CHAPTER VII. EXECUTORS AND ADMINISTRATORS
PROBATE CODE
CHAPTER VII. EXECUTORS AND ADMINISTRATORS
PART 1. APPOINTMENT AND ISSUANCE OF LETTERS
Text of article effective until January 01, 2014
Sec. 178. WHEN LETTERS TESTAMENTARY OR OF ADMINISTRATION SHALL BE
GRANTED. (a) Letters Testamentary. When a will has been
probated, the court shall, within twenty days thereafter, grant
letters testamentary, if permitted by law, to the executor or
executors appointed by such will, if any there be, or to such of
them as are not disqualified, and are willing to accept the trust
and qualify according to law.
(b) Letters of Administration. When a person shall die
intestate, or where no executor is named in a will, or where the
executor is dead or shall fail to accept and qualify within
twenty days after the probate of the will, or shall fail for a
period of thirty days after the death of the testator to present
the will for probate and the court finds there was no good cause
for not presenting the will for probate during that period, then
administration of the estate of such intestate, or administration
with the will annexed of the estate of such testator, shall be
granted, should administration appear to be necessary. No
administration of any estate shall be granted unless there exists
a necessity therefor, such necessity to be determined by the
court hearing the application. Such necessity shall be deemed to
exist if two or more debts exist against the estate, or if or
when it is desired to have the county court partition the estate
among the distributees, or if the administration is necessary to
receive or recover funds or other property due the estate, but
mention of these three instances of necessity for administration
shall not prevent the court from finding other instances of
necessity upon proof before it.
(c) Failure to Issue Letters Within Prescribed Time. Failure of a
court to issue letters testamentary within the twenty day period
prescribed by this Section shall not affect the validity of any
letters testamentary which are issued subsequent to such period,
in accordance with law.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 7.02, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 179. OPPOSITION TO GRANT OF LETTERS OF ADMINISTRATION.
When application is made for letters of administration, any
interested person may at any time before the application is
granted, file the person's opposition thereto in writing, and may
apply for the grant of letters to the person or to any other
person; and, upon the trial, the court shall grant letters to
the person that may seem best entitled to them, having regard to
applicable provisions of this Code, without further notice than
that of the original application.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 7.03, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 180. EFFECT OF FINDING THAT NO NECESSITY FOR ADMINISTRATION
EXISTS. When application is filed for letters of administration
and the court finds that there exists no necessity for
administration of the estate, the court shall recite in its order
refusing the application that no necessity for administration
exists. An order of the court containing such recital shall
constitute sufficient legal authority to all persons owing any
money, having custody of any property, or acting as registrar or
transfer agent of any evidence of interest, indebtedness,
property, or right belonging to the estate, and to persons
purchasing or otherwise dealing with the estate, for payment or
transfer to the distributees of the decedent, and such
distributees shall be entitled to enforce their right to such
payment or transfer by suit.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 181. ORDERS GRANTING LETTERS TESTAMENTARY OR OF
ADMINISTRATION. When letters testamentary or of administration
are granted, the court shall make an order to that effect, which
shall specify:
(a) The name of the testator or intestate; and
(b) The name of the person to whom the grant of letters is made;
and
(c) If bond is required, the amount thereof; and
(d) If any interested person shall apply to the court for the
appointment of an appraiser or appraisers, or if the court deems
an appraisal necessary, the name of not less than one nor more
than three disinterested persons appointed to appraise the estate
and return such appraisement to the court; and
(e) That the clerk shall issue letters in accordance with said
order when the person to whom said letters are granted shall have
qualified according to law.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1967, 60th Leg., p. 1815, ch. 697, Sec. 1, eff. Aug. 28,
1967; Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 10, eff. June
12, 1969.
Text of article effective until January 01, 2014
Sec. 182. WHEN CLERK SHALL ISSUE LETTERS. Whenever an executor
or administrator has been qualified in the manner required by
law, the clerk of the court granting the letters testamentary or
of administration shall forthwith issue and deliver the letters
to such executor or administrator. When two or more persons
qualify as executors or administrators, letters shall be issued
to each of them so qualifying.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 183. WHAT CONSTITUTES LETTERS. Letters testamentary or of
administration shall be a certificate of the clerk of the court
granting the same, attested by the seal of such court, and
stating that the executor or administrator, as the case may be,
has duly qualified as such as the law requires, the date of such
qualification, and the name of the deceased.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 186. LETTERS OR CERTIFICATE MADE EVIDENCE. Letters
testamentary or of administration or a certificate of the clerk
of the court which granted the same, under the seal of such
court, that said letters have been issued, shall be sufficient
evidence of the appointment and qualification of the personal
representative of an estate and of the date of qualification.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 28, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 187. ISSUANCE OF OTHER LETTERS. When letters have been
destroyed or lost, the clerk shall issue other letters in their
stead, which shall have the same force and effect as the original
letters. The clerk shall also issue any number of letters as and
when requested by the person or persons who hold such letters.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 188. RIGHTS OF THIRD PERSONS DEALING WITH EXECUTORS OR
ADMINISTRATORS. When an executor or administrator, legally
qualified as such, has performed any acts as such executor or
administrator in conformity with his authority and the law, such
acts shall continue to be valid to all intents and purposes, so
far as regards the rights of innocent purchasers of any of the
property of the estate from such executor or administrator, for a
valuable consideration, in good faith, and without notice of any
illegality in the title to the same, notwithstanding such acts or
the authority under which they were performed may afterward be
set aside, annulled, and declared invalid.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
PART 2. OATHS AND BONDS OF PERSONAL REPRESENTATIVES
Text of article effective until January 01, 2014
Sec. 189. HOW EXECUTORS AND ADMINISTRATORS SHALL QUALIFY. A
personal representative shall be deemed to have duly qualified
when he shall have taken and filed his oath and made the required
bond, had the same approved by the judge, and filed it with the
clerk. In case of an executor who is not required to make bond,
he shall be deemed to have duly qualified when he shall have
taken and filed his oath required by law.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 29, eff. Sept. 1, 1993.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10 effective January 1, 2014
Sec. 190. OATHS OF EXECUTORS AND ADMINISTRATORS. (a) Executor,
or Administrator With Will Annexed. Before the issuance of
letters testamentary or of administration with the will annexed,
the person named as executor, or appointed administrator with the
will annexed, shall take and subscribe an oath in form
substantially as follows: "I do solemnly swear that the writing
which has been offered for probate is the last will of ______, so
far as I know or believe, and that I will well and truly perform
all the duties of executor of said will (or of administrator with
the will annexed, as the case may be) of the estate of said
______."
(b) Administrator. Before the issuance of letters of
administration, the person appointed administrator shall take and
subscribe an oath in form substantially as follows: "I do
solemnly swear that ______, deceased, died without leaving any
lawful will (or that the named executor in any such will is dead
or has failed to offer the same for probate, or to accept and
qualify as executor, within the time required, as the case may
be), so far as I know or believe, and that I will well and truly
perform all the duties of administrator of the estate of said
deceased."
(c) Temporary Administrator. Before the issuance of temporary
letters of administration, the person appointed temporary
administrator shall take and subscribe an oath in form
substantially as follows: "I do solemnly swear that I will well
and truly perform the duties of temporary administrator of the
estate of ______, deceased, in accordance with the law, and with
the order of the court appointing me such administrator."
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 8
(d) Filing and Recording of Oaths. All such oaths may be taken
before any officer authorized to administer oaths, and shall be
filed with the clerk of the court granting the letters, and shall
be recorded in the judge's probate docket.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 7.04, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 8, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Text of article effective until January 01, 2014
Sec. 192. TIME FOR TAKING OATH AND GIVING BOND. The oath of a
personal representative may be taken and subscribed, or his bond
may be given and approved, at any time before the expiration of
twenty days after the date of the order granting letters
testamentary or of administration, as the case may be, or before
such letters shall have been revoked for a failure to qualify
within the time allowed. All such oaths may be taken before any
person authorized to administer oaths under the laws of this
State.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 30, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 194. BONDS OF PERSONAL REPRESENTATIVES OF ESTATES. Except
when bond is not required under the provisions of this Code,
before the issuance of letters testamentary or of administration,
the recipient of letters shall enter into bond conditioned as
required by law, payable to the county judge or probate judge of
the county in which the probate proceedings are pending and to
his successors in office. Such bonds shall bear the written
approval of either of such judges in his official capacity, and
shall be executed and approved in accordance with the following
rules:
1. Court to Fix Penalty. The penalty of the bond shall be fixed
by the judge, in an amount deemed sufficient to protect the
estate and its creditors, as hereinafter provided.
2. Bond to Protect Creditors Only, When. If the person to whom
letters testamentary or of administration is granted is also
entitled to all of the decedent's estate, after payment of debts,
the bond shall be in an amount sufficient to protect creditors
only, notwithstanding the rules applicable generally to bonds of
personal representatives of estates.
3. Before Fixing Penalty, Court to Hear Evidence. In any case
where a bond is, or shall be, required of a personal
representative of an estate, the court shall, before fixing the
penalty of the bond, hear evidence and determine:
(a) The amount of cash on hand and where deposited, and the
amount of cash estimated to be needed for administrative
purposes, including operation of a business, factory, farm or
ranch owned by the estate, and expenses of administration for one
(1) year; and
(b) The revenue anticipated to be received in the succeeding
twelve (12) months from dividends, interest, rentals, or use of
real or personal property belonging to the estate and the
aggregate amount of any installments or periodical payments to be
collected; and
(c) The estimated value of certificates of stock, bonds, notes,
or securities of the estate or ward, the name of the depository,
if any, in which said assets are held for safekeeping, the face
value of life insurance or other policies payable to the person
on whose estate administration is sought, or to such estate, and
such other personal property as is owned by the estate, or by one
under disability; and
(d) The estimated amount of debts due and owing by the estate or
ward.
4. Penalty of Bond. The penalty of the bond shall be fixed by the
judge in an amount equal to the estimated value of all personal
property belonging to the estate, or to the person under
disability, together with an additional amount to cover revenue
anticipated to be derived during the succeeding twelve (12)
months from interest, dividends, collectible claims, the
aggregate amount of any installments or periodical payments
exclusive of income derived or to be derived from federal social
security payments, and rentals for use of real and personal
property; provided, that the penalty of the original bond shall
be reduced in proportion to the amount of cash or value of
securities or other assets authorized or required to be deposited
or placed in safekeeping by order of court, or voluntarily made
by the representative or by his sureties as hereinafter provided
in Subdivisions 6 and 7 hereof.
5. Agreement as to Deposit of Assets. It shall be lawful, and the
court may require such action when deemed in the best interest of
an estate, for a personal representative to agree with the surety
or sureties, either corporate or personal, for the deposit of any
or all cash, and safekeeping of other assets of the estate in a
financial institution as defined by Section 201.101, Finance
Code, with its main office or a branch office in this state and
qualified to act as a depository in this State under the laws of
this State or of the United States, if such deposit is otherwise
proper, in such manner as to prevent the withdrawal of such
moneys or other assets without the written consent of the surety,
or an order of the court made on such notice to the surety as the
court shall direct. No such agreement shall in any manner release
from or change the liability of the principal or sureties as
established by the terms of the bond.
6. Deposits Authorized or Required, When. Cash or securities or
other personal assets of an estate or which an estate is entitled
to receive may, and if deemed by the court in the best interest
of such estate shall, be deposited or placed in safekeeping as
the case may be, in one or more of the depositories hereinabove
described upon such terms as shall be prescribed by the court.
The court in which the proceedings are pending, upon its own
motion, or upon written application of the representative or of
any other person interested in the estate may authorize or
require additional assets of the estate then on hand or as they
accrue during the pendency of the probate proceedings to be
deposited or held in safekeeping as provided above. The amount of
the bond of the personal representative shall be reduced in
proportion to the cash so deposited, or the value of the
securities or other assets placed in safekeeping. Such cash so
deposited, or securities or other assets held in safekeeping, or
portions thereof, may be withdrawn from a depository only upon
order of the court, and the bond of the personal representative
shall be increased in proportion to the amount of cash or the
value of securities or other assets so authorized to be
withdrawn.
7. Representative May Deposit Cash or Securities of His Own in
Lieu of Bond. It shall be lawful for the personal representative
of an estate, in lieu of giving surety or sureties on any bond
which shall be required of him, or for the purpose of reducing
the amount of such bond, to deposit out of his own assets cash or
securities acceptable to the court, with a depository such as
named above or with any other corporate depository approved by
the court, if such deposit is otherwise proper, said deposit to
be equal in amount or value to the amount of the bond required,
or the bond reduced by the value of assets so deposited.
8. Rules Applicable to Making and Handling Deposits in Lieu of
Bond or to Reduce Penal Sum of Bond. (a) A receipt for a deposit
in lieu of surety or sureties shall be issued by the depository,
showing the amount of cash or, if securities, the amount and
description thereof, and agreeing not to disburse or deliver the
same except upon receipt of a certified copy of an order of the
court in which the proceedings are pending, and such receipt
shall be attached to the representative's bond and be delivered
to and filed by the county clerk after approval by the judge.
(b) The amount of cash or securities on deposit may be increased
or decreased, by order of the court from time to time, as the
interest of the estate shall require.
(c) Deposits in lieu of sureties on bonds, whether of cash or
securities, may be withdrawn or released only on order of a court
having jurisdiction.
(d) Creditors shall have the same rights against the
representative and such deposits as are provided for recovery
against sureties on a bond.
(e) The court may on its own motion, or upon written application
by the representative or by any other person interested in the
estate, require that adequate bond be given by the representative
in lieu of such deposit, or authorize withdrawal of the deposit
and substitution of a bond with sureties therefor. In either
case, the representative shall file a sworn statement showing the
condition of the estate, and unless the same be filed within
twenty (20) days after being personally served with notice of the
filing of an application by another, or entry of the court's
motion, he shall be subject to removal as in other cases. The
deposit may not be released or withdrawn until the court has been
satisfied as to the condition of the estate, has determined the
amount of bond, and has received and approved the bond.
9. Withdrawal of Deposits When Estate Closed. Upon the closing of
an estate, any such deposit or portion thereof remaining on hand,
whether of the assets of the representative, or of the assets of
the estate, or of the surety, shall be released by order of court
and paid over to the person or persons entitled thereto. No writ
of attachment or garnishment shall lie against the deposit,
except as to claims of creditors of the estate being
administered, or persons interested therein, including
distributees and wards, and then only in the event distribution
has been ordered by the court, and to the extent only of such
distribution as shall have been ordered.
10. Who May Act as Sureties. The surety or sureties on said bonds
may be authorized corporate sureties, or personal sureties.
11. Procedure When Bond Exceeds Fifty Thousand Dollars ($50,000).
When any such bond shall exceed Fifty Thousand Dollars ($50,000)
in penal sum, the court may require that such bond be signed by
two (2) or more authorized corporate sureties, or by one such
surety and two (2) or more good and sufficient personal sureties.
The estate shall pay the cost of a bond with corporate sureties.
12. Qualifications of Personal Sureties. If the sureties be
natural persons, there shall not be less than two (2), each of
whom shall make affidavit in the manner prescribed in this Code,
and the judge shall be satisfied that he owns property within
this State, over and above that exempt by law, sufficient to
qualify as a surety as required by law. Except as provided by
law, only one surety is required if the surety is an authorized
corporate surety; provided, a personal surety, instead of making
affidavit, or creating a lien on specific real estate when such
is required, may, in the same manner as a personal
representative, deposit his own cash or securities, in lieu of
pledging real property as security, subject, so far as
applicable, to the provisions covering such deposits when made by
personal representatives.
13. Bonds of Temporary Appointees. In case of a temporary
administrator, the bond shall be in such sum as the judge shall
direct.
14. Increased or Additional Bonds When Property Sold, Rented,
Leased for Mineral Development, or Money Borrowed or Invested.
The provisions in this Section with respect to deposit of cash
and safekeeping of securities shall cover, so far as they may be
applicable, the orders to be entered by the court when real or
personal property of an estate has been authorized to be sold or
rented, or money borrowed thereon, or when real property, or an
interest therein, has been authorized to be leased for mineral
development or subjected to unitization, the general bond having
been found insufficient.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 6(b), eff. Aug. 22,
1957; Acts 1971, 62nd Leg., p. 983, ch. 173, Sec. 14, eff. Jan.
1, 1972; Acts 1979, 66th Leg., p. 1754, ch. 713, Sec. 25, eff.
Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 957, Sec. 31, eff. Sept.
1, 1993; Acts 1999, 76th Leg., ch. 344, Sec. 6.003, eff; Sept; 1,
1999.
Text of article effective until January 01, 2014
Sec. 195. WHEN NO BOND REQUIRED. (a) By Will. Whenever any will
probated in a Texas court directs that no bond or security be
required of the person or persons named as executors, the court
finding that such person or persons are qualified, letters
testamentary shall be issued to the persons so named, without
requirement of bond.
(b) Corporate Fiduciary Exempted From Bond. If a personal
representative is a corporate fiduciary, as said term is defined
in this Code, no bond shall be required.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1995, 74th Leg., ch. 1039, Sec. 12, eff. Sept. 1, 1995.
Text of article effective until January 01, 2014
Sec. 196. FORM OF BOND. The following form, or the same in
substance, may be used for the bonds of personal representatives:
"The State of Texas
"County of ______
"Know all men by these presents that we, A. B., as principal, and
E. F., as sureties, are held and firmly bound unto the county (or
probate) judge of the County of ______, and his successors in
office, in the sum of ______ Dollars; conditioned that the above
bound A. B., who has been appointed executor of the last will and
testament of J. C., deceased (or has been appointed by the said
judge of ______ County, administrator with the will annexed of
the estate of J. C., deceased, or has been appointed by the said
judge of ______ County, administrator of the estate of J. C.,
deceased, or has been appointed by the said judge of ______
County, temporary administrator of the estate of J. C., deceased,
as the case may be), shall well and truly perform all of the
duties required of him by law under said appointment."
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 32, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 197. BONDS TO BE FILED. All bonds required by preceding
provisions of this Code shall be subscribed by both principals
and sureties, and, when approved by the court, be filed with the
clerk.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 198. BONDS OF JOINT REPRESENTATIVES. When two or more
persons are appointed representatives of the same estate or
person and are required by the provisions of this Code or by the
court to give a bond, the court may require either a separate
bond from each or one joint bond from all of them.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 199. BONDS OF MARRIED PERSONS. When a married person is
appointed personal representative, the person may, jointly with,
or without, his or her spouse, execute such bond as the law
requires; and such bond shall bind the person's separate estate,
but shall bind his or her spouse only if signed by the spouse.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 39, ch. 24, Sec. 24, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 200. BOND OF MARRIED PERSON UNDER EIGHTEEN YEARS OF AGE.
When a person under eighteen years of age who is or has been
married shall accept and qualify as executor or administrator,
any bond required to be executed by him shall be as valid and
binding for all purposes as if he were of lawful age.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1975, 64th Leg., p. 105, ch. 45, Sec. 3, eff. Sept. 1,
1975; Acts 1993, 73rd Leg., ch. 957, Sec. 33, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 201. (A) AFFIDAVIT OF PERSONAL SURETY; (B) LIEN ON SPECIFIC
PROPERTY, WHEN REQUIRED; (C) SUBORDINATION OF LIEN AUTHORIZED.
(a) Affidavit of Personal Surety. Before the judge may consider a
bond with personal sureties, each person offered as surety shall
execute an affidavit stating the amount of his assets, reachable
by creditors, of a value over and above his liabilities, the
total of the worth of such sureties to be equal to at least
double the amount of the bond, and such affidavit shall be
presented to the judge for his consideration and, if approved,
shall be attached to and form part of the bond.
(b) Lien on Specific Property, When Required. If the judge finds
that the estimated value of personal property of the estate which
cannot be deposited or held in safekeeping as hereinabove
provided is such that personal sureties cannot be accepted
without the creation of a specific lien on real property of such
sureties, he shall enter an order requiring that each surety
designate real property owned by him within this State subject to
execution, of a value over and above all liens and unpaid taxes,
equal at least to the amount of the bond, giving an adequate
legal description of such property, all of which shall be
incorporated in an affidavit by the surety, approved by the
judge, and be attached to and form part of the bond. If
compliance with such order is not had, the judge may in his
discretion require that the bond be signed by an authorized
corporate surety, or by such corporate surety and two (2) or more
personal sureties.
(c) Subordination of Lien Authorized. If a personal surety who
has been required to create a lien on specific real estate
desires to lease such property for mineral development, he may
file his written application in the court in which the
proceedings are pending, requesting subordination of such lien to
the proposed lease, and the judge of such court may, in his
discretion, enter an order granting such application. A certified
copy of such order, filed and recorded in the deed records of the
proper county, shall be sufficient to subordinate such lien to
the rights of a lessee, in the proposed lease.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 6(c).
Text of article effective until January 01, 2014
Sec. 202. BOND AS LIEN ON REAL PROPERTY OF SURETY. When a
personal surety has been required by the court to create a lien
on specific real property as a condition of his acceptance as
surety on a bond, a lien on the real property of the surety in
this State which is described in the affidavit of the surety, and
only upon such property, shall arise as security for the
performance of the obligation of the bond. The clerk of the court
shall, before letters are issued to the representative, cause to
be mailed to the office of the county clerk of each county in
which is located any real property as set forth in the affidavit
of the surety, a statement signed by the clerk, giving a
sufficient description of such real property, the name of the
principal and sureties, the amount of the bond, and the name of
the estate and the court in which the bond is given. The county
clerk to whom such statement is sent shall record the same in the
deed records of the county. All such recorded statements shall be
duly indexed in such manner that the existence and character of
the liens may conveniently be determined, and such recording and
indexing of such statement shall constitute and be constructive
notice to all persons of the existence of such lien on such real
property situated in such county, effective as of date of such
indexing.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 6(d).
Text of article effective until January 01, 2014
Sec. 203. WHEN NEW BOND MAY BE REQUIRED. A personal
representative may be required to give a new bond in the
following cases:
(a) When the sureties upon the bond, or any one of them, shall
die, remove beyond the limits of the state, or become insolvent;
or
(b) When, in the opinion of the court, the sureties upon any such
bond are insufficient; or
(c) When, in the opinion of the court, any such bond is
defective; or
(d) When the amount of any such bond is insufficient; or
(e) When the sureties, or any one of them, petitions the court to
be discharged from future liability upon such bond; or
(f) When the bond and the record thereof have been lost or
destroyed.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 204. DEMAND FOR NEW BOND BY INTERESTED PERSON. Any person
interested in an estate may, upon application in writing filed
with the county clerk of the county where the probate proceedings
are pending, alleging that the bond of the personal
representative is insufficient or defective, or has been,
together with the record thereof, lost or destroyed, cause such
representative to be cited to appear and show cause why he should
not give a new bond.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 205. JUDGE TO REQUIRE NEW BOND. When it shall be known to
him that any such bond is in any respect insufficient or that it
has, together with the record thereof, been lost or destroyed,
the judge shall:
(1) without delay and without notice enter an order requiring
the representative to give a new bond; or
(2) without delay cause the representative to be cited to show
cause why he should not give a new bond.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
683, Sec. 1, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 206. ORDER REQUIRING NEW BOND. (a) The order entered
under Section 205(1) of this code must state the reasons for
requiring a new bond, the amount of the new bond, and the time
within which the new bond must be given, which may not be earlier
than the 10th day after the date of the order. If the personal
representative opposes the order, the personal representative may
demand a hearing on the order. The hearing must be held before
the expiration of the time within which the new bond must be
given.
(b) Upon the return of a citation ordering a personal
representative to show cause why he should not give a new bond,
the judge shall, on the day named therein for the hearing of the
matter, proceed to inquire into the sufficiency of the reasons
for requiring a new bond; and, if satisfied that a new bond
should be required, he shall enter an order to that effect,
stating in such order the amount of such new bond, and the time
within which it shall be given, which shall not be later than
twenty days from the date of such order.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
683, Sec. 1, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 207. ORDER SUSPENDS POWERS OF PERSONAL REPRESENTATIVE. When
a personal representative is required to give a new bond, the
order requiring such bond shall have the effect to suspend his
powers, and he shall not thereafter pay out any money of said
estate or do any other official act, except to preserve the
property of the estate, until such new bond has been given and
approved.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 208. DECREASE IN AMOUNT OF BOND. A personal representative
required to give bond may at any time file with the clerk a
written application to the court to have his bond reduced.
Forthwith the clerk shall issue and cause to be posted notice to
all persons interested and to the surety or sureties on the bond,
apprising them of the fact and nature of the application and of
the time when the judge will hear the application. The judge, in
his discretion, upon the submission of proof that a smaller bond
than the one in effect will be adequate to meet the requirements
of the law and protect the estate, and upon the approval of an
accounting filed at the time of the application, may permit the
filing of a new bond in a reduced amount.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 209. DISCHARGE OF SURETIES UPON EXECUTION OF NEW BOND. When
a new bond has been given and approved, an order shall be entered
discharging the sureties upon the former bond from all liability
for the future acts of the principal.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 210. RELEASE OF SURETIES BEFORE ESTATE FULLY ADMINISTERED.
The sureties upon the bond of a personal representative, or any
one of them, may at any time file with the clerk a petition to
the court in which the proceedings are pending, praying that such
representative be required to give a new bond and that
petitioners be discharged from all liability for the future acts
of such representative; whereupon, such representative shall be
cited to appear and give a new bond.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 211. RELEASE OF LIEN BEFORE ESTATE FULLY ADMINISTERED. If a
personal surety who has given a lien on specific real property as
security applies to the court to have the lien released, the
court shall order the release requested, if the court is
satisfied that the bond is sufficient without the lien on such
property, or if sufficient other real or personal property of the
surety is substituted on the same terms and conditions required
for the lien which is to be released. If such personal surety who
requests the release of the lien does not offer a lien on other
real or personal property, and if the court is not satisfied of
the sufficiency of the bond without the substitution of other
property, the court shall order the personal representative to
appear and give a new bond.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 212. RELEASE OF RECORDED LIEN ON SURETY'S PROPERTY. A
certified copy of the court's order describing the property, and
releasing the lien, filed with the county clerk of the county
where the property is located, and recorded in the deed records,
shall have the effect of cancelling the lien on such property.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 213. REVOCATION OF LETTERS FOR FAILURE TO GIVE BOND. If at
any time a personal representative fails to give bond as required
by the court, within the time fixed by this Code, another person
may be appointed in his stead.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 214. EXECUTOR WITHOUT BOND REQUIRED TO GIVE BOND. Where no
bond is required of an executor appointed by will, any person
having a debt, claim, or demand against the estate, to the
justice of which oath has been made by himself, his agent, or
attorney, or any other person interested in such estate, whether
in person or as the representative of another, may file a
complaint in writing in the court where such will is probated,
and the court shall thereupon cite such executor to appear and
show cause why he should not be required to give bond.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 215. ORDER REQUIRING BOND. Upon hearing such complaint, if
it appears to the court that such executor is wasting,
mismanaging, or misapplying such estate, and that thereby a
creditor may probably lose his debt, or that thereby some
person's interest in the estate may be diminished or lost, the
court shall enter an order requiring such executor to give bond
within ten days from the date of such order.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 216. BOND IN SUCH CASE. Such bond shall be for an amount
sufficient to protect the estate and its creditors, to be
approved by, and payable to, the judge, conditioned that said
executor will well and truly administer such estate, and that he
will not waste, mismanage, or misapply the same.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 217. FAILURE TO GIVE BOND. Should the executor fail to give
such bond within ten days after the order requiring him to do so,
then if the judge does not extend the time, he shall, without
citation, remove such executor and appoint some competent person
in his stead who shall administer the estate according to the
provisions of such will or the law, and who, before he enters
upon the administration of said estate, shall take the oath
required of an administrator with the will annexed, and shall
give bond in the same manner and in the same amount provided in
this Code for the issuance of original letters of administration.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 218. BONDS NOT VOID UPON FIRST RECOVERY. The bonds of
personal representative shall not become void upon the first
recovery, but may be put in suit and prosecuted from time to time
until the whole amount thereof shall have been recovered.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
PART 3. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL
Text of article effective until January 01, 2014
Sec. 220. APPOINTMENT OF SUCCESSOR REPRESENTATIVE. (a) Because
of Death, Resignation or Removal. When a person duly appointed a
personal representative fails to qualify, or, after qualifying,
dies, resigns, or is removed, the court may, upon application
appoint a successor if there be necessity therefor, and such
appointment may be made prior to the filing of, or action upon, a
final accounting. In case of death, the legal representatives of
the deceased person shall account for, pay, and deliver to the
person or persons legally entitled to receive the same, all the
property of every kind belonging to the estate entrusted to his
care, at such time and in such manner as the court shall order.
Upon the finding that a necessity for the immediate appointment
of a successor representative exists, the court may appoint such
successor without citation or notice.
(b) Because of Existence of Prior Right. Where letters have been
granted to one, and another whose right thereto is prior and who
has not waived such right and is qualified, applies for letters,
the letters previously granted shall be revoked and other letters
shall be granted to the applicant.
(c) When Named Executor Becomes an Adult. If one named in a will
as executor is not an adult when the will is probated and letters
in any capacity have been granted to another, such nominated
executor, upon proof that he has become an adult and is not
otherwise disqualified, shall be entitled to have such former
letters revoked and appropriate letters granted to him. And if
the will names two or more persons as executor, any one or more
of whom are minors when such will is probated, and letters have
been issued to such only as are adults, said minor or minors,
upon becoming adults, if not otherwise disqualified, shall be
permitted to qualify and receive letters.
(d) Upon Return of Sick or Absent Executor. If one named in a
will as executor was sick or absent from the State when the
testator died, or when the will was proved, and therefore could
not present the will for probate within thirty days after the
testator's death, or accept and qualify as executor within twenty
days after the probate of the will, he may accept and qualify as
executor within sixty days after his return or recovery from
sickness, upon proof to the court that he was absent or ill; and,
if the letters have been issued to others, they shall be revoked.
(e) When Will Is Discovered After Administration Granted. If it
is discovered after letters of administration have been issued
that the deceased left a lawful will, the letters shall be
revoked and proper letters issued to the person or persons
entitled thereto.
(f) When Application and Service Necessary. Except when otherwise
expressly provided in this Code, letters shall not be revoked and
other letters granted except upon application, and after personal
service of citation on the person, if living, whose letters are
sought to be revoked, that he appear and show cause why such
application should not be granted.
(g) Payment or Tender of Money Due During Vacancy. Money or other
thing of value falling due to an estate while the office of the
personal representative is vacant may be paid, delivered, or
tendered to the clerk of the court for credit of the estate, and
the debtor, obligor, or payor shall thereby be discharged of the
obligation for all purposes to the extent and purpose of such
payment or tender. If the clerk accepts such payment or tender,
he shall issue a proper receipt therefor.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,
1969; Acts 1993, 73rd Leg., ch. 957, Sec. 35, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 221. RESIGNATION. (a) Application to Resign. A personal
representative who wishes to resign his trust shall file with the
clerk his written application to the court to that effect,
accompanied by a full and complete exhibit and final account,
duly verified, showing the true condition of the estate entrusted
to his care.
(b) Successor Representatives. If the necessity exists, the court
may immediately accept a resignation and appoint a successor, but
shall not discharge the person resigning, or release him or the
sureties on his bond until final order or judgment shall have
been rendered on his final account.
(c) Citation. Upon the filing of an application to resign,
supported by exhibit and final account, the clerk shall call the
application to the attention of the judge, who shall set a date
for a hearing upon the matter. The clerk shall then issue a
citation to all interested persons, showing that proper
application has been filed, and the time and place set for
hearing, at which time said persons may appear and contest the
exhibit and account. The citation shall be posted, unless the
court directs that it be published.
(d) Hearing. At the time set for hearing, unless it has been
continued by the court, if the court finds that citation has been
duly issued and served, he shall proceed to examine such exhibit
and account, and hear all evidence for and against the same, and
shall, if necessary, restate, and audit and settle the same. If
the court is satisfied that the matters entrusted to the
applicant have been handled and accounted for in accordance with
law, he shall enter an order of approval, and require that the
estate remaining in the possession of the applicant, if any, be
delivered to the person or persons entitled by law to receive it.
(e) Requisites of Discharge. No resigning personal representative
shall be discharged until the application has been heard, the
exhibit and account examined, settled, and approved, and until he
has satisfied the court that he has delivered the estate, if
there be any remaining in his possession, or has complied with
all lawful orders of the court with relation to his trust.
(f) Final Discharge. When the resigning applicant has complied in
all respects with the orders of the court, an order shall be made
accepting the resignation, discharging the applicant, and, if he
is under bond, his sureties.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 36, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 221A. CHANGE OF RESIDENT AGENT. (a) A personal
representative may change its resident agent to accept service of
process in a probate proceeding or other action relating to the
estate by filing a statement of the change titled "Designation of
Successor Resident Agent" with the court in which the probate
proceeding is pending. The statement must contain the names and
addresses of the:
(1) personal representative;
(2) resident agent; and
(3) successor resident agent.
(b) The designation of a successor resident agent made in a
statement filed under this section takes effect on the date on
which the statement is filed with the court.
Added by Acts 1999, 76th Leg., ch. 855, Sec. 7, eff. Sept. 1,
1999.
Text of article effective until January 01, 2014
Sec. 221B. RESIGNATION OF RESIDENT AGENT. (a) A resident agent
of a personal representative may resign as the resident agent by
giving notice to the personal representative and filing with the
court in which the probate proceeding is pending a statement
titled "Resignation of Resident Agent" that:
(1) contains the name of the personal representative;
(2) contains the address of the personal representative most
recently known by the resident agent;
(3) states that notice of the resignation has been given to the
personal representative and that the personal representative has
not designated a successor resident agent; and
(4) contains the date on which the notice of the resignation was
given to the personal representative.
(b) The resident agent shall send, by certified mail, return
receipt requested, a copy of a resignation statement filed under
Subsection (a) of this section to:
(1) the personal representative at the address most recently
known by the agent; and
(2) each party in the case or the party's attorney or other
designated representative of record.
(c) The resignation of a resident agent takes effect on the date
on which the court enters an order accepting the agent's
resignation. A court may not enter an order accepting the agent's
resignation unless the agent complies with the requirements of
this section.
Added by Acts 1999, 76th Leg., ch. 855, Sec. 7, eff. Sept. 1,
1999.
Text of article effective until January 01, 2014
Sec. 222. REMOVAL. (a) Without Notice. (1) The court, on its own
motion or on motion of any interested person, and without notice,
may remove any personal representative, appointed under
provisions of this Code, who:
(A) Neglects to qualify in the manner and time required by law;
(B) Fails to return within ninety days after qualification,
unless such time is extended by order of the court, an inventory
of the property of the estate and list of claims that have come
to his knowledge;
(C) Having been required to give a new bond, fails to do so
within the time prescribed;
(D) Absents himself from the State for a period of three months
at one time without permission of the court, or removes from the
State;
(E) Cannot be served with notices or other processes because of
the fact that the:
(i) personal representative's whereabouts are unknown;
(ii) personal representative is eluding service; or
(iii) personal representative is a nonresident of this state who
does not have a resident agent to accept service of process in
any probate proceeding or other action relating to the estate; or
(F) Has misapplied, embezzled, or removed from the State, or is
about to misapply, embezzle, or remove from the State, all or any
part of the property committed to the personal representative's
care.
(2) The court may remove a personal representative under
Paragraph (F), Subdivision (1), of this subsection only on the
presentation of clear and convincing evidence given under oath.
(b) With Notice. The court may remove a personal representative
on its own motion, or on the complaint of any interested person,
after the personal representative has been cited by personal
service to answer at a time and place fixed in the notice, when:
(1) Sufficient grounds appear to support belief that the
personal representative has misapplied, embezzled, or removed
from the state, or that the personal representative is about to
misapply, embezzle, or remove from the state, all or any part of
the property committed to the personal representative's care;
(2) The personal representative fails to return any account
which is required by law to be made;
(3) The personal representative fails to obey any proper order
of the court having jurisdiction with respect to the performance
of the personal representative's duties;
(4) The personal representative is proved to have been guilty of
gross misconduct, or mismanagement in the performance of the
personal representative's duties;
(5) The personal representative becomes an incapacitated person,
or is sentenced to the penitentiary, or from any other cause
becomes incapable of properly performing the duties of the
personal representative's trust;
(6) As executor or administrator, the personal representative
fails to make a final settlement within three years after the
grant of letters, unless the time be extended by the court upon a
showing of sufficient cause supported by oath; or
(7) As executor or administrator, the personal representative
fails to timely file the affidavit or certificate required by
Section 128A of this code.
(c) Order of Removal. The order of removal shall state the cause
thereof. It shall require that any letters issued to the one
removed shall, if he has been personally served with citation, be
surrendered, and that all such letters be cancelled of record,
whether delivered or not. It shall further require, as to all the
estate remaining in the hands of a removed person, delivery
thereof to the person or persons entitled thereto, or to one who
has been appointed and has qualified as successor representative.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,
1969; Acts 1989, 71st Leg., ch. 1035, Sec. 11, eff. Sept. 1,
1989; Acts 1993, 73rd Leg., ch. 905, Sec. 11, eff. Sept. 1, 1993;
Acts 1993, 73rd Leg., ch. 957, Sec. 37, eff. Sept. 1, 1993; Acts
1995, 74th Leg., ch. 1039, Sec. 13, eff. Sept. 1, 1995; Acts
1999, 76th Leg., ch. 855, Sec. 8, eff; Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
801, Sec. 4, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 222A. REINSTATEMENT AFTER REMOVAL. (a) Not later than the
10th day after the date the court signs the order of removal, a
personal representative who is removed under Subsection (a)(1)(F)
or (G), Section 222, of this code may file an application with
the court for a hearing to determine whether the personal
representative should be reinstated.
(b) On the filing of an application for a hearing under this
section, the court clerk shall issue a notice stating that the
application for reinstatement was filed, the name of the
decedent, and the name of the applicant. The clerk shall issue
the notice to the applicant and to the successor representative
of the decedent's estate. The notice must cite all persons
interested in the estate to appear at the time and place stated
in the notice if they wish to contest the application.
(c) If, at the conclusion of a hearing under this section, the
court is satisfied by a preponderance of the evidence that the
applicant did not engage in the conduct that directly led to the
applicant's removal, the court shall set aside an order
appointing a successor representative, if any, and shall enter an
order reinstating the applicant as personal representative of the
ward or estate.
(d) If the court sets aside the appointment of a successor
representative under this section, the court may require the
successor representative to prepare and file, under oath, an
accounting of the estate and to detail the disposition the
successor has made of the property of the estate.
Added by Acts 1993, 73rd Leg., ch. 905, Sec. 12, eff. Sept. 1,
1993.
Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1060, Sec. 12,
eff. Sept. 1, 2003.
PART 4. SUBSEQUENT PERSONAL REPRESENTATIVES
Text of article effective until January 01, 2014
Sec. 223. FURTHER ADMINISTRATION WITH OR WITHOUT WILL ANNEXED.
Whenever any estate is unrepresented by reason of the death,
removal, or resignation of the personal representative of such
estate, the court shall grant further administration of the
estate when necessary, and with the will annexed where there is a
will, upon application therefor by a qualified person interested
in the estate. Such appointments shall be made on notice and
after hearing, as in case of original appointments, except that
when the court finds that there is a necessity for the immediate
appointment of a successor representative, such successor may be
appointed upon application but without citation or notice.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 224. SUCCESSORS SUCCEED TO PRIOR RIGHTS, POWERS, AND DUTIES.
When a representative of the estate not administered succeeds
another, he shall be clothed with all rights, powers, and duties
of his predecessor, except such rights and powers conferred on
the predecessor by will which are different from those conferred
by this Code on personal representatives generally. Subject to
this exception, the successor shall proceed to administer such
estate in like manner as if his administration were a
continuation of the former one. He shall be required to account
for all the estate which came into the hands of his predecessor
and shall be entitled to any order or remedy which the court has
power to give in order to enforce the delivery of the estate and
the liability of the sureties of his predecessor for so much as
is not delivered. He shall be excused from accounting for such of
the estate as he has failed to recover after due diligence.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 225. ADDITIONAL POWERS OF SUCCESSOR APPOINTEE. In addition,
such appointee may make himself, and may be made, a party to
suits prosecuted by or against his predecessors. He may settle
with the predecessor, and receive and receipt for all such
portion of the estate as remains in his hands. He may bring suit
on the bond or bonds of the predecessor in his own name and
capacity, for all the estate that came into the hands of the
predecessor and has not been accounted for by him.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 226. SUBSEQUENT EXECUTORS ALSO SUCCEED TO PRIOR RIGHTS AND
DUTIES. Whenever an executor shall accept and qualify after
letters of administration shall have been granted upon the
estate, such executor shall, in like manner, succeed to the
previous administrator, and he shall administer the estate in
like manner as if his administration were a continuation of the
former one, subject, however, to any legal directions of the
testator contained in the will in relation to the estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 38, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 227. SUCCESSORS RETURN OF INVENTORY, APPRAISEMENT, AND LIST
OF CLAIMS. An appointee who has been qualified to succeed to a
prior personal representative shall make and return to the court
an inventory, appraisement, and list of claims of the estate,
within ninety days after being qualified, in like manner as is
required of original appointees; and he shall also in like manner
return additional inventories, appraisements, and lists of
claims. In all orders appointing successor representatives of
estates, the court shall appoint appraisers as in original
appointments upon the application of any person interested in the
estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,
1969.
PART 5. GENERAL POWERS OF PERSONAL REPRESENTATIVES
Text of article effective until January 01, 2014
Sec. 230. CARE OF PROPERTY OF ESTATES. The executor or
administrator shall take care of the property of the estate of
his testator or intestate as a prudent man would take of his own
property, and if there be any buildings belonging to the estate,
he shall keep the same in good repair, extraordinary casualties
excepted, unless directed not to do so by an order of the court.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1975, 64th Leg., p. 268, ch. 114, Sec. 1, eff. April 30,
1975; Acts 1993, 73rd Leg., ch. 957, Sec. 39, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 232. REPRESENTATIVE OF ESTATE SHALL TAKE POSSESSION OF
PERSONAL PROPERTY AND RECORDS. The personal representative of an
estate, immediately aft