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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

State Codes and Statutes

Statutes > Texas > Probate-code > 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


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Probate-code > 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