CHAPTER VIII. PROCEEDINGS DURING ADMINISTRATION
PROBATE CODE
CHAPTER VIII. PROCEEDINGS DURING ADMINISTRATION
PART 1. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
Text of section as amended by Acts 2005, 79th Leg., R.S., Ch.
765, Sec. 2
For text of section as amended by Acts 2005, 79th Leg., Ch.
701, Sec. 1, see other Sec. 248.
Text of article effective until January 01, 2014
Sec. 248. APPOINTMENT OF APPRAISERS. At any time after the
grant of letters testamentary or of administration, the court for
good cause on its own motion or on the motion of an interested
party shall appoint not less than one nor more than three
disinterested persons, citizens of the county in which letters
were granted, to appraise the property of the estate. In such
event and when part of the estate is situated in a county other
than the county in which letters were granted, if the court shall
deem necessary it may appoint not less than one nor more than
three disinterested persons, citizens of the county where such
part of the estate is situated, to appraise the property of the
estate situated therein.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1967, 60th Leg., p. 1815, ch. 697, Sec. 2, eff. Aug. 28,
1967; Acts 1993, 73rd Leg., ch. 957, Sec. 44, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
765, Sec. 2, eff. June 17, 2005.
Text of section as amended by Acts 2005, 79th Leg., R.S., Ch.
701, Sec. 1
For text of section as amended by Acts 2005, 79th Leg., Ch.
765, Sec. 2, see other Sec. 248.
Text of article effective until January 01, 2014
Sec. 248. APPOINTMENT OF APPRAISERS. At any time after the
grant of letters testamentary or of administration and on its own
motion or on the motion of an interested person, the court for
good cause shown shall appoint not less than one nor more than
three disinterested persons, citizens of the county in which
letters were granted, to appraise the property of the estate. In
such event and when part of the estate is situated in a county
other than the county in which letters were granted, if the court
shall deem necessary it may appoint not less than one nor more
than three disinterested persons, citizens of the county where
such part of the estate is situated, to appraise the property of
the estate situated therein.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1967, 60th Leg., p. 1815, ch. 697, Sec. 2, eff. Aug. 28,
1967; Acts 1993, 73rd Leg., ch. 957, Sec. 44, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
701, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
765, Sec. 2, eff. June 17, 2005.
Text of article effective until January 01, 2014
Sec. 249. FAILURE OF APPRAISERS TO SERVE. If any appraiser so
appointed shall fail or refuse to act, the court shall by a like
order or orders remove such appraiser and appoint another
appraiser or appraisers, as the case shall require.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1967, 60th Leg., p. 1816, ch. 697, Sec. 3, eff. Aug. 28,
1967.
Text of article effective until January 01, 2014
Sec. 250. INVENTORY AND APPRAISEMENT. Within ninety days after
his qualification, unless a longer time shall be granted by the
court, the representative shall file with the clerk of court a
verified, full and detailed inventory, in one written instrument,
of all the property of such estate which has come to his
possession or knowledge, which inventory shall include:
(a) all real property of the estate situated in the State of
Texas;
(b) all personal property of the estate wherever situated. The
representative shall set out in the inventory his appraisement of
the fair market value of each item thereof as of the date of
death in the case of grant of letters testamentary or of
administration, as the case may be; provided that if the court
shall appoint an appraiser or appraisers of the estate, the
representative shall determine the fair market value of each item
of the inventory with the assistance of such appraiser or
appraisers and shall set out in the inventory such appraisement.
The inventory shall specify what portion of the property, if any,
is separate property and what portion, if any, is community
property. If any property is owned in common with others, the
interest owned by the estate shall be shown, together with the
names and relationship, if known, of co-owners. Such inventory,
when approved by the court and duly filed with the clerk of
court, shall constitute for all purposes the inventory and
appraisement of the estate referred to in this Code. The court
for good cause shown may require the filing of the inventory and
appraisement at a time prior to ninety days after the
qualification of the representative.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1967, 60th Leg., p. 1816, ch. 697, Sec. 4, eff. Aug. 28,
1967; Acts 1993, 73rd Leg., ch. 957, Sec. 45, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 251. LIST OF CLAIMS. There shall also be made out and
attached to said inventory a full and complete list of all claims
due or owing to the estate, which shall state:
(a) The name of each person indebted to the estate and his
address when known.
(b) The nature of such debt, whether by note, bill, bond, or
other written obligation, or by account or verbal contract.
(c) The date of such indebtedness, and the date when the same was
or will be due.
(d) The amount of each claim, the rate of interest thereon, and
time for which the same bears interest.
(e) In the case of decedent's estate, which of such claims are
separate property and which are of the community.
(f) What portion of the claims, if any, is held in common with
others, giving the names and the relationships, if any, of other
part owners, and the interest of the estate therein.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 252. AFFIDAVIT TO BE ATTACHED. The representative of the
estate shall also attach to such inventory and list of claims his
affidavit subscribed and sworn to before an officer in the county
authorized by law to administer oaths, that the said inventory
and list of claims are a true and complete statement of the
property and claims of the estate that have come to his
knowledge.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 253. FEES OF APPRAISERS. Each appraiser appointed by the
court, as herein authorized, shall be entitled to receive a
minimum compensation of Five Dollars ($5) per day, payable out of
the estate, for each day that he actually serves in performance
of his duties as such.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 9.
Text of article effective until January 01, 2014
Sec. 255. ACTION BY THE COURT. Upon return of the inventory,
appraisement, and list of claims, the judge shall examine and
approve, or disapprove, them, as follows:
(a) Order of Approval. Should the judge approve the inventory,
appraisement, and list of claims, he shall issue an order to that
effect.
(b) Order of Disapproval. Should the judge not approve the
inventory, appraisement, or list of claims, or any of them, an
order to that effect shall be entered, and it shall further
require the return of another inventory, appraisement, and list
of claims, or whichever of them is disapproved, within a time
specified in such order, not to exceed twenty days from the date
of the order; and the judge may also, if deemed necessary,
appoint new appraisers.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 256. DISCOVERY OF ADDITIONAL PROPERTY. If, after the filing
of the inventory and appraisement, property or claims not
included in the inventory shall come to the possession or
knowledge of the representative, he shall forthwith file with the
clerk of court a verified, full and detailed supplemental
inventory and appraisement.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1967, 60th Leg., p. 1816, ch. 697, Sec. 5, eff. Aug. 28,
1967.
Text of article effective until January 01, 2014
Sec. 257. ADDITIONAL INVENTORY OR LIST OF CLAIMS REQUIRED BY
COURT. Any representative of an estate, on the written complaint
of any interested person that property or claims of the estate
have not been included in the inventory and list of claims filed,
shall be cited to appear before the court in which the cause is
pending and show cause why he should not be required to make and
return an additional inventory or list of claims, or both. After
hearing such complaint, and being satisfied of the truth thereof,
the court shall enter its order requiring such additional
inventory or list of claims, or both, to be made and returned in
like manner as original inventories, and within such time, not to
exceed twenty days, from the date of said order, as may be fixed
by the court, but to include only property or claims theretofore
not inventoried or listed.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 258. CORRECTION REQUIRED WHEN INVENTORY, APPRAISEMENT, OR
LIST OF CLAIMS ERRONEOUS OR UNJUST. Any person interested in an
estate who deems an inventory, appraisement, or list of claims
returned therein erroneous or unjust in any particular may file a
complaint in writing setting forth and pointing out the alleged
erroneous or unjust items, and cause the representative to be
cited to appear before the court and show cause why such errors
should not be corrected. If, upon the hearing of such complaint,
the court be satisfied from the evidence that the inventory,
appraisement, or list of claims is erroneous or unjust in any
particular as alleged in the complaint, an order shall be entered
specifying the erroneous or unjust items and the corrections to
be made, and appointing appraisers to make a new appraisement
correcting such erroneous or unjust items and requiring the
return of said new appraisement within twenty days from the date
of the order. The court may also, on its own motion or that of
the personal representative of the estate, have a new appraisal
made for the purposes above set out.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 259. EFFECT OF REAPPRAISEMENT. When any reappraisement is
made, returned, and approved by the court, it shall stand in
place of the original appraisement. Not more than one
reappraisement shall be made, but any person interested in the
estate may object to the reappraisement either before or after it
is approved, and if the court finds that the reappraisement is
erroneous or unjust, the court shall appraise the property upon
the basis of the evidence before it.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 260. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO RETURN AN
INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. If there be more
than one representative qualified as such, any one or more of
them, on the neglect of the others, may make and return an
inventory and appraisement and list of claims; and the
representative so neglecting shall not thereafter interfere with
the estate or have any power over same; but the representative so
returning shall have the whole administration, unless, within
sixty days after the return, the delinquent or delinquents shall
assign to the court in writing and under oath a reasonable excuse
which the court may deem satisfactory; and if no excuse is filed
or if the excuse filed is not deemed sufficient, the court shall
enter an order removing any and all such delinquents and revoking
their letters.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 261. USE OF INVENTORIES, APPRAISEMENTS, AND LISTS OF CLAIMS
AS EVIDENCE. All inventories, appraisements, and lists of claims
which have been taken, returned, and approved in accordance with
law, or the record thereof, or copies of either the originals or
the record thereof, duly certified under the seal of the county
court affixed by the clerk, may be given in evidence in any of
the courts of this State in any suit by or against the
representative of the estate, but shall not be conclusive for or
against him, if it be shown that any property or claims of the
estate are not shown therein, or that the value of the property
or claims of the estate actually was in excess of that shown in
the appraisement and list of claims.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
PART 2. WITHDRAWING ESTATES OF DECEASED PERSONS FROM
ADMINISTRATION
Text of article effective until January 01, 2014
Sec. 262. EXECUTOR OR ADMINISTRATOR REQUIRED TO REPORT ON
CONDITION OF ESTATE. At any time after the return of inventory,
appraisement, and list of claims of a deceased person, any one
entitled to a portion of the estate may, by a written complaint
filed in the court in which such case is pending, cause the
executor or administrator of the estate to be cited to appear and
render under oath an exhibit of the condition of the estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 263. BOND REQUIRED TO WITHDRAW ESTATE FROM ADMINISTRATION.
When the executor or administrator has rendered the required
exhibit, the persons entitled to such estate, or any of them, or
any persons for them, may execute and deliver to the court a bond
payable to the judge, and his successors in office, to be
approved by the court, for an amount equal to at least double the
gross appraised value of the estate as shown by the appraisement
and list of claims returned, conditioned that the persons who
execute such bond shall pay all the debts against the estate not
paid that have been or shall be allowed by the executor or
administrator and approved by the court, or that have been or
shall be established by suit against said estate, and will pay to
the executor or administrator any balance that shall be found to
be due him by the judgment of the court on his exhibit.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 264. COURT'S ORDER. When such bond has been given and
approved, the court shall thereupon enter an order directing and
requiring the executor or administrator to deliver forthwith to
all persons entitled to any portion of the estate the portion or
portions of such estate to which they are entitled.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 265. ORDER OF DISCHARGE. When an estate has been so
withdrawn from further administration, an order shall be entered
discharging the executor or administrator and declaring the
administration closed.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 266. LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM
ADMINISTRATION. A lien shall exist on all of the estate
withdrawn from administration in the hands of the distributees,
and those claiming under them with notice of such lien, to secure
the ultimate payment of the aforesaid bond and of the debts and
claims secured thereby.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 267. PARTITION OF ESTATE WITHDRAWN FROM ADMINISTRATION. Any
person entitled to any portion of the estate withdrawn from
further administration may, on written application to the court,
cause a partition and distribution to be made among the persons
entitled thereto, in accordance with the provisions of this Code
pertaining to the partition and distribution of estates.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 268. CREDITORS MAY SUE ON BOND. Any creditor of an estate
withdrawn from administration whose debt or claim is unpaid and
is not barred by limitation shall have the right to sue on the
bond in his own name, and shall be entitled to judgment thereon
for such debt or claim as he shall establish against the estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 269. CREDITORS MAY SUE DISTRIBUTEES. Any creditor of an
estate withdrawn from administration whose debt or claim is
unpaid and is not barred by limitation may sue any distributee
who has received any of the estate, or he may sue all the
distributees together, but no one of such distributees shall be
liable beyond his just proportion according to the amount of the
estate he shall have received in the distribution.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
PART 3. SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY, AND
FIXING THE FAMILY ALLOWANCE
Text of article effective until January 01, 2014
Sec. 270. LIABILITY OF HOMESTEAD FOR DEBTS. The homestead shall
not be liable for the payment of any of the debts of the estate,
except for:
(1) the purchase money thereof;
(2) the taxes due thereon;
(3) work and material used in constructing improvements thereon
if the requirements of Section 50(a)(5), Article XVI, Texas
Constitution, are met;
(4) an owelty of partition imposed against the entirety of the
property by court order or by a written agreement of the parties
to the partition, including a debt of one spouse in favor of the
other spouse resulting from a division or an award of a family
homestead in a divorce proceeding;
(5) the refinance of a lien against a homestead, including a
federal tax lien resulting from the tax debt of both spouses, if
the homestead is a family homestead, or from the tax debt of the
decedent;
(6) an extension of credit on the homestead if the requirements
of Section 50(a)(6), Article XVI, Texas Constitution, are met; or
(7) a reverse mortgage.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 35, ch. 24, Sec. 1, eff. Aug. 27,
1979; Acts 1999, 76th Leg., ch. 487, Sec. 1, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 855, Sec. 9, eff. Sept. 1, 1999.
Text of article effective until January 01, 2014
Sec. 271. EXEMPT PROPERTY TO BE SET APART. (a) Unless an
affidavit is filed under Subsection (b) of this section,
immediately after the inventory, appraisement, and list of claims
have been approved, the court shall, by order, set apart:
(1) the homestead for the use and benefit of the surviving
spouse and minor children; and
(2) all other property of the estate that is exempt from
execution or forced sale by the constitution and laws of this
state for the use and benefit of the surviving spouse and minor
children and unmarried children remaining with the family of the
deceased.
(b) Before the approval of the inventory, appraisement, and list
of claims:
(1) a surviving spouse or any person who is authorized to act on
behalf of minor children of the deceased may apply to the court
to have exempt property, including the homestead, set aside by
filing an application and a verified affidavit listing all of the
property that the applicant claims is exempt; and
(2) any unmarried children remaining with the family of the
deceased may apply to the court to have all exempt property other
than the homestead set aside by filing an application and a
verified affidavit listing all of the other property that the
applicant claims is exempt.
(c) An applicant under Subsection (b) of this section bears the
burden of proof by a preponderance of the evidence at any hearing
on the application. The court shall set aside property of the
decedent's estate that the court finds is exempt.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 35, ch. 24, Sec. 2, eff. Aug. 27,
1979; Acts 1993, 73rd Leg., ch. 846, Sec. 18, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch.
551, Sec. 4, eff. September 1, 2005.
Text of article effective until January 01, 2014
Sec. 272. TO WHOM DELIVERED. The exempt property set apart to
the surviving spouse and children shall be delivered by the
executor or administrator without delay as follows: (a) If there
be a surviving spouse and no children, or if the children be the
children of the surviving spouse, the whole of such property
shall be delivered to the surviving spouse. (b) If there be
children and no surviving spouse, such property, except the
homestead, shall be delivered to such children if they be of
lawful age, or to their guardian if they be minors. (c) If there
be children of the deceased of whom the surviving spouse is not
the parent, the share of such children in such exempted property,
except the homestead, shall be delivered to such children if they
be of lawful age, or to their guardian, if they be minors. (d)
In all cases, the homestead shall be delivered to the surviving
spouse, if there be one, and if there be no surviving spouse, to
the guardian of the minor children.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 35, ch. 24, Sec. 3, eff. Aug. 27,
1979.
Amended by:
Acts 2005, 79th Leg., Ch.
551, Sec. 5, eff. September 1, 2005.
Text of article effective until January 01, 2014
Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case there
should not be among the effects of the deceased all or any of the
specific articles exempted from execution or forced sale by the
Constitution and laws of this state, the court shall make a
reasonable allowance in lieu thereof, to be paid to such
surviving spouse and children, or such of them as there are, as
hereinafter provided. The allowance in lieu of a homestead shall
in no case exceed $15,000 and the allowance for other exempted
property shall in no case exceed $5,000, exclusive of the
allowance for the support of the surviving spouse and minor
children which is hereinafter provided for.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1977, 65th Leg., p. 351, ch. 172, Sec. 1, eff. Aug. 29,
1977; Acts 1979, 66th Leg., p. 35, ch. 24, Sec. 4, eff. Aug. 27,
1979; Acts 1993, 73rd Leg., ch. 846, Sec. 19, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 274. HOW ALLOWANCE PAID. The allowance made in lieu of any
of the exempted property shall be paid either in money out of the
funds of the estate that come to the hands of the executor or
administrator, or in any property of the deceased that such
surviving spouse or children, if they be of lawful age, or their
guardian if they be minors, shall choose to take at the
appraisement, or a part thereof, or both, as they shall select;
provided, however, that property specifically bequeathed or
devised to another may be so taken, or may be sold to raise funds
for the allowance as hereinafter provided, only if the other
available property shall be insufficient to provide the
allowance.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 36, ch. 24, Sec. 5, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 275. TO WHOM ALLOWANCE PAID. The allowance in lieu of
exempt property shall be paid by the executor or administrator,
as follows: (a) If there be a surviving spouse and no children,
or if all the children be the children of the surviving spouse,
the whole shall be paid to such surviving spouse.
(b) If there be children and no surviving spouse, the whole shall
be paid to and equally divided among them if they be of lawful
age, but if any of such children are minors, their shares shall
be paid to their guardian or guardians.
(c) If there be a surviving spouse, and children of the deceased,
some of whom are not children of the surviving spouse, the
surviving spouse shall receive one-half of the whole, plus the
shares of the children of whom the survivor is the parent, and
the remaining shares shall be paid to the children of whom the
survivor is not the parent, or, if they are minors, to their
guardian.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 36, ch. 24, Sec. 6, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 276. SALE TO RAISE ALLOWANCE. If there be no property of
the deceased that such surviving spouse or children are willing
to take for such allowance, or not a sufficiency, and there be no
funds, or not sufficient funds, of the estate in the hands of
such executor or administrator to pay such allowance, or any part
thereof, the court, on the application in writing of such
surviving spouse and children, shall order a sale of so much of
the estate for cash as will be sufficient to raise the amount of
such allowance, or a part thereof, as the case requires.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 36, ch. 24, Sec. 7, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 277. PREFERENCE OF LIENS. If property upon which there is a
valid subsisting lien or encumbrance shall be set apart to the
surviving spouse or children as exempt property, or appropriated
to make up allowances made in lieu of exempt property or for the
support of the surviving spouse or children, the debts secured by
such lien shall, if necessity requires, be either paid or
continued as against such property. This provision applies to all
estates, whether solvent or insolvent.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 36, ch. 24, Sec. 8, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 278. WHEN ESTATE IS SOLVENT. If, upon a final settlement of
the estate, it shall appear that the same is solvent, the
exempted property, except the homestead or any allowance in lieu
thereof, shall be subject to partition and distribution among the
heirs and distributees of such estate in like manner as the other
property of the estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 279. WHEN ESTATE IS INSOLVENT. Should the estate, upon
final settlement, prove to be insolvent, the title of the
surviving spouse and children to all the property and allowances
set apart or paid to them under the provisions of this Code shall
be absolute, and shall not be taken for any of the debts of the
estate except as hereinafter provided.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 37, ch. 24, Sec. 9, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 280. EXEMPT PROPERTY NOT CONSIDERED IN DETERMINING SOLVENCY.
In ascertaining whether an estate is solvent or insolvent, the
exempt property set apart to the surviving spouse or children, or
the allowance in lieu thereof, and the family allowance
hereinafter provided for, shall not be estimated or considered as
assets of the estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 37, ch. 24, Sec. 10, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 281. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS. The exempt
property, other than the homestead or any allowance made in lieu
thereof, shall be liable for the payment of Class 1 claims, but
such property shall not be liable for any other debts of the
estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1997, 75th Leg., ch. 1302, Sec. 10, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 282. NATURE OF HOMESTEAD PROPERTY IMMATERIAL. The homestead
rights of the surviving spouse and children of the deceased are
the same whether the homestead be the separate property of the
deceased or community property between the surviving spouse and
the deceased, and the respective interests of such surviving
spouse and children shall be the same in one case as in the
other.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 37, ch. 24, Sec. 11, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 283. HOMESTEAD RIGHTS OF SURVIVING SPOUSE. On the death of
the husband or wife, leaving a spouse surviving, the homestead
shall descend and vest in like manner as other real property of
the deceased and shall be governed by the same laws of descent
and distribution.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 37, ch. 24, Sec. 12, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 284. WHEN HOMESTEAD NOT PARTITIONED. The homestead shall
not be partitioned among the heirs of the deceased during the
lifetime of the surviving spouse, or so long as the survivor
elects to use or occupy the same as a homestead, or so long as
the guardian of the minor children of the deceased is permitted,
under the order of the proper court having jurisdiction, to use
and occupy the same.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 37, ch. 24, Sec. 13, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 285. WHEN HOMESTEAD CAN BE PARTITIONED. When the surviving
spouse dies or sells his or her interest in the homestead, or
elects no longer to use or occupy the same as a homestead, or
when the proper court no longer permits the guardian of the minor
children to use and occupy the same as a homestead, it may be
partitioned among the respective owners thereof in like manner as
other property held in common.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 37, ch. 24, Sec. 14, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 286. FAMILY ALLOWANCE TO SURVIVING SPOUSES AND MINORS. (a)
Unless an affidavit is filed under Subsection (b) of this
section, immediately after the inventory, appraisement, and list
of claims have been approved, the court shall fix a family
allowance for the support of the surviving spouse and minor
children of the deceased.
(b) Before the approval of the inventory, appraisement, and list
of claims, a surviving spouse or any person who is authorized to
act on behalf of minor children of the deceased may apply to the
court to have the court fix the family allowance by filing an
application and a verified affidavit describing the amount
necessary for the maintenance of the surviving spouse and minor
children for one year after the date of the death of the decedent
and describing the spouse's separate property and any property
that minor children have in their own right. The applicant bears
the burden of proof by a preponderance of the evidence at any
hearing on the application. The court shall fix a family
allowance for the support of the surviving spouse and minor
children of the deceased.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 38, ch. 24, Sec. 15, eff. Aug. 27,
1979; Acts 1993, 73rd Leg., ch. 846, Sec. 20, eff. Sept. 1, 1993.
Text of article effective until January 01, 2014
Sec. 287. AMOUNT OF FAMILY ALLOWANCE. Such allowance shall be of
an amount sufficient for the maintenance of such surviving spouse
and minor children for one year from the time of the death of the
testator or intestate. The allowance shall be fixed with regard
to the facts or circumstances then existing and those anticipated
to exist during the first year after such death. The allowance
may be paid either in a lump sum or in installments, as the court
shall order.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 38, ch. 24, Sec. 16, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 288. WHEN FAMILY ALLOWANCE NOT MADE. No such allowance
shall be made for the surviving spouse when the survivor has
separate property adequate to the survivor's maintenance; nor
shall such allowance be made for the minor children when they
have property in their own right adequate to their maintenance.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 38, ch. 24, Sec. 17, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 289. ORDER FIXING FAMILY ALLOWANCE. When an allowance has
been fixed, an order shall be entered stating the amount thereof,
providing how the same shall be payable, and directing the
executor or administrator to pay the same in accordance with law.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 290. FAMILY ALLOWANCE PREFERRED. The family allowance made
for the support of the surviving spouse and minor children of the
deceased shall be paid in preference to all other debts or
charges against the estate, except Class 1 claims.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 38, ch. 24, Sec. 18, eff. Aug. 27,
1979; Acts 1997, 75th Leg., ch. 1302, Sec. 11, eff. Sept. 1,
1997.
Text of article effective until January 01, 2014
Sec. 291. TO WHOM FAMILY ALLOWANCE PAID. The executor or
administrator shall apportion and pay the family allowance:
(a) To the surviving spouse, if there be one, for the use of the
survivor and the minor children, if such children be the
survivor's.
(b) If the surviving spouse is not the parent of such minor
children, or of some of them, the portion of such allowance
necessary for the support of such minor child or children of
which the survivor is not the parent shall be paid to the
guardian or guardians of such child or children.
(c) If there be no surviving spouse, the allowance to the minor
child or children shall be paid to the guardian or guardians of
such minor child or children.
(d) If there be a surviving spouse and no minor child or
children, the entire allowance shall be paid to the surviving
spouse.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 38, ch. 24, Sec. 19, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 292. MAY TAKE PROPERTY FOR FAMILY ALLOWANCE. The surviving
spouse, or the guardian of the minor children, as the case may
be, shall have the right to take in payment of such allowance, or
any part thereof, any of the personal property of the estate at
its appraised value as shown by the appraisement; provided,
however, that property specifically devised or bequeathed to
another may be so taken, or may be sold to raise funds for the
allowance as hereinafter provided, only if the other available
property shall be insufficient to provide the allowance.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 39, ch. 24, Sec. 20, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 293. SALE TO RAISE FUNDS FOR FAMILY ALLOWANCE. If there be
no personal property of the deceased that the surviving spouse or
guardian is willing to take for such allowance, or not a
sufficiency of them, and if there be no funds or not sufficient
funds in the hands of such executor or administrator to pay such
allowance, or any part thereof, then the court, as soon as the
inventory, appraisement, and list of claims are returned and
approved, shall order a sale of so much of the estate for cash as
will be sufficient to raise the amount of such allowance, or a
part thereof, as the case requires.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 39, ch. 24, Sec. 21, eff. Aug. 27,
1979.
PART 4. PRESENTMENT AND PAYMENT OF CLAIMS
Text of article effective until January 01, 2014
Sec. 294. NOTICE BY REPRESENTATIVE OF APPOINTMENT. (a) Giving of
Notice Required. Within one month after receiving letters,
personal representatives of estates shall send to the comptroller
of public accounts by certified or registered mail if the
decedent remitted or should have remitted taxes administered by
the comptroller of public accounts and publish in some newspaper,
printed in the county where the letters were issued, if there be
one, a notice requiring all persons having claims against the
estate being administered to present the same within the time
prescribed by law. The notice shall include the date of issuance
of letters held by the representative, the address to which
claims may be presented, and an instruction of the
representative's choice that claims be addressed in care of the
representative, in care of the representative's attorney, or in
care of "Representative, Estate of __________" (naming the
estate).
(b) Proof of Publication. A copy of such printed notice, together
with the affidavit of the publisher, duly sworn to and subscribed
before a proper officer, to the effect that the notice was
published as provided in this Code for the service of citation or
notice by publication, shall be filed in the court where the
cause is pending.
(c) When No Newspaper Printed in the County. When no newspaper is
printed in the county, the notice shall be posted and the return
made and filed as required by this Code.
(d) Permissive Notice to Unsecured Creditors. At any time before
an estate administration is closed, the personal representative
may give notice by certified or registered mail, with return
receipt requested, to an unsecured creditor having a claim for
money against the estate expressly stating that the creditor must
present a claim within four months after the date of the receipt
of the notice or the claim is barred, if the claim is not barred
by the general statutes of limitation. The notice must include:
(1) the dates of issuance of letters held by the representative;
(2) the address to which claims may be presented; and
(3) an instruction of the representative's choice that the claim
be addressed in care of:
(A) the representative;
(B) the representative's attorney; or
(C) "Representative, Estate of " (naming the estate).
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1981, 67th Leg., p. 243, ch. 102, Sec. 9, eff. Aug. 31,
1981; Acts 1991, 72nd Leg., ch. 464, Sec. 1, eff. Aug. 26, 1991;
Acts 1995, 74th Leg., ch. 1054, Sec. 2, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 295. NOTICE TO HOLDERS OF SECURED CLAIMS. (a) When notice
required for secured claimants. Within two months after receiving
letters, the personal representative of an estate shall give
notice of the issuance of such letters to each and every person
known to the personal representative to have a claim for money
against the estate of a decedent that is secured by real or
personal property of the estate. Within a reasonable time after
the personal representative obtains actual knowledge of the
existence of a person having a secured claim for money and to
whom notice was not previously given, the personal representative
shall give notice to the person of the issuance of letters.
(b) How notice shall be given. The notice stating the original
grant of letters shall be given by mailing same by certified or
registered mail, with return receipt requested, addressed to the
record holder of such indebtedness or claim at the record
holder's last known post office address.
(c) Proof of service of notice. A copy of each notice required by
Subsection (a) of this section and a copy of the return receipt
and an affidavit of the representative, stating that said notice
was mailed as required by law, giving the name of the person to
whom the notice was mailed, if not shown on the notice or
receipt, shall be filed with the clerk of the court from which
letters were issued.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1987, 70th Leg., ch. 461, Sec. 1, eff. Sept. 1, 1987;
Acts 1991, 72nd Leg., ch. 895, Sec. 13, eff. Sept. 1, 1991; Acts
1993, 73rd Leg., ch. 957, Sec. 46, eff. Sept. 1, 1993; Acts 1995,
74th Leg., ch. 1054, Sec. 3, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 296. ONE NOTICE SUFFICIENT. If the notices required by the
two preceding Sections have been given by a former
representative, or by one where several are acting, that shall be
sufficient, and need not be repeated by any successor or
co-representative.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 297. PENALTY FOR FAILURE TO GIVE NOTICE. If the
representative fails to give the notices required in preceding
Sections, or to cause such notices to be given, the
representative and the sureties on the representative's bond
shall be liable for any damage which any person suffers by reason
of such neglect, unless it appears that such person had notice
otherwise.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1995, 74th Leg., ch. 1054, Sec. 4, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 298. CLAIMS AGAINST ESTATES OF DECEDENTS. (a) Time for
Presentation of Claims. A claim may be presented to the personal
representative at any time before the estate is closed if suit on
the claim has not been barred by the general statutes of
limitation. If a claim of an unsecured creditor for money is not
presented within four months after the date of receipt of the
notice permitted by Section 294(d), the claim is barred.
(b) Claims Barred by Limitation Not to Be Allowed or Approved. No
claims for money against a decedent, or against the estate of the
decedent, on which a suit is barred under Subsection (a) of this
section, Section 313, or Section 317(a) or by a general statute
of limitation applicable thereto shall be allowed by a personal
representative. If allowed by the representative and the court is
satisfied that the claim is barred or that limitation has run,
the claim shall be disapproved.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 2992, ch. 988, Sec. 1, eff. June 15,
1971; Acts 1993, 73rd Leg., ch. 957, Sec. 47, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 1054, Sec. 5, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 299. TOLLING OF GENERAL STATUTES OF LIMITATION. The general
statutes of limitation are tolled on the date:
(1) a claim for money is filed or deposited with the clerk; or
(2) suit is brought against the personal representative of an
estate with respect to a claim of the estate that is not required
to be presented to the personal representative.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1997, 75th Leg., ch. 1302, Sec. 12, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 301. CLAIMS FOR MONEY MUST BE AUTHENTICATED. No personal
representative of a decedent's estate shall allow, and the court
shall not approve, a claim for money against such estate, unless
such claim be supported by an affidavit that the claim is just
and that all legal offsets, payments, and credits known to the
affiant have been allowed. If the claim is not founded on a
written instrument or account, the affidavit shall also state the
facts upon which the claim is founded. A photostatic copy of any
exhibit or voucher necessary to prove a claim may be offered with
and attached to the claim in lieu of the original.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 48, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 1054, Sec. 6, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 302. WHEN DEFECTS OF FORM ARE WAIVED. Any defect of form,
or claim of insufficiency of exhibits or vouchers presented,
shall be deemed waived by the personal representative unless
written objection thereto has been made within thirty days after
presentment of the claim, and filed with the county clerk.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 303. EVIDENCE CONCERNING LOST OR DESTROYED CLAIMS. If
evidence of a claim is lost or destroyed, the claimant or an
authorized representative or agent of the claimant, may make
affidavit to the fact of such loss or destruction, stating the
amount, date, and nature of the claim and when due, and that the
same is just, and that all legal offsets, payments and credits
known to the affiant have been allowed, and that the claimant is
still the owner of the claim; and the claim must be proved by
disinterested testimony taken in open court, or by oral or
written deposition, before the claim is approved. If such claim
is allowed or approved without such affidavit, or if it is
approved without satisfactory proof, such allowance or approval
shall be void.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1995, 74th Leg., ch. 1054, Sec. 7, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 304. AUTHENTICATION OF CLAIM BY OTHERS THAN INDIVIDUAL
OWNERS. An authorized officer or representative of a corporation
or other entity shall make the affidavit required to authenticate
a claim of such corporation or entity. When an affidavit is made
by an officer of a corporation, or by an executor, administrator,
trustee, assignee, agent, representative, or attorney, it shall
be sufficient to state in such affidavit that the person making
it has made diligent inquiry and examination, and that he
believes that the claim is just and that all legal offsets,
payments, and credits made known to the affiant have been
allowed.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 49, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 1054, Sec. 8, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 306. METHOD OF HANDLING SECURED CLAIMS FOR MONEY. (a)
Specifications of Claim. When a secured claim for money against
an estate is presented, the claimant shall specify therein, in
addition to all other matters required to be specified in claims:
(1) Whether it is desired to have the claim allowed and approved
as a matured secured claim to be paid in due course of
administration, in which event it shall be so paid if allowed and
approved; or
(2) Whether it is desired to have the claim allowed, approved,
and fixed as a preferred debt and lien against the specific
property securing the indebtedness and paid according to the
terms of the contract which secured the lien, in which event it
shall be so allowed and approved if it is a valid lien; provided,
however, that the personal representative may pay said claim
prior to maturity if it is for the best interest of the estate to
do so.
(b) Time for Specification of Secured Claim. Within six months
after the date letters are granted, or within four months after
the date notice is received under Section 295 of this code,
whichever is later, the secured creditor may present the
creditor's claim and shall specify whether the claim is to be
allowed and approved under Paragraph (1) or (2) of Subsection (a)
of this section. If a secured claim is not presented within the
time prescribed by this subsection or if the claim is presented
without specifying how the claim is to be paid, it shall be
treated as a claim to be paid in accordance with Paragraph (2) of
Subsection (a) hereof.
(c) Matured Secured Claims. If a claim has been allowed and
approved as a matured secured claim under Paragraph (1) of
Subsection (a) of this section, the claim shall be paid in due
course of administration and the secured creditor is not entitled
to exercise any other remedies in a manner that prevents the
preferential payment of claims and allowances described by
Paragraphs (1) through (3) of Section 320(a) of this code.
(c-1) If a claimant presents a secured claim against an estate
for a debt that would otherwise pass with the property securing
the debt to one or more devisees in accordance with Section
71A(a) of this code and the claim is allowed and approved as a
matured secured claim under Subsection (a)(1) of this section,
the personal representative shall collect from the devisees the
amount of the debt and pay that amount to the claimant in
satisfaction of the claim. Each devisee's share of the debt is
an amount equal to a fraction representing the devisee's
ownership interest in the property, multiplied by the amount of
the debt. If the personal representative is unable to collect
from the devisees an amount sufficient to pay the debt, the
personal representative shall sell the property securing the
debt, subject to Part 5 of this chapter. The personal
representative shall use the sale proceeds to pay the debt and
any expenses associated with the sale and shall distribute the
remaining sale proceeds to each devisee in an amount equal to a
fraction representing the devisee's ownership interest in the
property, multiplied by the amount of the remaining sale
proceeds. If the sale proceeds are insufficient to pay the debt
and any expenses associated with the sale, the difference between
the sum of the amount of the debt and the expenses associated
with the sale and the sale proceeds shall be paid under
Subsection (c) of this section.
(d) Approved Claim as Preferred Lien Against Property. When an
indebtedness has been allowed and approved under Paragraph (2) of
Subsection (a) hereof, no further claim shall be made against
other assets of the estate by reason thereof, but the same
thereafter shall remain a preferred lien against the property
securing same, and the property shall remain security for the
debt in any distribution or sale thereof prior to final maturity
and payment of the debt.
(e) Payment of Maturities on Preferred Debt and Lien Claims. If
property securing a claim allowed, approved, and fixed under
Paragraph (2) of Subsection (a) hereof is not sold or distributed
within six months from the date letters are granted, the
representative of the estate shall promptly pay all maturities
which have accrued on the debt according to the terms thereof,
and shall perform all the terms of any contract securing same. If
the representative defaults in such payment or performance, on
application of the claimholder, the court shall:
(1) require the sale of said property subject to the unmatured
part of such debt and apply the proceeds of the sale to the
liquidation of the maturities;
(2) require the sale of the property free of the lien and apply
the proceeds to the payment of the whole debt; or
(3) authorize foreclosure by the claimholder as provided by
Subsections (f) through (k) of this section.
(f) Foreclosure of Preferred Liens. An application by a
claimholder under Subsection (e) of this section to foreclose the
claimholder's lien or security interest on property securing a
claim that has been allowed, approved, and fixed under Paragraph
(2) of Subsection (a) of this section shall be supported by
affidavit of the claimholder that:
(1) describes the property or part of the property to be sold by
foreclosure;
(2) describes the amounts of the claimholder's outstanding debt;
(3) describes the maturities that have accrued on the debt
according to the terms of the debt;
(4) describes any other debts secured by a mortgage, lien, or
security interest against the property that are known by the
claimholder;
(5) contains a statement that the claimholder has no knowledge of
the existence of any debts secured by the property other than
those described by the application; and
(6) requests permission for the claimholder to foreclose the
claimholder's mortgage, lien, or security interest.
(g) Citation. On the filing of an application, the clerk shall
issue citation by personal service to the personal representative
and to any person described by the application as having other
debts secured by a mortgage, lien, or security interest against
the property and by posting to any other person interested in the
estate. The citation must require the person to appear and show
cause why foreclosure should or should not be permitted.
(h) Setting of Hearing on Application. When an application is
filed, the clerk shall immediately notify the judge. The judge
shall schedule in writing a date for a hearing on the
application. The judge may, by entry on the docket or otherwise,
continue the hearing for a reasonable time to allow an interested
person to obtain an appraisal or other evidence concerning the
fair market value of the property that is the subject of the
application. If the interested person requests an unreasonable
time for a continuance, the person must show good cause for the
continuance.
(i) Hearing. (1) At the hearing, if the court finds that there is
a default in payment or performance under the contract that
secures the payment of the claim, the court shall:
(A) require the sale of the property subject to the unmatured
part of the debt and apply the proceeds of the sale to the
liquidation of the maturities;
(B) require the sale of the property free of the lien and apply
the proceeds to the payment of the whole debt; or
(C) authorize foreclosure by the claimholder as provided by
Subsection (f) of this section.
(2) When the court grants a claimholder the right of foreclosure,
the court shall authorize the claimholder to foreclose the
claimholder's mortgage, lien, or security interest in accordance
with the provisions of the document creating the mortgage, lien,
or security interest or in any other manner allowed by law. In
the discretion of the court and based on the evidence presented
at the hearing, the court may fix a minimum price for the
property to be sold by foreclosure that does not exceed the fair
market value of the property. If the court fixes a minimum price,
the property may not be sold at the foreclosure sale for a lower
price.
(j) Appeal. Any person interested in the estate may appeal an
order issued under Subsection (i)(1)(C) of this section.
(k) Unsuccessful Foreclosure. If a foreclosure sale authorized
under this section is conducted and the property is not sold
because no bid at the sale met the minimum price set by the
court, the claimholder may file another application under
Subsection (f) of this section. The court may, in the court's
discretion, eliminate or modify the minimum price requirement and
grant permission for another foreclosure sale.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1993, 73rd Leg., ch. 957, Sec. 50, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 1054, Sec. 9, eff. Jan. 1, 1996; Acts
1997, 75th Leg., ch. 1302, Sec. 13, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch.
551, Sec. 6, eff. September 1, 2005.
Text of article effective until January 01, 2014
Sec. 307. CLAIMS PROVIDING FOR ATTORNEY'S FEES. If the
instrument evidencing or supporting a claim provides for
attorney's fees, then the claimant may include as a part of the
claim the portion of such fee that he has paid or contracted to
pay to an attorney to prepare, present, and collect such claim.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 308. DEPOSITING CLAIMS WITH CLERK. Claims may also be
presented by depositing same, with vouchers and necessary
exhibits and affidavit attached, with the clerk, who, upon
receiving same, shall advise the representative of the estate, or
the representative's attorney, by letter mailed to the
representative's last known address, of the deposit of same.
Should the representative fail to act on said claim within thirty
days after it is deposited, then it shall be presumed to be
rejected. Failure of the clerk to give notice as required herein
shall not affect the validity of the presentment or the
presumption of rejection because not acted upon within said
thirty day period. The clerk shall enter a deposited claim on the
claim docket.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1995, 74th Leg., ch. 1054, Sec. 10, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 309. MEMORANDUM OF ALLOWANCE OR REJECTION OF CLAIM. When a
duly authenticated claim against an estate is presented to the
representative, or deposited with the clerk as heretofore
provided, the representative shall, within thirty days after the
claim is presented or deposited, endorse thereon, annex thereto,
or file with the clerk a memorandum signed by the representative,
stating the date of presentation or depositing of the claim, and
that the representative allows or rejects it, or what portion
thereof the representative allows or rejects.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1995, 74th Leg., ch. 1054, Sec. 11, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 310. FAILURE TO ENDORSE OR ANNEX MEMORANDUM. The failure of
a representative of an estate to timely allow or reject a claim
under Section 309 of this code shall constitute a rejection of
the claim. If the claim is thereafter established by suit, the
costs shall be taxed against the representative, individually, or
the representative may be removed on the written complaint of any
person interested in the claim, after personal service of
citation, hearing, and proof, as in other cases of removal.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1995, 74th Leg., ch. 1054, Sec. 12, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 311. WHEN CLAIMS ENTERED IN DOCKET. After a claim against
an estate has been presented to and allowed or rejected by the
personal representative, in whole or in part, the claim must be
filed with the county clerk of the proper county. The clerk shall
enter the claim on the claim docket.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 2992, ch. 988, Sec. 2, eff. June 15,
1971; Acts 1993, 73rd Leg., ch. 957, Sec. 51, eff. Sept. 1, 1993;
Acts 1995, 74th Leg., ch. 1054, Sec. 13, eff. Jan. 1, 1996.
Text of article effective until January 01, 2014
Sec. 312. CONTEST OF CLAIMS, ACTION BY COURT, AND APPEALS. (a)
Contest of Claims. Any person interested in an estate may, at any
time before the court has acted upon a claim, appear and object
in writing to the approval of the same, or any part thereof, and
in such case the parties shall be entitled to process for
witnesses, and the court shall hear proof and render judgment as
in ordinary suits.
(b) Court's Action Upon Claims. All claims which have been
allowed and entered upon the claim docket for a period of ten
days shall be acted upon by the court and be either approved in
whole or in part or rejected, and they shall also at the same
time be classified by the court.
(c) Hearing on Claims. Although a claim may be properly
authenticated and allowed, if the court is not satisfied that it
is just, the court shall examine the claimant and the personal
representative under oath, and hear other evidence necessary to
determine the issue. If not then convinced that the claim is
just, the court shall disapprove it.
(d) Order of the Court. When the court has acted u