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PROBATE CODE

CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION

PART 1. TEMPORARY ADMINISTRATION IN THE INTEREST OF ESTATES OF

DEPENDENTS

Text of article effective until January 01, 2014

Sec. 131A. APPOINTMENT OF TEMPORARY ADMINISTRATORS. (a) If a

county judge determines that the interest of a decedent's estate

requires the immediate appointment of a personal representative,

he shall, by written order, appoint a temporary administrator

with limited powers as the circumstances of the case require. The

duration of the appointment must be specified in the court's

order and may not exceed 180 days unless the appointment is made

permanent as provided by Subsection (j) of this section.

(b) Any person may file with the clerk of the court a written

application for the appointment of a temporary administrator of a

decedent's estate under this section. The application must be

verified and must include the information required by Section 81

of this code if the decedent died testate or Section 82 of this

code if the decedent died intestate and an affidavit that sets

out:

(1) the name, address, and interest of the applicant;

(2) the facts showing an immediate necessity for the appointment

of a temporary administrator;

(3) the requested powers and duties of the temporary

administrator;

(4) a statement that the applicant is entitled to letters of

temporary administration and is not disqualified by law from

serving as a temporary administrator; and

(5) a description of the real and personal property that the

applicant believes to be in the decedent's estate.

(c) An order of appointment must:

(1) designate the appointee as "temporary administrator" of the

decedent's estate for the specified period;

(2) define the powers conferred on the appointee; and

(3) set the amount of bond to be given by the appointee.

(d) Not later than the third business day after the date of the

order, the appointee shall file with the county clerk a bond in

the amount ordered by the court. In this subsection, "business

day" means a day other than a Saturday, Sunday, or holiday

recognized by this state.

(e) Not later than the third day after the date on which an

appointee qualifies, the county clerk shall issue to the

appointee letters of appointment that set forth the powers to be

exercised by the appointee as ordered by the court.

(f) On the date that the county clerk issues letters of

appointment, the county clerk shall post a notice of the

appointment to all interested persons on the courthouse door.

(g) On the date the county clerk issues letters of appointment,

the appointee shall notify the known heirs of the decedent of his

appointment by certified mail, return receipt requested.

(h) A notice required by Subsection (f) or (g) of this section

must state that:

(1) an interested person or an heir may request a hearing to

contest the appointment not later than the 15th day after the

date that the letters of appointment are issued;

(2) if no contest is made within the period specified by the

notice, the appointment will continue for the time specified in

the order of appointment; and

(3) the court may make the appointment permanent.

(i) If an interested person or an heir requests a hearing to

contest the appointment of a temporary administrator, a hearing

shall be held and a determination made not later than the 10th

day after the date the request was made. If a request is not made

on or before the 15th day after the date that the letters of

appointment are issued, the appointment of a temporary

administrator continues for the period specified in the order,

unless made permanent under Subsection (j) of this section.

During the pendency of a contest of the appointment of a

temporary administrator, the temporary appointee shall continue

to act as administrator of the estate to the extent of the powers

conferred by his appointment. If the court sets aside the

appointment, the court may require the temporary administrator to

prepare and file, under oath, a complete exhibit of the condition

of the estate and detail the disposition the temporary

administrator has made of the property of the estate.

(j) At the conclusion of the term of appointment of a temporary

administrator, the court may, by written order, make the

appointment permanent if the permanent appointment is in the

interest of the estate.

Added by Acts 1987, 70th Leg., ch. 460, Sec. 2, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 1035, Sec. 8, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 540, Sec. 2, eff. Sept.

1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

765, Sec. 1, eff. June 17, 2005.

Text of article effective until January 01, 2014

Sec. 132. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR

ADMINISTRATION. (a) Appointment of Temporary Administrator.

Pending a contest relative to the probate of a will or the

granting of letters of administration, the court may appoint a

temporary administrator, with such limited powers as the

circumstances of the case require; and such appointment may

continue in force until the termination of the contest and the

appointment of an executor or administrator with full powers. The

power of appointment in this Subsection is in addition to the

court's power of appointment under Section 131A of this Code.

(b) Additional Powers Relative to Claims. When temporary

administration has been granted pending a will contest, or

pending a contest on an application for letters of

administration, the court may, at any time during the pendency of

the contest, confer upon the temporary administrator all the

power and authority of a permanent administrator with respect to

claims against the estate, and in such case the court and the

temporary administrator shall act in the same manner as in

permanent administration in connection with such matters as the

approval or disapproval of claims, the payment of claims, and the

making of sales of real or personal property for the payment of

claims; provided, however, that in the event such power and

authority is conferred upon a temporary administrator, he shall

be required to give bond in the full amount required of a

permanent administrator. The provisions of this Subsection are

cumulative and shall not be construed to exclude the right of the

court to order a temporary administrator to do any and all of the

things covered by this Subsection in other cases where the doing

of such things shall be necessary or expedient to preserve the

estate pending final determination of the contest.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1987, 70th Leg., ch. 460, Sec. 3, eff. Sept. 1, 1987.

Text of article effective until January 01, 2014

Sec. 133. POWERS OF TEMPORARY ADMINISTRATORS. Temporary

administrators shall have and exercise only such rights and

powers as are specifically expressed in the order of the court

appointing them, and as may be expressed in subsequent orders of

the court. Where a court, by a subsequent order, extends the

rights and powers of a temporary administrator, it may require

additional bond commensurate with such extension. Any acts

performed by temporary administrators that are not so expressly

authorized shall be void.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1993, 73rd Leg., ch. 957, Sec. 25, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 134. ACCOUNTING. At the expiration of a temporary

appointment, the appointee shall file with the clerk of the court

a sworn list of all property of the estate which has come into

his hands, a return of all sales made by him, and a full exhibit

and account of all his acts as such appointee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 135. CLOSING TEMPORARY ADMINISTRATION. The list, return,

exhibit, and account so filed shall be acted upon by the court

and, whenever temporary letters shall expire or cease to be of

effect for any cause, the court shall immediately enter an order

requiring such temporary appointee forthwith to deliver the

estate remaining in his possession to the person or persons

legally entitled to its possession. Upon proof of such delivery,

the appointee shall be discharged and the sureties on his bond

released as to any future liability.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1993, 73rd Leg., ch. 957, Sec. 26, eff. Sept. 1, 1993.

PART 3. SMALL ESTATES

Text of article effective until January 01, 2014

Sec. 137. COLLECTION OF SMALL ESTATES UPON AFFIDAVIT. (a) The

distributees of the estate of a decedent who dies intestate shall

be entitled thereto, to the extent that the assets, exclusive of

homestead and exempt property, exceed the known liabilities of

said estate, exclusive of liabilities secured by homestead and

exempt property, without awaiting the appointment of a personal

representative when:

(1) No petition for the appointment of a personal representative

is pending or has been granted; and

(2) Thirty days have elapsed since the death of the decedent; and

(3) The value of the entire assets of the estate, not including

homestead and exempt property, does not exceed $50,000; and

(4) There is filed with the clerk of the court having

jurisdiction and venue an affidavit sworn to by two disinterested

witnesses, by all such distributees that have legal capacity,

and, if the facts warrant, by the natural guardian or next of kin

of any minor or the guardian of any other incapacitated person

who is also a distributee, which affidavit shall be examined by

the judge of the court having jurisdiction and venue; and

(5) The affidavit shows the existence of the foregoing conditions

and includes a list of all of the known assets and liabilities of

the estate, the names and addresses of the distributees, and the

relevant family history facts concerning heirship that show the

distributees' rights to receive the money or property of the

estate or to have such evidences of money, property, or other

rights of the estate as are found to exist transferred to them as

heirs or assignees; and

(6) The judge, in the judge's discretion, finds that the

affidavit conforms to the terms of this section and approves the

affidavit; and

(7) A copy of the affidavit, certified to by said clerk, is

furnished by the distributees of the estate to the person or

persons owing money to the estate, having custody or possession

of property of the estate, or acting as registrar, fiduciary or

transfer agent of or for evidences of interest, indebtedness,

property, or other right belonging to the estate.

(b) This section does not affect the disposition of property

under the terms of a will or other testamentary document nor,

except as provided by Subsection (c) of this section, does it

transfer title to real property.

(c) Title to a decedent's homestead that is the only real

property in a decedent's estate may be transferred on an

affidavit that meets the requirements of this section. An

affidavit that is used to transfer title to a homestead under

this section must be recorded in the deed records of a county in

which the homestead is located. A bona fide purchaser for value

may rely on a recorded affidavit under this section. A bona fide

purchaser for value without actual or constructive notice of an

heir who is not disclosed in a recorded affidavit under this

section acquires title to a homestead free of the interests of

the undisclosed heir, but the bona fide purchaser remains subject

to any claim a creditor of the decedent has by law. A purchaser

has constructive notice of an heir who is not disclosed in a

recorded affidavit under this section if an affidavit, judgment

of heirship, or title transaction in the chain of title in the

deed records identifies the heir of the decedent who is not

disclosed in the affidavit as an heir of the decedent. An heir

who is not disclosed in a recorded affidavit under this section

may recover from an heir who receives consideration from a

purchaser in a transfer for value of title to a homestead passing

under the affidavit.

(d) If the judge approves the affidavit under this section, the

affidavit is to be recorded as an official public record under

Chapter 194, Local Government Code. If the county has not adopted

a microfilm or microphotographic process under Chapter 194, Local

Government Code, the county clerk shall provide and keep in his

office an appropriate book labeled "Small Estates," with an

accurate index showing the name of the decedent and reference to

land, if any, involved, in which he shall record every such

affidavit so filed, upon being paid his legal recording fee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 4, eff. Aug. 22,

1957; Acts 1969, 61st Leg., p. 1978, ch. 670, Sec. 1, eff. Sept.

1, 1969; Acts 1975, 64th Leg., p. 1402, ch. 543, Sec. 1, eff.

Sept. 1, 1975; Acts 1977, 65th Leg., p. 361, ch. 177, Sec. 1,

eff. May 20, 1977; Acts 1979, 66th Leg., p. 1747, ch. 713, Sec.

14, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4560, ch. 757,

Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 594, Sec.

1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 642, Sec. 3,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1039, Sec. 8, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 540, Sec. 3, eff. Sept.

1, 1997.

Text of article effective until January 01, 2014

Sec. 138. EFFECT OF AFFIDAVIT. The person making payment,

delivery, transfer or issuance pursuant to the affidavit

described in the preceding Section shall be released to the same

extent as if made to a personal representative of the decedent,

and shall not be required to see to the application thereof or to

inquire into the truth of any statement in the affidavit, but the

distributees to whom payment, delivery, transfer, or issuance is

made shall be answerable therefor to any person having a prior

right and be accountable to any personal representative

thereafter appointed. In addition, the person or persons who

execute the affidavit shall be liable for any damage or loss to

any person which arises from any payment, delivery, transfer, or

issuance made in reliance on such affidavit. If the person to

whom such affidavit is delivered refuses to pay, deliver,

transfer, or issue the property as above provided, such property

may be recovered in an action brought for such purpose by or on

behalf of the distributees entitled thereto, upon proof of the

facts required to be stated in the affidavit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1995, 74th Leg., ch. 642, Sec. 4, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 139. APPLICATION FOR ORDER OF NO ADMINISTRATION. If the

value of the entire assets of an estate, not including homestead

and exempt property, does not exceed the amount to which the

surviving spouse and minor children of the decedent are entitled

as a family allowance, there may be filed by or on behalf of the

surviving spouse or minor children an application in any court of

proper venue for administration, or, if an application for the

appointment of a personal representative has been filed but not

yet granted, then in the court where such application has been

filed, requesting the court to make a family allowance and to

enter an order that no administration shall be necessary. The

application shall state the names of the heirs or devisees, a

list of creditors of the estate together with the amounts of the

claims so far as the same are known, and a description of all

real and personal property belonging to the estate, together with

the estimated value thereof according to the best knowledge and

information of the applicant, and the liens and encumbrances

thereon, with a prayer that the court make a family allowance and

that, if the entire assets of the estate, not including homestead

and exempt property, are thereby exhausted, the same be set aside

to the surviving spouse and minor children, as in the case of

other family allowances provided for by this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 140. HEARING AND ORDER UPON THE APPLICATION. Upon the

filing of an application for no administration such as that

provided for in the preceding Section, the court may hear the

same forthwith without notice, or at such time and upon such

notice as the court requires. Upon the hearing of the

application, if the court finds that the facts contained therein

are true and that the expenses of last illness, funeral charges,

and expenses of the proceeding have been paid or secured, the

court shall make a family allowance and, if the entire assets of

the estate, not including homestead and exempt property, are

thereby exhausted, shall order that no administration be had of

the estate and shall assign to the surviving spouse and minor

children the whole of the estate, in the same manner and with the

same effect as provided in this Code for the making of family

allowances to the surviving spouse and minor children.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 141. EFFECT OF ORDER. The order that no administration be

had on the estate shall constitute sufficient legal authority to

all persons owing any money, having custody of any property, or

acting as registrar or transfer agent of any evidence of

interest, indebtedness, property, or right, belonging to the

estate, and to persons purchasing from or otherwise dealing with

the estate, for payment or transfer to the persons described in

the order as entitled to receive the estate without

administration, and the persons so described in the order shall

be entitled to enforce their right to such payment or transfer by

suit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 142. PROCEEDING TO REVOKE ORDER. At any time within one

year after the entry of an order of no administration, and not

thereafter, any interested person may file an application to

revoke the same, alleging that other property has been

discovered, or that property belonging to the estate was not

included in the application for no administration, or that the

property described in the application was incorrectly valued, and

that if said property were added, included, or correctly valued,

as the case may be, the total value of the property would exceed

that necessary to justify the court in ordering no

administration. Upon proof of any of such grounds, the court

shall revoke the order of no administration. In case of any

contest as to the value of any property, the court may appoint

two appraisers to appraise the same in accordance with the

procedure hereinafter provided for inventories and appraisements,

and the appraisement of such appraisers shall be received in

evidence but shall not be conclusive.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 143. SUMMARY PROCEEDINGS FOR SMALL ESTATES AFTER PERSONAL

REPRESENTATIVE APPOINTED. Whenever, after the inventory,

appraisement, and list of claims has been filed by a personal

representative, it is established that the estate of a decedent,

exclusive of the homestead and exempt property and family

allowance to the surviving spouse and minor children, does not

exceed the amount sufficient to pay the claims of Classes One to

Four, inclusive, as claims are hereinafter classified, the

personal representative shall, upon order of the court, pay the

claims in the order provided and to the extent permitted by the

assets of the estate subject to the payment of such claims, and

thereafter present his account with an application for the

settlement and allowance thereof. Thereupon the court, with or

without notice, may adjust, correct, settle, allow or disallow

such account, and, if the account is settled and allowed, may

decree final distribution, discharge the personal representative,

and close the administration.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

PART 4. INDEPENDENT ADMINISTRATION

Text of article effective until January 01, 2014

Sec. 145. INDEPENDENT ADMINISTRATION. (a) Independent

administration of an estate may be created as provided in

Subsections (b) through (e) of this section.

(b) Any person capable of making a will may provide in his will

that no other action shall be had in the county court in relation

to the settlement of his estate than the probating and recording

of his will, and the return of an inventory, appraisement, and

list of claims of his estate.

(c) In situations where an executor is named in a decedent's

will, but the will does not provide for independent

administration of the decedent's estate as provided in Subsection

(b) of this section, all of the distributees of the decedent may

agree on the advisability of having an independent administration

and collectively designate in the application for probate of the

decedent's will the executor named in the will to serve as

independent executor and request in the application that no other

action shall be had in the county court in relation to the

settlement of the decedent's estate other than the probating and

recording of the decedent's will, and the return of an inventory,

appraisement, and list of claims of the decedent's estate. In

such case the county court shall enter an order granting

independent administration and appointing the person, firm, or

corporation designated in the application as independent

executor, unless the county court finds that it would not be in

the best interest of the estate to do so.

(d) In situations where no executor is named in the decedent's

will, or in situations where each executor named in the will is

deceased or is disqualified to serve as executor or indicates by

affidavit filed with the application for administration of the

decedent's estate his inability or unwillingness to serve as

executor, all of the distributees of the decedent may agree on

the advisability of having an independent administration and

collectively designate in the application for probate of the

decedent's will a qualified person, firm, or corporation to serve

as independent administrator and request in the application that

no other action shall be had in the county court in relation to

the settlement of the decedent's estate other than the probating

and recording of the decedent's will, and the return of an

inventory, appraisement, and list of claims of the decedent's

estate. In such case the county court shall enter an order

granting independent administration and appointing the person,

firm, or corporation designated in the application as independent

administrator, unless the county court finds that it would not be

in the best interest of the estate to do so.

(e) All of the distributees of a decedent dying intestate may

agree on the advisability of having an independent administration

and collectively designate in the application for administration

of the decedent's estate a qualified person, firm, or corporation

to serve as independent administrator and request in the

application that no other action shall be had in the county court

in relation to the settlement of the decedent's estate other than

the return of an inventory, appraisement, and list of claims of

the decedent's estate. In such case the county court shall enter

an order granting independent administration and appointing the

person, firm, or corporation designated in the application as

independent administrator, unless the county court finds that it

would not be in the best interest of the estate to do so.

(f) In those cases where an independent administration is sought

under the provisions of Subsections (c) through (e) above, all

distributees shall be served with citation and notice of the

application for independent administration unless the distributee

waives the issuance or service of citation or enters an

appearance in court.

(g) In no case shall any independent administrator be appointed

by any court to serve in any intestate administration until those

parties seeking the appointment of said independent administrator

offer clear and convincing evidence to the court that they

constitute all of the said decedent's heirs.

(h) When an independent administration has been created, and the

order appointing an independent executor has been entered by the

county court, and the inventory, appraisement, and list aforesaid

has been filed by the executor and approved by the county court,

as long as the estate is represented by an independent executor,

further action of any nature shall not be had in the county court

except where this Code specifically and explicitly provides for

some action in the county court.

(i) If a distributee described in Subsections (c) through (e) of

this section is an incapacitated person, the guardian of the

person of the distributee may sign the application on behalf of

the distributee. If the county court finds that either the

granting of independent administration or the appointment of the

person, firm, or corporation designated in the application as

independent executor would not be in the best interests of the

incapacitated person, then, notwithstanding anything to the

contrary in Subsections (c) through (e) of this section, the

county court shall not enter an order granting independent

administration of the estate. If such distributee who is an

incapacitated person has no guardian of the person, the county

court may appoint a guardian ad litem to make application on

behalf of the incapacitated person if the county court considers

such an appointment necessary to protect the interest of the

distributees.

(j) If a trust is created in the decedent's will, the person or

class of persons first eligible to receive the income from the

trust, when determined as if the trust were to be in existence on

the date of the decedent's death, shall, for the purposes of

Subsections (c) and (d) of this section, be deemed to be the

distributee or distributees on behalf of such trust, and any

other trust or trusts coming into existence upon the termination

of such trust, and are authorized to apply for independent

administration on behalf of the trusts without the consent or

agreement of the trustee or any other beneficiary of the trust,

or the trustee or any beneficiary of any other trust which may

come into existence upon the termination of such trust.

(k) If a life estate is created either in the decedent's will or

by law, the life tenant or life tenants, when determined as if

the life estate were to commence on the date of the decedent's

death, shall, for the purposes of Subsections (c) through (e) of

this section, be deemed to be the distributee or distributees on

behalf of the entire estate created, and are authorized to apply

for independent administration on behalf of the estate without

the consent or approval of any remainderman.

(l) If a decedent's will contains a provision that a distributee

must survive the decedent by a prescribed period of time in order

to take under the decedent's will, then, for the purposes of

determining who shall be the distributee under Subsections (c),

(d), (h), and (i) of this section, it shall be presumed that the

distributees living at the time of the filing of the application

for probate of the decedent's will survived the decedent by the

prescribed period.

(m) In the case of all decedents, whether dying testate or

intestate, for the purposes of determining who shall be the

distributees under Subsections (c), (d), (e), (h), and (i) of

this section, it shall be presumed that no distributee living at

the time the application for independent administration is filed

shall subsequently disclaim any portion of such distributee's

interest in the decedent's estate.

(n) If a distributee of a decedent's estate should die and if by

virtue of such distributee's death such distributee's share of

the decedent's estate shall become payable to such distributee's

estate, then the deceased distributee's personal representative

may sign the application for independent administration of the

decedent's estate under Subsections (c), (d), (e), (h), and (i)

of this section.

(o) Notwithstanding anything to the contrary in this section, a

person capable of making a will may provide in his will that no

independent administration of his estate may be allowed. In such

case, his estate, if administered, shall be administered and

settled under the direction of the county court as other estates

are required to be settled.

(p) If an independent administration of a decedent's estate is

created pursuant to Subsections (c), (d), or (e) of this section,

then, unless the county court shall waive bond on application for

waiver, the independent executor shall be required to enter into

bond payable to and to be approved by the judge and his or her

successors in a sum that is found by the judge to be adequate

under all circumstances, or a bond with one surety in a sum that

is found by the judge to be adequate under all circumstances, if

the surety is an authorized corporate surety. This subsection

does not repeal any other section of this Code.

(q) Absent proof of fraud or collusion on the part of a judge, no

judge may be held civilly liable for the commission of misdeeds

or the omission of any required act of any person, firm, or

corporation designated as an independent executor or independent

administrator under Subsections (c), (d), and (e) of the section.

Section 36 of this code does not apply to the appointment of an

independent executor or administrator under Subsection (c), (d),

or (e) of this section.

(r) A person who declines to serve or resigns as independent

executor or administrator of a decedent's estate may be appointed

an executor or administrator of the estate if the estate will be

administered and settled under the direction of the court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2(b); Acts 1977,

65th Leg., p. 1061, ch. 390, Sec. 3, eff. Sept. 1, 1977; Acts

1979, 66th Leg., p. 1750, ch. 713, Sec. 16, eff. Aug. 27, 1979;

Acts 1991, 72nd Leg., ch. 895, Sec. 10, eff. Sept. 1, 1991; Acts

1993, 73rd Leg., ch. 846, Sec. 15, eff. Sept. 1, 1993; Acts 1995,

74th Leg., ch. 1039, Sec. 9, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 146. PAYMENT OF CLAIMS AND DELIVERY OF EXEMPTIONS AND

ALLOWANCES. (a) Duty of the Independent Executor. An independent

executor, in the administration of an estate, independently of

and without application to, or any action in or by the court:

(1) shall give the notices required under Sections 294 and 295;

(2) may give the notice permitted under Section 294(d) and bar a

claim under that subsection;

(3) shall approve, classify, and pay, or reject, claims against

the estate in the same order of priority, classification, and

proration prescribed in this Code; and

(4) shall set aside and deliver to those entitled thereto exempt

property and allowances for support, and allowances in lieu of

exempt property, as prescribed in this Code, to the same extent

and result as if the independent executor's actions had been

accomplished in, and under orders of, the court.

(b) Secured Claims for Money. Within six months after the date

letters are granted or within four months after the date notice

is received under Section 295, whichever is later, a creditor

with a claim for money secured by real or personal property of

the estate must give notice to the independent executor of the

creditor's election to have the creditor's claim approved as a

matured secured claim to be paid in due course of administration.

If the election is not made, the claim is a preferred debt and

lien against the specific property securing the indebtedness and

shall be paid according to the terms of the contract that secured

the lien, and the claim may not be asserted against other assets

of the estate. The independent executor may pay the claim before

the claim matures if paying the claim before maturity is in the

best interest of the estate.

(c) Liability of Independent Executor. An independent executor,

in the administration of an estate, may pay at any time and

without personal liability a claim for money against the estate

to the extent approved and classified by the personal

representative if:

(1) the claim is not barred by limitations; and

(2) at the time of payment, the independent executor reasonably

believes the estate will have sufficient assets to pay all claims

against the estate.

(d) Notice Required of Unsecured Creditor. An unsecured creditor

who has a claim for money against an estate and receives a notice

under Section 294(d) shall give notice to the independent

executor of the nature and amount of the claim not later than the

120th day after the date on which the notice is received or the

claim is barred.

(e) Placement of Notice. Notice required by Subsections (b) and

(d) must be contained in:

(1) a written instrument that is hand-delivered with proof of

receipt or mailed by certified mail, return receipt requested, to

the independent executor or the executor's attorney;

(2) a pleading filed in a lawsuit with respect to the claim; or

(3) a written instrument or pleading filed in the court in which

the administration of the estate is pending.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2(c), eff. Aug. 21,

1957; Acts 1995, 74th Leg., ch. 1054, Sec. 1, eff. Jan. 1, 1996;

Acts 1997, 75th Leg., ch. 1302, Sec. 8, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 147. ENFORCEMENT OF CLAIMS BY SUIT. Any person having a

debt or claim against the estate may enforce the payment of the

same by suit against the independent executor; and, when judgment

is recovered against the independent executor, the execution

shall run against the estate of the decedent in the hands of the

independent executor which is subject to such debt. The

independent executor shall not be required to plead to any suit

brought against him for money until after six months from the

date that an independent administration was created and the order

appointing an independent executor was entered by the county

court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1975, 64th Leg., p. 980, ch. 376, Sec. 1, eff. June 19,

1975; Acts 1977, 65th Leg., p. 1064, ch. 390, Sec. 4, eff. Sept.

1, 1977.

Text of article effective until January 01, 2014

Sec. 148. REQUIRING HEIRS TO GIVE BOND. When an independent

administration is created and the order appointing an independent

executor is entered by the county court, any person having a debt

against such estate may, by written complaint filed in the county

court where such order was entered, cause all distributees of the

estate, heirs at law, and other persons entitled to any portion

of such estate under the will, if any, to be cited by personal

service to appear before such county court and execute a bond for

an amount equal to the amount of the creditor's claim or the full

value of such estate, as shown by the inventory and list of

claims, whichever is the smaller, such bond to be payable to the

judge, and his successors, and to be approved by said judge, and

conditioned that all obligors shall pay all debts that shall be

established against such estate in the manner provided by law.

Upon the return of the citation served, unless such person so

entitled to any portion of the estate, or some of them, or some

other person for them, shall execute such bond to the

satisfaction of the county court, such estate shall thereafter be

administered and settled under the direction of the county court

as other estates are required to be settled. If the bond is

executed and approved, the independent administration shall

proceed. Creditors of the estate may sue on such bond, and shall

be entitled to judgment thereon for the amount of their debt, or

they may have their action against those in possession of the

estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1977, 65th Leg., p. 1064, ch. 390, Sec. 5, eff. Sept. 1,

1977; Acts 1979, 66th Leg., p. 1750, ch. 713, Sec. 17, eff. Aug.

27, 1979.

Text of article effective until January 01, 2014

Sec. 149. REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND. When it

has been provided by will, regularly probated, that an

independent executor appointed by such will shall not be required

to give bond for the management of the estate devised by such

will, the direction shall be observed, unless it be made to

appear at any time that such independent executor is mismanaging

the property, or has betrayed or is about to betray his trust, or

has in some other way become disqualified, in which case, upon

proper proceedings had for that purpose, as in the case of

executors or administrators acting under orders of the court,

such executor may be required to give bond.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 149A. ACCOUNTING. (a) Interested Person May Demand

Accounting. At any time after the expiration of fifteen months

from the date that an independent administration was created and

the order appointing an independent executor was entered by the

county court, any person interested in the estate may demand an

accounting from the independent executor. The independent

executor shall thereupon furnish to the person or persons making

the demand an exhibit in writing, sworn and subscribed by the

independent executor, setting forth in detail:

1. The property belonging to the estate which has come into his

hands as executor.

2. The disposition that has been made of such property.

3. The debts that have been paid.

4. The debts and expenses, if any, still owing by the estate.

5. The property of the estate, if any, still remaining in his

hands.

6. Such other facts as may be necessary to a full and definite

understanding of the exact condition of the estate.

7. Such facts, if any, that show why the administration should

not be closed and the estate distributed.

Any other interested person shall, upon demand, be entitled to a

copy of any exhibit or accounting that has been made by an

independent executor in compliance with this section.

(b) Enforcement of Demand. Should the independent executor not

comply with a demand for an accounting authorized by this section

within sixty days after receipt of the demand, the person making

the demand may compel compliance by an action in the county

court, as that term is defined by Section 3 of this code. After a

hearing, the court shall enter an order requiring the accounting

to be made at such time as it deems proper under the

circumstances.

(c) Subsequent Demands. After an initial accounting has been

given by an independent executor, any person interested in an

estate may demand subsequent periodic accountings at intervals of

not less than twelve months, and such subsequent demands may be

enforced in the same manner as an initial demand.

(d) Remedies Cumulative. The right to an accounting accorded by

this section is cumulative of any other remedies which persons

interested in an estate may have against the independent executor

thereof.

Added by Acts 1971, 62nd Leg., p. 980, ch. 173, Sec. 10, eff.

Jan. 1, 1972. Amended by Acts 1973, 63rd Leg., p. 412, ch. 184,

Sec. 1, eff. May 25, 1973; Acts 1977, 65th Leg., p. 1065, ch.

390, Sec. 6, eff. Sept. 1, 1977; Acts 1999, 76th Leg., ch. 855,

Sec. 3, eff. Sept. 1, 1999.

Text of article effective until January 01, 2014

Sec. 149B. ACCOUNTING AND DISTRIBUTION. (a) In addition to or in

lieu of the right to an accounting provided by Section 149A of

this code, at any time after the expiration of two years from the

date that an independent administration was created and the order

appointing an independent executor was entered, a person

interested in the estate may petition the county court, as that

term is defined by Section 3 of this code, for an accounting and

distribution. The court may order an accounting to be made with

the court by the independent executor at such time as the court

deems proper. The accounting shall include the information that

the court deems necessary to determine whether any part of the

estate should be distributed.

(b) On receipt of the accounting and, after notice to the

independent executor and a hearing, unless the court finds a

continued necessity for administration of the estate, the court

shall order its distribution by the independent executor to the

persons entitled to the property. If the court finds there is a

continued necessity for administration of the estate, the court

shall order the distribution of any portion of the estate that

the court finds should not be subject to further administration

by the independent executor. If any portion of the estate that is

ordered to be distributed is incapable of distribution without

prior partition or sale, the court shall order partition and

distribution, or sale, in the manner provided for the partition

and distribution of property incapable of division in estates

administered under the direction of the county court.

(c) If all the property in the estate is ordered distributed by

the executor and the estate is fully administered, the court also

may order the independent executor to file a final account with

the court and may enter an order closing the administration and

terminating the power of the independent executor to act as

executor.

Added by Acts 1979, 66th Leg., p. 1751, ch. 713, Sec. 18, eff.

Aug. 27, 1979. Amended by Acts 1985, 69th Leg., ch. 882, Sec. 1,

eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 760, Sec. 1, eff.

Aug. 31, 1987; Acts 1987, 70th Leg., ch. 565, Sec. 1, eff. June

18, 1987; Acts 1999, 76th Leg., ch; 855, Sec. 4, eff; Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149C. REMOVAL OF INDEPENDENT EXECUTOR. (a) The county

court, as that term is defined by Section 3 of this code, on its

own motion or on motion of any interested person, after the

independent executor has been cited by personal service to answer

at a time and place fixed in the notice, may remove an

independent executor when:

(1) the independent executor fails to return within ninety days

after qualification, unless such time is extended by order of the

court, an inventory of the property of the estate and list of

claims that have come to the independent executor's knowledge;

(2) sufficient grounds appear to support belief that the

independent executor has misapplied or embezzled, or that the

independent executor is about to misapply or embezzle, all or any

part of the property committed to the independent executor's

care;

(3) the independent executor fails to make an accounting which

is required by law to be made;

(4) the independent executor fails to timely file the affidavit

or certificate required by Section 128A of this code;

(5) the independent executor is proved to have been guilty of

gross misconduct or gross mismanagement in the performance of the

independent executor's duties; or

(6) the independent executor becomes an incapacitated person, or

is sentenced to the penitentiary, or from any other cause becomes

legally incapacitated from properly performing the independent

executor's fiduciary duties.

(b) The order of removal shall state the cause of removal and

shall direct by order the disposition of the assets remaining in

the name or under the control of the removed executor. The order

of removal shall require that letters issued to the removed

executor shall be surrendered and that all letters shall be

canceled of record. If an independent executor is removed by the

court under this section, the court may, on application, appoint

a successor independent executor as provided by Section 154A of

this code.

(c) An independent executor who defends an action for his removal

in good faith, whether successful or not, shall be allowed out of

the estate his necessary expenses and disbursements, including

reasonable attorney's fees, in the removal proceedings.

(d) Costs and expenses incurred by the party seeking removal

incident to removal of an independent executor appointed without

bond, including reasonable attorney's fees and expenses, may be

paid out of the estate.

Added by Acts 1979, 66th Leg., p. 1751, ch. 713, Sec. 19, eff.

Aug. 27, 1979. Amended by Acts 1987, 70th Leg., ch. 719, Sec. 1,

eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 1035, Sec. 10, eff;

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 1039, Sec. 10, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 855, Sec. 5, eff; Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

801, Sec. 3, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 149D. DISTRIBUTION OF REMAINING ESTATE PENDING JUDICIAL

DISCHARGE. (a) On or before filing an action under Section 149E

of this code, the independent executor must distribute to the

beneficiaries of the estate any of the remaining assets or

property of the estate that remains in the hands of the

independent executor after all of the estate's debts have been

paid, except for a reasonable reserve of assets that the

independent executor may retain in a fiduciary capacity pending

court approval of the final account.

(b) The court may review the amount of assets on reserve and may

order the independent executor to make further distributions

under this section.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149E. JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR. (a) After

an estate has been administered and if there is no further need

for an independent administration of the estate, the independent

executor of the estate may file an action for declaratory

judgment under Chapter 37, Civil Practice and Remedies Code,

seeking to discharge the independent executor from any liability

involving matters relating to the past administration of the

estate that have been fully and fairly disclosed.

(b) On the filing of an action under this section, each

beneficiary of the estate shall be personally served with

citation, except for a beneficiary who has waived the issuance

and service of citation.

(c) In a proceeding under this section, the court may require the

independent executor to file a final account that includes any

information the court considers necessary to adjudicate the

independent executor's request for a discharge of liability. The

court may audit, settle, or approve a final account filed under

this subsection.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149F. COURT COSTS AND OTHER CHARGES RELATED TO FINAL ACCOUNT

IN JUDICIAL DISCHARGE. (a) Except as ordered by the court, the

independent executor is entitled to pay from the estate legal

fees, expenses, or other costs of a proceeding incurred in

relation to a final account required under Section 149E of this

code.

(b) The independent executor shall be personally liable to refund

any amount not approved by the court as a proper charge against

the estate.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149G. RIGHTS AND REMEDIES CUMULATIVE. The rights and

remedies conferred by Sections 149D, 149E, and 149F of this code

are cumulative of other rights and remedies to which a person

interested in the estate may be entitled under law.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 150. PARTITION AND DISTRIBUTION OR SALE OF PROPERTY

INCAPABLE OF DIVISION. If the will does not distribute the

entire estate of the testator, or provide a means for partition

of said estate, or if no will was probated, the independent

executor may file his final account in the county court in which

the will was probated, or if no will was probated, in the county

court in which the order appointing the independent executor was

entered, and ask for either partition and distribution of the

estate or an order of sale of any portion of the estate alleged

by the independent executor and found by the court to be

incapable of a fair and equal partition and distribution, or

both; and the same either shall be partitioned and distributed or

shall be sold, or both, in the manner provided for the partition

and distribution of property and the sale of property incapable

of division in estates administered under the direction of the

county court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1977, 65th Leg., p. 1065, ch. 390, Sec. 7, eff. Sept. 1,

1977; Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 20, eff. Aug.

27, 1979.

Text of article effective until January 01, 2014

Sec. 151. CLOSING INDEPENDENT ADMINISTRATION BY AFFIDAVIT. (a)

Filing of Affidavit. When all of the debts known to exist against

the estate have been paid, or when they have been paid so far as

the assets in the hands of the independent executor will permit,

when there is no pending litigation, and when the independent

executor has distributed to the persons entitled thereto all

assets of the estate, if any, remaining after payment of debts,

the independent executor may file with the court:

(1) a closing report verified by affidavit that shows:

(i) The property of the estate which came into the hands of the

independent executor;

(ii) The debts that have been paid;

(iii) The debts, if any, still owing by the estate;

(iv) The property of the estate, if any, remaining on hand after

payment of debts; and

(v) The names and residences of the persons to whom the property

of the estate, if any, remaining on hand after payment of debts

has been distributed; and

(2) signed receipts or other proof of delivery of property to the

distributees named in the closing report if the closing report

reflects that there was property remaining on hand after payment

of debts.

(b) Effect of Filing the Affidavit. (1) The filing of such an

affidavit and proof of delivery, if required, shall terminate the

independent administration and the power and authority of the

independent executor, but shall not relieve the independent

executor from liability for any mismanagement of the estate or

from liability for any false statements contained in the

affidavit. When such an affidavit has been filed, persons dealing

with properties of the estate, or with claims against the estate,

shall deal directly with the distributees of the estate; and the

acts of such distributees with respect to such properties or

claims shall in all ways be valid and binding as regards the

persons with whom they deal, notwithstanding any false statements

made by the independent executor in such affidavit.

(2) If the independent executor is required to give bond, the

independent executor's filing of the affidavit and proof of

delivery, if required, automatically releases the sureties on the

bond from all liability for the future acts of the principal.

(c) Authority to Transfer Property of a Decedent After Filing the

Affidavit. An independent executor's affidavit closing the

independent administration shall constitute sufficient legal

authority to all persons owing any money, having custody of any

property, or acting as registrar or transfer agent or trustee of

any evidence of interest, indebtedness, property, or right that

belongs to the estate, for payment or transfer without additional

administration to the persons described in the will as entitled

to receive the particular asset or who as heirs at law are

entitled to receive the asset. The persons described in the will

as entitled to receive the particular asset or the heirs at law

entitled to receive the asset may enforce their right to the

payment or transfer by suit.

(d) Delivery Subject to Receipt or Proof of Delivery. An

independent executor may not be required to deliver tangible or

intangible personal property to a distributee unless the

independent executor shall receive, at or before the time of

delivery of the property, a signed receipt or other proof of

delivery of the property to the distributee. An independent

executor shall not require a waiver or release from the

distributee as a condition of delivery of property to a

distributee.

(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 301, Sec. 7(1),

eff. September 1, 2007.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 21, eff. Aug. 27,

1979; Acts 1991, 72nd Leg., ch. 895, Sec. 11, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 642, Sec. 5, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

301, Sec. 7(1), eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 152. CLOSING INDEPENDENT ADMINISTRATION UPON APPLICATION BY

DISTRIBUTEE. (a) At any time after an estate has been fully

administered and there is no further need for an independent

administration of such estate, any distributee may file an

application to close the administration; and, after citation upon

the independent executor, and upon hearing, the court may enter

an order:

(1) requiring the independent executor to file a verified report

meeting the requirements of Section 151(a) of this code;

(2) closing the administration;

(3) terminating the power of the independent executor to act as

such; and

(4) releasing the sureties on any bond the independent executor

was required to give from all liability for the future acts of

the principal.

(b) The order of the court closing the independent administration

shall constitute sufficient legal authority to all persons owing

any money, having custody of any property, or acting as registrar

or transfer agent or trustee of any evidence of interest,

indebtedness, property, or right that belongs to the estate, for

payment or transfer without additional administration to the

persons described in the will as entitled to receive the

particular asset or who as heirs at law are entitled to receive

the asset. The persons described in the will as entitled to

receive the particular asset or the heirs at law entitled to

receive the asset may enforce their right to the payment or

transfer by suit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 22, eff. Aug. 27,

1979; Acts 1991, 72nd Leg., ch. 895, Sec. 12, eff. Sept. 1, 1991.

Text of article effective until January 01, 2014

Sec. 153. ISSUANCE OF LETTERS. At any time before the authority

of an independent executor has been terminated in the manner set

forth in the preceding Sections, the clerk shall issue such

number of letters testamentary as the independent executor shall

request.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 154. POWERS OF AN ADMINISTRATOR WHO SUCCEEDS AN INDEPENDENT

EXECUTOR. (a) Grant of Powers by Court. Whenever a person has

died, or shall die, testate, owning property in Texas, and such

person's will has been or shall be admitted to probate by the

proper court, and such probated will names an independent

executor or executors, or trustees acting in the capacity of

independent executors, to execute the terms and provisions of

said will, and such will grants to such independent executor, or

executors, or trustees acting in the capacity of independent

executors, the power to raise or borrow money and to mortgage,

and such independent executor, or executors, or trustees, have

died or shall die, resign, fail to qualify, or be removed from

office, leaving unexecuted parts or portions of the will of the

testator, and an administrator with the will annexed is appointed

by the court having jurisdiction of the estate, and an

administrator's bond is filed and approved by the court, then in

all such cases, the court may, in addition to the powers

conferred upon such administrator under other provisions of the

laws of Texas, authorize, direct, and empower such administrator

to do and perform the acts and deeds, clothed with the rights,

powers, authorities, and privileges, and subject to the

limitations, set forth in the subsequent portions of this

Section.

(b) Power to Borrow Money and Mortgage or Pledge Property. The

court, upon application, citation, and hearing, may, by its

order, authorize, direct, and empower such administrator to raise

or borrow such sums of money and incur such obligations and debts

as the court shall, in its said order, direct, and to renew and

extend same from time to time, as the court, upon application and

order, shall provide; and, if authorized by the court's order, to

secure such loans, obligations, and debts, by pledge or mortgage

upon property or assets of the estate, real, personal, or mixed,

upon such terms and conditions, and for such duration of time, as

the court shall deem to be to the best interest of the estate,

and by its order shall prescribe; and all such loans,

obligations, debts, pledges, and mortgages shall be valid and

enforceable against the estate and against such administrator in

his official capacity.

(c) Powers Limited to Those Granted by the Will. The court may

order and authorize such administrator to have and exercise the

powers and privileges set forth in the preceding Subsections

hereof only to the extent that same are granted to or possessed

by the independent executor, or executors, or trustees acting in

the capacity of independent executors, under the terms of the

probated will of such deceased person, and then only in such

cases as it appears, at the hearing of the application, that at

the time of the appointment of such administrator, there are

outstanding and unpaid obligations and debts of the estate, or of

the independent executor, or executors, or trustees, chargeable

against the estate, or unpaid expenses of administration, or when

the court appointing such administrator orders the business of

such estate to be carried on and it becomes necessary, from time

to time, under orders of the court, for such administrator to

borrow money and incur obligations and indebtedness in order to

protect and preserve the estate.

(d) Powers Other Than Those Relating to Borrowing Money and

Mortgaging or Pledging Property. The court, in addition, may,

upon application, citation, and hearing, order, authorize and

empower such administrator to assume, exercise, and discharge,

under the orders and directions of said court, made from time to

time, all or such part of the rights, powers, and authorities

vested in and delegated to, or possessed by, the independent

executor, or executors, or trustees acting in the capacity of

independent executors, under the terms of the will of such

deceased person, as the court finds to be to the best interest of

the estate and shall, from time to time, order and direct.

(e) Application for Grant of Powers. The granting to such

administrator by the court of some, or all, of the powers and

authorities set forth in this Section shall be upon application

filed by such administrator with the county clerk, setting forth

such facts as, in the judgment of

State Codes and Statutes

Statutes > Texas > Probate-code > Chapter-vi-special-types-of-administration

PROBATE CODE

CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION

PART 1. TEMPORARY ADMINISTRATION IN THE INTEREST OF ESTATES OF

DEPENDENTS

Text of article effective until January 01, 2014

Sec. 131A. APPOINTMENT OF TEMPORARY ADMINISTRATORS. (a) If a

county judge determines that the interest of a decedent's estate

requires the immediate appointment of a personal representative,

he shall, by written order, appoint a temporary administrator

with limited powers as the circumstances of the case require. The

duration of the appointment must be specified in the court's

order and may not exceed 180 days unless the appointment is made

permanent as provided by Subsection (j) of this section.

(b) Any person may file with the clerk of the court a written

application for the appointment of a temporary administrator of a

decedent's estate under this section. The application must be

verified and must include the information required by Section 81

of this code if the decedent died testate or Section 82 of this

code if the decedent died intestate and an affidavit that sets

out:

(1) the name, address, and interest of the applicant;

(2) the facts showing an immediate necessity for the appointment

of a temporary administrator;

(3) the requested powers and duties of the temporary

administrator;

(4) a statement that the applicant is entitled to letters of

temporary administration and is not disqualified by law from

serving as a temporary administrator; and

(5) a description of the real and personal property that the

applicant believes to be in the decedent's estate.

(c) An order of appointment must:

(1) designate the appointee as "temporary administrator" of the

decedent's estate for the specified period;

(2) define the powers conferred on the appointee; and

(3) set the amount of bond to be given by the appointee.

(d) Not later than the third business day after the date of the

order, the appointee shall file with the county clerk a bond in

the amount ordered by the court. In this subsection, "business

day" means a day other than a Saturday, Sunday, or holiday

recognized by this state.

(e) Not later than the third day after the date on which an

appointee qualifies, the county clerk shall issue to the

appointee letters of appointment that set forth the powers to be

exercised by the appointee as ordered by the court.

(f) On the date that the county clerk issues letters of

appointment, the county clerk shall post a notice of the

appointment to all interested persons on the courthouse door.

(g) On the date the county clerk issues letters of appointment,

the appointee shall notify the known heirs of the decedent of his

appointment by certified mail, return receipt requested.

(h) A notice required by Subsection (f) or (g) of this section

must state that:

(1) an interested person or an heir may request a hearing to

contest the appointment not later than the 15th day after the

date that the letters of appointment are issued;

(2) if no contest is made within the period specified by the

notice, the appointment will continue for the time specified in

the order of appointment; and

(3) the court may make the appointment permanent.

(i) If an interested person or an heir requests a hearing to

contest the appointment of a temporary administrator, a hearing

shall be held and a determination made not later than the 10th

day after the date the request was made. If a request is not made

on or before the 15th day after the date that the letters of

appointment are issued, the appointment of a temporary

administrator continues for the period specified in the order,

unless made permanent under Subsection (j) of this section.

During the pendency of a contest of the appointment of a

temporary administrator, the temporary appointee shall continue

to act as administrator of the estate to the extent of the powers

conferred by his appointment. If the court sets aside the

appointment, the court may require the temporary administrator to

prepare and file, under oath, a complete exhibit of the condition

of the estate and detail the disposition the temporary

administrator has made of the property of the estate.

(j) At the conclusion of the term of appointment of a temporary

administrator, the court may, by written order, make the

appointment permanent if the permanent appointment is in the

interest of the estate.

Added by Acts 1987, 70th Leg., ch. 460, Sec. 2, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 1035, Sec. 8, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 540, Sec. 2, eff. Sept.

1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

765, Sec. 1, eff. June 17, 2005.

Text of article effective until January 01, 2014

Sec. 132. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR

ADMINISTRATION. (a) Appointment of Temporary Administrator.

Pending a contest relative to the probate of a will or the

granting of letters of administration, the court may appoint a

temporary administrator, with such limited powers as the

circumstances of the case require; and such appointment may

continue in force until the termination of the contest and the

appointment of an executor or administrator with full powers. The

power of appointment in this Subsection is in addition to the

court's power of appointment under Section 131A of this Code.

(b) Additional Powers Relative to Claims. When temporary

administration has been granted pending a will contest, or

pending a contest on an application for letters of

administration, the court may, at any time during the pendency of

the contest, confer upon the temporary administrator all the

power and authority of a permanent administrator with respect to

claims against the estate, and in such case the court and the

temporary administrator shall act in the same manner as in

permanent administration in connection with such matters as the

approval or disapproval of claims, the payment of claims, and the

making of sales of real or personal property for the payment of

claims; provided, however, that in the event such power and

authority is conferred upon a temporary administrator, he shall

be required to give bond in the full amount required of a

permanent administrator. The provisions of this Subsection are

cumulative and shall not be construed to exclude the right of the

court to order a temporary administrator to do any and all of the

things covered by this Subsection in other cases where the doing

of such things shall be necessary or expedient to preserve the

estate pending final determination of the contest.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1987, 70th Leg., ch. 460, Sec. 3, eff. Sept. 1, 1987.

Text of article effective until January 01, 2014

Sec. 133. POWERS OF TEMPORARY ADMINISTRATORS. Temporary

administrators shall have and exercise only such rights and

powers as are specifically expressed in the order of the court

appointing them, and as may be expressed in subsequent orders of

the court. Where a court, by a subsequent order, extends the

rights and powers of a temporary administrator, it may require

additional bond commensurate with such extension. Any acts

performed by temporary administrators that are not so expressly

authorized shall be void.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1993, 73rd Leg., ch. 957, Sec. 25, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 134. ACCOUNTING. At the expiration of a temporary

appointment, the appointee shall file with the clerk of the court

a sworn list of all property of the estate which has come into

his hands, a return of all sales made by him, and a full exhibit

and account of all his acts as such appointee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 135. CLOSING TEMPORARY ADMINISTRATION. The list, return,

exhibit, and account so filed shall be acted upon by the court

and, whenever temporary letters shall expire or cease to be of

effect for any cause, the court shall immediately enter an order

requiring such temporary appointee forthwith to deliver the

estate remaining in his possession to the person or persons

legally entitled to its possession. Upon proof of such delivery,

the appointee shall be discharged and the sureties on his bond

released as to any future liability.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1993, 73rd Leg., ch. 957, Sec. 26, eff. Sept. 1, 1993.

PART 3. SMALL ESTATES

Text of article effective until January 01, 2014

Sec. 137. COLLECTION OF SMALL ESTATES UPON AFFIDAVIT. (a) The

distributees of the estate of a decedent who dies intestate shall

be entitled thereto, to the extent that the assets, exclusive of

homestead and exempt property, exceed the known liabilities of

said estate, exclusive of liabilities secured by homestead and

exempt property, without awaiting the appointment of a personal

representative when:

(1) No petition for the appointment of a personal representative

is pending or has been granted; and

(2) Thirty days have elapsed since the death of the decedent; and

(3) The value of the entire assets of the estate, not including

homestead and exempt property, does not exceed $50,000; and

(4) There is filed with the clerk of the court having

jurisdiction and venue an affidavit sworn to by two disinterested

witnesses, by all such distributees that have legal capacity,

and, if the facts warrant, by the natural guardian or next of kin

of any minor or the guardian of any other incapacitated person

who is also a distributee, which affidavit shall be examined by

the judge of the court having jurisdiction and venue; and

(5) The affidavit shows the existence of the foregoing conditions

and includes a list of all of the known assets and liabilities of

the estate, the names and addresses of the distributees, and the

relevant family history facts concerning heirship that show the

distributees' rights to receive the money or property of the

estate or to have such evidences of money, property, or other

rights of the estate as are found to exist transferred to them as

heirs or assignees; and

(6) The judge, in the judge's discretion, finds that the

affidavit conforms to the terms of this section and approves the

affidavit; and

(7) A copy of the affidavit, certified to by said clerk, is

furnished by the distributees of the estate to the person or

persons owing money to the estate, having custody or possession

of property of the estate, or acting as registrar, fiduciary or

transfer agent of or for evidences of interest, indebtedness,

property, or other right belonging to the estate.

(b) This section does not affect the disposition of property

under the terms of a will or other testamentary document nor,

except as provided by Subsection (c) of this section, does it

transfer title to real property.

(c) Title to a decedent's homestead that is the only real

property in a decedent's estate may be transferred on an

affidavit that meets the requirements of this section. An

affidavit that is used to transfer title to a homestead under

this section must be recorded in the deed records of a county in

which the homestead is located. A bona fide purchaser for value

may rely on a recorded affidavit under this section. A bona fide

purchaser for value without actual or constructive notice of an

heir who is not disclosed in a recorded affidavit under this

section acquires title to a homestead free of the interests of

the undisclosed heir, but the bona fide purchaser remains subject

to any claim a creditor of the decedent has by law. A purchaser

has constructive notice of an heir who is not disclosed in a

recorded affidavit under this section if an affidavit, judgment

of heirship, or title transaction in the chain of title in the

deed records identifies the heir of the decedent who is not

disclosed in the affidavit as an heir of the decedent. An heir

who is not disclosed in a recorded affidavit under this section

may recover from an heir who receives consideration from a

purchaser in a transfer for value of title to a homestead passing

under the affidavit.

(d) If the judge approves the affidavit under this section, the

affidavit is to be recorded as an official public record under

Chapter 194, Local Government Code. If the county has not adopted

a microfilm or microphotographic process under Chapter 194, Local

Government Code, the county clerk shall provide and keep in his

office an appropriate book labeled "Small Estates," with an

accurate index showing the name of the decedent and reference to

land, if any, involved, in which he shall record every such

affidavit so filed, upon being paid his legal recording fee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 4, eff. Aug. 22,

1957; Acts 1969, 61st Leg., p. 1978, ch. 670, Sec. 1, eff. Sept.

1, 1969; Acts 1975, 64th Leg., p. 1402, ch. 543, Sec. 1, eff.

Sept. 1, 1975; Acts 1977, 65th Leg., p. 361, ch. 177, Sec. 1,

eff. May 20, 1977; Acts 1979, 66th Leg., p. 1747, ch. 713, Sec.

14, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4560, ch. 757,

Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 594, Sec.

1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 642, Sec. 3,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1039, Sec. 8, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 540, Sec. 3, eff. Sept.

1, 1997.

Text of article effective until January 01, 2014

Sec. 138. EFFECT OF AFFIDAVIT. The person making payment,

delivery, transfer or issuance pursuant to the affidavit

described in the preceding Section shall be released to the same

extent as if made to a personal representative of the decedent,

and shall not be required to see to the application thereof or to

inquire into the truth of any statement in the affidavit, but the

distributees to whom payment, delivery, transfer, or issuance is

made shall be answerable therefor to any person having a prior

right and be accountable to any personal representative

thereafter appointed. In addition, the person or persons who

execute the affidavit shall be liable for any damage or loss to

any person which arises from any payment, delivery, transfer, or

issuance made in reliance on such affidavit. If the person to

whom such affidavit is delivered refuses to pay, deliver,

transfer, or issue the property as above provided, such property

may be recovered in an action brought for such purpose by or on

behalf of the distributees entitled thereto, upon proof of the

facts required to be stated in the affidavit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1995, 74th Leg., ch. 642, Sec. 4, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 139. APPLICATION FOR ORDER OF NO ADMINISTRATION. If the

value of the entire assets of an estate, not including homestead

and exempt property, does not exceed the amount to which the

surviving spouse and minor children of the decedent are entitled

as a family allowance, there may be filed by or on behalf of the

surviving spouse or minor children an application in any court of

proper venue for administration, or, if an application for the

appointment of a personal representative has been filed but not

yet granted, then in the court where such application has been

filed, requesting the court to make a family allowance and to

enter an order that no administration shall be necessary. The

application shall state the names of the heirs or devisees, a

list of creditors of the estate together with the amounts of the

claims so far as the same are known, and a description of all

real and personal property belonging to the estate, together with

the estimated value thereof according to the best knowledge and

information of the applicant, and the liens and encumbrances

thereon, with a prayer that the court make a family allowance and

that, if the entire assets of the estate, not including homestead

and exempt property, are thereby exhausted, the same be set aside

to the surviving spouse and minor children, as in the case of

other family allowances provided for by this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 140. HEARING AND ORDER UPON THE APPLICATION. Upon the

filing of an application for no administration such as that

provided for in the preceding Section, the court may hear the

same forthwith without notice, or at such time and upon such

notice as the court requires. Upon the hearing of the

application, if the court finds that the facts contained therein

are true and that the expenses of last illness, funeral charges,

and expenses of the proceeding have been paid or secured, the

court shall make a family allowance and, if the entire assets of

the estate, not including homestead and exempt property, are

thereby exhausted, shall order that no administration be had of

the estate and shall assign to the surviving spouse and minor

children the whole of the estate, in the same manner and with the

same effect as provided in this Code for the making of family

allowances to the surviving spouse and minor children.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 141. EFFECT OF ORDER. The order that no administration be

had on the estate shall constitute sufficient legal authority to

all persons owing any money, having custody of any property, or

acting as registrar or transfer agent of any evidence of

interest, indebtedness, property, or right, belonging to the

estate, and to persons purchasing from or otherwise dealing with

the estate, for payment or transfer to the persons described in

the order as entitled to receive the estate without

administration, and the persons so described in the order shall

be entitled to enforce their right to such payment or transfer by

suit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 142. PROCEEDING TO REVOKE ORDER. At any time within one

year after the entry of an order of no administration, and not

thereafter, any interested person may file an application to

revoke the same, alleging that other property has been

discovered, or that property belonging to the estate was not

included in the application for no administration, or that the

property described in the application was incorrectly valued, and

that if said property were added, included, or correctly valued,

as the case may be, the total value of the property would exceed

that necessary to justify the court in ordering no

administration. Upon proof of any of such grounds, the court

shall revoke the order of no administration. In case of any

contest as to the value of any property, the court may appoint

two appraisers to appraise the same in accordance with the

procedure hereinafter provided for inventories and appraisements,

and the appraisement of such appraisers shall be received in

evidence but shall not be conclusive.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 143. SUMMARY PROCEEDINGS FOR SMALL ESTATES AFTER PERSONAL

REPRESENTATIVE APPOINTED. Whenever, after the inventory,

appraisement, and list of claims has been filed by a personal

representative, it is established that the estate of a decedent,

exclusive of the homestead and exempt property and family

allowance to the surviving spouse and minor children, does not

exceed the amount sufficient to pay the claims of Classes One to

Four, inclusive, as claims are hereinafter classified, the

personal representative shall, upon order of the court, pay the

claims in the order provided and to the extent permitted by the

assets of the estate subject to the payment of such claims, and

thereafter present his account with an application for the

settlement and allowance thereof. Thereupon the court, with or

without notice, may adjust, correct, settle, allow or disallow

such account, and, if the account is settled and allowed, may

decree final distribution, discharge the personal representative,

and close the administration.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

PART 4. INDEPENDENT ADMINISTRATION

Text of article effective until January 01, 2014

Sec. 145. INDEPENDENT ADMINISTRATION. (a) Independent

administration of an estate may be created as provided in

Subsections (b) through (e) of this section.

(b) Any person capable of making a will may provide in his will

that no other action shall be had in the county court in relation

to the settlement of his estate than the probating and recording

of his will, and the return of an inventory, appraisement, and

list of claims of his estate.

(c) In situations where an executor is named in a decedent's

will, but the will does not provide for independent

administration of the decedent's estate as provided in Subsection

(b) of this section, all of the distributees of the decedent may

agree on the advisability of having an independent administration

and collectively designate in the application for probate of the

decedent's will the executor named in the will to serve as

independent executor and request in the application that no other

action shall be had in the county court in relation to the

settlement of the decedent's estate other than the probating and

recording of the decedent's will, and the return of an inventory,

appraisement, and list of claims of the decedent's estate. In

such case the county court shall enter an order granting

independent administration and appointing the person, firm, or

corporation designated in the application as independent

executor, unless the county court finds that it would not be in

the best interest of the estate to do so.

(d) In situations where no executor is named in the decedent's

will, or in situations where each executor named in the will is

deceased or is disqualified to serve as executor or indicates by

affidavit filed with the application for administration of the

decedent's estate his inability or unwillingness to serve as

executor, all of the distributees of the decedent may agree on

the advisability of having an independent administration and

collectively designate in the application for probate of the

decedent's will a qualified person, firm, or corporation to serve

as independent administrator and request in the application that

no other action shall be had in the county court in relation to

the settlement of the decedent's estate other than the probating

and recording of the decedent's will, and the return of an

inventory, appraisement, and list of claims of the decedent's

estate. In such case the county court shall enter an order

granting independent administration and appointing the person,

firm, or corporation designated in the application as independent

administrator, unless the county court finds that it would not be

in the best interest of the estate to do so.

(e) All of the distributees of a decedent dying intestate may

agree on the advisability of having an independent administration

and collectively designate in the application for administration

of the decedent's estate a qualified person, firm, or corporation

to serve as independent administrator and request in the

application that no other action shall be had in the county court

in relation to the settlement of the decedent's estate other than

the return of an inventory, appraisement, and list of claims of

the decedent's estate. In such case the county court shall enter

an order granting independent administration and appointing the

person, firm, or corporation designated in the application as

independent administrator, unless the county court finds that it

would not be in the best interest of the estate to do so.

(f) In those cases where an independent administration is sought

under the provisions of Subsections (c) through (e) above, all

distributees shall be served with citation and notice of the

application for independent administration unless the distributee

waives the issuance or service of citation or enters an

appearance in court.

(g) In no case shall any independent administrator be appointed

by any court to serve in any intestate administration until those

parties seeking the appointment of said independent administrator

offer clear and convincing evidence to the court that they

constitute all of the said decedent's heirs.

(h) When an independent administration has been created, and the

order appointing an independent executor has been entered by the

county court, and the inventory, appraisement, and list aforesaid

has been filed by the executor and approved by the county court,

as long as the estate is represented by an independent executor,

further action of any nature shall not be had in the county court

except where this Code specifically and explicitly provides for

some action in the county court.

(i) If a distributee described in Subsections (c) through (e) of

this section is an incapacitated person, the guardian of the

person of the distributee may sign the application on behalf of

the distributee. If the county court finds that either the

granting of independent administration or the appointment of the

person, firm, or corporation designated in the application as

independent executor would not be in the best interests of the

incapacitated person, then, notwithstanding anything to the

contrary in Subsections (c) through (e) of this section, the

county court shall not enter an order granting independent

administration of the estate. If such distributee who is an

incapacitated person has no guardian of the person, the county

court may appoint a guardian ad litem to make application on

behalf of the incapacitated person if the county court considers

such an appointment necessary to protect the interest of the

distributees.

(j) If a trust is created in the decedent's will, the person or

class of persons first eligible to receive the income from the

trust, when determined as if the trust were to be in existence on

the date of the decedent's death, shall, for the purposes of

Subsections (c) and (d) of this section, be deemed to be the

distributee or distributees on behalf of such trust, and any

other trust or trusts coming into existence upon the termination

of such trust, and are authorized to apply for independent

administration on behalf of the trusts without the consent or

agreement of the trustee or any other beneficiary of the trust,

or the trustee or any beneficiary of any other trust which may

come into existence upon the termination of such trust.

(k) If a life estate is created either in the decedent's will or

by law, the life tenant or life tenants, when determined as if

the life estate were to commence on the date of the decedent's

death, shall, for the purposes of Subsections (c) through (e) of

this section, be deemed to be the distributee or distributees on

behalf of the entire estate created, and are authorized to apply

for independent administration on behalf of the estate without

the consent or approval of any remainderman.

(l) If a decedent's will contains a provision that a distributee

must survive the decedent by a prescribed period of time in order

to take under the decedent's will, then, for the purposes of

determining who shall be the distributee under Subsections (c),

(d), (h), and (i) of this section, it shall be presumed that the

distributees living at the time of the filing of the application

for probate of the decedent's will survived the decedent by the

prescribed period.

(m) In the case of all decedents, whether dying testate or

intestate, for the purposes of determining who shall be the

distributees under Subsections (c), (d), (e), (h), and (i) of

this section, it shall be presumed that no distributee living at

the time the application for independent administration is filed

shall subsequently disclaim any portion of such distributee's

interest in the decedent's estate.

(n) If a distributee of a decedent's estate should die and if by

virtue of such distributee's death such distributee's share of

the decedent's estate shall become payable to such distributee's

estate, then the deceased distributee's personal representative

may sign the application for independent administration of the

decedent's estate under Subsections (c), (d), (e), (h), and (i)

of this section.

(o) Notwithstanding anything to the contrary in this section, a

person capable of making a will may provide in his will that no

independent administration of his estate may be allowed. In such

case, his estate, if administered, shall be administered and

settled under the direction of the county court as other estates

are required to be settled.

(p) If an independent administration of a decedent's estate is

created pursuant to Subsections (c), (d), or (e) of this section,

then, unless the county court shall waive bond on application for

waiver, the independent executor shall be required to enter into

bond payable to and to be approved by the judge and his or her

successors in a sum that is found by the judge to be adequate

under all circumstances, or a bond with one surety in a sum that

is found by the judge to be adequate under all circumstances, if

the surety is an authorized corporate surety. This subsection

does not repeal any other section of this Code.

(q) Absent proof of fraud or collusion on the part of a judge, no

judge may be held civilly liable for the commission of misdeeds

or the omission of any required act of any person, firm, or

corporation designated as an independent executor or independent

administrator under Subsections (c), (d), and (e) of the section.

Section 36 of this code does not apply to the appointment of an

independent executor or administrator under Subsection (c), (d),

or (e) of this section.

(r) A person who declines to serve or resigns as independent

executor or administrator of a decedent's estate may be appointed

an executor or administrator of the estate if the estate will be

administered and settled under the direction of the court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2(b); Acts 1977,

65th Leg., p. 1061, ch. 390, Sec. 3, eff. Sept. 1, 1977; Acts

1979, 66th Leg., p. 1750, ch. 713, Sec. 16, eff. Aug. 27, 1979;

Acts 1991, 72nd Leg., ch. 895, Sec. 10, eff. Sept. 1, 1991; Acts

1993, 73rd Leg., ch. 846, Sec. 15, eff. Sept. 1, 1993; Acts 1995,

74th Leg., ch. 1039, Sec. 9, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 146. PAYMENT OF CLAIMS AND DELIVERY OF EXEMPTIONS AND

ALLOWANCES. (a) Duty of the Independent Executor. An independent

executor, in the administration of an estate, independently of

and without application to, or any action in or by the court:

(1) shall give the notices required under Sections 294 and 295;

(2) may give the notice permitted under Section 294(d) and bar a

claim under that subsection;

(3) shall approve, classify, and pay, or reject, claims against

the estate in the same order of priority, classification, and

proration prescribed in this Code; and

(4) shall set aside and deliver to those entitled thereto exempt

property and allowances for support, and allowances in lieu of

exempt property, as prescribed in this Code, to the same extent

and result as if the independent executor's actions had been

accomplished in, and under orders of, the court.

(b) Secured Claims for Money. Within six months after the date

letters are granted or within four months after the date notice

is received under Section 295, whichever is later, a creditor

with a claim for money secured by real or personal property of

the estate must give notice to the independent executor of the

creditor's election to have the creditor's claim approved as a

matured secured claim to be paid in due course of administration.

If the election is not made, the claim is a preferred debt and

lien against the specific property securing the indebtedness and

shall be paid according to the terms of the contract that secured

the lien, and the claim may not be asserted against other assets

of the estate. The independent executor may pay the claim before

the claim matures if paying the claim before maturity is in the

best interest of the estate.

(c) Liability of Independent Executor. An independent executor,

in the administration of an estate, may pay at any time and

without personal liability a claim for money against the estate

to the extent approved and classified by the personal

representative if:

(1) the claim is not barred by limitations; and

(2) at the time of payment, the independent executor reasonably

believes the estate will have sufficient assets to pay all claims

against the estate.

(d) Notice Required of Unsecured Creditor. An unsecured creditor

who has a claim for money against an estate and receives a notice

under Section 294(d) shall give notice to the independent

executor of the nature and amount of the claim not later than the

120th day after the date on which the notice is received or the

claim is barred.

(e) Placement of Notice. Notice required by Subsections (b) and

(d) must be contained in:

(1) a written instrument that is hand-delivered with proof of

receipt or mailed by certified mail, return receipt requested, to

the independent executor or the executor's attorney;

(2) a pleading filed in a lawsuit with respect to the claim; or

(3) a written instrument or pleading filed in the court in which

the administration of the estate is pending.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2(c), eff. Aug. 21,

1957; Acts 1995, 74th Leg., ch. 1054, Sec. 1, eff. Jan. 1, 1996;

Acts 1997, 75th Leg., ch. 1302, Sec. 8, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 147. ENFORCEMENT OF CLAIMS BY SUIT. Any person having a

debt or claim against the estate may enforce the payment of the

same by suit against the independent executor; and, when judgment

is recovered against the independent executor, the execution

shall run against the estate of the decedent in the hands of the

independent executor which is subject to such debt. The

independent executor shall not be required to plead to any suit

brought against him for money until after six months from the

date that an independent administration was created and the order

appointing an independent executor was entered by the county

court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1975, 64th Leg., p. 980, ch. 376, Sec. 1, eff. June 19,

1975; Acts 1977, 65th Leg., p. 1064, ch. 390, Sec. 4, eff. Sept.

1, 1977.

Text of article effective until January 01, 2014

Sec. 148. REQUIRING HEIRS TO GIVE BOND. When an independent

administration is created and the order appointing an independent

executor is entered by the county court, any person having a debt

against such estate may, by written complaint filed in the county

court where such order was entered, cause all distributees of the

estate, heirs at law, and other persons entitled to any portion

of such estate under the will, if any, to be cited by personal

service to appear before such county court and execute a bond for

an amount equal to the amount of the creditor's claim or the full

value of such estate, as shown by the inventory and list of

claims, whichever is the smaller, such bond to be payable to the

judge, and his successors, and to be approved by said judge, and

conditioned that all obligors shall pay all debts that shall be

established against such estate in the manner provided by law.

Upon the return of the citation served, unless such person so

entitled to any portion of the estate, or some of them, or some

other person for them, shall execute such bond to the

satisfaction of the county court, such estate shall thereafter be

administered and settled under the direction of the county court

as other estates are required to be settled. If the bond is

executed and approved, the independent administration shall

proceed. Creditors of the estate may sue on such bond, and shall

be entitled to judgment thereon for the amount of their debt, or

they may have their action against those in possession of the

estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1977, 65th Leg., p. 1064, ch. 390, Sec. 5, eff. Sept. 1,

1977; Acts 1979, 66th Leg., p. 1750, ch. 713, Sec. 17, eff. Aug.

27, 1979.

Text of article effective until January 01, 2014

Sec. 149. REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND. When it

has been provided by will, regularly probated, that an

independent executor appointed by such will shall not be required

to give bond for the management of the estate devised by such

will, the direction shall be observed, unless it be made to

appear at any time that such independent executor is mismanaging

the property, or has betrayed or is about to betray his trust, or

has in some other way become disqualified, in which case, upon

proper proceedings had for that purpose, as in the case of

executors or administrators acting under orders of the court,

such executor may be required to give bond.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 149A. ACCOUNTING. (a) Interested Person May Demand

Accounting. At any time after the expiration of fifteen months

from the date that an independent administration was created and

the order appointing an independent executor was entered by the

county court, any person interested in the estate may demand an

accounting from the independent executor. The independent

executor shall thereupon furnish to the person or persons making

the demand an exhibit in writing, sworn and subscribed by the

independent executor, setting forth in detail:

1. The property belonging to the estate which has come into his

hands as executor.

2. The disposition that has been made of such property.

3. The debts that have been paid.

4. The debts and expenses, if any, still owing by the estate.

5. The property of the estate, if any, still remaining in his

hands.

6. Such other facts as may be necessary to a full and definite

understanding of the exact condition of the estate.

7. Such facts, if any, that show why the administration should

not be closed and the estate distributed.

Any other interested person shall, upon demand, be entitled to a

copy of any exhibit or accounting that has been made by an

independent executor in compliance with this section.

(b) Enforcement of Demand. Should the independent executor not

comply with a demand for an accounting authorized by this section

within sixty days after receipt of the demand, the person making

the demand may compel compliance by an action in the county

court, as that term is defined by Section 3 of this code. After a

hearing, the court shall enter an order requiring the accounting

to be made at such time as it deems proper under the

circumstances.

(c) Subsequent Demands. After an initial accounting has been

given by an independent executor, any person interested in an

estate may demand subsequent periodic accountings at intervals of

not less than twelve months, and such subsequent demands may be

enforced in the same manner as an initial demand.

(d) Remedies Cumulative. The right to an accounting accorded by

this section is cumulative of any other remedies which persons

interested in an estate may have against the independent executor

thereof.

Added by Acts 1971, 62nd Leg., p. 980, ch. 173, Sec. 10, eff.

Jan. 1, 1972. Amended by Acts 1973, 63rd Leg., p. 412, ch. 184,

Sec. 1, eff. May 25, 1973; Acts 1977, 65th Leg., p. 1065, ch.

390, Sec. 6, eff. Sept. 1, 1977; Acts 1999, 76th Leg., ch. 855,

Sec. 3, eff. Sept. 1, 1999.

Text of article effective until January 01, 2014

Sec. 149B. ACCOUNTING AND DISTRIBUTION. (a) In addition to or in

lieu of the right to an accounting provided by Section 149A of

this code, at any time after the expiration of two years from the

date that an independent administration was created and the order

appointing an independent executor was entered, a person

interested in the estate may petition the county court, as that

term is defined by Section 3 of this code, for an accounting and

distribution. The court may order an accounting to be made with

the court by the independent executor at such time as the court

deems proper. The accounting shall include the information that

the court deems necessary to determine whether any part of the

estate should be distributed.

(b) On receipt of the accounting and, after notice to the

independent executor and a hearing, unless the court finds a

continued necessity for administration of the estate, the court

shall order its distribution by the independent executor to the

persons entitled to the property. If the court finds there is a

continued necessity for administration of the estate, the court

shall order the distribution of any portion of the estate that

the court finds should not be subject to further administration

by the independent executor. If any portion of the estate that is

ordered to be distributed is incapable of distribution without

prior partition or sale, the court shall order partition and

distribution, or sale, in the manner provided for the partition

and distribution of property incapable of division in estates

administered under the direction of the county court.

(c) If all the property in the estate is ordered distributed by

the executor and the estate is fully administered, the court also

may order the independent executor to file a final account with

the court and may enter an order closing the administration and

terminating the power of the independent executor to act as

executor.

Added by Acts 1979, 66th Leg., p. 1751, ch. 713, Sec. 18, eff.

Aug. 27, 1979. Amended by Acts 1985, 69th Leg., ch. 882, Sec. 1,

eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 760, Sec. 1, eff.

Aug. 31, 1987; Acts 1987, 70th Leg., ch. 565, Sec. 1, eff. June

18, 1987; Acts 1999, 76th Leg., ch; 855, Sec. 4, eff; Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149C. REMOVAL OF INDEPENDENT EXECUTOR. (a) The county

court, as that term is defined by Section 3 of this code, on its

own motion or on motion of any interested person, after the

independent executor has been cited by personal service to answer

at a time and place fixed in the notice, may remove an

independent executor when:

(1) the independent executor fails to return within ninety days

after qualification, unless such time is extended by order of the

court, an inventory of the property of the estate and list of

claims that have come to the independent executor's knowledge;

(2) sufficient grounds appear to support belief that the

independent executor has misapplied or embezzled, or that the

independent executor is about to misapply or embezzle, all or any

part of the property committed to the independent executor's

care;

(3) the independent executor fails to make an accounting which

is required by law to be made;

(4) the independent executor fails to timely file the affidavit

or certificate required by Section 128A of this code;

(5) the independent executor is proved to have been guilty of

gross misconduct or gross mismanagement in the performance of the

independent executor's duties; or

(6) the independent executor becomes an incapacitated person, or

is sentenced to the penitentiary, or from any other cause becomes

legally incapacitated from properly performing the independent

executor's fiduciary duties.

(b) The order of removal shall state the cause of removal and

shall direct by order the disposition of the assets remaining in

the name or under the control of the removed executor. The order

of removal shall require that letters issued to the removed

executor shall be surrendered and that all letters shall be

canceled of record. If an independent executor is removed by the

court under this section, the court may, on application, appoint

a successor independent executor as provided by Section 154A of

this code.

(c) An independent executor who defends an action for his removal

in good faith, whether successful or not, shall be allowed out of

the estate his necessary expenses and disbursements, including

reasonable attorney's fees, in the removal proceedings.

(d) Costs and expenses incurred by the party seeking removal

incident to removal of an independent executor appointed without

bond, including reasonable attorney's fees and expenses, may be

paid out of the estate.

Added by Acts 1979, 66th Leg., p. 1751, ch. 713, Sec. 19, eff.

Aug. 27, 1979. Amended by Acts 1987, 70th Leg., ch. 719, Sec. 1,

eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 1035, Sec. 10, eff;

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 1039, Sec. 10, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 855, Sec. 5, eff; Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

801, Sec. 3, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 149D. DISTRIBUTION OF REMAINING ESTATE PENDING JUDICIAL

DISCHARGE. (a) On or before filing an action under Section 149E

of this code, the independent executor must distribute to the

beneficiaries of the estate any of the remaining assets or

property of the estate that remains in the hands of the

independent executor after all of the estate's debts have been

paid, except for a reasonable reserve of assets that the

independent executor may retain in a fiduciary capacity pending

court approval of the final account.

(b) The court may review the amount of assets on reserve and may

order the independent executor to make further distributions

under this section.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149E. JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR. (a) After

an estate has been administered and if there is no further need

for an independent administration of the estate, the independent

executor of the estate may file an action for declaratory

judgment under Chapter 37, Civil Practice and Remedies Code,

seeking to discharge the independent executor from any liability

involving matters relating to the past administration of the

estate that have been fully and fairly disclosed.

(b) On the filing of an action under this section, each

beneficiary of the estate shall be personally served with

citation, except for a beneficiary who has waived the issuance

and service of citation.

(c) In a proceeding under this section, the court may require the

independent executor to file a final account that includes any

information the court considers necessary to adjudicate the

independent executor's request for a discharge of liability. The

court may audit, settle, or approve a final account filed under

this subsection.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149F. COURT COSTS AND OTHER CHARGES RELATED TO FINAL ACCOUNT

IN JUDICIAL DISCHARGE. (a) Except as ordered by the court, the

independent executor is entitled to pay from the estate legal

fees, expenses, or other costs of a proceeding incurred in

relation to a final account required under Section 149E of this

code.

(b) The independent executor shall be personally liable to refund

any amount not approved by the court as a proper charge against

the estate.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149G. RIGHTS AND REMEDIES CUMULATIVE. The rights and

remedies conferred by Sections 149D, 149E, and 149F of this code

are cumulative of other rights and remedies to which a person

interested in the estate may be entitled under law.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 150. PARTITION AND DISTRIBUTION OR SALE OF PROPERTY

INCAPABLE OF DIVISION. If the will does not distribute the

entire estate of the testator, or provide a means for partition

of said estate, or if no will was probated, the independent

executor may file his final account in the county court in which

the will was probated, or if no will was probated, in the county

court in which the order appointing the independent executor was

entered, and ask for either partition and distribution of the

estate or an order of sale of any portion of the estate alleged

by the independent executor and found by the court to be

incapable of a fair and equal partition and distribution, or

both; and the same either shall be partitioned and distributed or

shall be sold, or both, in the manner provided for the partition

and distribution of property and the sale of property incapable

of division in estates administered under the direction of the

county court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1977, 65th Leg., p. 1065, ch. 390, Sec. 7, eff. Sept. 1,

1977; Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 20, eff. Aug.

27, 1979.

Text of article effective until January 01, 2014

Sec. 151. CLOSING INDEPENDENT ADMINISTRATION BY AFFIDAVIT. (a)

Filing of Affidavit. When all of the debts known to exist against

the estate have been paid, or when they have been paid so far as

the assets in the hands of the independent executor will permit,

when there is no pending litigation, and when the independent

executor has distributed to the persons entitled thereto all

assets of the estate, if any, remaining after payment of debts,

the independent executor may file with the court:

(1) a closing report verified by affidavit that shows:

(i) The property of the estate which came into the hands of the

independent executor;

(ii) The debts that have been paid;

(iii) The debts, if any, still owing by the estate;

(iv) The property of the estate, if any, remaining on hand after

payment of debts; and

(v) The names and residences of the persons to whom the property

of the estate, if any, remaining on hand after payment of debts

has been distributed; and

(2) signed receipts or other proof of delivery of property to the

distributees named in the closing report if the closing report

reflects that there was property remaining on hand after payment

of debts.

(b) Effect of Filing the Affidavit. (1) The filing of such an

affidavit and proof of delivery, if required, shall terminate the

independent administration and the power and authority of the

independent executor, but shall not relieve the independent

executor from liability for any mismanagement of the estate or

from liability for any false statements contained in the

affidavit. When such an affidavit has been filed, persons dealing

with properties of the estate, or with claims against the estate,

shall deal directly with the distributees of the estate; and the

acts of such distributees with respect to such properties or

claims shall in all ways be valid and binding as regards the

persons with whom they deal, notwithstanding any false statements

made by the independent executor in such affidavit.

(2) If the independent executor is required to give bond, the

independent executor's filing of the affidavit and proof of

delivery, if required, automatically releases the sureties on the

bond from all liability for the future acts of the principal.

(c) Authority to Transfer Property of a Decedent After Filing the

Affidavit. An independent executor's affidavit closing the

independent administration shall constitute sufficient legal

authority to all persons owing any money, having custody of any

property, or acting as registrar or transfer agent or trustee of

any evidence of interest, indebtedness, property, or right that

belongs to the estate, for payment or transfer without additional

administration to the persons described in the will as entitled

to receive the particular asset or who as heirs at law are

entitled to receive the asset. The persons described in the will

as entitled to receive the particular asset or the heirs at law

entitled to receive the asset may enforce their right to the

payment or transfer by suit.

(d) Delivery Subject to Receipt or Proof of Delivery. An

independent executor may not be required to deliver tangible or

intangible personal property to a distributee unless the

independent executor shall receive, at or before the time of

delivery of the property, a signed receipt or other proof of

delivery of the property to the distributee. An independent

executor shall not require a waiver or release from the

distributee as a condition of delivery of property to a

distributee.

(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 301, Sec. 7(1),

eff. September 1, 2007.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 21, eff. Aug. 27,

1979; Acts 1991, 72nd Leg., ch. 895, Sec. 11, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 642, Sec. 5, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

301, Sec. 7(1), eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 152. CLOSING INDEPENDENT ADMINISTRATION UPON APPLICATION BY

DISTRIBUTEE. (a) At any time after an estate has been fully

administered and there is no further need for an independent

administration of such estate, any distributee may file an

application to close the administration; and, after citation upon

the independent executor, and upon hearing, the court may enter

an order:

(1) requiring the independent executor to file a verified report

meeting the requirements of Section 151(a) of this code;

(2) closing the administration;

(3) terminating the power of the independent executor to act as

such; and

(4) releasing the sureties on any bond the independent executor

was required to give from all liability for the future acts of

the principal.

(b) The order of the court closing the independent administration

shall constitute sufficient legal authority to all persons owing

any money, having custody of any property, or acting as registrar

or transfer agent or trustee of any evidence of interest,

indebtedness, property, or right that belongs to the estate, for

payment or transfer without additional administration to the

persons described in the will as entitled to receive the

particular asset or who as heirs at law are entitled to receive

the asset. The persons described in the will as entitled to

receive the particular asset or the heirs at law entitled to

receive the asset may enforce their right to the payment or

transfer by suit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 22, eff. Aug. 27,

1979; Acts 1991, 72nd Leg., ch. 895, Sec. 12, eff. Sept. 1, 1991.

Text of article effective until January 01, 2014

Sec. 153. ISSUANCE OF LETTERS. At any time before the authority

of an independent executor has been terminated in the manner set

forth in the preceding Sections, the clerk shall issue such

number of letters testamentary as the independent executor shall

request.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 154. POWERS OF AN ADMINISTRATOR WHO SUCCEEDS AN INDEPENDENT

EXECUTOR. (a) Grant of Powers by Court. Whenever a person has

died, or shall die, testate, owning property in Texas, and such

person's will has been or shall be admitted to probate by the

proper court, and such probated will names an independent

executor or executors, or trustees acting in the capacity of

independent executors, to execute the terms and provisions of

said will, and such will grants to such independent executor, or

executors, or trustees acting in the capacity of independent

executors, the power to raise or borrow money and to mortgage,

and such independent executor, or executors, or trustees, have

died or shall die, resign, fail to qualify, or be removed from

office, leaving unexecuted parts or portions of the will of the

testator, and an administrator with the will annexed is appointed

by the court having jurisdiction of the estate, and an

administrator's bond is filed and approved by the court, then in

all such cases, the court may, in addition to the powers

conferred upon such administrator under other provisions of the

laws of Texas, authorize, direct, and empower such administrator

to do and perform the acts and deeds, clothed with the rights,

powers, authorities, and privileges, and subject to the

limitations, set forth in the subsequent portions of this

Section.

(b) Power to Borrow Money and Mortgage or Pledge Property. The

court, upon application, citation, and hearing, may, by its

order, authorize, direct, and empower such administrator to raise

or borrow such sums of money and incur such obligations and debts

as the court shall, in its said order, direct, and to renew and

extend same from time to time, as the court, upon application and

order, shall provide; and, if authorized by the court's order, to

secure such loans, obligations, and debts, by pledge or mortgage

upon property or assets of the estate, real, personal, or mixed,

upon such terms and conditions, and for such duration of time, as

the court shall deem to be to the best interest of the estate,

and by its order shall prescribe; and all such loans,

obligations, debts, pledges, and mortgages shall be valid and

enforceable against the estate and against such administrator in

his official capacity.

(c) Powers Limited to Those Granted by the Will. The court may

order and authorize such administrator to have and exercise the

powers and privileges set forth in the preceding Subsections

hereof only to the extent that same are granted to or possessed

by the independent executor, or executors, or trustees acting in

the capacity of independent executors, under the terms of the

probated will of such deceased person, and then only in such

cases as it appears, at the hearing of the application, that at

the time of the appointment of such administrator, there are

outstanding and unpaid obligations and debts of the estate, or of

the independent executor, or executors, or trustees, chargeable

against the estate, or unpaid expenses of administration, or when

the court appointing such administrator orders the business of

such estate to be carried on and it becomes necessary, from time

to time, under orders of the court, for such administrator to

borrow money and incur obligations and indebtedness in order to

protect and preserve the estate.

(d) Powers Other Than Those Relating to Borrowing Money and

Mortgaging or Pledging Property. The court, in addition, may,

upon application, citation, and hearing, order, authorize and

empower such administrator to assume, exercise, and discharge,

under the orders and directions of said court, made from time to

time, all or such part of the rights, powers, and authorities

vested in and delegated to, or possessed by, the independent

executor, or executors, or trustees acting in the capacity of

independent executors, under the terms of the will of such

deceased person, as the court finds to be to the best interest of

the estate and shall, from time to time, order and direct.

(e) Application for Grant of Powers. The granting to such

administrator by the court of some, or all, of the powers and

authorities set forth in this Section shall be upon application

filed by such administrator with the county clerk, setting forth

such facts as, in the judgment of


State Codes and Statutes

State Codes and Statutes

Statutes > Texas > Probate-code > Chapter-vi-special-types-of-administration

PROBATE CODE

CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION

PART 1. TEMPORARY ADMINISTRATION IN THE INTEREST OF ESTATES OF

DEPENDENTS

Text of article effective until January 01, 2014

Sec. 131A. APPOINTMENT OF TEMPORARY ADMINISTRATORS. (a) If a

county judge determines that the interest of a decedent's estate

requires the immediate appointment of a personal representative,

he shall, by written order, appoint a temporary administrator

with limited powers as the circumstances of the case require. The

duration of the appointment must be specified in the court's

order and may not exceed 180 days unless the appointment is made

permanent as provided by Subsection (j) of this section.

(b) Any person may file with the clerk of the court a written

application for the appointment of a temporary administrator of a

decedent's estate under this section. The application must be

verified and must include the information required by Section 81

of this code if the decedent died testate or Section 82 of this

code if the decedent died intestate and an affidavit that sets

out:

(1) the name, address, and interest of the applicant;

(2) the facts showing an immediate necessity for the appointment

of a temporary administrator;

(3) the requested powers and duties of the temporary

administrator;

(4) a statement that the applicant is entitled to letters of

temporary administration and is not disqualified by law from

serving as a temporary administrator; and

(5) a description of the real and personal property that the

applicant believes to be in the decedent's estate.

(c) An order of appointment must:

(1) designate the appointee as "temporary administrator" of the

decedent's estate for the specified period;

(2) define the powers conferred on the appointee; and

(3) set the amount of bond to be given by the appointee.

(d) Not later than the third business day after the date of the

order, the appointee shall file with the county clerk a bond in

the amount ordered by the court. In this subsection, "business

day" means a day other than a Saturday, Sunday, or holiday

recognized by this state.

(e) Not later than the third day after the date on which an

appointee qualifies, the county clerk shall issue to the

appointee letters of appointment that set forth the powers to be

exercised by the appointee as ordered by the court.

(f) On the date that the county clerk issues letters of

appointment, the county clerk shall post a notice of the

appointment to all interested persons on the courthouse door.

(g) On the date the county clerk issues letters of appointment,

the appointee shall notify the known heirs of the decedent of his

appointment by certified mail, return receipt requested.

(h) A notice required by Subsection (f) or (g) of this section

must state that:

(1) an interested person or an heir may request a hearing to

contest the appointment not later than the 15th day after the

date that the letters of appointment are issued;

(2) if no contest is made within the period specified by the

notice, the appointment will continue for the time specified in

the order of appointment; and

(3) the court may make the appointment permanent.

(i) If an interested person or an heir requests a hearing to

contest the appointment of a temporary administrator, a hearing

shall be held and a determination made not later than the 10th

day after the date the request was made. If a request is not made

on or before the 15th day after the date that the letters of

appointment are issued, the appointment of a temporary

administrator continues for the period specified in the order,

unless made permanent under Subsection (j) of this section.

During the pendency of a contest of the appointment of a

temporary administrator, the temporary appointee shall continue

to act as administrator of the estate to the extent of the powers

conferred by his appointment. If the court sets aside the

appointment, the court may require the temporary administrator to

prepare and file, under oath, a complete exhibit of the condition

of the estate and detail the disposition the temporary

administrator has made of the property of the estate.

(j) At the conclusion of the term of appointment of a temporary

administrator, the court may, by written order, make the

appointment permanent if the permanent appointment is in the

interest of the estate.

Added by Acts 1987, 70th Leg., ch. 460, Sec. 2, eff. Sept. 1,

1987. Amended by Acts 1989, 71st Leg., ch. 1035, Sec. 8, eff.

Sept. 1, 1989; Acts 1997, 75th Leg., ch. 540, Sec. 2, eff. Sept.

1, 1997.

Amended by:

Acts 2005, 79th Leg., Ch.

765, Sec. 1, eff. June 17, 2005.

Text of article effective until January 01, 2014

Sec. 132. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR

ADMINISTRATION. (a) Appointment of Temporary Administrator.

Pending a contest relative to the probate of a will or the

granting of letters of administration, the court may appoint a

temporary administrator, with such limited powers as the

circumstances of the case require; and such appointment may

continue in force until the termination of the contest and the

appointment of an executor or administrator with full powers. The

power of appointment in this Subsection is in addition to the

court's power of appointment under Section 131A of this Code.

(b) Additional Powers Relative to Claims. When temporary

administration has been granted pending a will contest, or

pending a contest on an application for letters of

administration, the court may, at any time during the pendency of

the contest, confer upon the temporary administrator all the

power and authority of a permanent administrator with respect to

claims against the estate, and in such case the court and the

temporary administrator shall act in the same manner as in

permanent administration in connection with such matters as the

approval or disapproval of claims, the payment of claims, and the

making of sales of real or personal property for the payment of

claims; provided, however, that in the event such power and

authority is conferred upon a temporary administrator, he shall

be required to give bond in the full amount required of a

permanent administrator. The provisions of this Subsection are

cumulative and shall not be construed to exclude the right of the

court to order a temporary administrator to do any and all of the

things covered by this Subsection in other cases where the doing

of such things shall be necessary or expedient to preserve the

estate pending final determination of the contest.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1987, 70th Leg., ch. 460, Sec. 3, eff. Sept. 1, 1987.

Text of article effective until January 01, 2014

Sec. 133. POWERS OF TEMPORARY ADMINISTRATORS. Temporary

administrators shall have and exercise only such rights and

powers as are specifically expressed in the order of the court

appointing them, and as may be expressed in subsequent orders of

the court. Where a court, by a subsequent order, extends the

rights and powers of a temporary administrator, it may require

additional bond commensurate with such extension. Any acts

performed by temporary administrators that are not so expressly

authorized shall be void.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1993, 73rd Leg., ch. 957, Sec. 25, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 134. ACCOUNTING. At the expiration of a temporary

appointment, the appointee shall file with the clerk of the court

a sworn list of all property of the estate which has come into

his hands, a return of all sales made by him, and a full exhibit

and account of all his acts as such appointee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 135. CLOSING TEMPORARY ADMINISTRATION. The list, return,

exhibit, and account so filed shall be acted upon by the court

and, whenever temporary letters shall expire or cease to be of

effect for any cause, the court shall immediately enter an order

requiring such temporary appointee forthwith to deliver the

estate remaining in his possession to the person or persons

legally entitled to its possession. Upon proof of such delivery,

the appointee shall be discharged and the sureties on his bond

released as to any future liability.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1993, 73rd Leg., ch. 957, Sec. 26, eff. Sept. 1, 1993.

PART 3. SMALL ESTATES

Text of article effective until January 01, 2014

Sec. 137. COLLECTION OF SMALL ESTATES UPON AFFIDAVIT. (a) The

distributees of the estate of a decedent who dies intestate shall

be entitled thereto, to the extent that the assets, exclusive of

homestead and exempt property, exceed the known liabilities of

said estate, exclusive of liabilities secured by homestead and

exempt property, without awaiting the appointment of a personal

representative when:

(1) No petition for the appointment of a personal representative

is pending or has been granted; and

(2) Thirty days have elapsed since the death of the decedent; and

(3) The value of the entire assets of the estate, not including

homestead and exempt property, does not exceed $50,000; and

(4) There is filed with the clerk of the court having

jurisdiction and venue an affidavit sworn to by two disinterested

witnesses, by all such distributees that have legal capacity,

and, if the facts warrant, by the natural guardian or next of kin

of any minor or the guardian of any other incapacitated person

who is also a distributee, which affidavit shall be examined by

the judge of the court having jurisdiction and venue; and

(5) The affidavit shows the existence of the foregoing conditions

and includes a list of all of the known assets and liabilities of

the estate, the names and addresses of the distributees, and the

relevant family history facts concerning heirship that show the

distributees' rights to receive the money or property of the

estate or to have such evidences of money, property, or other

rights of the estate as are found to exist transferred to them as

heirs or assignees; and

(6) The judge, in the judge's discretion, finds that the

affidavit conforms to the terms of this section and approves the

affidavit; and

(7) A copy of the affidavit, certified to by said clerk, is

furnished by the distributees of the estate to the person or

persons owing money to the estate, having custody or possession

of property of the estate, or acting as registrar, fiduciary or

transfer agent of or for evidences of interest, indebtedness,

property, or other right belonging to the estate.

(b) This section does not affect the disposition of property

under the terms of a will or other testamentary document nor,

except as provided by Subsection (c) of this section, does it

transfer title to real property.

(c) Title to a decedent's homestead that is the only real

property in a decedent's estate may be transferred on an

affidavit that meets the requirements of this section. An

affidavit that is used to transfer title to a homestead under

this section must be recorded in the deed records of a county in

which the homestead is located. A bona fide purchaser for value

may rely on a recorded affidavit under this section. A bona fide

purchaser for value without actual or constructive notice of an

heir who is not disclosed in a recorded affidavit under this

section acquires title to a homestead free of the interests of

the undisclosed heir, but the bona fide purchaser remains subject

to any claim a creditor of the decedent has by law. A purchaser

has constructive notice of an heir who is not disclosed in a

recorded affidavit under this section if an affidavit, judgment

of heirship, or title transaction in the chain of title in the

deed records identifies the heir of the decedent who is not

disclosed in the affidavit as an heir of the decedent. An heir

who is not disclosed in a recorded affidavit under this section

may recover from an heir who receives consideration from a

purchaser in a transfer for value of title to a homestead passing

under the affidavit.

(d) If the judge approves the affidavit under this section, the

affidavit is to be recorded as an official public record under

Chapter 194, Local Government Code. If the county has not adopted

a microfilm or microphotographic process under Chapter 194, Local

Government Code, the county clerk shall provide and keep in his

office an appropriate book labeled "Small Estates," with an

accurate index showing the name of the decedent and reference to

land, if any, involved, in which he shall record every such

affidavit so filed, upon being paid his legal recording fee.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 4, eff. Aug. 22,

1957; Acts 1969, 61st Leg., p. 1978, ch. 670, Sec. 1, eff. Sept.

1, 1969; Acts 1975, 64th Leg., p. 1402, ch. 543, Sec. 1, eff.

Sept. 1, 1975; Acts 1977, 65th Leg., p. 361, ch. 177, Sec. 1,

eff. May 20, 1977; Acts 1979, 66th Leg., p. 1747, ch. 713, Sec.

14, eff. Aug. 27, 1979; Acts 1983, 68th Leg., p. 4560, ch. 757,

Sec. 1, eff. Sept. 1, 1983; Acts 1993, 73rd Leg., ch. 594, Sec.

1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 642, Sec. 3,

eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 1039, Sec. 8, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 540, Sec. 3, eff. Sept.

1, 1997.

Text of article effective until January 01, 2014

Sec. 138. EFFECT OF AFFIDAVIT. The person making payment,

delivery, transfer or issuance pursuant to the affidavit

described in the preceding Section shall be released to the same

extent as if made to a personal representative of the decedent,

and shall not be required to see to the application thereof or to

inquire into the truth of any statement in the affidavit, but the

distributees to whom payment, delivery, transfer, or issuance is

made shall be answerable therefor to any person having a prior

right and be accountable to any personal representative

thereafter appointed. In addition, the person or persons who

execute the affidavit shall be liable for any damage or loss to

any person which arises from any payment, delivery, transfer, or

issuance made in reliance on such affidavit. If the person to

whom such affidavit is delivered refuses to pay, deliver,

transfer, or issue the property as above provided, such property

may be recovered in an action brought for such purpose by or on

behalf of the distributees entitled thereto, upon proof of the

facts required to be stated in the affidavit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1995, 74th Leg., ch. 642, Sec. 4, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 139. APPLICATION FOR ORDER OF NO ADMINISTRATION. If the

value of the entire assets of an estate, not including homestead

and exempt property, does not exceed the amount to which the

surviving spouse and minor children of the decedent are entitled

as a family allowance, there may be filed by or on behalf of the

surviving spouse or minor children an application in any court of

proper venue for administration, or, if an application for the

appointment of a personal representative has been filed but not

yet granted, then in the court where such application has been

filed, requesting the court to make a family allowance and to

enter an order that no administration shall be necessary. The

application shall state the names of the heirs or devisees, a

list of creditors of the estate together with the amounts of the

claims so far as the same are known, and a description of all

real and personal property belonging to the estate, together with

the estimated value thereof according to the best knowledge and

information of the applicant, and the liens and encumbrances

thereon, with a prayer that the court make a family allowance and

that, if the entire assets of the estate, not including homestead

and exempt property, are thereby exhausted, the same be set aside

to the surviving spouse and minor children, as in the case of

other family allowances provided for by this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 140. HEARING AND ORDER UPON THE APPLICATION. Upon the

filing of an application for no administration such as that

provided for in the preceding Section, the court may hear the

same forthwith without notice, or at such time and upon such

notice as the court requires. Upon the hearing of the

application, if the court finds that the facts contained therein

are true and that the expenses of last illness, funeral charges,

and expenses of the proceeding have been paid or secured, the

court shall make a family allowance and, if the entire assets of

the estate, not including homestead and exempt property, are

thereby exhausted, shall order that no administration be had of

the estate and shall assign to the surviving spouse and minor

children the whole of the estate, in the same manner and with the

same effect as provided in this Code for the making of family

allowances to the surviving spouse and minor children.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 141. EFFECT OF ORDER. The order that no administration be

had on the estate shall constitute sufficient legal authority to

all persons owing any money, having custody of any property, or

acting as registrar or transfer agent of any evidence of

interest, indebtedness, property, or right, belonging to the

estate, and to persons purchasing from or otherwise dealing with

the estate, for payment or transfer to the persons described in

the order as entitled to receive the estate without

administration, and the persons so described in the order shall

be entitled to enforce their right to such payment or transfer by

suit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 142. PROCEEDING TO REVOKE ORDER. At any time within one

year after the entry of an order of no administration, and not

thereafter, any interested person may file an application to

revoke the same, alleging that other property has been

discovered, or that property belonging to the estate was not

included in the application for no administration, or that the

property described in the application was incorrectly valued, and

that if said property were added, included, or correctly valued,

as the case may be, the total value of the property would exceed

that necessary to justify the court in ordering no

administration. Upon proof of any of such grounds, the court

shall revoke the order of no administration. In case of any

contest as to the value of any property, the court may appoint

two appraisers to appraise the same in accordance with the

procedure hereinafter provided for inventories and appraisements,

and the appraisement of such appraisers shall be received in

evidence but shall not be conclusive.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 143. SUMMARY PROCEEDINGS FOR SMALL ESTATES AFTER PERSONAL

REPRESENTATIVE APPOINTED. Whenever, after the inventory,

appraisement, and list of claims has been filed by a personal

representative, it is established that the estate of a decedent,

exclusive of the homestead and exempt property and family

allowance to the surviving spouse and minor children, does not

exceed the amount sufficient to pay the claims of Classes One to

Four, inclusive, as claims are hereinafter classified, the

personal representative shall, upon order of the court, pay the

claims in the order provided and to the extent permitted by the

assets of the estate subject to the payment of such claims, and

thereafter present his account with an application for the

settlement and allowance thereof. Thereupon the court, with or

without notice, may adjust, correct, settle, allow or disallow

such account, and, if the account is settled and allowed, may

decree final distribution, discharge the personal representative,

and close the administration.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

PART 4. INDEPENDENT ADMINISTRATION

Text of article effective until January 01, 2014

Sec. 145. INDEPENDENT ADMINISTRATION. (a) Independent

administration of an estate may be created as provided in

Subsections (b) through (e) of this section.

(b) Any person capable of making a will may provide in his will

that no other action shall be had in the county court in relation

to the settlement of his estate than the probating and recording

of his will, and the return of an inventory, appraisement, and

list of claims of his estate.

(c) In situations where an executor is named in a decedent's

will, but the will does not provide for independent

administration of the decedent's estate as provided in Subsection

(b) of this section, all of the distributees of the decedent may

agree on the advisability of having an independent administration

and collectively designate in the application for probate of the

decedent's will the executor named in the will to serve as

independent executor and request in the application that no other

action shall be had in the county court in relation to the

settlement of the decedent's estate other than the probating and

recording of the decedent's will, and the return of an inventory,

appraisement, and list of claims of the decedent's estate. In

such case the county court shall enter an order granting

independent administration and appointing the person, firm, or

corporation designated in the application as independent

executor, unless the county court finds that it would not be in

the best interest of the estate to do so.

(d) In situations where no executor is named in the decedent's

will, or in situations where each executor named in the will is

deceased or is disqualified to serve as executor or indicates by

affidavit filed with the application for administration of the

decedent's estate his inability or unwillingness to serve as

executor, all of the distributees of the decedent may agree on

the advisability of having an independent administration and

collectively designate in the application for probate of the

decedent's will a qualified person, firm, or corporation to serve

as independent administrator and request in the application that

no other action shall be had in the county court in relation to

the settlement of the decedent's estate other than the probating

and recording of the decedent's will, and the return of an

inventory, appraisement, and list of claims of the decedent's

estate. In such case the county court shall enter an order

granting independent administration and appointing the person,

firm, or corporation designated in the application as independent

administrator, unless the county court finds that it would not be

in the best interest of the estate to do so.

(e) All of the distributees of a decedent dying intestate may

agree on the advisability of having an independent administration

and collectively designate in the application for administration

of the decedent's estate a qualified person, firm, or corporation

to serve as independent administrator and request in the

application that no other action shall be had in the county court

in relation to the settlement of the decedent's estate other than

the return of an inventory, appraisement, and list of claims of

the decedent's estate. In such case the county court shall enter

an order granting independent administration and appointing the

person, firm, or corporation designated in the application as

independent administrator, unless the county court finds that it

would not be in the best interest of the estate to do so.

(f) In those cases where an independent administration is sought

under the provisions of Subsections (c) through (e) above, all

distributees shall be served with citation and notice of the

application for independent administration unless the distributee

waives the issuance or service of citation or enters an

appearance in court.

(g) In no case shall any independent administrator be appointed

by any court to serve in any intestate administration until those

parties seeking the appointment of said independent administrator

offer clear and convincing evidence to the court that they

constitute all of the said decedent's heirs.

(h) When an independent administration has been created, and the

order appointing an independent executor has been entered by the

county court, and the inventory, appraisement, and list aforesaid

has been filed by the executor and approved by the county court,

as long as the estate is represented by an independent executor,

further action of any nature shall not be had in the county court

except where this Code specifically and explicitly provides for

some action in the county court.

(i) If a distributee described in Subsections (c) through (e) of

this section is an incapacitated person, the guardian of the

person of the distributee may sign the application on behalf of

the distributee. If the county court finds that either the

granting of independent administration or the appointment of the

person, firm, or corporation designated in the application as

independent executor would not be in the best interests of the

incapacitated person, then, notwithstanding anything to the

contrary in Subsections (c) through (e) of this section, the

county court shall not enter an order granting independent

administration of the estate. If such distributee who is an

incapacitated person has no guardian of the person, the county

court may appoint a guardian ad litem to make application on

behalf of the incapacitated person if the county court considers

such an appointment necessary to protect the interest of the

distributees.

(j) If a trust is created in the decedent's will, the person or

class of persons first eligible to receive the income from the

trust, when determined as if the trust were to be in existence on

the date of the decedent's death, shall, for the purposes of

Subsections (c) and (d) of this section, be deemed to be the

distributee or distributees on behalf of such trust, and any

other trust or trusts coming into existence upon the termination

of such trust, and are authorized to apply for independent

administration on behalf of the trusts without the consent or

agreement of the trustee or any other beneficiary of the trust,

or the trustee or any beneficiary of any other trust which may

come into existence upon the termination of such trust.

(k) If a life estate is created either in the decedent's will or

by law, the life tenant or life tenants, when determined as if

the life estate were to commence on the date of the decedent's

death, shall, for the purposes of Subsections (c) through (e) of

this section, be deemed to be the distributee or distributees on

behalf of the entire estate created, and are authorized to apply

for independent administration on behalf of the estate without

the consent or approval of any remainderman.

(l) If a decedent's will contains a provision that a distributee

must survive the decedent by a prescribed period of time in order

to take under the decedent's will, then, for the purposes of

determining who shall be the distributee under Subsections (c),

(d), (h), and (i) of this section, it shall be presumed that the

distributees living at the time of the filing of the application

for probate of the decedent's will survived the decedent by the

prescribed period.

(m) In the case of all decedents, whether dying testate or

intestate, for the purposes of determining who shall be the

distributees under Subsections (c), (d), (e), (h), and (i) of

this section, it shall be presumed that no distributee living at

the time the application for independent administration is filed

shall subsequently disclaim any portion of such distributee's

interest in the decedent's estate.

(n) If a distributee of a decedent's estate should die and if by

virtue of such distributee's death such distributee's share of

the decedent's estate shall become payable to such distributee's

estate, then the deceased distributee's personal representative

may sign the application for independent administration of the

decedent's estate under Subsections (c), (d), (e), (h), and (i)

of this section.

(o) Notwithstanding anything to the contrary in this section, a

person capable of making a will may provide in his will that no

independent administration of his estate may be allowed. In such

case, his estate, if administered, shall be administered and

settled under the direction of the county court as other estates

are required to be settled.

(p) If an independent administration of a decedent's estate is

created pursuant to Subsections (c), (d), or (e) of this section,

then, unless the county court shall waive bond on application for

waiver, the independent executor shall be required to enter into

bond payable to and to be approved by the judge and his or her

successors in a sum that is found by the judge to be adequate

under all circumstances, or a bond with one surety in a sum that

is found by the judge to be adequate under all circumstances, if

the surety is an authorized corporate surety. This subsection

does not repeal any other section of this Code.

(q) Absent proof of fraud or collusion on the part of a judge, no

judge may be held civilly liable for the commission of misdeeds

or the omission of any required act of any person, firm, or

corporation designated as an independent executor or independent

administrator under Subsections (c), (d), and (e) of the section.

Section 36 of this code does not apply to the appointment of an

independent executor or administrator under Subsection (c), (d),

or (e) of this section.

(r) A person who declines to serve or resigns as independent

executor or administrator of a decedent's estate may be appointed

an executor or administrator of the estate if the estate will be

administered and settled under the direction of the court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2(b); Acts 1977,

65th Leg., p. 1061, ch. 390, Sec. 3, eff. Sept. 1, 1977; Acts

1979, 66th Leg., p. 1750, ch. 713, Sec. 16, eff. Aug. 27, 1979;

Acts 1991, 72nd Leg., ch. 895, Sec. 10, eff. Sept. 1, 1991; Acts

1993, 73rd Leg., ch. 846, Sec. 15, eff. Sept. 1, 1993; Acts 1995,

74th Leg., ch. 1039, Sec. 9, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 146. PAYMENT OF CLAIMS AND DELIVERY OF EXEMPTIONS AND

ALLOWANCES. (a) Duty of the Independent Executor. An independent

executor, in the administration of an estate, independently of

and without application to, or any action in or by the court:

(1) shall give the notices required under Sections 294 and 295;

(2) may give the notice permitted under Section 294(d) and bar a

claim under that subsection;

(3) shall approve, classify, and pay, or reject, claims against

the estate in the same order of priority, classification, and

proration prescribed in this Code; and

(4) shall set aside and deliver to those entitled thereto exempt

property and allowances for support, and allowances in lieu of

exempt property, as prescribed in this Code, to the same extent

and result as if the independent executor's actions had been

accomplished in, and under orders of, the court.

(b) Secured Claims for Money. Within six months after the date

letters are granted or within four months after the date notice

is received under Section 295, whichever is later, a creditor

with a claim for money secured by real or personal property of

the estate must give notice to the independent executor of the

creditor's election to have the creditor's claim approved as a

matured secured claim to be paid in due course of administration.

If the election is not made, the claim is a preferred debt and

lien against the specific property securing the indebtedness and

shall be paid according to the terms of the contract that secured

the lien, and the claim may not be asserted against other assets

of the estate. The independent executor may pay the claim before

the claim matures if paying the claim before maturity is in the

best interest of the estate.

(c) Liability of Independent Executor. An independent executor,

in the administration of an estate, may pay at any time and

without personal liability a claim for money against the estate

to the extent approved and classified by the personal

representative if:

(1) the claim is not barred by limitations; and

(2) at the time of payment, the independent executor reasonably

believes the estate will have sufficient assets to pay all claims

against the estate.

(d) Notice Required of Unsecured Creditor. An unsecured creditor

who has a claim for money against an estate and receives a notice

under Section 294(d) shall give notice to the independent

executor of the nature and amount of the claim not later than the

120th day after the date on which the notice is received or the

claim is barred.

(e) Placement of Notice. Notice required by Subsections (b) and

(d) must be contained in:

(1) a written instrument that is hand-delivered with proof of

receipt or mailed by certified mail, return receipt requested, to

the independent executor or the executor's attorney;

(2) a pleading filed in a lawsuit with respect to the claim; or

(3) a written instrument or pleading filed in the court in which

the administration of the estate is pending.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2(c), eff. Aug. 21,

1957; Acts 1995, 74th Leg., ch. 1054, Sec. 1, eff. Jan. 1, 1996;

Acts 1997, 75th Leg., ch. 1302, Sec. 8, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 147. ENFORCEMENT OF CLAIMS BY SUIT. Any person having a

debt or claim against the estate may enforce the payment of the

same by suit against the independent executor; and, when judgment

is recovered against the independent executor, the execution

shall run against the estate of the decedent in the hands of the

independent executor which is subject to such debt. The

independent executor shall not be required to plead to any suit

brought against him for money until after six months from the

date that an independent administration was created and the order

appointing an independent executor was entered by the county

court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1975, 64th Leg., p. 980, ch. 376, Sec. 1, eff. June 19,

1975; Acts 1977, 65th Leg., p. 1064, ch. 390, Sec. 4, eff. Sept.

1, 1977.

Text of article effective until January 01, 2014

Sec. 148. REQUIRING HEIRS TO GIVE BOND. When an independent

administration is created and the order appointing an independent

executor is entered by the county court, any person having a debt

against such estate may, by written complaint filed in the county

court where such order was entered, cause all distributees of the

estate, heirs at law, and other persons entitled to any portion

of such estate under the will, if any, to be cited by personal

service to appear before such county court and execute a bond for

an amount equal to the amount of the creditor's claim or the full

value of such estate, as shown by the inventory and list of

claims, whichever is the smaller, such bond to be payable to the

judge, and his successors, and to be approved by said judge, and

conditioned that all obligors shall pay all debts that shall be

established against such estate in the manner provided by law.

Upon the return of the citation served, unless such person so

entitled to any portion of the estate, or some of them, or some

other person for them, shall execute such bond to the

satisfaction of the county court, such estate shall thereafter be

administered and settled under the direction of the county court

as other estates are required to be settled. If the bond is

executed and approved, the independent administration shall

proceed. Creditors of the estate may sue on such bond, and shall

be entitled to judgment thereon for the amount of their debt, or

they may have their action against those in possession of the

estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1977, 65th Leg., p. 1064, ch. 390, Sec. 5, eff. Sept. 1,

1977; Acts 1979, 66th Leg., p. 1750, ch. 713, Sec. 17, eff. Aug.

27, 1979.

Text of article effective until January 01, 2014

Sec. 149. REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND. When it

has been provided by will, regularly probated, that an

independent executor appointed by such will shall not be required

to give bond for the management of the estate devised by such

will, the direction shall be observed, unless it be made to

appear at any time that such independent executor is mismanaging

the property, or has betrayed or is about to betray his trust, or

has in some other way become disqualified, in which case, upon

proper proceedings had for that purpose, as in the case of

executors or administrators acting under orders of the court,

such executor may be required to give bond.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 149A. ACCOUNTING. (a) Interested Person May Demand

Accounting. At any time after the expiration of fifteen months

from the date that an independent administration was created and

the order appointing an independent executor was entered by the

county court, any person interested in the estate may demand an

accounting from the independent executor. The independent

executor shall thereupon furnish to the person or persons making

the demand an exhibit in writing, sworn and subscribed by the

independent executor, setting forth in detail:

1. The property belonging to the estate which has come into his

hands as executor.

2. The disposition that has been made of such property.

3. The debts that have been paid.

4. The debts and expenses, if any, still owing by the estate.

5. The property of the estate, if any, still remaining in his

hands.

6. Such other facts as may be necessary to a full and definite

understanding of the exact condition of the estate.

7. Such facts, if any, that show why the administration should

not be closed and the estate distributed.

Any other interested person shall, upon demand, be entitled to a

copy of any exhibit or accounting that has been made by an

independent executor in compliance with this section.

(b) Enforcement of Demand. Should the independent executor not

comply with a demand for an accounting authorized by this section

within sixty days after receipt of the demand, the person making

the demand may compel compliance by an action in the county

court, as that term is defined by Section 3 of this code. After a

hearing, the court shall enter an order requiring the accounting

to be made at such time as it deems proper under the

circumstances.

(c) Subsequent Demands. After an initial accounting has been

given by an independent executor, any person interested in an

estate may demand subsequent periodic accountings at intervals of

not less than twelve months, and such subsequent demands may be

enforced in the same manner as an initial demand.

(d) Remedies Cumulative. The right to an accounting accorded by

this section is cumulative of any other remedies which persons

interested in an estate may have against the independent executor

thereof.

Added by Acts 1971, 62nd Leg., p. 980, ch. 173, Sec. 10, eff.

Jan. 1, 1972. Amended by Acts 1973, 63rd Leg., p. 412, ch. 184,

Sec. 1, eff. May 25, 1973; Acts 1977, 65th Leg., p. 1065, ch.

390, Sec. 6, eff. Sept. 1, 1977; Acts 1999, 76th Leg., ch. 855,

Sec. 3, eff. Sept. 1, 1999.

Text of article effective until January 01, 2014

Sec. 149B. ACCOUNTING AND DISTRIBUTION. (a) In addition to or in

lieu of the right to an accounting provided by Section 149A of

this code, at any time after the expiration of two years from the

date that an independent administration was created and the order

appointing an independent executor was entered, a person

interested in the estate may petition the county court, as that

term is defined by Section 3 of this code, for an accounting and

distribution. The court may order an accounting to be made with

the court by the independent executor at such time as the court

deems proper. The accounting shall include the information that

the court deems necessary to determine whether any part of the

estate should be distributed.

(b) On receipt of the accounting and, after notice to the

independent executor and a hearing, unless the court finds a

continued necessity for administration of the estate, the court

shall order its distribution by the independent executor to the

persons entitled to the property. If the court finds there is a

continued necessity for administration of the estate, the court

shall order the distribution of any portion of the estate that

the court finds should not be subject to further administration

by the independent executor. If any portion of the estate that is

ordered to be distributed is incapable of distribution without

prior partition or sale, the court shall order partition and

distribution, or sale, in the manner provided for the partition

and distribution of property incapable of division in estates

administered under the direction of the county court.

(c) If all the property in the estate is ordered distributed by

the executor and the estate is fully administered, the court also

may order the independent executor to file a final account with

the court and may enter an order closing the administration and

terminating the power of the independent executor to act as

executor.

Added by Acts 1979, 66th Leg., p. 1751, ch. 713, Sec. 18, eff.

Aug. 27, 1979. Amended by Acts 1985, 69th Leg., ch. 882, Sec. 1,

eff. Aug. 26, 1985; Acts 1987, 70th Leg., ch. 760, Sec. 1, eff.

Aug. 31, 1987; Acts 1987, 70th Leg., ch. 565, Sec. 1, eff. June

18, 1987; Acts 1999, 76th Leg., ch; 855, Sec. 4, eff; Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149C. REMOVAL OF INDEPENDENT EXECUTOR. (a) The county

court, as that term is defined by Section 3 of this code, on its

own motion or on motion of any interested person, after the

independent executor has been cited by personal service to answer

at a time and place fixed in the notice, may remove an

independent executor when:

(1) the independent executor fails to return within ninety days

after qualification, unless such time is extended by order of the

court, an inventory of the property of the estate and list of

claims that have come to the independent executor's knowledge;

(2) sufficient grounds appear to support belief that the

independent executor has misapplied or embezzled, or that the

independent executor is about to misapply or embezzle, all or any

part of the property committed to the independent executor's

care;

(3) the independent executor fails to make an accounting which

is required by law to be made;

(4) the independent executor fails to timely file the affidavit

or certificate required by Section 128A of this code;

(5) the independent executor is proved to have been guilty of

gross misconduct or gross mismanagement in the performance of the

independent executor's duties; or

(6) the independent executor becomes an incapacitated person, or

is sentenced to the penitentiary, or from any other cause becomes

legally incapacitated from properly performing the independent

executor's fiduciary duties.

(b) The order of removal shall state the cause of removal and

shall direct by order the disposition of the assets remaining in

the name or under the control of the removed executor. The order

of removal shall require that letters issued to the removed

executor shall be surrendered and that all letters shall be

canceled of record. If an independent executor is removed by the

court under this section, the court may, on application, appoint

a successor independent executor as provided by Section 154A of

this code.

(c) An independent executor who defends an action for his removal

in good faith, whether successful or not, shall be allowed out of

the estate his necessary expenses and disbursements, including

reasonable attorney's fees, in the removal proceedings.

(d) Costs and expenses incurred by the party seeking removal

incident to removal of an independent executor appointed without

bond, including reasonable attorney's fees and expenses, may be

paid out of the estate.

Added by Acts 1979, 66th Leg., p. 1751, ch. 713, Sec. 19, eff.

Aug. 27, 1979. Amended by Acts 1987, 70th Leg., ch. 719, Sec. 1,

eff. Aug. 31, 1987; Acts 1989, 71st Leg., ch. 1035, Sec. 10, eff;

Sept. 1, 1989; Acts 1995, 74th Leg., ch. 1039, Sec. 10, eff.

Sept. 1, 1995; Acts 1999, 76th Leg., ch. 855, Sec. 5, eff; Sept.

1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

801, Sec. 3, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 149D. DISTRIBUTION OF REMAINING ESTATE PENDING JUDICIAL

DISCHARGE. (a) On or before filing an action under Section 149E

of this code, the independent executor must distribute to the

beneficiaries of the estate any of the remaining assets or

property of the estate that remains in the hands of the

independent executor after all of the estate's debts have been

paid, except for a reasonable reserve of assets that the

independent executor may retain in a fiduciary capacity pending

court approval of the final account.

(b) The court may review the amount of assets on reserve and may

order the independent executor to make further distributions

under this section.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149E. JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR. (a) After

an estate has been administered and if there is no further need

for an independent administration of the estate, the independent

executor of the estate may file an action for declaratory

judgment under Chapter 37, Civil Practice and Remedies Code,

seeking to discharge the independent executor from any liability

involving matters relating to the past administration of the

estate that have been fully and fairly disclosed.

(b) On the filing of an action under this section, each

beneficiary of the estate shall be personally served with

citation, except for a beneficiary who has waived the issuance

and service of citation.

(c) In a proceeding under this section, the court may require the

independent executor to file a final account that includes any

information the court considers necessary to adjudicate the

independent executor's request for a discharge of liability. The

court may audit, settle, or approve a final account filed under

this subsection.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149F. COURT COSTS AND OTHER CHARGES RELATED TO FINAL ACCOUNT

IN JUDICIAL DISCHARGE. (a) Except as ordered by the court, the

independent executor is entitled to pay from the estate legal

fees, expenses, or other costs of a proceeding incurred in

relation to a final account required under Section 149E of this

code.

(b) The independent executor shall be personally liable to refund

any amount not approved by the court as a proper charge against

the estate.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 149G. RIGHTS AND REMEDIES CUMULATIVE. The rights and

remedies conferred by Sections 149D, 149E, and 149F of this code

are cumulative of other rights and remedies to which a person

interested in the estate may be entitled under law.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 150. PARTITION AND DISTRIBUTION OR SALE OF PROPERTY

INCAPABLE OF DIVISION. If the will does not distribute the

entire estate of the testator, or provide a means for partition

of said estate, or if no will was probated, the independent

executor may file his final account in the county court in which

the will was probated, or if no will was probated, in the county

court in which the order appointing the independent executor was

entered, and ask for either partition and distribution of the

estate or an order of sale of any portion of the estate alleged

by the independent executor and found by the court to be

incapable of a fair and equal partition and distribution, or

both; and the same either shall be partitioned and distributed or

shall be sold, or both, in the manner provided for the partition

and distribution of property and the sale of property incapable

of division in estates administered under the direction of the

county court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1977, 65th Leg., p. 1065, ch. 390, Sec. 7, eff. Sept. 1,

1977; Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 20, eff. Aug.

27, 1979.

Text of article effective until January 01, 2014

Sec. 151. CLOSING INDEPENDENT ADMINISTRATION BY AFFIDAVIT. (a)

Filing of Affidavit. When all of the debts known to exist against

the estate have been paid, or when they have been paid so far as

the assets in the hands of the independent executor will permit,

when there is no pending litigation, and when the independent

executor has distributed to the persons entitled thereto all

assets of the estate, if any, remaining after payment of debts,

the independent executor may file with the court:

(1) a closing report verified by affidavit that shows:

(i) The property of the estate which came into the hands of the

independent executor;

(ii) The debts that have been paid;

(iii) The debts, if any, still owing by the estate;

(iv) The property of the estate, if any, remaining on hand after

payment of debts; and

(v) The names and residences of the persons to whom the property

of the estate, if any, remaining on hand after payment of debts

has been distributed; and

(2) signed receipts or other proof of delivery of property to the

distributees named in the closing report if the closing report

reflects that there was property remaining on hand after payment

of debts.

(b) Effect of Filing the Affidavit. (1) The filing of such an

affidavit and proof of delivery, if required, shall terminate the

independent administration and the power and authority of the

independent executor, but shall not relieve the independent

executor from liability for any mismanagement of the estate or

from liability for any false statements contained in the

affidavit. When such an affidavit has been filed, persons dealing

with properties of the estate, or with claims against the estate,

shall deal directly with the distributees of the estate; and the

acts of such distributees with respect to such properties or

claims shall in all ways be valid and binding as regards the

persons with whom they deal, notwithstanding any false statements

made by the independent executor in such affidavit.

(2) If the independent executor is required to give bond, the

independent executor's filing of the affidavit and proof of

delivery, if required, automatically releases the sureties on the

bond from all liability for the future acts of the principal.

(c) Authority to Transfer Property of a Decedent After Filing the

Affidavit. An independent executor's affidavit closing the

independent administration shall constitute sufficient legal

authority to all persons owing any money, having custody of any

property, or acting as registrar or transfer agent or trustee of

any evidence of interest, indebtedness, property, or right that

belongs to the estate, for payment or transfer without additional

administration to the persons described in the will as entitled

to receive the particular asset or who as heirs at law are

entitled to receive the asset. The persons described in the will

as entitled to receive the particular asset or the heirs at law

entitled to receive the asset may enforce their right to the

payment or transfer by suit.

(d) Delivery Subject to Receipt or Proof of Delivery. An

independent executor may not be required to deliver tangible or

intangible personal property to a distributee unless the

independent executor shall receive, at or before the time of

delivery of the property, a signed receipt or other proof of

delivery of the property to the distributee. An independent

executor shall not require a waiver or release from the

distributee as a condition of delivery of property to a

distributee.

(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 301, Sec. 7(1),

eff. September 1, 2007.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 21, eff. Aug. 27,

1979; Acts 1991, 72nd Leg., ch. 895, Sec. 11, eff. Sept. 1, 1991;

Acts 1995, 74th Leg., ch. 642, Sec. 5, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

301, Sec. 7(1), eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 152. CLOSING INDEPENDENT ADMINISTRATION UPON APPLICATION BY

DISTRIBUTEE. (a) At any time after an estate has been fully

administered and there is no further need for an independent

administration of such estate, any distributee may file an

application to close the administration; and, after citation upon

the independent executor, and upon hearing, the court may enter

an order:

(1) requiring the independent executor to file a verified report

meeting the requirements of Section 151(a) of this code;

(2) closing the administration;

(3) terminating the power of the independent executor to act as

such; and

(4) releasing the sureties on any bond the independent executor

was required to give from all liability for the future acts of

the principal.

(b) The order of the court closing the independent administration

shall constitute sufficient legal authority to all persons owing

any money, having custody of any property, or acting as registrar

or transfer agent or trustee of any evidence of interest,

indebtedness, property, or right that belongs to the estate, for

payment or transfer without additional administration to the

persons described in the will as entitled to receive the

particular asset or who as heirs at law are entitled to receive

the asset. The persons described in the will as entitled to

receive the particular asset or the heirs at law entitled to

receive the asset may enforce their right to the payment or

transfer by suit.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 22, eff. Aug. 27,

1979; Acts 1991, 72nd Leg., ch. 895, Sec. 12, eff. Sept. 1, 1991.

Text of article effective until January 01, 2014

Sec. 153. ISSUANCE OF LETTERS. At any time before the authority

of an independent executor has been terminated in the manner set

forth in the preceding Sections, the clerk shall issue such

number of letters testamentary as the independent executor shall

request.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 154. POWERS OF AN ADMINISTRATOR WHO SUCCEEDS AN INDEPENDENT

EXECUTOR. (a) Grant of Powers by Court. Whenever a person has

died, or shall die, testate, owning property in Texas, and such

person's will has been or shall be admitted to probate by the

proper court, and such probated will names an independent

executor or executors, or trustees acting in the capacity of

independent executors, to execute the terms and provisions of

said will, and such will grants to such independent executor, or

executors, or trustees acting in the capacity of independent

executors, the power to raise or borrow money and to mortgage,

and such independent executor, or executors, or trustees, have

died or shall die, resign, fail to qualify, or be removed from

office, leaving unexecuted parts or portions of the will of the

testator, and an administrator with the will annexed is appointed

by the court having jurisdiction of the estate, and an

administrator's bond is filed and approved by the court, then in

all such cases, the court may, in addition to the powers

conferred upon such administrator under other provisions of the

laws of Texas, authorize, direct, and empower such administrator

to do and perform the acts and deeds, clothed with the rights,

powers, authorities, and privileges, and subject to the

limitations, set forth in the subsequent portions of this

Section.

(b) Power to Borrow Money and Mortgage or Pledge Property. The

court, upon application, citation, and hearing, may, by its

order, authorize, direct, and empower such administrator to raise

or borrow such sums of money and incur such obligations and debts

as the court shall, in its said order, direct, and to renew and

extend same from time to time, as the court, upon application and

order, shall provide; and, if authorized by the court's order, to

secure such loans, obligations, and debts, by pledge or mortgage

upon property or assets of the estate, real, personal, or mixed,

upon such terms and conditions, and for such duration of time, as

the court shall deem to be to the best interest of the estate,

and by its order shall prescribe; and all such loans,

obligations, debts, pledges, and mortgages shall be valid and

enforceable against the estate and against such administrator in

his official capacity.

(c) Powers Limited to Those Granted by the Will. The court may

order and authorize such administrator to have and exercise the

powers and privileges set forth in the preceding Subsections

hereof only to the extent that same are granted to or possessed

by the independent executor, or executors, or trustees acting in

the capacity of independent executors, under the terms of the

probated will of such deceased person, and then only in such

cases as it appears, at the hearing of the application, that at

the time of the appointment of such administrator, there are

outstanding and unpaid obligations and debts of the estate, or of

the independent executor, or executors, or trustees, chargeable

against the estate, or unpaid expenses of administration, or when

the court appointing such administrator orders the business of

such estate to be carried on and it becomes necessary, from time

to time, under orders of the court, for such administrator to

borrow money and incur obligations and indebtedness in order to

protect and preserve the estate.

(d) Powers Other Than Those Relating to Borrowing Money and

Mortgaging or Pledging Property. The court, in addition, may,

upon application, citation, and hearing, order, authorize and

empower such administrator to assume, exercise, and discharge,

under the orders and directions of said court, made from time to

time, all or such part of the rights, powers, and authorities

vested in and delegated to, or possessed by, the independent

executor, or executors, or trustees acting in the capacity of

independent executors, under the terms of the will of such

deceased person, as the court finds to be to the best interest of

the estate and shall, from time to time, order and direct.

(e) Application for Grant of Powers. The granting to such

administrator by the court of some, or all, of the powers and

authorities set forth in this Section shall be upon application

filed by such administrator with the county clerk, setting forth

such facts as, in the judgment of