CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY
PROBATE CODE
CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY
Text of article effective until January 01, 2014
Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY. If any
person entitled to a portion of an estate, except a resident
minor without a guardian, shall not demand his portion from the
executor or administrator within six months after an order of
court approving the report of commissioners of partition, or
within six months after the settlement of the final account of an
executor or administrator, as the case may be, the court by
written order shall require the executor or administrator to pay
so much of said portion as is in money to the comptroller; and
such portion as is in other property he shall order the executor
or administrator to sell on such terms as the court thinks best,
and, when the proceeds of such sale are collected, the court
shall order the same to be paid to the comptroller, in all such
cases allowing the executor or administrator reasonable
compensation for his services. A suit to recover proceeds of the
sale is governed by Section 433 of this Code.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1423, Sec. 15.01, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 428. INDISPENSABILITY OF COMPTROLLER AS PARTY. The
comptroller is an indispensable party to any judicial or
administrative proceeding concerning the disposition and handling
of any portion of an estate that is or may be payable to the
comptroller under Section 427 of this Code. Whenever an order
shall be made by the court for an executor or administrator to
pay any funds to the comptroller under Section 427 of this Code,
the clerk of the court in which such order is made shall serve on
the comptroller by personal service of citation a certified copy
of such order within five days after the same has been made.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1423, Sec. 15.02, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 429. PENALTY FOR NEGLECT TO NOTIFY COMPTROLLER . Any clerk
who shall neglect to have served on the comptroller by personal
citation a certified copy of any such order within the time
prescribed by Section 428 of this Code shall be liable in a
penalty of One Hundred Dollars, to be recovered in an action in
the name of the state, after personal service of citation, on the
information of any citizen, one-half of which penalty shall be
paid to the informer and the other one-half to the state.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1423, Sec. 15.03, eff. Sept. 1, 1997.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10
Text of section as amended by Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 11
Without reference to the amendment of this section, this section
was repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Sec. 430. RECEIPT OF COMPTROLLER. Whenever an executor or
administrator pays the comptroller any funds of the estate he
represents, under the preceding provisions of this Code, he shall
take from the comptroller a receipt for such payment, with
official seal attached, and shall file the same with the clerk of
the court ordering such payment; and such receipt shall be
recorded in the judge's probate docket.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1997, 75th Leg., ch. 1423, Sec. 15.04, eff. Sept. 1,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 11, 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. 431. PENALTY FOR FAILURE TO MAKE PAYMENTS TO COMPTROLLER.
When an executor or administrator fails to pay to the comptroller
any funds of an estate which he has been ordered by the court so
to pay, within 30 days after such order has been made, such
executor or administrator shall, after personal service of
citation charging such failure and after proof thereof, be liable
to pay out of his own estate to the comptroller damages thereon
at the rate of five per cent per month for each month, or
fraction thereof, that he fails to make such payment after 30
days from such order, which damages may be recovered in any court
of competent jurisdiction.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1991, 72nd Leg., ch. 153, Sec. 28, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1423, Sec. 15.05, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 432. COMPTROLLER MAY ENFORCE PAYMENT AND COLLECT DAMAGES.
The Comptroller shall have the right in the name of the state to
apply to the court in which the order for payment was made to
enforce the payment of funds which the executor or administrator
has failed to pay to him pursuant to order of court, together
with the payment of any damages that shall have accrued under the
provisions of the preceding section of this code, and the court
shall enforce such payment in like manner as other orders of
payment are required to be enforced. The comptroller shall also
have the right to institute suit in the name of the state against
such executor or administrator, and the sureties on his bond, for
the recovery of the funds so ordered to be paid and such damages
as have accrued. The county attorney or criminal district
attorney of the county, the district attorney of the district, or
the attorney general, at the election of the comptroller and with
the approval of the attorney general, shall represent the
comptroller in all such proceedings, and shall also represent the
interests of the state in all other matters arising under any
provisions of this Code.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1991, 72nd Leg., ch. 153, Sec. 28, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1423, Sec. 15.06, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 433. SUIT FOR THE RECOVERY OF FUNDS PAID TO THE COMPTROLLER.
(a) Mode of Recovery. When funds of an estate have been paid to
the comptroller, any heir, devisee, or legatee of the estate, or
their assigns, or any of them, may recover the portion of such
funds to which he, she, or they are entitled. The person claiming
such funds shall institute suit on or before the fourth
anniversary of the date of the order requiring payment to the
comptroller, by petition filed in the district court of Travis
County, against the comptroller, setting forth the plaintiff's
right to such funds, and the amount claimed by him.
(b) Citation. Upon the filing of such petition, the clerk shall
issue a citation for the comptroller, to be served by personal
service, to appear and represent the interest of the state in
such suit. As the comptroller elects and with the approval of the
attorney general, the attorney general, the county attorney or
criminal district attorney for the county, or the district
attorney for the district shall represent the comptroller.
(c) Procedure. The proceedings in such suit shall be governed by
the rules for other civil suits; and, should the plaintiff
establish his right to the funds claimed, he shall have a
judgment therefor, which shall specify the amount to which he is
entitled; and a certified copy of such judgment shall be
sufficient authority for the comptroller to pay the same.
(d) Costs. The costs of any such suit shall in all cases be
adjudged against the plaintiff, and he may be required to secure
the costs.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1991, 72nd Leg., ch. 153, Sec. 29, eff. Sept. 1, 1991;
Acts 1997, 75th Leg., ch. 1423, Sec. 15.07, eff. Sept. 1, 1997.