirship under Certain Circumstances.

§202.102. Transfer of Records.

§202.103. Procedures Applicable to Transferred Proceeding to Declare Heirship; Consolidation with Other Proceeding.

Subchapter D. Evidence Relating to Determination of Heirship (§§202.151 - 202.152)

§202.151. Evidence in Proceeding to Declare Heirship.

§202.152. Presumption; Rebuttal.

Subchapter E. Judgment in Proceeding to Declare Heirship (§§202.201 - 202.206)

§202.201. Required Statements in Judgment.

§202.202. Finality and Appeal of Judgment.

§202.203. Correction of Judgment at Request of Heir Not Properly Served.

§202.204. Limitation of Liability of Certain Persons Acting in Accordance with Judgment.

§202.205. Effect of Certain Judgments on Liability to Creditors.

§202.206. Filing and Recording of Judgment.

Chapter 203. Nonjudicial Evidence of Heirship

§203.001. Recorded Statement of Facts as Prima Facie Evidence of Heirship.

§203.002. Form of Affidavit Concerning Identity of Heirs.


Chapter 204. Genetic Testing in Proceedings to Declare Heirship

Subchapter A. General Provisions (§204.001)

§204.001. Proceedings and Records Public.

Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship (§§204.051 - 204.056)

§204.051. Order for Genetic Testing.

§204.052. Advancement of Costs.

§204.053. Order and Advancement of Costs for Subsequent Genetic Testing.

§204.054. Submission of Genetic Material by Other Relative under Certain Circumstances.

§204.055. Genetic Testing of Deceased Individual.

§204.056. Criminal Penalty.

Subchapter C. Results of Genetic Testing (§§204.101 - 204.103)

§204.101. Results of Genetic Testing; Admissibility.

§204.102. Presumption Regarding Results of Genetic Testing; Rebuttal.

§204.103. Contesting Results of Genetic Testing.

Subchapter D. Use of Results of Genetic Testing in Certain Proceedings to Declare Heirship (§§204.151 - 204.153)

§204.151. Applicability of Subchapter.

§204.152. Presumption; Rebuttal.

§204.153. Effect of Inconclusive Results of Genetic Testing.

Subchapter E. Additional Orders Following Results of Genetic Testing (§204.201)

§204.201. Order for Change of Name.

Chapter 205. Small Estate Affidavit

§205.001. Entitlement to Estate Without Appointment of Personal Representative.

§205.002. Affidavit Requirements.

§205.003. Examination and Approval of Affidavit.

§205.004. Copy of Affidavit to Certain Persons.

§205.005. Affidavit as Local Government Record.

§205.006. Title to Homestead Transferred under Affidavit.

§205.007. Liability of Certain Persons.

§205.008. Effect of Chapter.

§205.009. Construction of Certain References.

SUBTITLE F. WILLS (Ch. 251 - 258)

Chapter 251. Fundamental Requirements and Provisions Relating to Wills

Subchapter A. Will Formation (§§251.001 - 251.002)

§251.001. Who May Execute Will.

§251.002. Interests That May Pass by Will; Disinheritance.

Subchapter B. Will Requirements (§§251.051 - 251.053)

§251.051. Written, Signed, and Attested.

§251.052. Exception for Holographic Wills.

§251.053. Exception for Foreign and Certain Other Wills.

Subchapter C. Self-proved Wills (§§251.101 - 251.107)

§251.101. Self-proved Will.

§251.102. Probate and Treatment of Self-proved Will.

§251.103. Period for Making Attested Wills Self-proved.

§251.104. Requirements for Self-proving Affidavit.

§251.1045. Simultaneous Execution, Attestation, and Self-Proving.

§251.105. Effect of Signature on Self-Proving Affidavit.

§251.106. Contest, Revocation, or Amendment of Self-proved Will.

§251.107. Self-proved Holographic Will.

Chapter 252. Safekeeping and Custody of Wills

Subchapter A. Deposit of Will with County Clerk (§§252.001 - 252.004)

§252.001. Will Deposit; Certificate.

§252.002. Sealed Wrapper Required.

§252.003. Numbering of Filed Wills and Corresponding Certificates.

§252.004. Index.

Subchapter B. Will Delivery During Life of Testator (§§252.051 - 252.052)

§252.051. Will Delivery.

§252.052. Surrender of Certificate of Deposit; Exception.

Subchapter C. Actions by County Clerk on Death of Testator (§§252.101 - 252.105)

§252.101. Notification by County Clerk.

§252.102. Will Delivery on Testator’s Death.

§252.103. Inspection of Will by County Clerk.

§252.104. Notice and Delivery of Will to Executor.

§252.105. Notice and Delivery of Will to Devisees.

Subchapter D. Legal Effect of Will Deposit (§§252.151 - 252.153)

§252.151. Deposit Has No Legal Significance.

§252.152. Prior Deposited Will in Relation to Later Will.

§252.153. Will Deposit Does Not Constitute Notice.

Subchapter E. Duty and Liability of Custodian of Estate Papers (§§252.201 - 252.204)

§252.201. Will Delivery.

§252.2015. Notice and Delivery of Will to Executor or Devisees.

§252.202. Personal Service on Custodian of Estate Papers.

§252.203. Arrest; Confinement.

§252.204. Damages.

Chapter 253. Change and Revocation of Wills

§253.001. Court May Not Prohibit Changing or Revoking a Will.

§253.002. Revocation of Will.

Chapter 254. Certain Provisions In, and Contracts Relating To, Wills

§254.001. Devises to Trustees.

§254.002. Bequests to Certain Subscribing Witnesses.

§254.003. Devises to Certain Attorneys and Other Persons.

§254.004. Contracts Concerning Wills or Devises; Joint or Reciprocal Wills.

§254.005. Forfeiture Clause.

§254.006. Designation of Administrator.

Chapter 255. Construction and Interpretation of Wills

Subchapter A. Certain Personal Property Excluded from Devise or Legacy (§§255.001 - 255.003)

§255.001. Definitions.

§255.002. Certain Personal Property Excluded from Devise of Real Property.

§255.003. Contents Excluded from Legacy of Personal Property.

Subchapter B. Succession by Pretermitted Child (§§255.051 - 255.056)

§255.051. Definition.

§255.052. Applicability and Construction.

§255.053. Succession by Pretermitted Child If Testator Has Living Child at Will’s Execution.

§255.054. Succession by Pretermitted Child If Testator Has No Living Child at Will’s Execution.

§255.055. Ratable Recovery by Pretermitted Child from Portions Passing to Other Beneficiaries.

§255.056. Limitation on Reduction of Estate Passing to Surviving Spouse.

Subchapter C. Lifetime Gifts as Satisfaction of Devise (§§255.101 - 255.102)

§255.101. Certain Lifetime Gifts Considered Satisfaction of Devise.

§255.102. Valuation of Property.

Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator (§§255.151 - 255.154)

§255.151. Applicability of Subchapter.

§255.152. Failure of Devise; Effect on Residuary Estate.

§255.153. Disposition of Property to Certain Devisees Who Predecease Testator.

§255.154. Devisee under Class Gift.

Subchapter F. Devise of Securities (§§255.251 - 255.253)

§255.251. Definitions.

§255.252. Increase in Securities; Accessions.


§255.253. Cash Distribution Not Included in Devise.

Subchapter G. Exoneration of Debts Secured by Specific Devises (§§255.301 - 255.304)

§255.301. No Right to Exoneration of Debts.

§255.302. Exception.

§255.303. Rights of Certain Creditors and Other Persons.

§255.304. Applicability of Subchapter.

Subchapter H. Exercise of Power of Appointment Through Will (§255.351)

§255.351. Exercise of Power of Appointment Through Will.

Subchapter I. Class Gifts (§255.401)

§255.401. Posthumous Class Gift Membership.

Subchapter J. Judicial Modification or Reformation of Wills (§§255.451 - 255.455)

§255.451. Circumstances under Which Will May Be Modified or Reformed.

§255.452. Judicial Discretion.

§255.453. Retroactive Effect.

§255.454. Powers Cumulative.

§255.455. Duties and Liability of Personal Representative under Subchapter.

§255.456. Jurisdiction and Transfer of Proceeding.

Chapter 256. Probate of Wills Generally

Subchapter A. Effectiveness of Will; Period for Probate (§§256.001 - 256.003)

§256.001. Will Not Effective until Probated.

§256.002. Probate Before Death Void.

§256.003. Period for Admitting Will to Probate; Protection for Certain Purchasers.

Subchapter B. Application Requirements (§§256.051 - 256.054)

§256.051. Eligible Applicants for Probate of Will.

§256.052. Contents of Application for Probate of Will.

§256.053. Filing of Will with Application for Probate Generally Required.

§256.054. Additional Application Requirements When No Will Is Produced.

Subchapter C. Procedures for Second Application (§§256.101 - 256.103)

§256.101. Procedure on Filing of Second Application When Original Application Has Not Been Heard.

§256.102. Procedure on Filing of Second Application for Probate after First Will Has Been Admitted.

§256.103. Procedure When Application for Probate Is Filed after Letters of Administration Have Been Granted.

Subchapter D. Required Proof for Probate of Will (§§256.151 - 256.157)

§256.151. General Proof Requirements.

§256.152. Additional Proof Required for Probate of Will.

§256.153. Proof of Execution of Attested Will.

§256.154. Proof of Execution of Holographic Will.

§256.155. Procedures for Depositions When No Contest Is Filed.

§256.156. Proof of Will Not Produced in Court.

§256.157. Testimony Regarding Probate to Be Committed to Writing.

Subchapter E. Admission of Will To, and Procedures Following, Probate (§§256.201 - 256.204)

§256.201. Admission of Will to Probate.

§256.202. Custody of Probated Will.

§256.203. Establishing Contents of Will Not in Court’s Custody.

§256.204. Period for Contest.

Chapter 257. Probate of Will as Muniment of Title

Subchapter A. Authorization (§257.001)

§257.001. Probate of Will as Muniment of Title Authorized.

Subchapter B. Application and Proof Requirements (§§257.051 - 257.054)

§257.051. Contents of Application Generally.

§257.052. Filing of Will with Application Generally Required.

§257.053. Additional Application Requirements When No Will Is Produced.

§257.054. Proof Required.

Subchapter C. Order Admitting Will; Report (§§257.101 - 257.103)

§257.101. Declaratory Judgment Construing Will.

§257.102. Authority of Certain Persons Acting in Accordance with Order.

§257.103. Report by Applicant after Probate.

Subchapter D. Subsequent Estate Administration (§§257.151 - 257.152)

§257.151. Appointment of Personal Representative and Opening of Administration After Will Admitted to Probate as Muniment of Title.

§257.152. Computation of Certain Periods.

Chapter 258. Citations and Notices Relating to Probate of Will

Subchapter A. Citations with Respect to Applications for Probate of Will (§§258.001 - 258.003)

§258.001. Citation on Application for Probate of Will Produced in Court.

§258.002. Citation on Application for Probate of Will Not Produced in Court.

§258.003. Court Action Prohibited Before Service of Citation.

Subchapter B. Notices with Respect to Application to Probate Will after the Period for Probate (§§258.051 - 258.053)

§258.051. Notice to Heirs.

§258.052. Appointment of Attorney Ad Litem.

§258.053. Previously Probated Will.

Subchapter C. Service by Publication or Other Substituted Service (§258.101)

§258.101. Service by Publication or Other Substituted Service.

SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION (Ch. 301 - 310)

Chapter 301. Application for Letters Testamentary or of Administration

Subchapter A. Period for Application for Letters (§§301.001 - 301.002)

§301.001. Administration Before Death Void.

§301.002. Period for Filing Application for Letters Testamentary or of Administration.

Subchapter B. Application Requirements (§§301.151 - 301.152)

§301.051. Eligible Applicants for Letters.

§301.052. Contents of Application for Letters of Administration.

Subchapter C. Opposition to Certain Applications (§301.101)

§301.101. Opposition to Application for Letters of Administration.

Subchapter D. Required Proof for Issuance of Letters (§§301.151 - 301.155)

§301.151. General Proof Requirements.

§301.152. Additional Proof Required for Letters Testamentary.

§301.153. Additional Proof Required for Letters of Administration; Effect of Finding No Necessity for Administration Exists.

§301.154. Proof Required When Letters Have Previously Been Granted.

§301.155. Authorized Methods of Proof.

Subchapter E. Prevention of Administration (§§301.201 - 301.203)

§301.201. Method of Preventing Administration Requested by Creditor.

§301.202. Suit on Bond.

§301.203. Bond Secured by Lien.

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

§303.001. Citation on Application for Issuance of Letters of Administration.

§303.002. Court Action Prohibited Before Service of Citation.

Chapter 304. Persons Who May Serve as Personal Representatives

§304.001. Order of Persons Qualified to Serve as Personal Representative.

§304.002. Renouncing Right to Serve as Personal Representative.


§304.003. Persons Disqualified to Serve as Executor or Administrator.

Chapter 305. Qualification of Personal Representatives

Subchapter A. General Provisions (§§305.001 - 305.004)

§305.001. Definitions.

§305.002. Manner of Qualification of Personal Representative.

§305.003. Period for Taking Oath or Making and Signing Declaration.

§305.004. Period for Giving Bond.

Subchapter B. Oaths or Declarations (§§305.051 - 305.055)

§305.051. Oath or Declaration of Executor or Administrator with Will Annexed.

§305.052. Oath or Declaration of Administrator.

§305.053. Oath or Declaration of Temporary Administrator.

§305.054. Administration of Oath.

§305.055. Filing and Recording of Oath or Declaration.

Subchapter C. General Provisions Relating to Bonds (§§305.101 - 305.111)

§305.101. Bond Generally Required; Exceptions.

§305.102. Bond Required from Executor Otherwise Exempt.

§305.103. Bonds of Joint Personal Representatives.

§305.104. Bond of Married Person.

§305.105. Bond of Married Person under 18 Years of Age.

§305.106. General Formalities.

§305.107. Subscription of Bond by Principals and Sureties.

§305.108. Form of Bond.

§305.109. Filing of Bond.

§305.110. Failure to Give Bond.

§305.111. Bond Not Void on First Recovery.

Subchapter D. Amount of Bond and Associated Deposits (§§305.151 - 305.160)

§305.151. General Standard Regarding Amount of Bond.

§305.152. Evidentiary Hearing on Amount of Bond.

§305.153. Specific Bond Amount.

§305.154. Agreement Regarding Deposit of Estate Assets.

§305.155. Deposit of Estate Assets on Terms Prescribed by Court.

§305.156. Deposits of Personal Representative.

§305.157. Receipt for Deposits of Personal Representative.

§305.158. Bond Required Instead of Deposits by Personal Representative.

§305.159. Withdrawal of Deposits on Closing of Administration.

§305.160. Increased or Additional Bonds in Certain Circumstances.

Subchapter E. Bond Sureties (§§305.201 - 305.207)

§305.201. Personal or Authorized Corporate Sureties.

§305.202. Sureties for Certain Bonds.

§305.203. Affidavit of Personal Surety.

§305.204. Lien on Real Property Owned by Personal Sureties.

§305.205. Subordination of Lien on Real Property Owned by Personal Sureties.

§305.206. Release of Lien on Real Property Owned by Personal Sureties.

§305.207. Deposits by Personal Surety.

Subchapter F. New Bonds (§§305.251 - 305.257)

§305.251. Grounds for Requiring New Bond.

§305.252. Court Order or Citation on New Bond.

§305.253. Show Cause Hearing on New Bond Requirement.

§305.254. Effect of Order Requiring New Bond.

§305.255. New Bond in Decreased Amount.

§305.256. Request by Surety for New Bond.

§305.257. Discharge of Former Sureties on Execution of New Bond.

Chapter 306. Granting and Issuance of Letters

§306.001. Granting of Letters Testamentary.

§306.002. Granting of Letters of Administration.

§306.003. Order Granting Letters.

§306.004. Issuance of Original Letters.

§306.005. Form and Content of Letters.

§306.006. Replacement and Other Additional Letters.

§306.007. Effect of Letters or Certificate.

Chapter 307. Validity of Certain Acts of Executors and Administrators

§307.001. Rights of Good Faith Purchasers.

§307.002. Joint Executors or Administrators.

Chapter 308. Notice to Beneficiaries and Claimants

Subchapter A. Notice to Certain Beneficiaries after Probate of Will (§§308.001 - 308.004)

§308.001. Definition.

§308.0015. Application.

§308.002. Required Notice to Certain Beneficiaries after Probate of Will.

§308.003. Contents of Notice.

§308.004. Affidavit or Certificate.

Subchapter B. Notice to Claimants (§§308.051 - 308.056)

§308.051. Required Notice Regarding Presentment of Claims in General.

§308.052. Proof of Publication.

§308.053. Required Notice to Secured Creditor.

§308.054. Permissive Notice to Unsecured Creditor.

§308.055. One Notice Sufficient.

§308.056. Liability for Failure to Give Required Notice.

Chapter 309. Inventory, Appraisement, and List of Claims

Subchapter A. Appraisers (§§309.001 - 309.003)

§309.001. Appointment of Appraisers.

§309.002. Appraisers’ Fees.

§309.003. Failure or Refusal to Act by Appraisers.

Subchapter B. Requirements for Inventory, Appraisement, and List of Claims; Affidavit in Lieu of Inventory, Appraisement, and List of Claims (§§309.051 - 309.0575)

§309.051. Inventory and Appraisement.

§309.052. List of Claims.

§309.053. Affidavit of Personal Representative.

§309.054. Approval or Disapproval by the Court.

§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.

§309.056. Affidavit in Lieu of Inventory, Appraisement, and List of Claims.

§309.057. Penalty for Failure to Timely File Inventory, Appraisement, and List of Claims or Affidavit in Lieu Of.

§309.0575. Penalty for Misrepresentation in Affidavit in Lieu of Inventory, Appraisement, and List of Claims.

Subchapter C. Changes to Inventory, Appraisement, and List of Claims (§§309.101 - 309.104)

§309.101. Discovery of Additional Property or Claims.

§309.102. Additional Inventory and Appraisement or List of Claims.

§309.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item.

§309.104. Reappraisement.

Subchapter D. Use of Inventory, Appraisement, and List of Claims as Evidence (§309.151)

§309.151. Use of Inventory, Appraisement, and List of Claims as Evidence.

Chapter 310. Allocation of Estate Income and Expenses

§310.001. Definition.

§310.002. Applicability of Other Law.

§310.003. Allocation of Expenses.

§310.004. Income Determination and Distribution.

§310.005. Treatment of Income Received by Trustee.


§310.006. Frequency and Method of Determining Interests in Certain Estate Assets.

SUBTITLE H. CONTINUATION OF ADMINISTRATION (Ch. 351 - 362)

Chapter 351. Powers and Duties of Personal Representatives in General

Subchapter A. General Provisions (§§351.001 - 351.003)

§351.001. Applicability of Common Law.

§351.002. Appeal Bond.

§351.003. Certain Costs Adjudged Against Personal Representative.

Subchapter B. General Authority of Personal Representatives (§§351.051 - 351.054)

§351.051. Exercise of Authority under Court Order.

§351.052. Exercise of Authority Without Court Order.

§351.053. Authority to Serve Pending Appeal of Appointment.

§351.054. Authority to Commence Suits.

Subchapter C. Possession and Care of Estate Property (§§351.101 - 351.105)

§351.101. Duty of Care.

§351.102. Possession of Personal Property and Records.

§351.103. Possession of Property Held in Common Ownership.

§351.104. Administration of Partnership Interest.

§351.105. Holding of Stocks, Bonds, and Other Personal Property in Nominee’s Name.

§351.106. Digital Assets.

Subchapter D. Collection of Claims; Recovery of Property (§§351.151 - 351.153)

§351.151. Ordinary Diligence Required.

§351.152. Contingent Interest for Certain Attorney’s Fees; Court Approval.

§351.153. Recovery of Certain Expenses.

Subchapter E. Operation of Business (§§351.201 - 351.205)

§351.201. Definition.

§351.202. Order Requiring Personal Representative to Operate Business.

§351.203. Powers of Personal Representative Regarding Business.

§351.204. Fiduciary Duties of Personal Representative Regarding Business.

§351.205. Real Property of Business; Notice.

Subchapter F. Authority to Engage in Certain Borrowing (§§351.251 - 351.253)

§351.251. Mortgage or Pledge of Estate Property Authorized in Certain Circumstances.

§351.252. Application; Order.

§351.253. Term of Loan or Lien Extension.

Subchapter G. Payment of Income of Certain Estates During Administration (§§351.301 - 351.303)

§351.301. Applicability of Subchapter.

§351.302. Application and Order for Payment of Certain Estate Income.

§351.303. Treatment of Certain Amounts Received from Mineral Lease.

Subchapter H. Certain Administered Estates (§§351.351 - 351.355)

§351.351. Applicability.

§351.352. Ensuring Compliance with Law.

§351.353. Annual Examination of Certain Estates; Bond of Personal Representative.

§351.354. Judge’s Liability.

§351.355. Identifying Information.

Chapter 352. Compensation and Expenses of Personal Representatives and Others

Subchapter A. Compensation of Personal Representatives (§§352.001 - 352.004)

§352.001. Definition.

§352.002. Standard Compensation.

§352.003. Alternate Compensation.

§352.004. Denial of Compensation.

Subchapter B. Expenses of Personal Representatives and Others (§§352.051 - 352.053)

§352.051. Expenses; Attorney’s Fees.

§352.052. Allowance for Defense of Will.

§352.053. Expense Charges.

Chapter 353. Exempt Property and Family Allowance

Subchapter A. General Provisions (§353.001)

§353.001. Treatment of Certain Children.

Subchapter B. Exempt Property; Allowance in Lieu of Exempt Property (§§353.051 - 353.056)

§353.051. Exempt Property to Be Set Aside.

§353.052. Delivery of Exempt Property.

§353.053. Allowance in Lieu of Exempt Property.

§353.054. Payment of Allowance in Lieu of Exempt Property.

§353.055. Method of Paying Allowance in Lieu of Exempt Property.

§353.056. Sale of Property to Raise Funds for Allowance in Lieu of Exempt Property.

Subchapter C. Family Allowance (§§353.101 - 353.107)

§353.101. Family Allowance.

§353.102. Amount and Method of Payment of Family Allowance.

§353.103. Order Fixing Family Allowance.

§353.104. Preference of Family Allowance.

§353.105. Payment of Family Allowance.

§353.106. Surviving Spouse, Minor Children, or Adult Incapacitated Children May Take Personal Property for Family Allowance.

§353.107. Sale of Estate Property to Raise Funds for Family Allowance.

Subchapter D. Liens on and Disposition of Exempt Property and Property Taken as Allowance (§§353.151 - 353.1551)

§353.151. Liens.

§353.152. Distribution of Exempt Property of Solvent Estate.

§353.153. Title to Property of Insolvent Estate.

§353.154. Certain Property Not Considered in Determining Solvency.

§353.155. Exempt Property Liable for Certain Debts.

§353.1551. Claim Holder Duty to Possess or Sell Within Reasonable Time.

Chapter 354. Summary Proceedings For, or Withdrawal from Administration Of, Certain Estates

Subchapter A. Summary Proceedings for Certain Small Estates (§354.001)

§354.001. Summary Proceedings for Certain Small Estates.

Subchapter B. Withdrawal from Administration of Certain Estates (§§354.051 - 354.058)

§354.051. Required Report on Condition of Estate.

§354.052. Bond Required to Withdraw Estate from Administration.

§354.053. Order for Delivery of Estate.

§354.054. Order of Discharge.

§354.055. Lien on Property of Estate Withdrawn from Administration.

§354.056. Partition of Estate Withdrawn from Administration.

§354.057. Creditors Entitled to Sue on Bond.

§354.058. Creditors May Sue Distributees.

Chapter 355. Presentment and Payment of Claims

Subchapter A. Presentment of Claims Against Estates in General (§§355.001 - 355.008)

§355.001. Presentment of Claim to Personal Representative.

§355.002. Presentment of Claim to Clerk.

§355.003. Inclusion of Attorney’s Fees in Claim.

§355.004. Affidavit Authenticating Claim for Money in General.

§355.005. Affidavit Authenticating Claim of Corporation or Other Entity.


§355.006. Lost or Destroyed Evidence Concerning Claim.

§355.007. Waiver of Certain Defects of Form or Claims of Insufficiency.

§355.008. Effect on Statutes of Limitation of Presentment of or Suit on Claim.

Subchapter B. Action on Claims (§§355.051 - 355.066)

§355.051. Allowance or Rejection of Claim.

§355.052. Failure to Timely Allow or Reject Claim.

§355.053. Claim Entered on Claim Docket.

§355.054. Contest of Claim.

§355.055. Court’s Action on Claim.

§355.056. Hearing on Certain Claims.

§355.057. Court Order Regarding Action on Claim.

§355.058. Appeal of Court’s Action on Claim.

§355.059. Allowance and Approval Prohibited Without Affidavit.

§355.060. Unsecured Claims Barred under Certain Circumstances.

§355.061. Allowing Barred Claim Prohibited: Court Disapproval.

§355.062. Certain Actions on Claims with Lost or Destroyed Evidence Void.

§355.063. Claims Not Allowed after Order for Partition and Distribution.

§355.064. Suit on Rejected Claim.

§355.065. Presentment of Claim Prerequisite for Judgment.

§355.066. Judgment in Suit on Rejected Claim.

Subchapter C. Payment of Claims, Allowances, and Expenses (§§355.101 - 355.113)

§355.101. Approval or Establishment of Claim Required for Payment.

§355.102. Claims Classification; Priority of Payment.

§355.103. Priority of Certain Payments.

§355.104. Payment of Proceeds from Sale of Property Securing Debt.

§355.105. Claimant’s Petition for Allowance and Payment of Claim.

§355.106. Order for Payment of Claim Obtained by Personal Representative.

§355.107. Order for Payment of Claim Obtained by Creditor.

§355.108. Payment When Assets Insufficient to Pay Claims of Same Class.

§355.109. Abatement of Bequests.

§355.110. Allocation of Funeral Expenses.

§355.111. Payment of Court Costs Relating to Claim.

§355.112. Joint Obligation for Payment of Certain Debts.

§355.113. Liability for Nonpayment of Claim.

Subchapter D. Presentment and Payment of Secured Claims for Money (§§355.151 - 355.160)

§355.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien.

§355.152. Period for Specifying Treatment of Secured Claim.

§355.153. Payment of Matured Secured Claim.

§355.154. Preferred Debt and Lien.

§355.155. Payment of Maturities on Preferred Debt and Lien.

§355.1551. Claim Holder Duty to Possess or Sell Within Reasonable Time.

§355.156. Affidavit Required for Foreclosure.

§355.157. Citation on Application.

§355.158. Hearing on Application.

§355.159. Manner of Foreclosure; Minimum Price.

§355.160. Unsuccessful Foreclosure; Subsequent Application.

Subchapter E. Claims Involving Personal Representatives (§§355.201 - 355.203)

§355.201. Claim by Personal Representative.

§355.202. Claims Against Personal Representatives.

§355.203. Purchase of Claim by Personal Representative Prohibited.

Chapter 356. Sale of Estate Property

Subchapter A. General Provisions (§§356.001 - 356.002)

§356.001. Court Order Authorizing Sale.

§356.002. Sale Authorized by Will.

Subchapter B. Certain Estate Property Required to Be Sold (§356.051)

§356.051. Sale of Certain Personal Property Required.

Subchapter C. Sale of Personal Property (§§356.101 - 356.105)

§356.101. Order for Sale.

§356.102. Requirements for Application and Order.

§356.103. Sale at Public Auction.

§356.104. Sale on Credit.

§356.105. Report; Evidence of Title.

Subchapter D. Sale of Livestock (§§356.151 - 356.155)

§356.151. Authority for Sale.

§356.152. Contents of Application; Hearing.

§356.153. Grant of Application.

§356.154. Report; Passage of Title.

§356.155. Commission Merchant Fees.

Subchapter E. Sale of Mortgaged Property (§§356.201 - 356.203)

§356.201. Application for Sale of Mortgaged Property.

§356.202. Citation.

§356.203. Order.

Subchapter F. Sale of Real Property: Application and Order for Sale (§§356.251 - 356.257)

§356.251. Application for Order of Sale.

§356.252. Contents of Application.

§356.253. Citation.

§356.254. Opposition to Sale.

§356.255. Hearing on Application and Any Opposition.

§356.256. Order.

§356.257. Sale for Payment of Debts.

Subchapter G. Sale of Real Estate: Terms of Sale (§§356.301 - 356.302)

§356.301. Permissible Terms.

§356.302. Sale on Credit.

Subchapter H. Reconveyance of Real Estate Following Foreclosure (§§356.351 - 356.353)

§356.351. Applicability of Subchapter.

§356.352. Application and Order for Reconveyance.

§356.353. Exchange for Bonds.

Subchapter I. Sale of Real Estate: Public Sale (§§356.401 - 356.405)

§356.401. Method of Sale; Required Notice.

§356.402. Completion of Auction.

§356.403. Time and Place of Auction.

§356.404. Continuance of Auction.

§356.405. Failure of Bidder to Comply.

Subchapter J. Sale of Real Estate: Contract for Private Sale (§356.451)

§356.451. Terms of Sale.

Subchapter K. Sale of Easement or Right-of-way (§§356.501 - 356.502)

§356.501. Authorization.

§356.502. Procedure.

Subchapter L. Approval of Sale of Real Property and Transfer of Title (§§356.551 - 356.559)

§356.551. Report.

§356.552. Action of Court on Report.

§356.553. Approval of Sale When Bond Not Required.

§356.554. Sufficiency of Bond.

§356.555. Increased or Additional Bond Not Required.

§356.556. Approval or Disapproval Order.

§356.557. Deed.

§356.558. Delivery of Deed.

§356.559. Damages; Removal.

Subchapter M. Procedure on Failure to Apply for Sale (§§356.601 - 356.602)

§356.601. Failure to Apply for Sale.

§356.602. Court Order.

Subchapter N. Purchase of Property by Personal Representative (§§356.651 - 356.655)

§356.651. General Prohibition on Purchase.

§356.652. Exception: Authorization in Will.

§356.653. Exception: Executory Contract.

§356.654. Exception: Best Interest of Estate.

§356.655. Purchase in Violation of Subchapter.

Chapter 357. Renting Estate Property

Subchapter A. Rental and Return of Estate Property (§§357.001 - 357.005)

§357.001. Renting Estate Property Without Court Order.

§357.002. Renting Estate Property with Court Order.

§357.003. Estate Property Rented on Credit.

§357.004. Condition of Returned Estate Property.

§357.005. Complaint for Failure to Rent.

Subchapter B. Report on Rented Estate Property (§§357.051 - 357.052)

§357.051. Reports Concerning Rentals.

§357.052. Court Action on Report.

Chapter 358. Matters Relating to Mineral Properties

Subchapter A. General Provisions (§358.001)

§358.001. Definitions.

Subchapter B. Mineral Leases after Public Notice (§§358.051 - 358.060)

§358.051. Authorization for Leasing of Minerals.

§358.052. Lease Application.

§358.053. Scheduling of Hearing on Application; Continuance.

§358.054. Notice of Hearing on Application.

§358.055. Requirements Regarding Order and Notice Mandatory.

§358.056. Hearing on Application; Order.

§358.057. Making of Lease on Granting of Application.

§358.058. Bond Requirements.

§358.059. Term of Lease Binding.

§358.060. Amendment of Lease Regarding Effect of Shut-in Gas Well.

Subchapter C. Mineral Leases at Private Sale (§§358.101 - 358.102)

§358.101. Authorization for Leasing of Minerals at Private Sale.

§358.102. Action of Court If Public Advertising Not Required.

Subchapter D. Pooling or Unitization of Royalties or Minerals (§§358.151 - 358.155)

§358.151. Authorization for Pooling or Unitization.

§358.152. Pooling or Unitization Application.

§358.153. Notice Not Required.

§358.154. Hearing on Application.

§358.155. Action of Court and Contents of Order.

Subchapter E. Special Ancillary Instruments That May Be Executed Without Court Order (§358.201)

§358.201. Authorization for Execution of Agreements.

Subchapter F. Procedure If Personal Representative of Estate Neglects to Apply for Authority (§§358.251 - 358.254)

§358.251. Application to Show Cause.

§358.252. Hearing on Application.

§358.253. Order.

§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 (§§359.001 - 359.006)

§359.001. Account of Estate Required.

§359.002. Annual Account Required until Estate Closed.

§359.003. Supporting Vouchers and Other Documents Attached to Account.

§359.004. Method of Proof for Securities and Other Assets.

§359.005. Verification of Account.

§359.006. Additional Accounts.

Subchapter B. Action on Annual Account (§§359.051 - 359.054)

§359.051. Filing and Consideration of Annual Account.

§359.052. Correction of Annual Account.

§359.053. Order for Payment of Claims in Full.

§359.054. Order for Pro Rata Payment of Claims.

Subchapter C. Penalties (§§359.101 - 359.102)

§359.101. Penalty for Failure to File Annual Account.

§359.102. Penalty for Failure to File Exhibit or Report.

Chapter 360. Partition and Distribution of Estate

Subchapter A. Application for Partition and Distribution (§§360.001 - 360.002)

§360.001. General Application.

§360.002. Application for Partial Distribution.

Subchapter B. Citation (§§360.051 - 360.052)

§360.051. Citation of Interested Persons.

§360.052. Citation of Executor or Administrator.

Subchapter C. Proceedings; Expenses (§§360.101 - 360.103)

§360.101. Hearing on Application.

§360.102. Court Decree.

§360.103. Expenses of Partition.

Subchapter D. Partition and Distribution If Estate Property Is Capable of Division (§§360.151 - 360.157)

§360.151. Appointment of Commissioners.

§360.152. Writ of Partition.

§360.153. Partition by Commissioners.

§360.154. Commissioners’ Report.

§360.155. Court Action on Commissioners’ Report.

§360.156. Delivery of Property.

§360.157. Commissioners’ Fees.

Subchapter E. Partition and Distribution If Estate Property Is Incapable of Division (§§360.201 - 360.203)

§360.201. Court Finding.

§360.202. Sale of Estate Property.

§360.203. Applicability of Provisions Relating to Sale of Real Estate.

Subchapter F. Certain Types of Estate Property (§§360.251 - 360.254)

§360.251. Estate Consisting Only of Money or Debts.

§360.252. Estate Property Located in Another County.

§360.253. Community Property.

§360.254. Jointly Owned Property.

Subchapter G. Enforcement (§360.301)

§360.301. Liability for Failure to Deliver Estate Property.

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

Subchapter A. Resignation of Personal Representative (§§361.001 - 361.005)

§361.001. Resignation Application.

§361.002. Immediate Appointment of Successor; Discharge and Release.

§361.003. Hearing Date; Citation.

§361.004. Hearing.

§361.005. Requirements for Discharge.

Subchapter B. Removal and Reinstatement of Personal Representative (§§361.051 - 361.054)

§361.051. Removal Without Notice.

§361.052. Removal with Notice.

§361.053. Removal Order.

§361.054. Removal and Reinstatement of Personal Representative under Certain Circumstances.

Subchapter C. Appointment of Successor Representative (§§361.101 - 361.106)

§361.101. Requirements for Revocation of Letters.

§361.102. Appointment Because of Death, Resignation, or Removal.

§361.103. Appointment Because of Existence of Prior Right.

§361.104. Appointment When Named Executor Becomes an Adult.

§361.105. Appointment of Formerly Sick or Absent Executor.

§361.106. Appointment When Will Discovered after Grant of Administration.


Subchapter D. Procedures after Death, Resignation, or Removal of Personal Representative (§§361.151 - 361.155)

§361.151. Payment to Estate While Office of Personal Representative Is Vacant.

§361.152. Further Administration with or Without Notice or Will Annexed.

§361.153. Rights, Powers, and Duties of Successor Representative.

§361.154. Successor Executor Also Succeeds to Prior Rights and Duties.

§361.155. Successor Representative to Return Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims.

Chapter 362. Closing Administration of Estate

Subchapter A. Settling and Closing Estate (§§362.001 - 362.013)

§362.001. Settling and Closing Administration of Estate.

§362.002. Compelling Settlement of Estate.

§362.003. Verified Account Required.

§362.004. Contents of Account.

§362.005. Citation and Notice on Presentation of Account.

§362.006. Examination of and Hearing on Account.

§362.007. Delivery of Certain Property to Guardian.

§362.008. Certain Debts Excluded from Settlement Computation.

§362.009. Money Due to Estate Pending Final Discharge.

§362.010. [repealed]

§362.011. Partition and Distribution of Estate; Deposit in Court’s Registry.

§362.012. Discharge of Personal Representative When No Estate Property Remains.

§362.013. Discharge of Personal Representative When Estate Fully Administered.

Subchapter B. Failure of Personal Representative to Act (§§362.051 - 362.052)

§362.051. Failure to Present Account.

§362.052. Liability for Failure to Deliver Estate Property.

SUBTITLE I. INDEPENDENT ADMINISTRATION (Ch. 401 - 405)

Chapter 401. Creation

§401.001. Expression of Testator’s Intent in Will.

§401.002. Creation in Testate Estate by Agreement.

§401.003. Creation in Intestate Estate by Agreement.

§401.004. Means of Establishing Distributee Consent.

§401.005. Bond; Waiver of Bond.

§401.006. Granting Power of Sale by Agreement.

§401.007. No Liability of Judge.

§401.008. Person Declining to Serve.

Chapter 402. Administration

Subchapter A. General Provisions (§§402.001 - 402.002)

§402.001. General Scope and Exercise of Powers.

§402.002. Independent Executors May Act Without Court Approval.

§402.003. Digital Assets.

Subchapter B. Power of Sale (§§402.051 - 402.054)

§402.051. Definition of Independent Executor.

§402.052. Power of Sale of Estate Property Generally.

§402.053. Protection of Person Purchasing Estate Property.

§402.054. No Limitation on Other Action.

Chapter 403. Exemptions and Allowances; Claims

Subchapter A. Exemptions and Allowances (§403.001)

§403.001. Setting Aside Exempt Property and Allowances.

Subchapter B. Claims (§§403.051 - 403.060)

§403.051. Duty of Independent Executor.

§403.052. Secured Claims for Money.

§403.053. Matured Secured Claims.

§403.054. Preferred Debt and Lien Claims.

§403.055. Certain Unsecured Claims; Barring of Claims.

§403.056. Notices Required by Creditors.

§403.057. Statute of Limitations.

§403.058. Other Claim Procedures Generally Do Not Apply.

§403.0585. Liability of Independent Executor for Payment of a Claim.

§403.059. Enforcement of Claims by Suit.

§403.060. Requiring Heirs to Give Bond.

Chapter 404. Accountings, Successors, and Other Remedies

§404.001. Accounting.

§404.002. Requiring Independent Executor to Give Bond.

§404.003. Removal of Independent Executor Without Notice.

§404.0035. Removal of Independent Executor with Notice.

§404.0036. Removal Order.

§404.0037. Costs and Expenses Related to Removal of Independent Executor.

§404.004. Powers of an Administrator Who Succeeds an Independent Executor.

§404.005. Court-appointed Successor Independent Administrator.

Chapter 405. Closing and Distributions

§405.001. Accounting and Distribution.

§405.0015. Distributions Generally.

§405.002. Receipts and Releases for Distributions by Independent Executor.

§405.003. Judicial Discharge of Independent Executor.

§405.004. Closing Independent Administration by Closing Report or Notice of Closing Estate.

§405.005. Closing Report.

§405.006. Notice of Closing Estate.

§405.007. Effect of Filing Closing Report or Notice of Closing Estate.

§405.008. Partition and Distribution or Sale of Property Incapable of Division.

§405.009. Closing Independent Administration on Application by Distributee.

§405.010. Issuance of Letters.

§405.011. Rights and Remedies Cumulative.

§405.012. Closing Procedures Not Required.

SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF CERTAIN ESTATES (Ch. 451 - 456)

Chapter 451. Order of No Administration

§451.001. Application for Family Allowance and Order of No Administration.

§451.002. Hearing and Order.

§451.003. Effect of Order.

§451.004. Proceeding to Revoke Order.

Chapter 452. Temporary Administration of Estates

Subchapter A. Appointment of Temporary Administrator Generally (§§452.001 - 452.008)

§452.001. Duty to Appoint Temporary Administrator.

§452.002. Application for Appointment.

§452.003. Order of Appointment; Requirements.

§452.004. Temporary Administrator’s Bond.

§452.005. Issuance of Letters of Temporary Administration.

§452.006. Notice of Appointment.

§452.007. Hearing to Contest Appointment.

§452.008. Permanent Appointment.

Subchapter B. Temporary Administration Pending Contest of a Will or Administration (§§452.051 - 452.052)

§452.051. Appointment of Temporary Administrator.

§452.052. Additional Powers Regarding Claims.

Subchapter C. Powers and Duties of Temporary Administrator (§§452.101 - 452.102)

§452.101. Limited Powers of Temporary Administrator.


§452.102. Additional Bond for Extension of Rights and Powers.

Subchapter D. Expiration and Closing of Temporary Administration (§§452.151 - 452.152)

§452.151. Accounting.

§452.152. Closing Temporary Administration.

Chapter 453. Administration of Community Property

§453.001. Effect of Chapter.

§453.002. Administration of Community Property Not Necessary.

§453.003. General Powers of Surviving Spouse If No Administration Is Pending.

§453.004. Collection of Unpaid Wages If No Administration Is Pending.

§453.005. Remarriage of Surviving Spouse.

§453.006. Account of Debts and Disposition of Community Property.

§453.007. Delivery of Community Estate on Final Partition.

§453.008. Liability of Surviving Spouse for Loss.

§453.009. Distribution of Powers Between Personal Representative and Surviving Spouse During Administration.

Chapter 454. Administration of Estate of Person Presumed Dead

Subchapter A. Estates of Persons Presumed Dead (§§454.001 - 454.004)

§454.001. Applicability; Determination of Death.

§454.002. Grant of Letters on Proof of Death.

§454.003. Citation and Search.

§454.004. Distribution of Estate.

Subchapter B. Persons Presumed Dead but Subsequently Proved Living (§§454.051 - 454.052)

§454.051. Restoration of Estate.

§454.052. Liability of Personal Representative and Others Acting under Court Order; Bonds Not Voided.

Chapter 455. Public Probate Administrator

§455.001. Definition.

§455.002. Bond of Public Probate Administrator.

§455.003. Funding of Public Probate Administrator’s Office.

§455.004. Powers and Duties.

§455.005. Informing Public Probate Administrator.

§455.006. Public Probate Administrator’s Initiation of Administration.

§455.007. Access to Information.

§455.008. Small Estates.

§455.009. Small Estate Affidavit.

§455.010. Grant of Administration.

§455.011. Withdrawal of Public Probate Administrator and Appointment of Successor.

§455.012. Deposit of Funds in Court Registry.

Chapter 456. Disbursement and Closing of Lawyer Trust or Escrow Accounts

§456.001. Definition.

§456.002. Authority to Designate Lawyer on Certain Trust or Escrow Accounts.

§456.003. Duty of Eligible Institutions.

§456.004. Liability of Eligible Institutions.

§456.0045. Private Cause of Action.

§456.005. Rules.

SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY INSTRUMENTS, AND FIDUCIARIES (Ch. 501 - 505)

Chapter 501. Ancillary Probate of Foreign Will

§501.001. Authority for Ancillary Probate of Foreign Will.

§501.002. Application for Ancillary Probate of Foreign Will.

§501.003. Citation and Notice.

§501.004. Recording by Clerk.

§501.005. Effect of Filing and Recording Foreign Will.

§501.006. Ancillary Letters Testamentary.

§501.007. Effect on Property.

§501.008. Setting Aside of Certain Foreign Wills.

Chapter 502. Original Probate of Foreign Will

§502.001. Original Probate of Foreign Will Authorized.

§502.002. Proof of Foreign Will in Original Probate Proceeding.

Chapter 503. Recording of Foreign Testamentary Instrument

Subchapter A. Requirements for Recording Foreign Testamentary Instrument (§§503.001 - 503.003)

§503.001. Authorization to Record Certain Foreign Testamentary Instruments in Deed Records.

§503.002. Recording of Certain Foreign Testamentary Instruments in Language Other than English.

§503.003. Contest of Recorded Foreign Testamentary Instrument Permitted.

Subchapter B. Effects of Recorded Foreign Testamentary Instrument (§§503.051 - 503.052)

§503.051. Recorded Foreign Testamentary Instrument as Conveyance.

§503.052. Recorded Foreign Testamentary Instrument as Notice of Title.

Chapter 504. Contest of or Other Challenge to Foreign Testamentary Instrument

Subchapter A. Contest or Setting Aside Probate of Foreign Will in this State (§§504.001 - 504.004)

§504.001. Grounds for Contesting Foreign Will Probated in Domiciliary Jurisdiction.

§504.002. Grounds for Contesting Foreign Will Probated in Non-domiciliary Jurisdiction.

§504.003. Procedures and Time Limits for Contesting Foreign Will.

§504.004. Probate of Foreign Will Set Aside for Lack of Service.

Subchapter B. Contest or Final Rejection in Foreign Jurisdiction (§§504.051 - 504.053)

§504.051. Notice of Will Contest in Foreign Jurisdiction.

§504.052. Effect of Notice.

§504.053. Effect of Rejection of Testamentary Instrument by Foreign Jurisdiction.

Chapter 505. Foreign Personal Representatives, Trustees, and Fiduciaries

Subchapter A. Foreign Corporate Fiduciary (§§505.001 - 505.006)

§505.001. Definition.

§505.002. Applicability of Other Law.

§505.003. Authority of Foreign Corporate Fiduciary to Serve in Fiduciary Capacity.

§505.004. Filing Requirements; Designation.

§505.005. Service of Notice or Process on Secretary of State.

§505.006. Criminal Penalty; Effect of Conviction.

Subchapter B. Foreign Executors and Trustees (§§505.051 - 505.052)

§505.051. Applicability of Bond Requirement.

§505.052. Power to Sell Property.

Subchapter C. Recovery of Debts by Foreign Executor or Administrator (§§505.101 - 505.103)

§505.101. Suit to Recover Debt.

§505.102. Jurisdiction.

§505.103. Restriction on Suit Brought by Foreign Executor or Administrator.

SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY (Ch. 551)

Chapter 551. Payment of Certain Estates to State

Subchapter A. Payment of Certain Funds to State (§§551.001 - 551.006)

§551.001. Payment of Certain Shares of Estate to State.

§551.002. Payment of Portion That Is in Money.

§551.003. Payment of Portion That Is Not in Money.

§551.004. Compensation to Executor or Administrator.

§551.005. Comptroller Indispensable Party.


§551.006. Comptroller’s Receipt.

Subchapter B. Recovery of Funds Paid to State (§§551.051 - 551.055)

§551.051. Recovery of Funds.

§551.052. [repealed]

§551.053. [repealed]
Repealed by Acts 2019, eff. Sept. 1, 2019.
§551.054. [repealed]
Repealed by Acts 2019, eff. Sept. 1, 2019.
§551.055. [repealed]
Repealed by Acts 2019, eff. Sept. 1, 2019.
Subchapter C. Penalties; Enforcement (§§551.101 - 551.103)
§551.101. Liability of Court Clerk; Penalty.

§551.102. Damages for Failure to Make Payments.

§551.103. Enforcement of Payment and Damages; Recovery on Bond.

SUBTITLE P. DURABLE POWERS OF ATTORNEY (Ch. 751 - 753)

Chapter 751. General Provisions Regarding Durable Powers of Attorney

Subchapter A. General Provisions (§§751.001 - 751.007)

§751.001. Short Title.

§751.0015. Applicability of Subtitle.

§751.002. Definitions.

§751.00201. Meaning of Disabled or Incapacitated for Purposes of Durable Power of Attorney.

§751.0021. Requirements of Durable Power of Attorney.

§751.0022. Presumption of Genuine Signature.

§751.0023. Validity of Power of Attorney.

§751.0024. Meaning and Effect of Durable Power of Attorney.

§751.003. Uniformity of Application and Construction.

§751.004. [repealed]

§751.005. Extension of Principal’s Authority to Other Persons.

§751.006. Remedies Under Other Law.

§751.007. Conflict with or Effect on Other Law.

Subchapter A-1. Appointment of Agents (§§751.021 - 751.024)

§751.021. Co-agents.

§751.022. Acceptance of Appointment as Agent.

§751.023. Successor Agents.

§751.024. Reimbursement and Compensation of Agent.

Subchapter A-2. Authority of Agent under Durable Power of Attorney (§§751.031 - 751.034)

§751.031. Grants of Authority in General and Certain Limitations.

§751.032. Gift Authority.

§751.033. Authority to Create or Change Certain Beneficiary Designations.

§751.034. Incorporation of Authority.

Subchapter B. Effect of Certain Acts on Exercise of Durable Power of Attorney (§§751.051 - 751.058)

§751.051. Effect of Acts Performed by Agent.

§751.052. [repealed]

§751.053. [repealed]

§751.054. Knowledge of Termination of Power; Good-faith Acts.

§751.055. Affidavit Regarding Lack of Knowledge of Termination of Power or of Disability or Incapacity; Good-faith Reliance.

§751.056. [repealed]

§751.057. Effect of Bankruptcy Proceeding.

§751.058. [repealed]

Subchapter C. Duty to Inform and Account (§§751.101 - 751.106)

§751.101. Fiduciary Duties.

§751.102. Duty to Timely Inform Principal.

§751.103. Maintenance of Records.

§751.104. Accounting.

§751.105. Effect of Failure to Comply; Suit.

§751.106. Effect of Subchapter on Principal’s Rights.

Subchapter C-1. Other Duties of Agent (§§751.121 - 751.122)

§751.121. Duty to Notify of Breach of Fiduciary Duty by Other Agent.

§751.122. Duty to Preserve Principal’s Estate Plan.

Subchapter C-2. Duration of Durable Power of Attorney and Agent’s Authority (§§751.131 - 751.135)

§751.131. Termination of Durable Power of Attorney.

§751.132. Termination of Agent’s Authority.

§751.133. Relation of Agent to Court-Appointed Guardian of Estate.

§751.134. Effect on Certain Persons of Termination of Durable Power of Attorney or Agent’s Authority.

§751.135. Previous Durable Power of Attorney Continues in Effect until Revoked.

Subchapter D. Recording Durable Power of Attorney for Certain Real Property Transactions (§751.151)

§751.151. Recording for Real Property Transactions Requiring Execution and Delivery of Instruments.

Subchapter E. Acceptance of and Reliance on Durable Power of Attorney (§§751.201 - 751.213)

§751.201. Acceptance of Durable Power of Attorney Required; Exceptions.

§751.202. Other Form or Recording of Durable Power of Attorney as Condition of Acceptance Prohibited.

§751.203. Agent’s Certification.

§751.204. Opinion of Counsel.

§751.205. English Translation.

§751.206. Grounds for Refusing Acceptance.

§751.207. Written Statement of Refusal of Acceptance Required.

§751.208. Date of Acceptance.

§751.209. Good Faith Reliance on Durable Power of Attorney.

§751.210. Reliance on Certain Requested Information.

§751.211. Actual Knowledge of Person When Transactions Conducted Through Employees.

§751.212. Cause of Action for Refusal to Accept Durable Power of Attorney.

§751.213. Liability of Principal.

Subchapter F. Civil Remedies (§751.251)

§751.251. Judicial Relief.

Chapter 752. Statutory Durable Power of Attorney

Subchapter A. General Provisions Regarding Statutory Durable Power of Attorney (§§752.001 - 752.004)

§752.001. Use, Meaning, and Effect of Statutory Durable Power of Attorney.

§752.002. Validity Not Affected.

§752.003. Prescribed Form Not Exclusive.

§752.004. Legal Sufficiency of Statutory Durable Power of Attorney.

Subchapter B. Form of Statutory Durable Power of Attorney (§752.051)

§752.051. Form.

§752.002. Validity Not Affected.

§752.052. Modifying Statutory Form to Grant Specific Authority.

Subchapter C. Construction of Powers Related to Statutory Durable Power of Attorney (§§752.101 - 752.115)

§752.101. Construction in General.

§752.102. Real Property Transactions.

§752.103. Tangible Personal Property Transactions.

§752.104. Stock and Bond Transactions.

§752.105. Commodity and Option Transactions.

§752.106. Banking and Other Financial Institution Transactions.

§752.107. Business Operation Transactions.

§752.108. Insurance and Annuity Transactions.

§752.109. Estate, Trust, and Other Beneficiary Transactions.

§752.110. Claims and Litigation.

§752.111. Personal and Family Maintenance.

§752.112. Benefits from Certain Governmental Programs or Civil or Military Service.


§752.113. Retirement Plan Transactions.

§752.114. Tax Matters.

§752.1145. Digital Asset Transactions.

§752.115. Existing Interests; Foreign Interests.

Chapter 753. Removal of Attorney in Fact or Agent

§753.001. Procedure for Removal.

§753.002. Notice to Third Parties.

 

TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES (Ch. 1001 - 1356)

SUBTITLE A. GENERAL PROVISIONS (Ch. 1001 - 1023)

Chapter 1001. Purpose and Construction

§1001.001. Policy; Purpose of Guardianship.

§1001.002. Laws Applicable to Guardianships.

§1001.003. References in Law Meaning Incapacitated Person.

Chapter 1002. Definitions

§1002.001. Applicability of Definitions.

§1002.0015. Alternatives to Guardianship.

§1002.002. Attorney Ad Litem.

§1002.003. Authorized Corporate Surety.

§1002.031. Supports and Services.

§1002.004. Child.

§1002.005. Claim.

§1002.006. Community Administrator.

§1002.007. Corporate Fiduciary.

§1002.008. Court; Probate Court; Statutory Probate Court.

§1002.009. Court Investigator.

§1002.010. Estate; Guardianship Estate.

§1002.011. Exempt Property.

§1002.012. Guardian.

§1002.013. Guardian Ad Litem.

§1002.014. Guardianship Certification Board.

§1002.015. Guardianship Proceeding.

§1002.016. Guardianship Program.

§1002.017. Incapacitated Person.

§1002.018. Interested Person; Person Interested.

§1002.019. Minor.

§1002.020. Mortgage; Lien.

§1002.021. Next of Kin.

§1002.022. Parent.

§1002.023. Person.

§1002.024. Personal Property.

§1002.025. Private Professional Guardian.

§1002.026. Proposed Ward.

§1002.0265. Qualified Delivery Method.

§1002.027. Real Property.

§1002.028. Representative; Personal Representative.

§1002.029. Surety.

§1002.030. Ward.

Chapter 1021. General Provisions

§1021.001. Matters Related to Guardianship Proceeding.

Chapter 1022. Jurisdiction

§1022.001. General Probate Court Jurisdiction in Guardianship Proceedings; Appeals.

§1022.002. Original Jurisdiction for Guardianship Proceedings.

§1022.003. Jurisdiction of Contested Guardianship Proceeding in County with No Statutory Probate Court or County Court at Law.

§1022.004. Jurisdiction of Contested Guardianship Proceeding in County with No Statutory Probate Court.

§1022.005. Exclusive Jurisdiction of Guardianship Proceeding in County with Statutory Probate Court.

§1022.006. Concurrent Jurisdiction with District Court.

§1022.007. Transfer of Proceeding by Statutory Probate Court.

§1022.008. Transfer of Contested Guardianship of the Person of a Minor.

Chapter 1023. Venue

§1023.001. Venue for Appointment of Guardian.

§1023.002. Concurrent Venue and Transfer for Want of Venue.

§1023.003. Transfer of Guardianship to Another County.

§1023.004. Notice.

§1023.005. Court Action.

§1023.006. Transfer of Record.

§1023.007. Transfer Effective.

§1023.008. Continuation of Guardianship.

§1023.009. New Guardian Appointed on Transfer.

§1023.010. Review of Transferred Guardianship.

§1023.011. Continuation of Guardianship.

SUBTITLE B. (reserved for expansion)

SUBTITLE C. PROCEDURAL MATTERS (Ch. 1051 - 1057)

Chapter 1051. Notices and Process in Guardianship Proceedings in General

Subchapter A. Issuance and Form of Notice or Process (§§1051.001 - 1051.003)

§1051.001. Issuance of Notice or Process in General.

§1051.002. Direction of Writ or Other Process.

§1051.003. Contents of Citation or Notice.

Subchapter B. Methods of Serving Citation or Notice; Persons to Be Served (§§1051.051 - 1051.056)

§1051.051. Personal Service.

§1051.052. Service by Mail or Qualified Delivery Method.

§1051.053. Service by Posting.

§1051.054. Service by Publication.

§1051.055. Service on Party’s Attorney of Record.

§1051.056. Service on Guardian or Receiver.

Subchapter C. Notice and Citation Required for Application for Guardianship (§§1051.101 - 1051.106)

§1051.101. Notice Required for Application for Guardianship; Citation of Applicant Not Required.

§1051.102. Issuance of Citation for Application for Guardianship.

§1051.103. Service of Citation for Application for Guardianship.

§1051.104. Notice by Applicant for Guardianship.

§1051.105. Waiver of Notice of Application for Guardianship.

§1051.106. Action by Court on Application for Guardianship.

Subchapter D. Return and Proof of Service of Citation or Notice (§§1051.151 - 1051.154)

§1051.151. Requirements for Return on Citation or Notice Served by Personal Service.

§1051.152. Validity of Service and Return on Citation or Notice Served by Posting.

§1051.153. Proof of Service.

§1051.154. Return to Court.

Subchapter E. Alternative Manner of Issuance, Service, and Return (§1051.201)

§1051.201. Court-ordered Issuance, Service, and Return under Certain Circumstances.

Subchapter F. Additional Notice Provisions (§§1051.251 - 1051.253)

§1051.251. Waiver of Notice of Hearing.

§1051.252. Request for Notice of Filing of Pleading.

§1051.253. Service of Notice of Intention to Take Depositions in Certain Matters.

Chapter 1052. Filing and Recordkeeping

Subchapter A. Recordkeeping Requirements (§§1052.001 - 1052.004)

§1052.001. Guardianship Docket.

§1052.002. Claim Docket.

§1052.003. Guardianship Fee Book.


§1052.004. Alternate Recordkeeping.

Subchapter B. Files; Index (§§1052.051 - 1052.053)

§1052.051. Filing Procedures.

§1052.052. Case Files.

§1052.053. Index.

Chapter 1053. Other Court Duties and Procedures

Subchapter A. Enforcement of Orders (§1053.001)

§1053.001. Enforcement of Orders.

Subchapter B. Costs and Security (§§1053.051 - 1053.054)

§1053.051. Applicability of Certain Laws.

§1053.052. Security for Certain Costs.

§1053.053. Exemption from Guardianship Proceeding Fees for Certain Military Servicemembers.

§1053.054. Exemption from Guardianship Fees for Certain Law Enforcement Officers, Firefighters, and Others.

Subchapter C. Procedures for Guardianship Proceedings (§§1053.101 - 1053.105)

§1053.101. Calling of Dockets.

§1053.102. Setting of Certain Hearings by Clerk.

§1053.103. Rendering of Decisions, Orders, Decrees, and Judgments.

§1053.104. Confidentiality of Certain Information.

§1053.105. Inapplicability of Certain Rules of Civil Procedure.

Chapter 1054. Court Officers, Court-appointed Persons, and Attorneys

Subchapter A. Attorneys Ad Litem and Interpreters (§§1054.001 - 1054.007)

§1054.001. Appointment of Attorney Ad Litem in Proceeding for Appointment of Guardian.

§1054.002. Term of Appointment.

§1054.003. Access to Records.

§1054.004. Duties.

§1054.005. Appointment of Interpreter.

§1054.006. Representation of Ward or Proposed Ward by Attorney.

§1054.007. Attorneys Ad Litem.

Subchapter B. Guardians Ad Litem (§§1054.051 - 1054.056)

§1054.051. Appointment of Guardian Ad Litem in Guardianship Proceeding.

§1054.052. Appointment of Guardian Ad Litem Relating to Certain Other Suits.

§1054.053. Term of Certain Appointments.

§1054.054. Duties.

§1054.055. Compensation and Expenses.

§1054.056. Immunity.

Subchapter C. Court Visitors (§§1054.101 - 1054.105)

§1054.101. Inapplicability of Subchapter to Certain Guardianships.

§1054.102. Operation of Court Visitor Program.

§1054.103. Evaluation of Ward or Proposed Ward.

§1054.104. Evaluation Report.

§1054.105. Compensation.

Subchapter D. Court Investigators (§§1054.151 - 1054.156)

§1054.151. Investigation of Guardianship Application.

§1054.152. General Duties.

§1054.153. Investigation Report.

§1054.154. Effect of Subchapter on Other Law.

§1054.155. Notice Regarding Request to Financial Institution for Customer Records.

§1054.156. Appointment of Court Investigator for Certain Courts.

§1054.157. Required Training.

Subchapter E. Qualifications to Serve as Attorney (§§1054.201 - 1054.203)

§1054.201. Certification Required.

§1054.202. Certificate Expiration.

§1054.203. Eligibility for Appointment on Expiration of Certificate.

Chapter 1055. Trial and Hearing Matters

Subchapter A. Standing and Pleadings (§§1055.001 - 1055.003)

§1055.001. Standing to Commence or Contest Proceeding.

§1055.002. Defect in Pleading.

§1055.003. Intervention by Interested Person.

Subchapter B. Trial and Hearing (§§1055.051 - 1055.053)

§1055.051. Hearing by Submission.

§1055.052. Trial by Jury.

§1055.053. Location of Hearing.

Subchapter C. Evidence (§§1055.101 - 1055.102)

§1055.101. Applicability of Certain Rules Relating to Witnesses and Evidence.

§1055.102. Use of Certain Records as Evidence.

Subchapter D. Mediation (§1055.151)

§1055.151. Mediation of Contested Guardianship Proceeding.

§1055.152. Mediated Settlement Agreements.

Chapter 1056. Execution, Attachment, and Bill of Review

Subchapter A. Execution (§1056.001)

§1056.001. Executions in Guardianship Proceedings.

Subchapter B. Attachment of Estate Property (§§1056.051 - 1056.052)

§1056.051. Order for Issuance of Writ of Attachment.

§1056.052. Bond.

Subchapter C. Bill of Review (§§1056.101 - 1056.102)

§1056.101. Revision and Correction of Order or Judgment in Guardianship Proceeding.

§1056.102. Injunction.

Chapter 1057. Change and Resignation of Resident Agent of Guardian for Service of Process

§1057.001. Change of Resident Agent.

§1057.002. Resignation of Resident Agent.

SUBTITLE D. CREATION OF GUARDIANSHIP (Ch. 1101 - 1106)

Chapter 1101. General Procedure to Appoint Guardian

Subchapter A. Initiation of Proceeding for Appointment of Guardian (§§1101.001 - 1101.002)

§1101.001. Application for Appointment of Guardian; Contents.

§1101.002. Contents of Application; Confidentiality of Certain Addresses.

§1101.003. Affidavit Containing Contact Information of Certain Persons.

Subchapter B. Hearing; Jury Trial (§§1101.051 - 1101.053)

§1101.051. Hearing.

§1101.052. Jury Trial.

§1101.053. Provision of Records Required; Use of Records.

Subchapter C. Determination of Necessity of Guardianship; Findings and Proof (§§1101.100 - 1101.106)

§1101.100. Definitions.

§1101.101. Findings and Proof Required.

§1101.1011. Advanced Practice Registered Nurse.

§1101.102. Determination of Incapacity of Certain Adults: Recurring Acts or Occurrences.

§1101.103. Determination of Incapacity of Certain Adults: Physician or Psychologist Examination.

§1101.103. Determination of Incapacity of Certain Adults: Health Care Provider Examination.

§1101.104. Examinations and Documentation Regarding Intellectual Disability.

§1101.104. Examinations and Documentation Regarding Intellectual Disability.

§1101.105. Prohibition Against Consideration of Age as Sole Factor in Appointment of Guardian for Adults.

§1101.106. Evidence of Necessity of Guardianship to Receive Governmental Funds.

Subchapter D. Court Action (§§1101.151 - 1101.156)

§1101.151. Order Appointing Guardian with Full Authority.


§1101.152. Order Appointing Guardian with Limited Authority.

§1101.153. General Contents of Order Appointing Guardian.

§1101.154. Appointment of Guardian of Estate for Certain Minors Prohibited.

§1101.155. Dismissal of Application.

§1101.156. Deposit of Estate Assets.

Chapter 1102. Court-initiated Procedure to Appoint Guardian

§1102.001. Court-initiated Investigation.

§1102.002. Establishment of Probable Cause for Investigation.

§1102.002. Establishment of Probable Cause for Investigation.

§1102.003. Information Letter.

§1102.004. Application for Guardianship Following Investigation.

§1102.005. Compensation of Guardian Ad Litem.

§1102.006. Notice Regarding Request to Financial Institution for Customer Records.

Chapter 1103. Procedure to Appoint Guardian for Certain Minors Requiring Guardianships as Adults

§1103.001. Application for Appointment of Guardian.

§1103.002. Appointment of Conservator as Guardian Without Hearing.

§1103.003. Effective Date of Guardianship.

§1103.004. Settlement and Closing of Prior Guardianship.

Chapter 1104. Selection of and Eligibility to Serve as Guardian

Subchapter A. General Provisions Relating to Appointment of Guardian (§§1104.001 - 1104.003)

§1104.001. Guardian of the Person or Estate.

§1104.002. Preference of Incapacitated Person.

§1104.003. Training Required.

Subchapter B. Selection of Guardian for Minor (§§1104.051 - 1104.054)

§1104.051. Guardian of Minor Children.

§1104.052. Guardian for Minor Orphan.

§1104.053. Guardian Designated by Will or Written Declaration.

§1104.054. Selection of Guardian by Minor.

Subchapter C. Selection of Guardian for Incapacitated Person Other than Minor (§§1104.101 - 1104.103)

§1104.101. Appointment According to Circumstances and Best Interests.

§1104.102. Appointment Preferences.

§1104.103. Designation of Guardian by Will or Written Declaration.

Subchapter D. Written Declaration by Certain Parents to Appoint Guardian for Their Children (§§1104.151 - 1104.160)

§1104.151. Definitions.

§1104.152. Requirements for Declaration.

§1104.153. Form and Content of Declaration and Self-proving Affidavit.

§1104.154. Alternative to Self-proving Affidavit.

§1104.155. Alternate Self-proving of Declaration.

§1104.156. Filing of Declaration and Self-proving Affidavit.

§1104.157. Proof of Declaration.

§1104.158. Prima Facie Evidence.

§1104.159. Revocation of Declaration.

§1104.160. Alternate or Other Court-appointed Guardian.

Subchapter E. Written Declaration to Designate Guardian Before Need Arises (§§1104.201 - 1104.212)

§1104.201. Definitions.

§1104.202. Designation of Guardian for Declarant.

§1104.203. Requirements for Declaration.

§1104.204. Form and Content of Declaration and Self-proving Affidavit.

§1104.205. Alternative to Self-proving Affidavit.

§1104.206. Alternate Self-proving of Declaration.

§1104.207. Filing of Declaration and Self-proving Affidavit.

§1104.208. Proof of Declaration.

§1104.209. Prima Facie Evidence.

§1104.210. Revocation of Declaration.

§1104.211. Effect of Divorce on Designation of Spouse.

§1104.212. Alternate or Other Court-appointed Guardian.

Subchapter F. Certification Requirements for Certain Guardians (§§1104.251 - 1104.258)

§1104.251. Certification Required for Certain Guardians.

§1104.252. Effect of Provisional Certificate.

§1104.253. Exception for Family Members and Friends.

§1104.254. Exception for Certain Volunteers.

§1104.255. Expiration of Certification.

§1104.256. Failure to Comply; Court’s Duty to Notify.

§1104.257. Information Regarding Services Provided by Guardianship Program.

§1104.258. Information Regarding Certain State Employees Providing Guardianship Services.

Subchapter G. Private Professional Guardians (§§1104.301 - 1104.306)

§1104.301. Certification and Registration Required.

§1104.302. Annual Certificate of Registration.

§1104.303. Requirements of Application.

§1104.304. Term of Registration; Renewal.

§1104.305. Use of Registration Information.

§1104.306. Use of Names and Business Addresses.

Subchapter H. Grounds for Disqualification (§§1104.351 - 1104.359)

§1104.351. Incapacity or Inexperience.

§1104.352. Unsuitability.

§1104.353. Notoriously Bad Conduct; Presumption Concerning Best Interest.

§1104.354. Conflict of Interest.

§1104.355. Disqualified in Declaration.

§1104.356. Lack of Certain Required Certification.

§1104.357. Nonresident Without Resident Agent.

§1104.358. Subject to Protective Order for Family Violence.

§1104.359. Effect of Lack of Required Registration.

Subchapter I. Access to Criminal History Records (§§1104.401 - 1104.412)

§1104.401. Definition.

§1104.402. Court Clerk’s Duty to Obtain Criminal History Record Information; Authority to Charge Fee.

§1104.403. [repealed]

§1104.404. Exception for Information Concerning Certain Persons.

§1104.405. Information for Exclusive Use of Court.

§1104.406. Department’s Duty to Obtain Criminal History Record Information.

§1104.407. [repealed]

§1104.408. [repealed].

§1104.409. Use of Information by Court.

§1104.410. [repealed]
Repealed by Acts 2023.
§1104.411. Criminal Offense for Unauthorized Release or Disclosure.

§1104.412. Effect of Subchapter on Department’s Authority to Obtain or Use Information.

Chapter 1105. Qualification of Guardians

Subchapter A. General Provisions (§§1105.001 - 1105.003)

§1105.001. Definitions.

§1105.002. Manner of Qualification of Guardian.

§1105.003. Period for Taking Oath or Making Declaration and Giving Bond.

Subchapter B. Oaths and Declarations (§§1105.051 - 1105.052)

§1105.051. Oath or Declaration of Guardian.

§1105.052. Administration of Oath or Making of Declaration.

Subchapter C. General Provisions Relating to Bonds (§§1105.101 - 1105.112)


§1105.101. Bond Generally Required; Exceptions.

§1105.102. Bond for Certain Guardians of the Person.

§1105.103. Bond Required from Guardian Otherwise Exempt.

§1105.104. Bonds of Joint Guardians.

§1105.105. Bond of Married Person.

§1105.106. Bond of Married Person Younger than 18 Years of Age.

§1105.107. Bond of Guardianship Program.

§1105.108. Subscription of Bond by Principals and Sureties.

§1105.109. Form of Bond.

§1105.110. Filing of Bond.

§1105.111. Failure to Give Bond.

§1105.112. Bond Not Void on First Recovery.

Subchapter D. Other Provisions Relating to Bonds of Guardians of the Estate (§§1105.151 - 1105.163)

§1105.151. General Formalities.

§1105.152. General Standard Regarding Amount of Bond.

§1105.153. Evidentiary Hearing on Amount of Bond.

§1105.154. Specific Bond Amount.

§1105.155. Agreement Regarding Deposit of Estate Assets.

§1105.156. Deposit of Estate Assets on Terms Prescribed by Court.

§1105.157. Deposits of Guardian.

§1105.158. Bond Required Instead of Deposits.

§1105.159. Withdrawal of Deposits on Closing of Guardianship.

§1105.160. Authorized Corporate or Personal Sureties.

§1105.161. Sureties for Certain Bonds.

§1105.162. Deposits by Personal Surety.

§1105.163. Applicability of Subchapter to Certain Court Orders.

Subchapter E. Provisions Relating to Personal Sureties (§§1105.201 - 1105.204)

§1105.201. Affidavit of Personal Surety.

§1105.202. Lien on Real Property Owned by Personal Surety.

§1105.203. Subordination of Lien on Real Property Owned by Personal Surety.

§1105.204. Release of Lien on Real Property Owned by Personal Sureties.

Subchapter F. New Bonds (§§1105.251 - 1105.257)

§1105.251. Grounds for Requiring New Bond.

§1105.252. Court Order or Citation on New Bond.

§1105.253. Show Cause Hearing on New Bond Requirement.

§1105.254. Effect of Order Requiring New Bond.

§1105.255. New Bond in Decreased Amount.

§1105.256. Request by Surety for New Bond.

§1105.257. Discharge of Former Sureties on Approval of New Bond.

Chapter 1106. Letters of Guardianship

§1106.001. Issuance of Certificate as Letters of Guardianship.

§1106.002. Expiration of Letters of Guardianship.

§1106.003. Renewal of Letters of Guardianship.

§1106.004. Replacement and Other Additional Letters of Guardianship.

§1106.005. Effect of Letters.

§1106.006. Validation of Certain Letters of Guardianship.

SUBTITLE E. ADMINISTRATION OF GUARDIANSHIP (Ch. 1151 - 1164)

Chapter 1151. Rights, Powers, and Duties under Guardianship

Subchapter A. Rights, Powers, and Duties in General (§§1151.001 - 1151.004)

§1151.001. Rights and Powers Retained by Ward.

§1151.002. Rights of Good Faith Purchasers.

§1151.003. Guardian May Not Dispute Ward’s Right to Property; Exception.

§1151.004. Powers and Duties of Person Serving as Guardian of Both Person and Estate.

§1151.005. Legal Proceedings in Which Ward is Party or Witness.

Subchapter B. Powers and Duties of Guardians Relating to Care of Ward (§§1151.051 - 1151.056)

§1151.051. General Powers and Duties of Guardians of the Person.

§1151.052. Care of Adult Ward.

§1151.0525. Access and Management of Ward’s Funds by Guardian of Person.

§1151.053. Commitment of Ward.

§1151.054. Administration of Medication.

§1151.055. Application by Certain Relatives for Access to Ward; Hearing and Court Order.

§1151.056. Guardian’s Duty to Inform Certain Relatives about Ward’s Health and Residence.

Subchapter C. General Powers and Duties of Guardians of the Estate (§§1151.101 - 1151.105)

§1151.101. General Powers and Duties.

§1151.102. Exercise of Authority under Court Order.

§1151.103. Exercise of Authority Without Court Order.

§1151.104. Authority to Commence Suits.

§1151.105. Ordinary Diligence Required.

Subchapter D. Possession and Care of Ward’s Property by Guardian of the Estate (§§1151.151 - 1151.155)

§1151.151. Duty of Care.

§1151.152. Possession of Personal Property and Records.

§1151.153. Possession of Property Held in Common Ownership.

§1151.154. Administration of Partnership Interest.

§1151.155. Operation or Rental of Farm, Ranch, Factory, or Other Business.

Subchapter E. Authority of Guardian to Engage in Certain Borrowing (§§1151.201 - 1151.203)

§1151.201. Mortgage or Pledge of Estate Property Authorized in Certain Circumstances.

§1151.202. Application; Order.

§1151.203. Term of Loan or Renewal.

Subchapter F. Guardians Appointed for Ward to Receive Government Funds (§§1151.251 - 1151.252)

§1151.251. Powers and Duties of Guardian Appointed as Necessary for Ward to Receive Government Funds.

§1151.252. Validation of Certain Prior Acts of Guardian.

Subchapter G. Notice by Guardian to Department of Veterans Affairs (§1151.301)

§1151.301. Notice of Filing Required; Hearing Date.

Subchapter H. Rights of Wards (§1151.351)

§1151.351. Bill of Rights for Wards.

Chapter 1152. Guardianship Pending Appeal of Appointment

§1152.001. Guardian to Serve Pending Appeal of Appointment.

§1152.002. Appeal Bond.

Chapter 1153. Notice to Claimants

§1153.001. Required Notice Regarding Presentment of Claims in General.

§1153.002. Proof of Publication.

§1153.003. Required Notice to Certain Claimants.

§1153.004. Permissive Notice to Unsecured Creditor Regarding Period for Presentment of Claim.

§1153.005. One Notice Sufficient; Liability for Failure to Give Required Notice.

Chapter 1154. Inventory, Appraisement, and List of Claims

Subchapter A. Appraisers (§§1154.001 - 1154.003)

§1154.001. Appointment of Appraisers.

§1154.002. Appraisers’ Fees.

§1154.003. Failure or Refusal to Act by Appraisers.

Subchapter B. Requirements for Inventory, Appraisement, and List of Claims (§§1154.051 - 1154.055)

§1154.051. Inventory and Appraisement.


§1154.052. List of Claims.

§1154.053. Affidavit of Guardian.

§1154.054. Approval or Disapproval by the Court.

§1154.055. Failure of Joint Guardians to File Inventory, Appraisement, and List of Claims.

Subchapter C. Changes to Inventory, Appraisement, and List of Claims (§§1154.101 - 1154.104)

§1154.101. Discovery of Additional Property or Claims.

§1154.102. Additional Inventory and Appraisement or List of Claims.

§1154.103. Correction of Inventory, Appraisement, or List of Claims for Erroneous or Unjust Item.

§1154.104. Reappraisement.

Subchapter D. Use of Inventory, Appraisement, and List of Claims as Evidence (§1154.151)

§1154.151. Use of Inventory, Appraisement, and List of Claims as Evidence.

Chapter 1155. Compensation, Expenses, and Court Costs

Subchapter A. Compensation of Guardians in General (§§1155.001 - 1155.008)

§1155.001. Definitions.

§1155.002. Compensation for Certain Guardians of the Person.

§1155.003. Compensation for Guardian of the Estate.

§1155.004. Considerations in Authorizing Compensation.

§1155.005. Maximum Aggregate Compensation.

§1155.006. Modification of Unreasonably Low Compensation; Authorization for Payment of Estimated Quarterly Compensation.

§1155.007. Reduction or Elimination of Estimated Quarterly Compensation.

§1155.008. Denial of Compensation.

Subchapter B. Compensation for Professional Services (§§1155.052 - 1155.054)

§1155.051. [repealed]

§1155.052. Attorney Serving as Guardian and Providing Related Legal Services.

§1155.053. Compensation for Services to Recover Property.

§1155.054. Payment of Attorney’s Fees to Certain Attorneys.

Subchapter C. Expenses (§§1155.101 - 1155.103)

§1155.101. Reimbursement of Expenses in General.

§1155.102. Reimbursement of Expenses for Collection of Claim or Debt.

§1155.103. Expense Charges: Requirements.

Subchapter D. Costs in General (§§1155.151 - 1155.152)

§1155.151. Cost in Guardianship Proceeding Generally.

§1155.152. Certain Costs Adjudged Against Guardian.

Subchapter E. Compensation and Costs in Guardianships for Certain Medical Assistance Recipients (§§1155.201 - 1155.202)

§1155.201. Definitions.

§1155.202. Compensation and Costs Payable under Medical Assistance Program.

Chapter 1156. Education and Maintenance Allowances Paid from Ward’s Estate

Subchapter A. Allowances for Ward (§§1156.001 - 1156.004)

§1156.001. Application for Allowance.

§1156.002. Court Determination of Allowance Amount.

§1156.003. Court Order Setting Allowance.

§1156.004. Expenditures Exceeding Allowance.

Subchapter B. Allowances for Ward’s Family (§§1156.051 - 1156.052)

§1156.051. Certain Allowances Prohibited When Parent Is Guardian of Minor Ward.

§1156.052. Allowance for Ward’s Spouse, Minor Children, or Incapacitated Adult Children.

Chapter 1157. Presentment and Payment of Claims

Subchapter A. Presentment of Claims Against Guardianship Estate in General (§§1157.001 - 1157.008)

§1157.001. Presentment of Claim to Guardian of the Estate.

§1157.002. Presentment of Claim to Clerk.

§1157.003. Inclusion of Attorney’s Fees in Claim.

§1157.004. Affidavit Authenticating Claim for Money in General.

§1157.005. Affidavit Authenticating Claim of Corporation or by Certain Other Representatives.

§1157.006. Lost or Destroyed Evidence Concerning Claim.

§1157.007. Waiver of Certain Defects of Form or Claims of Insufficiency.

§1157.008. Effect on Statutes of Limitation of Filing of or Suit on Claim.

Subchapter B. Action on Claims (§§1157.051 - 1157.065)

§1157.051. Allowance or Rejection of Claim.

§1157.052. Failure to Endorse or Attach Memorandum or Allow or Reject Claim.

§1157.053. Claim Entered on Claim Docket.

§1157.054. Contest of Claim.

§1157.055. Court’s Action on Claim.

§1157.056. Hearing on Certain Claims.

§1157.057. Court Order Regarding Action on Claim.

§1157.058. Appeal of Court’s Action on Claim.

§1157.059. Allowance and Approval Prohibited Without Affidavit.

§1157.060. Unsecured Claims Barred under Certain Circumstances.

§1157.061. Allowing Barred Claim Prohibited; Court Disapproval.

§1157.062. Certain Actions on Claims with Lost or Destroyed Evidence Void.

§1157.063. Suit on Rejected Claim.

§1157.064. Presentment of Claim Prerequisite for Judgment.

§1157.065. Judgment in Suit on Rejected Claim.

Subchapter C. Payment of Claims, Allowances, and Expenses (§§1157.101 - 1157.108)

§1157.101. Payment of Approved or Established Claim.

§1157.102. Payment of Unauthenticated Claim.

§1157.103. Priority of Payment of Claims.

§1157.104. Payment of Proceeds from Sale of Property Securing Debt.

§1157.105. Claimant’s Petition for Allowance and Payment of Claim.

§1157.106. Payment When Assets Insufficient to Pay Certain Claims.

§1157.107. Payment of Court Costs Relating to Claim.

§1157.108. Liability for Nonpayment of Claim.

Subchapter D. Presentment and Payment of Secured Claims (§§1157.151 - 1157.153)

§1157.151. Option to Treat Claim as Matured Secured Claim or Preferred Debt and Lien.

§1157.152. Preferred Debt and Lien.

§1157.153. Payment of Maturities on Preferred Debt and Lien.

Subchapter E. Claims Involving Guardians (§§1157.201 - 1157.202)

§1157.201. Claim by Guardian.

§1157.202. Purchase of Claim by Guardian Prohibited.

Chapter 1158. Sale or Partition of Ward’s Property

Subchapter A. General Provisions (§1158.001)

§1158.001. Court Order Authorizing Sale.

Subchapter B. Certain Estate Property Required to Be Sold (§1158.051)

§1158.051. Sale of Certain Personal Property Required.

Subchapter C. Sale of Personal Property (§§1158.101 - 1158.105)

§1158.101. Order for Sale.

§1158.102. Requirements for Application and Order.

§1158.103. Sale at Public Auction.

§1158.104. Sale on Credit.

§1158.105. Report; Evidence of Title.

Subchapter D. Sale of Livestock (§§1158.151 - 1158.155)


§1158.151. Authority for Sale.

§1158.152. Contents of Application; Hearing.

§1158.153. Grant of Application.

§1158.154. Report; Passage of Title.

§1158.155. Commission Merchant Charges.

Subchapter E. Sale of Mortgaged Property (§§1158.201 - 1158.203)

§1158.201. Application for Sale of Mortgaged Property.

§1158.202. Citation.

§1158.203. Order.

Subchapter F. Sale of Real Property: Application and Order for Sale (§§1158.251 - 1158.257)

§1158.251. Application for Order of Sale.

§1158.252. Contents of Application.

§1158.253. Citation.

§1158.254. Opposition to Sale.

§1158.255. Hearing on Application and Any Opposition.

§1158.256. Order.

§1158.257. Sale for Payment of Debts.

Subchapter G. Sale of Real Estate: Terms of Sale (§§1158.301 - 1158.302)

§1158.301. Permissible Terms.

§1158.302. Sale on Credit.

Subchapter H. Reconveyance of Real Estate Following Foreclosure (§§1158.351 - 1158.353)

§1158.351. Applicability of Subchapter.

§1158.352. Application and Order for Reconveyance.

§1158.353. Exchange for Bonds.

Subchapter I. Sale of Real Estate: Public Auction (§§1158.401 - 1158.405)

§1158.401. Required Notice.

§1158.402. Completion of Auction.

§1158.403. Time and Place of Auction.

§1158.404. Continuance of Auction.

§1158.405. Failure of Bidder to Comply.

Subchapter J. Sale of Real Estate: Contract for Private Sale (§1158.451)

§1158.451. Terms of Sale.

Subchapter K. Sale of Easement or Right-of-way (§§1158.501 - 1158.502)

§1158.501. Authorization.

§1158.502. Procedure.

Subchapter L. Approval of Sale of Real Property and Transfer of Title (§§1158.551 - 1158.559)

§1158.551. Report.

§1158.552. Action of Court on Report.

§1158.553. Approval of Sale When Bond Not Required.

§1158.554. Sufficiency of Bond.

§1158.555. Increased or Additional Bond Not Required.

§1158.556. Approval or Disapproval Order.

§1158.557. Deed.

§1158.558. Delivery of Deed.

§1158.559. Damages; Removal.

Subchapter M. Procedure on Failure to Apply for Sale (§§1158.601 - 1158.602)

§1158.601. Failure to Apply for Sale.

§1158.602. Court Order.

Subchapter N. Purchase of Estate Property by Guardian (§§1158.651 - 1158.654)

§1158.651. General Prohibition on Purchase.

§1158.652. Exception: Executory Contract.

§1158.653. Exception: Best Interest of Estate.

§1158.654. Purchase in Violation of Subchapter.

Subchapter O. Partition of Ward’s Interest in Real Estate (§§1158.701 - 1158.706)

§1158.701. Partition by Agreement.

§1158.702. Application for Approval of Partition Agreement.

§1158.703. Hearing.

§1158.704. Order.

§1158.705. Partition Without Court Approval; Ratification of Partition Agreement.

§1158.706. Partition by Suit.

Chapter 1159. Renting Estate Property

Subchapter A. Rental and Return of Estate Property (§§1159.001 - 1159.005)

§1159.001. Renting Estate Property Without Court Order.

§1159.002. Renting Estate Property with Court Order.

§1159.003. Estate Property Rented on Credit.

§1159.004. Condition of Returned Estate Property.

§1159.005. Complaint for Failure to Rent.

Subchapter B. Report on Rented Estate Property (§§1159.051 - 1159.052)

§1159.051. Reports Concerning Rentals.

§1159.052. Court Action on Report.

Chapter 1160. Matters Relating to Mineral Properties

Subchapter A. General Provisions (§1160.001)

§1160.001. Definitions.

Subchapter B. Mineral Leases after Public Notice (§§1160.051 - 1160.060)

§1160.051. Authorization for Leasing of Minerals.

§1160.052. Lease Application.

§1160.053. Scheduling of Hearing on Application; Continuance.

§1160.054. Notice of Hearing on Application.

§1160.055. Requirements Regarding Order and Notice Mandatory.

§1160.056. Hearing on Application; Order.

§1160.057. Making of Lease on Granting of Application.

§1160.058. Bond Requirements.

§1160.059. Term of Lease Binding.

§1160.060. Amendment of Lease Regarding Effect of Shut-in Gas Well.

Subchapter C. Mineral Leases at Private Sale (§§1160.101 - 1160.102)

§1160.101. Authorization for Leasing of Minerals at Private Sale.

§1160.102. Action of Court If Public Advertising Not Required.

Subchapter D. Pooling or Unitization of Royalties or Minerals (§§1160.151 - 1160.155)

§1160.151. Authorization for Pooling or Unitization.

§1160.152. Pooling or Unitization Application.

§1160.153. Notice Not Required.

§1160.154. Hearing on Application.

§1160.155. Action of Court and Contents of Order.

Subchapter E. Special Ancillary Instruments That May Be Executed Without Court Order (§1160.201)

§1160.201. Authorization for Execution of Certain Instruments.

Subchapter F. Procedure If Guardian of Estate Neglects to Apply for Authority (§§1160.251 - 1160.254)

§1160.251. Application to Show Cause.

§1160.252. Hearing on Application.

§1160.253. Order.

§1160.254. Procedure to Be Followed after Entry of Order.

Chapter 1161. Investments and Loans of Estates of Wards

Subchapter A. General Provisions (§§1161.001 - 1161.008)

§1161.001. Guardian’s Duty to Keep Estate Invested.

§1161.002. Standard for Management and Investment of Estate.

§1161.003. Investments That Meet Standard for Investment.

§1161.004. Restrictions on Investment in Certain Bonds.

§1161.005. Modification or Elimination of Duty or Standard.

§1161.006. Retention of Certain Assets.

§1161.007. Hearing to Protect Estate.

§1161.008. Liability of Guardian and Guardian’s Surety.

Subchapter B. Procedure for Making Investments or Loans or Retaining Estate Assets (§§1161.051 - 1161.054)

§1161.051. Procedure in General.

§1161.052. Court Action.


§1161.053. Applicability of Procedure to Certain Assets.

§1161.054. Inapplicability of Procedure to Certain Assets.

Subchapter C. Investments in Certain Insurance or Annuities (§§1161.101 - 1161.106)

§1161.101. Definition.

§1161.102. Authority to Invest in Certain Insurance or Annuities.

§1161.103. Investment Requirements.

§1161.104. Procedure for Investing in Insurance or Annuities.

§1161.105. Continuation of Preexisting Policies or Annuities.

§1161.106. Control and Ownership of Policies or Annuities.

Subchapter D. Investments in Real Estate (§§1161.151 - 1161.153)

§1161.151. Authority to Invest in Real Estate; Procedure and Requirements.

§1161.152. Court Authorization to Make Investments.

§1161.153. Court Approval of Contracts Required.

Subchapter E. Loans and Security for Loans (§§1161.201 - 1161.205)

§1161.201. Inapplicability of Subchapter.

§1161.202. Authority to Make Loans.

§1161.203. Loan Requirements.

§1161.204. Guardian’s Duty to Report Loan to Court.

§1161.205. Guardian’s Liability.

Chapter 1162. Tax-motivated, Charitable, Nonprofit, and Other Gifts

Subchapter A. Certain Gifts and Transfers (§§1162.001 - 1162.008)

§1162.001. Authority to Establish Estate or Other Transfer Plan.

§1162.002. Estate or Other Transfer Plan: Contents and Modification.

§1162.003. Notice of Application for Establishment of Estate or Other Transfer Plan.

§1162.004. Authority to Make Periodic Gifts.

§1162.005. Application for Inspection of Certain Documents.

§1162.006. Notice of Application for Inspection.

§1162.007. Hearing on Application for Inspection; Inspection.

§1162.008. Guardian Ad Litem.

Subchapter B. Charitable and Nonprofit Gifts (§§1162.051 - 1162.053)

§1162.051. Application to Make Gift.

§1162.052. Hearing on Application to Make Gift.

§1162.053. Order Authorizing Gift.

Chapter 1163. Annual Account and Other Exhibits and Reports

Subchapter A. Annual Account and Other Exhibits by Guardian of the Estate (§§1163.001 - 1163.006)

§1163.001. Initial Annual Account of Estate.

§1163.002. Annual Account Required until Estate Closed.

§1163.003. Supporting Vouchers and Other Documents Attached to Account.

§1163.004. Method of Proof for Securities and Other Assets.

§1163.005. Verification of Account and Statement Regarding Taxes and Status as Guardian.

§1163.006. Waiver of Account Filing.

Subchapter B. Action on Annual Account (§§1163.051 - 1163.054)

§1163.051. Filing and Consideration of Annual Account.

§1163.052. Correction and Approval of Annual Account.

§1163.053. Order for Payment of Claims in Full.

§1163.054. Order for Pro Rata Payment of Claims.

Subchapter C. Annual Report by Guardian of the Person (§§1163.101 - 1163.105)

§1163.101. Annual Report Required.

§1163.1011. Use of Unsworn Declaration In Lieu of Sworn Declaration or Affidavit for Filing Annual Report.

§1163.102. Reporting Period.

§1163.103. Report in Case of Deceased Ward.

§1163.104. Approval of Report.

§1163.105. Attorney Not Required.

Subchapter D. Penalties (§1163.151)

§1163.151. Penalty for Failure to File Required Account, Exhibit, or Report.

Chapter 1164. Liability of Guardian or Guardianship Program

§1164.001. Liability of Guardian.

§1164.002. Immunity of Guardianship Program.

SUBTITLE F. EVALUATION, MODIFICATION, OR TERMINATION OF GUARDIANSHIP (Ch. 1201 - 1204)

Chapter 1201. Evaluation of Guardianship

Subchapter A. Review of Guardianship (§§1201.001 - 1201.004)

§1201.001. Determining Guardian’s Performance of Duties.

§1201.002. Annual Examination of Guardianship; Bond of Guardian.

§1201.003. Judge’s Liability.

§1201.004. Identifying Information.

Subchapter B. Annual Determination to Continue, Modify, or Terminate Guardianship (§§1201.051 - 1201.054)

§1201.051. Applicability.

§1201.052. Annual Determination; Hearing.

§1201.053. Method of Determination.

§1201.054. Form of Determination.

Chapter 1202. Modification or Termination of Guardianship

Subchapter A. Termination and Settlement of Guardianship (§§1202.001 - 1202.003)

§1202.001. Term of Guardian or Guardianship.

§1202.002. Termination of Guardianship If Parent Is No Longer Incapacitated.

§1202.003. Termination of Guardianship of Estate on Establishment of Able Account by Certain Persons.

Subchapter B. Application for Complete Restoration of Ward’s Capacity or Modification of Guardianship (§§1202.051 - 1202.055)

§1202.051. Application Authorized.

§1202.052. Contents of Application.

§1202.053. Citation Required.

§1202.054. Informal Request for Order by Ward; Investigation and Report.

§1202.055. Restriction on Subsequent Application Regarding Capacity or Modification.

Subchapter C. Representation of Ward in Proceeding for Complete Restoration of Ward’s Capacity or Modification of Guardianship (§§1202.101 - 1202.103)

§1202.101. Appointment of Attorney Ad Litem.

§1202.102. Compensation for Attorney Ad Litem and Guardian Ad Litem.

§1202.103. Retention and Compensation of Attorney for Ward.

Subchapter D. Hearing, Evidence, and Orders in Proceeding for Complete Restoration of Ward’s Capacity or Modification of Guardianship (§§1202.151 - 1202.157)

§1202.151. Evidence and Burden of Proof at Hearing.

§1202.152. Physician’s Letter or Certificate Required.

§1202.152. Health Care Provider’s Letter or Certificate Required.

§1202.1521. Letter or Certificate: Requirements If Alleged Incapacity Based on Intellectual Disability.

§1202.1521. Physician’s Letter or Certificate: Requirements If Alleged Incapacity Based on Intellectual Disability.

§1202.153. Findings Required.

§1202.154. General Requirements for Order.

§1202.155. Additional Requirements for Order Restoring Ward’s Capacity.

§1202.156. Additional Requirements for Order Modifying Guardianship.

§1202.157. Additional Requirements for Order Dismissing Application.


Subchapter E. Restoration of Rights on Termination of Guardianship (§1202.201)

§1202.201. Removal of Firearm Disability on Complete Restoration of Ward’s Capacity.

Chapter 1203. Resignation, Removal, or Death of Guardian; Appointment of Successor

Subchapter A. Resignation of Guardian (§§1203.001 - 1203.006)

§1203.001. Resignation Application.

§1203.002. Immediate Acceptance of Resignation; Discharge and Release.

§1203.003. Delivery of Estate Property to Successor Guardian Following Resignation.

§1203.004. Hearing Date; Citation.

§1203.005. Hearing.

§1203.006. Requirements for Discharge.

Subchapter B. Removal and Reinstatement of Guardian (§§1203.051 - 1203.057)

§1203.051. Removal Without Notice; Appointment of Guardian Ad Litem and Attorney Ad Litem.

§1203.052. Removal with Notice.

§1203.053. Removal Order.

§1203.0531. Notice of Removal Order.

§1203.054. Discharge and Release Following Removal.

§1203.055. Delivery of Estate Property to Successor Guardian Following Removal.

§1203.056. Removal and Reinstatement of Guardian under Certain Circumstances.

§1203.057. Removal of Joint Guardian.

Subchapter C. Appointment of Successor Guardian; Revocation of Letters (§§1203.101 - 1203.108)

§1203.101. Requirements for Revocation of Letters.

§1203.102. Appointment Because of Resignation, Removal, or Death; Hearing To Set Aside Immediate Appointment.

§1203.103. Appointment Because of Existence of Prior Right.

§1203.104. Appointment When Guardian Named in Will Becomes an Adult.

§1203.105. Appointment of Formerly Ill or Absent Guardian Named in Will.

§1203.106. Appointment When Will Discovered after Grant of Letters.

§1203.107. Appointment on Removal of Litigation Conflict.

§1203.108. Appointment of Department of Aging and Disability Services as Successor Guardian.

Subchapter D. Successor Guardians for Wards of Guardianship Programs or Governmental Entities (§§1203.151 - 1203.153)

§1203.151. Notice of Availability of Successor Guardian.

§1203.152. Determination of Proposed Successor Guardian’s Qualification to Serve.

§1203.153. Application to Appoint Successor Guardian.

Subchapter E. Procedures after Resignation, Removal, or Death of Guardian (§§1203.201 - 1203.203)

§1203.201. Payment to Ward While Office of Guardian Is Vacant.

§1203.202. Rights, Powers, and Duties of Successor Guardian.

§1203.203. Successor Guardian to Return Inventory, Appraisement, and List of Claims.

Chapter 1204. Final Settlement, Accounting, and Discharge

Subchapter A. Time for Settlement of Guardianship (§§1204.001 - 1204.002)

§1204.001. Settlement of Guardianship.

§1204.002. Appointment of Attorney Ad Litem to Represent Ward in Final Settlement under Certain Circumstances.

Subchapter B. Payment of Certain Expenses and Debts (§§1204.051 - 1204.053)

§1204.051. Funeral Arrangements and Other Debts; Account for Final Settlement on Complaint of Personal Representative.

§1204.052. Taxes and Expenses of Administration; Sale of Estate Property.

§1204.053. Inheritance Taxes; Limitation on Closing Estate.

Subchapter C. Account for Final Settlement (§§1204.101 - 1204.109)

§1204.101. Verified Account Required.

§1204.102. Contents of Account.

§1204.103. Certain Debts Excluded from Settlement Computation.

§1204.104. Guardian to Account for Ward’s Labor or Services.

§1204.105. Citation and Notice on Presentation of Account.

§1204.106. Examination of and Hearing on Account.

§1204.107. Assets Becoming Due Pending Final Settlement; Receipt and Discharge.

§1204.108. Delivery of Ward’s Property in Possession of Guardian of the Person on Settlement of Guardianship of the Estate.

§1204.109. Delivery of Remaining Estate Property.

Subchapter D. Closing of Guardianship and Discharge of Guardian (§§1204.151 - 1204.152)

§1204.151. Discharge of Guardian When No Estate Property Remains.

§1204.152. Discharge of Guardian When Estate Fully Administered.

Subchapter E. Failure of Guardian to Act (§§1204.201 - 1204.202)

§1204.201. Failure to Present Final Account or Report.

§1204.202. Liability for Failure to Deliver Estate Property.

SUBTITLE G. SPECIAL TYPES OF GUARDIANSHIPS (Ch. 1251 - 1253)

Chapter 1251. Temporary Guardianships

Subchapter A. Appointment of Temporary Guardian Generally (§§1251.001 - 1251.013)

§1251.001. Appointment of Temporary Guardian.

§1251.002. No Presumption of Incapacity.

§1251.003. Application.

§1251.004. Appointment of Attorney.

§1251.005. Citation and Notice of Application.

§1251.006. Scheduling of Hearing.

§1251.007. Motion for Dismissal of Application.

§1251.008. Rights of Proposed Ward at Hearing.

§1251.009. Appearance by Proposed Temporary Guardian in Certain Circumstances.

§1251.010. Order Appointing Temporary Guardian.

§1251.011. Certain Agency as Temporary Guardian.

§1251.012. Temporary Guardian’s Bond.

§1251.013. Court Costs.

Subchapter B. Temporary Guardianship Pending Challenge or Contest of Certain Guardianship Applications (§§1251.051 - 1251.052)

§1251.051. Authority to Appoint Temporary Guardian or Grant Restraining Order.

§1251.052. Qualification and Duration of Certain Temporary Guardianships.

Subchapter C. Powers and Duties of Temporary Guardians (§§1251.101 - 1251.102)

§1251.101. Authority of Temporary Guardian.

§1251.102. Applicability of Guardianship Provisions.

Subchapter D. Expiration and Closing of Temporary Guardianship (§§1251.151 - 1251.153)

§1251.151. Duration of Temporary Guardianship.

§1251.152. Accounting.

§1251.153. Delivery of Estate, Filing of Final Report, and Discharge of Temporary Guardian.

Chapter 1252. Guardianships for Nonresident Wards

Subchapter A. Resident Guardian of Nonresident Ward’s Estate (§§1252.001 - 1252.003)


§1252.001. Granting of Guardianship of Estate for Nonresident.

§1252.002. Court Actions and Orders Concerning Estate.

§1252.003. Closing Resident Guardianship.

Subchapter B. Nonresident Guardian of Nonresident Ward’s Estate (§§1252.051 - 1252.055)

§1252.051. Appointment and Qualification of Nonresident Guardian.

§1252.052. Appointment; Issuance of Letters of Guardianship.

§1252.053. Inventory and Appraisement; Administration of Estate.

§1252.054. Delivery of Estate to Certain Guardians.

§1252.055. Removal of Ward’s Property from State by Nonresident Guardian.

Chapter 1253. Interstate Guardianships

Subchapter A. Transfer of Guardianship to Foreign Jurisdiction (§§1253.001 - 1253.003)

§1253.001. Application to Transfer Guardianship to Foreign Jurisdiction.

§1253.002. Notice of Application.

§1253.003. Determination Regarding Transfer of Guardianship.

Subchapter B. Receipt and Acceptance of Foreign Guardianship (§§1253.051 - 1253.056)

§1253.051. Application for Receipt and Acceptance of Foreign Guardianship.

§1253.0515. Certification or Training of Guardian.

§1253.052. Notice of Application.

§1253.053. Determination Regarding Receipt and Acceptance of Foreign Guardianship.

§1253.055. Guardianship Transfer Proceedings Filed in Two or More Courts.

§1253.056. Construction with Other Law.

Subchapter C. Guardianship Proceedings Filed in this State and in Foreign Jurisdiction (§§1253.101 - 1253.103)

§1253.101. Delay of Certain Guardianship Proceedings.

§1253.102. Determination of Venue; Action Following Determination.

§1253.103. Necessary Orders.

Subchapter D. Determination of Most Appropriate Forum for Certain Guardianship Proceedings (§§1253.151 - 1253.152)

§1253.151. Determination of Acquisition of Jurisdiction in this State Due to Unjustifiable Conduct.

§1253.152. Assessment of Expenses Against Party.

SUBTITLE H. COURT-AUTHORIZED TRUSTS AND ACCOUNTS (Ch. 1301 - 1302)

Chapter 1301. Management Trusts

Subchapter A. General Provisions (§§1301.001 - 1301.002)

§1301.001. Definition.

§1301.002. Applicability of Texas Trust Code.

Subchapter B. Creation of Management Trusts (§§1301.051 - 1301.058)

§1301.051. Eligibility to Apply for Creation of Trust.

§1301.0511. Notice Required for Application for Creation of Trust; Citation of Applicant Not Required.

§1301.052. Venue for Proceeding Involving Trust for an Alleged Incapacitated Person.

§1301.053. Creation of Trust.

§1301.054. Creation of Trust for Incapacitated Person Without Guardian.

§1301.055. Authority of Court to Appoint Guardian Instead of Creating Trust.

§1301.056. Contents of Order Creating Trust.

§1301.057. Appointment of Trustee.

§1301.058. Bond Requirements for Trustees.

Subchapter C. Terms of Management Trust (§§1301.101 - 1301.103)

§1301.101. Required Terms.

§1301.102. Optional Terms.

§1301.103. Enforceability of Certain Terms.

Subchapter D. Administration of Management Trusts (§§1301.151 - 1301.156)

§1301.151. Jurisdiction over Trust Matters.

§1301.152. Court’s Authority to Discharge Guardian of Estate.

§1301.153. Investment in Texas Tomorrow Fund.

§1301.1535. Initial Accounting by Certain Trustees Required.

§1301.154. Annual Accounting.

§1301.155. Appointment of Successor Trustee.

§1301.156. Liability of Certain Persons for Conduct of Trustee.

Subchapter E. Modification, Revocation, or Termination of Management Trusts (§§1301.201 - 1301.204)

§1301.201. Modification or Revocation of Trust.

§1301.202. Transfer to Pooled Trust Subaccount.

§1301.203. Termination of Trust.

§1301.204. Distribution of Trust Property.

Chapter 1302. Pooled Trust Subaccounts

§1302.001. Definitions.

§1302.002. Application to Establish Subaccount.

§1302.003. Appointment of Attorney Ad Litem.

§1302.004. Establishment of Subaccount.

§1302.005. Terms of Subaccount.

§1302.006. Fees and Reporting.

§1302.007. Jurisdiction Exclusive.

SUBTITLE I. OTHER SPECIAL PROCEEDINGS AND ALTERNATIVES TO GUARDIANSHIP (Ch. 1351 - 1357)

Chapter 1351. Sale of Property of Certain Incapacitated Persons

Subchapter A. Sale of Minor’s Interest in Property Without Guardianship (§§1351.001 - 1351.006)

§1351.001. Authority to Sell Minor’s Interest in Property Without Guardianship.

§1351.002. Application; Venue.

§1351.003. Hearing; Requirements for Sale.

§1351.004. Payment of Sale Proceeds into Court Registry.

§1351.005. Withdrawal of Sale Proceeds from Registry Not Prohibited.

§1351.006. Disaffirmation of Sale Prohibited.

Subchapter B. Sale of Ward’s Property Without Guardianship of the Estate (§§1351.051 - 1351.057)

§1351.051. Applicability of Subchapter.

§1351.052. Authority to Sell Ward’s Interest in Property Without Appointment as Guardian of the Estate in This State.

§1351.053. Application; Venue.

§1351.054. Hearing.

§1351.055. Payment of Sale Proceeds into Court Registry.

§1351.056. Withdrawal of Sale Proceeds from Registry Not Prohibited.

§1351.057. Disaffirmation of Sale Prohibited.

Chapter 1352. Mortgage of Minor’s Interest in Residence Homestead

Subchapter A. General Provisions (§1352.001)

§1352.001. Definitions.

Subchapter B. Mortgage of Minor’s Interest Without Guardianship (§§1352.051 - 1352.059)

§1352.051. Applicability of Subchapter.

§1352.052. Authority to Mortgage Minor’s Interest Without Guardianship.

§1352.053. Application; Venue.

§1352.054. Hearing; Requirements to Mortgage Minor’s Interest.

§1352.055. Surety Bond; Discharge of Sureties.

§1352.056. Use of Proceeds.

§1352.057. Annual Report.


§1352.058. Sworn Report of Expenditures.

§1352.059. Disaffirmation of Home Equity Loan Prohibited.

Subchapter C. Mortgage of Minor Ward’s Interest Without Guardianship of the Estate (§§1352.101 - 1352.108)

§1352.101. Applicability of Subchapter.

§1352.102. Authority to Mortgage Minor Ward’s Interest Without Guardianship of the Estate.

§1352.103. Application; Venue.

§1352.104. Hearing; Requirements to Mortgage Minor Ward’s Interest.

§1352.105. Surety Bond; Discharge of Sureties.

§1352.106. Use of Proceeds.

§1352.107. Annual Accounting.

§1352.108. Disaffirmation of Home Equity Loan Prohibited.

Chapter 1353. Management and Control of Incapacitated Spouse’s Property

Subchapter A. Appointment of Community Administrator or Guardian of the Estate (§§1353.001 - 1353.006)

§1353.001. Effect of Subchapter.

§1353.002. Spouse as Community Administrator.

§1353.003. Appointment of Guardian of the Estate to Administer Separate Property.

§1353.004. Appointment of Guardian of the Estate under Certain Circumstances.

§1353.005. Administration of Certain Property by Non-incapacitated Spouse.

§1353.006. Effect of Court Order on Creditors’ Claims.

Subchapter B. Duties of Community Administrators and Guardians of the Estate (§§1353.051 - 1353.054)

§1353.051. Inventory and Appraisement by Community Administrator.

§1353.052. Account by Community Administrator.

§1353.053. Disclosure of Certain Lawsuits to the Court by Community Administrator.

§1353.054. Delivery of Community Property by Guardian of the Estate to Community Administrator.

Subchapter C. Removal or Termination of Powers of Community Administrator (§§1353.101 - 1353.103)

§1353.101. Grounds for Removal of Community Administrator.

§1353.102. Procedure for Removal of Community Administrator.

§1353.103. Termination of Community Administrator’s Powers on Recovery of Capacity.

Subchapter D. Appointment of Attorney Ad Litem (§§1353.151)

§1353.151. Appointment of Attorney Ad Litem for Incapacitated Spouse.

Chapter 1354. Receivership for Estates of Certain Incapacitated Persons

§1354.001. Appointment of Receiver.

§1354.002. Bond.

§1354.003. Powers and Duties of Receiver.

§1354.004. Expenditures by Receiver.

§1354.005. Use of Excess Estate Assets.

§1354.006. Receiver’s Expenses, Account, and Compensation.

§1354.007. Closing Receivership; Notice.

§1354.008. Discharge of Receiver.

§1354.009. Record.

Chapter 1355. Payment of Certain Claims Without Guardianship

Subchapter A. Payment of Claims to Certain Incapacitated Persons and Former Wards (§§1355.001 - 1355.002)

§1355.001. Payment of Claims to Resident Creditor.

§1355.002. Payment of Claims to Nonresident Creditor.

Subchapter B. Administration of Money (§§1355.051 - 1355.052)

§1355.051. Investment of Money by Clerk.

§1355.052. Annual Report.

Subchapter C. Withdrawal of Money (§§1355.101 - 1355.105)

§1355.101. Applicability of Subchapter.

§1355.102. Custodian of Resident Creditor.

§1355.103. Withdrawal of Money by Custodian; Bond.

§1355.104. Custodian’s Report.

§1355.105. Withdrawal of Money by Creditor or Creditor’s Heir, Representative, or Guardian.