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Statutes > Texas > Probate-code > Chapter-vii-executors-and-administrators

PROBATE CODE

CHAPTER VII. EXECUTORS AND ADMINISTRATORS

PART 1. APPOINTMENT AND ISSUANCE OF LETTERS

Text of article effective until January 01, 2014

Sec. 178. WHEN LETTERS TESTAMENTARY OR OF ADMINISTRATION SHALL BE

GRANTED. (a) Letters Testamentary. When a will has been

probated, the court shall, within twenty days thereafter, grant

letters testamentary, if permitted by law, to the executor or

executors appointed by such will, if any there be, or to such of

them as are not disqualified, and are willing to accept the trust

and qualify according to law.

(b) Letters of Administration. When a person shall die

intestate, or where no executor is named in a will, or where the

executor is dead or shall fail to accept and qualify within

twenty days after the probate of the will, or shall fail for a

period of thirty days after the death of the testator to present

the will for probate and the court finds there was no good cause

for not presenting the will for probate during that period, then

administration of the estate of such intestate, or administration

with the will annexed of the estate of such testator, shall be

granted, should administration appear to be necessary. No

administration of any estate shall be granted unless there exists

a necessity therefor, such necessity to be determined by the

court hearing the application. Such necessity shall be deemed to

exist if two or more debts exist against the estate, or if or

when it is desired to have the county court partition the estate

among the distributees, or if the administration is necessary to

receive or recover funds or other property due the estate, but

mention of these three instances of necessity for administration

shall not prevent the court from finding other instances of

necessity upon proof before it.

(c) Failure to Issue Letters Within Prescribed Time. Failure of a

court to issue letters testamentary within the twenty day period

prescribed by this Section shall not affect the validity of any

letters testamentary which are issued subsequent to such period,

in accordance with law.

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

Amended by:

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

1170, Sec. 7.02, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 179. OPPOSITION TO GRANT OF LETTERS OF ADMINISTRATION.

When application is made for letters of administration, any

interested person may at any time before the application is

granted, file the person's opposition thereto in writing, and may

apply for the grant of letters to the person or to any other

person; and, upon the trial, the court shall grant letters to

the person that may seem best entitled to them, having regard to

applicable provisions of this Code, without further notice than

that of the original application.

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

Amended by:

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

1170, Sec. 7.03, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 180. EFFECT OF FINDING THAT NO NECESSITY FOR ADMINISTRATION

EXISTS. When application is filed for letters of administration

and the court finds that there exists no necessity for

administration of the estate, the court shall recite in its order

refusing the application that no necessity for administration

exists. An order of the court containing such recital shall

constitute sufficient legal authority to all persons owing any

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

transfer agent of any evidence of interest, indebtedness,

property, or right belonging to the estate, and to persons

purchasing or otherwise dealing with the estate, for payment or

transfer to the distributees of the decedent, and such

distributees shall be entitled to enforce their right to such

payment or transfer by suit.

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

Text of article effective until January 01, 2014

Sec. 181. ORDERS GRANTING LETTERS TESTAMENTARY OR OF

ADMINISTRATION. When letters testamentary or of administration

are granted, the court shall make an order to that effect, which

shall specify:

(a) The name of the testator or intestate; and

(b) The name of the person to whom the grant of letters is made;

and

(c) If bond is required, the amount thereof; and

(d) If any interested person shall apply to the court for the

appointment of an appraiser or appraisers, or if the court deems

an appraisal necessary, the name of not less than one nor more

than three disinterested persons appointed to appraise the estate

and return such appraisement to the court; and

(e) That the clerk shall issue letters in accordance with said

order when the person to whom said letters are granted shall have

qualified according to law.

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

by Acts 1967, 60th Leg., p. 1815, ch. 697, Sec. 1, eff. Aug. 28,

1967; Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 10, eff. June

12, 1969.

Text of article effective until January 01, 2014

Sec. 182. WHEN CLERK SHALL ISSUE LETTERS. Whenever an executor

or administrator has been qualified in the manner required by

law, the clerk of the court granting the letters testamentary or

of administration shall forthwith issue and deliver the letters

to such executor or administrator. When two or more persons

qualify as executors or administrators, letters shall be issued

to each of them so qualifying.

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

Text of article effective until January 01, 2014

Sec. 183. WHAT CONSTITUTES LETTERS. Letters testamentary or of

administration shall be a certificate of the clerk of the court

granting the same, attested by the seal of such court, and

stating that the executor or administrator, as the case may be,

has duly qualified as such as the law requires, the date of such

qualification, and the name of the deceased.

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

Text of article effective until January 01, 2014

Sec. 186. LETTERS OR CERTIFICATE MADE EVIDENCE. Letters

testamentary or of administration or a certificate of the clerk

of the court which granted the same, under the seal of such

court, that said letters have been issued, shall be sufficient

evidence of the appointment and qualification of the personal

representative of an estate and of the date of qualification.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 28, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 187. ISSUANCE OF OTHER LETTERS. When letters have been

destroyed or lost, the clerk shall issue other letters in their

stead, which shall have the same force and effect as the original

letters. The clerk shall also issue any number of letters as and

when requested by the person or persons who hold such letters.

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

Text of article effective until January 01, 2014

Sec. 188. RIGHTS OF THIRD PERSONS DEALING WITH EXECUTORS OR

ADMINISTRATORS. When an executor or administrator, legally

qualified as such, has performed any acts as such executor or

administrator in conformity with his authority and the law, such

acts shall continue to be valid to all intents and purposes, so

far as regards the rights of innocent purchasers of any of the

property of the estate from such executor or administrator, for a

valuable consideration, in good faith, and without notice of any

illegality in the title to the same, notwithstanding such acts or

the authority under which they were performed may afterward be

set aside, annulled, and declared invalid.

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

PART 2. OATHS AND BONDS OF PERSONAL REPRESENTATIVES

Text of article effective until January 01, 2014

Sec. 189. HOW EXECUTORS AND ADMINISTRATORS SHALL QUALIFY. A

personal representative shall be deemed to have duly qualified

when he shall have taken and filed his oath and made the required

bond, had the same approved by the judge, and filed it with the

clerk. In case of an executor who is not required to make bond,

he shall be deemed to have duly qualified when he shall have

taken and filed his oath required by law.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 29, eff. Sept. 1, 1993.

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10 effective January 1, 2014

Sec. 190. OATHS OF EXECUTORS AND ADMINISTRATORS. (a) Executor,

or Administrator With Will Annexed. Before the issuance of

letters testamentary or of administration with the will annexed,

the person named as executor, or appointed administrator with the

will annexed, shall take and subscribe an oath in form

substantially as follows: "I do solemnly swear that the writing

which has been offered for probate is the last will of ______, so

far as I know or believe, and that I will well and truly perform

all the duties of executor of said will (or of administrator with

the will annexed, as the case may be) of the estate of said

______."

(b) Administrator. Before the issuance of letters of

administration, the person appointed administrator shall take and

subscribe an oath in form substantially as follows: "I do

solemnly swear that ______, deceased, died without leaving any

lawful will (or that the named executor in any such will is dead

or has failed to offer the same for probate, or to accept and

qualify as executor, within the time required, as the case may

be), so far as I know or believe, and that I will well and truly

perform all the duties of administrator of the estate of said

deceased."

(c) Temporary Administrator. Before the issuance of temporary

letters of administration, the person appointed temporary

administrator shall take and subscribe an oath in form

substantially as follows: "I do solemnly swear that I will well

and truly perform the duties of temporary administrator of the

estate of ______, deceased, in accordance with the law, and with

the order of the court appointing me such administrator."

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 8

(d) Filing and Recording of Oaths. All such oaths may be taken

before any officer authorized to administer oaths, and shall be

filed with the clerk of the court granting the letters, and shall

be recorded in the judge's probate docket.

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

Amended by:

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

1170, Sec. 7.04, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 8, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10(a), eff. January 1, 2014.

Text of article effective until January 01, 2014

Sec. 192. TIME FOR TAKING OATH AND GIVING BOND. The oath of a

personal representative may be taken and subscribed, or his bond

may be given and approved, at any time before the expiration of

twenty days after the date of the order granting letters

testamentary or of administration, as the case may be, or before

such letters shall have been revoked for a failure to qualify

within the time allowed. All such oaths may be taken before any

person authorized to administer oaths under the laws of this

State.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 30, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 194. BONDS OF PERSONAL REPRESENTATIVES OF ESTATES. Except

when bond is not required under the provisions of this Code,

before the issuance of letters testamentary or of administration,

the recipient of letters shall enter into bond conditioned as

required by law, payable to the county judge or probate judge of

the county in which the probate proceedings are pending and to

his successors in office. Such bonds shall bear the written

approval of either of such judges in his official capacity, and

shall be executed and approved in accordance with the following

rules:

1. Court to Fix Penalty. The penalty of the bond shall be fixed

by the judge, in an amount deemed sufficient to protect the

estate and its creditors, as hereinafter provided.

2. Bond to Protect Creditors Only, When. If the person to whom

letters testamentary or of administration is granted is also

entitled to all of the decedent's estate, after payment of debts,

the bond shall be in an amount sufficient to protect creditors

only, notwithstanding the rules applicable generally to bonds of

personal representatives of estates.

3. Before Fixing Penalty, Court to Hear Evidence. In any case

where a bond is, or shall be, required of a personal

representative of an estate, the court shall, before fixing the

penalty of the bond, hear evidence and determine:

(a) The amount of cash on hand and where deposited, and the

amount of cash estimated to be needed for administrative

purposes, including operation of a business, factory, farm or

ranch owned by the estate, and expenses of administration for one

(1) year; and

(b) The revenue anticipated to be received in the succeeding

twelve (12) months from dividends, interest, rentals, or use of

real or personal property belonging to the estate and the

aggregate amount of any installments or periodical payments to be

collected; and

(c) The estimated value of certificates of stock, bonds, notes,

or securities of the estate or ward, the name of the depository,

if any, in which said assets are held for safekeeping, the face

value of life insurance or other policies payable to the person

on whose estate administration is sought, or to such estate, and

such other personal property as is owned by the estate, or by one

under disability; and

(d) The estimated amount of debts due and owing by the estate or

ward.

4. Penalty of Bond. The penalty of the bond shall be fixed by the

judge in an amount equal to the estimated value of all personal

property belonging to the estate, or to the person under

disability, together with an additional amount to cover revenue

anticipated to be derived during the succeeding twelve (12)

months from interest, dividends, collectible claims, the

aggregate amount of any installments or periodical payments

exclusive of income derived or to be derived from federal social

security payments, and rentals for use of real and personal

property; provided, that the penalty of the original bond shall

be reduced in proportion to the amount of cash or value of

securities or other assets authorized or required to be deposited

or placed in safekeeping by order of court, or voluntarily made

by the representative or by his sureties as hereinafter provided

in Subdivisions 6 and 7 hereof.

5. Agreement as to Deposit of Assets. It shall be lawful, and the

court may require such action when deemed in the best interest of

an estate, for a personal representative to agree with the surety

or sureties, either corporate or personal, for the deposit of any

or all cash, and safekeeping of other assets of the estate in a

financial institution as defined by Section 201.101, Finance

Code, with its main office or a branch office in this state and

qualified to act as a depository in this State under the laws of

this State or of the United States, if such deposit is otherwise

proper, in such manner as to prevent the withdrawal of such

moneys or other assets without the written consent of the surety,

or an order of the court made on such notice to the surety as the

court shall direct. No such agreement shall in any manner release

from or change the liability of the principal or sureties as

established by the terms of the bond.

6. Deposits Authorized or Required, When. Cash or securities or

other personal assets of an estate or which an estate is entitled

to receive may, and if deemed by the court in the best interest

of such estate shall, be deposited or placed in safekeeping as

the case may be, in one or more of the depositories hereinabove

described upon such terms as shall be prescribed by the court.

The court in which the proceedings are pending, upon its own

motion, or upon written application of the representative or of

any other person interested in the estate may authorize or

require additional assets of the estate then on hand or as they

accrue during the pendency of the probate proceedings to be

deposited or held in safekeeping as provided above. The amount of

the bond of the personal representative shall be reduced in

proportion to the cash so deposited, or the value of the

securities or other assets placed in safekeeping. Such cash so

deposited, or securities or other assets held in safekeeping, or

portions thereof, may be withdrawn from a depository only upon

order of the court, and the bond of the personal representative

shall be increased in proportion to the amount of cash or the

value of securities or other assets so authorized to be

withdrawn.

7. Representative May Deposit Cash or Securities of His Own in

Lieu of Bond. It shall be lawful for the personal representative

of an estate, in lieu of giving surety or sureties on any bond

which shall be required of him, or for the purpose of reducing

the amount of such bond, to deposit out of his own assets cash or

securities acceptable to the court, with a depository such as

named above or with any other corporate depository approved by

the court, if such deposit is otherwise proper, said deposit to

be equal in amount or value to the amount of the bond required,

or the bond reduced by the value of assets so deposited.

8. Rules Applicable to Making and Handling Deposits in Lieu of

Bond or to Reduce Penal Sum of Bond. (a) A receipt for a deposit

in lieu of surety or sureties shall be issued by the depository,

showing the amount of cash or, if securities, the amount and

description thereof, and agreeing not to disburse or deliver the

same except upon receipt of a certified copy of an order of the

court in which the proceedings are pending, and such receipt

shall be attached to the representative's bond and be delivered

to and filed by the county clerk after approval by the judge.

(b) The amount of cash or securities on deposit may be increased

or decreased, by order of the court from time to time, as the

interest of the estate shall require.

(c) Deposits in lieu of sureties on bonds, whether of cash or

securities, may be withdrawn or released only on order of a court

having jurisdiction.

(d) Creditors shall have the same rights against the

representative and such deposits as are provided for recovery

against sureties on a bond.

(e) The court may on its own motion, or upon written application

by the representative or by any other person interested in the

estate, require that adequate bond be given by the representative

in lieu of such deposit, or authorize withdrawal of the deposit

and substitution of a bond with sureties therefor. In either

case, the representative shall file a sworn statement showing the

condition of the estate, and unless the same be filed within

twenty (20) days after being personally served with notice of the

filing of an application by another, or entry of the court's

motion, he shall be subject to removal as in other cases. The

deposit may not be released or withdrawn until the court has been

satisfied as to the condition of the estate, has determined the

amount of bond, and has received and approved the bond.

9. Withdrawal of Deposits When Estate Closed. Upon the closing of

an estate, any such deposit or portion thereof remaining on hand,

whether of the assets of the representative, or of the assets of

the estate, or of the surety, shall be released by order of court

and paid over to the person or persons entitled thereto. No writ

of attachment or garnishment shall lie against the deposit,

except as to claims of creditors of the estate being

administered, or persons interested therein, including

distributees and wards, and then only in the event distribution

has been ordered by the court, and to the extent only of such

distribution as shall have been ordered.

10. Who May Act as Sureties. The surety or sureties on said bonds

may be authorized corporate sureties, or personal sureties.

11. Procedure When Bond Exceeds Fifty Thousand Dollars ($50,000).

When any such bond shall exceed Fifty Thousand Dollars ($50,000)

in penal sum, the court may require that such bond be signed by

two (2) or more authorized corporate sureties, or by one such

surety and two (2) or more good and sufficient personal sureties.

The estate shall pay the cost of a bond with corporate sureties.

12. Qualifications of Personal Sureties. If the sureties be

natural persons, there shall not be less than two (2), each of

whom shall make affidavit in the manner prescribed in this Code,

and the judge shall be satisfied that he owns property within

this State, over and above that exempt by law, sufficient to

qualify as a surety as required by law. Except as provided by

law, only one surety is required if the surety is an authorized

corporate surety; provided, a personal surety, instead of making

affidavit, or creating a lien on specific real estate when such

is required, may, in the same manner as a personal

representative, deposit his own cash or securities, in lieu of

pledging real property as security, subject, so far as

applicable, to the provisions covering such deposits when made by

personal representatives.

13. Bonds of Temporary Appointees. In case of a temporary

administrator, the bond shall be in such sum as the judge shall

direct.

14. Increased or Additional Bonds When Property Sold, Rented,

Leased for Mineral Development, or Money Borrowed or Invested.

The provisions in this Section with respect to deposit of cash

and safekeeping of securities shall cover, so far as they may be

applicable, the orders to be entered by the court when real or

personal property of an estate has been authorized to be sold or

rented, or money borrowed thereon, or when real property, or an

interest therein, has been authorized to be leased for mineral

development or subjected to unitization, the general bond having

been found insufficient.

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

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 6(b), eff. Aug. 22,

1957; Acts 1971, 62nd Leg., p. 983, ch. 173, Sec. 14, eff. Jan.

1, 1972; Acts 1979, 66th Leg., p. 1754, ch. 713, Sec. 25, eff.

Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 957, Sec. 31, eff. Sept.

1, 1993; Acts 1999, 76th Leg., ch. 344, Sec. 6.003, eff; Sept; 1,

1999.

Text of article effective until January 01, 2014

Sec. 195. WHEN NO BOND REQUIRED. (a) By Will. Whenever any will

probated in a Texas court directs that no bond or security be

required of the person or persons named as executors, the court

finding that such person or persons are qualified, letters

testamentary shall be issued to the persons so named, without

requirement of bond.

(b) Corporate Fiduciary Exempted From Bond. If a personal

representative is a corporate fiduciary, as said term is defined

in this Code, no bond shall be required.

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

by Acts 1995, 74th Leg., ch. 1039, Sec. 12, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 196. FORM OF BOND. The following form, or the same in

substance, may be used for the bonds of personal representatives:

"The State of Texas

"County of ______

"Know all men by these presents that we, A. B., as principal, and

E. F., as sureties, are held and firmly bound unto the county (or

probate) judge of the County of ______, and his successors in

office, in the sum of ______ Dollars; conditioned that the above

bound A. B., who has been appointed executor of the last will and

testament of J. C., deceased (or has been appointed by the said

judge of ______ County, administrator with the will annexed of

the estate of J. C., deceased, or has been appointed by the said

judge of ______ County, administrator of the estate of J. C.,

deceased, or has been appointed by the said judge of ______

County, temporary administrator of the estate of J. C., deceased,

as the case may be), shall well and truly perform all of the

duties required of him by law under said appointment."

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 32, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 197. BONDS TO BE FILED. All bonds required by preceding

provisions of this Code shall be subscribed by both principals

and sureties, and, when approved by the court, be filed with the

clerk.

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

Text of article effective until January 01, 2014

Sec. 198. BONDS OF JOINT REPRESENTATIVES. When two or more

persons are appointed representatives of the same estate or

person and are required by the provisions of this Code or by the

court to give a bond, the court may require either a separate

bond from each or one joint bond from all of them.

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

Text of article effective until January 01, 2014

Sec. 199. BONDS OF MARRIED PERSONS. When a married person is

appointed personal representative, the person may, jointly with,

or without, his or her spouse, execute such bond as the law

requires; and such bond shall bind the person's separate estate,

but shall bind his or her spouse only if signed by the spouse.

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

by Acts 1979, 66th Leg., p. 39, ch. 24, Sec. 24, eff. Aug. 27,

1979.

Text of article effective until January 01, 2014

Sec. 200. BOND OF MARRIED PERSON UNDER EIGHTEEN YEARS OF AGE.

When a person under eighteen years of age who is or has been

married shall accept and qualify as executor or administrator,

any bond required to be executed by him shall be as valid and

binding for all purposes as if he were of lawful age.

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

by Acts 1975, 64th Leg., p. 105, ch. 45, Sec. 3, eff. Sept. 1,

1975; Acts 1993, 73rd Leg., ch. 957, Sec. 33, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 201. (A) AFFIDAVIT OF PERSONAL SURETY; (B) LIEN ON SPECIFIC

PROPERTY, WHEN REQUIRED; (C) SUBORDINATION OF LIEN AUTHORIZED.

(a) Affidavit of Personal Surety. Before the judge may consider a

bond with personal sureties, each person offered as surety shall

execute an affidavit stating the amount of his assets, reachable

by creditors, of a value over and above his liabilities, the

total of the worth of such sureties to be equal to at least

double the amount of the bond, and such affidavit shall be

presented to the judge for his consideration and, if approved,

shall be attached to and form part of the bond.

(b) Lien on Specific Property, When Required. If the judge finds

that the estimated value of personal property of the estate which

cannot be deposited or held in safekeeping as hereinabove

provided is such that personal sureties cannot be accepted

without the creation of a specific lien on real property of such

sureties, he shall enter an order requiring that each surety

designate real property owned by him within this State subject to

execution, of a value over and above all liens and unpaid taxes,

equal at least to the amount of the bond, giving an adequate

legal description of such property, all of which shall be

incorporated in an affidavit by the surety, approved by the

judge, and be attached to and form part of the bond. If

compliance with such order is not had, the judge may in his

discretion require that the bond be signed by an authorized

corporate surety, or by such corporate surety and two (2) or more

personal sureties.

(c) Subordination of Lien Authorized. If a personal surety who

has been required to create a lien on specific real estate

desires to lease such property for mineral development, he may

file his written application in the court in which the

proceedings are pending, requesting subordination of such lien to

the proposed lease, and the judge of such court may, in his

discretion, enter an order granting such application. A certified

copy of such order, filed and recorded in the deed records of the

proper county, shall be sufficient to subordinate such lien to

the rights of a lessee, in the proposed lease.

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

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 6(c).

Text of article effective until January 01, 2014

Sec. 202. BOND AS LIEN ON REAL PROPERTY OF SURETY. When a

personal surety has been required by the court to create a lien

on specific real property as a condition of his acceptance as

surety on a bond, a lien on the real property of the surety in

this State which is described in the affidavit of the surety, and

only upon such property, shall arise as security for the

performance of the obligation of the bond. The clerk of the court

shall, before letters are issued to the representative, cause to

be mailed to the office of the county clerk of each county in

which is located any real property as set forth in the affidavit

of the surety, a statement signed by the clerk, giving a

sufficient description of such real property, the name of the

principal and sureties, the amount of the bond, and the name of

the estate and the court in which the bond is given. The county

clerk to whom such statement is sent shall record the same in the

deed records of the county. All such recorded statements shall be

duly indexed in such manner that the existence and character of

the liens may conveniently be determined, and such recording and

indexing of such statement shall constitute and be constructive

notice to all persons of the existence of such lien on such real

property situated in such county, effective as of date of such

indexing.

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

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 6(d).

Text of article effective until January 01, 2014

Sec. 203. WHEN NEW BOND MAY BE REQUIRED. A personal

representative may be required to give a new bond in the

following cases:

(a) When the sureties upon the bond, or any one of them, shall

die, remove beyond the limits of the state, or become insolvent;

or

(b) When, in the opinion of the court, the sureties upon any such

bond are insufficient; or

(c) When, in the opinion of the court, any such bond is

defective; or

(d) When the amount of any such bond is insufficient; or

(e) When the sureties, or any one of them, petitions the court to

be discharged from future liability upon such bond; or

(f) When the bond and the record thereof have been lost or

destroyed.

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

Text of article effective until January 01, 2014

Sec. 204. DEMAND FOR NEW BOND BY INTERESTED PERSON. Any person

interested in an estate may, upon application in writing filed

with the county clerk of the county where the probate proceedings

are pending, alleging that the bond of the personal

representative is insufficient or defective, or has been,

together with the record thereof, lost or destroyed, cause such

representative to be cited to appear and show cause why he should

not give a new bond.

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

Text of article effective until January 01, 2014

Sec. 205. JUDGE TO REQUIRE NEW BOND. When it shall be known to

him that any such bond is in any respect insufficient or that it

has, together with the record thereof, been lost or destroyed,

the judge shall:

(1) without delay and without notice enter an order requiring

the representative to give a new bond; or

(2) without delay cause the representative to be cited to show

cause why he should not give a new bond.

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

Amended by:

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

683, Sec. 1, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 206. ORDER REQUIRING NEW BOND. (a) The order entered

under Section 205(1) of this code must state the reasons for

requiring a new bond, the amount of the new bond, and the time

within which the new bond must be given, which may not be earlier

than the 10th day after the date of the order. If the personal

representative opposes the order, the personal representative may

demand a hearing on the order. The hearing must be held before

the expiration of the time within which the new bond must be

given.

(b) Upon the return of a citation ordering a personal

representative to show cause why he should not give a new bond,

the judge shall, on the day named therein for the hearing of the

matter, proceed to inquire into the sufficiency of the reasons

for requiring a new bond; and, if satisfied that a new bond

should be required, he shall enter an order to that effect,

stating in such order the amount of such new bond, and the time

within which it shall be given, which shall not be later than

twenty days from the date of such order.

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

Amended by:

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

683, Sec. 1, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 207. ORDER SUSPENDS POWERS OF PERSONAL REPRESENTATIVE. When

a personal representative is required to give a new bond, the

order requiring such bond shall have the effect to suspend his

powers, and he shall not thereafter pay out any money of said

estate or do any other official act, except to preserve the

property of the estate, until such new bond has been given and

approved.

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

Text of article effective until January 01, 2014

Sec. 208. DECREASE IN AMOUNT OF BOND. A personal representative

required to give bond may at any time file with the clerk a

written application to the court to have his bond reduced.

Forthwith the clerk shall issue and cause to be posted notice to

all persons interested and to the surety or sureties on the bond,

apprising them of the fact and nature of the application and of

the time when the judge will hear the application. The judge, in

his discretion, upon the submission of proof that a smaller bond

than the one in effect will be adequate to meet the requirements

of the law and protect the estate, and upon the approval of an

accounting filed at the time of the application, may permit the

filing of a new bond in a reduced amount.

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

Text of article effective until January 01, 2014

Sec. 209. DISCHARGE OF SURETIES UPON EXECUTION OF NEW BOND. When

a new bond has been given and approved, an order shall be entered

discharging the sureties upon the former bond from all liability

for the future acts of the principal.

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

Text of article effective until January 01, 2014

Sec. 210. RELEASE OF SURETIES BEFORE ESTATE FULLY ADMINISTERED.

The sureties upon the bond of a personal representative, or any

one of them, may at any time file with the clerk a petition to

the court in which the proceedings are pending, praying that such

representative be required to give a new bond and that

petitioners be discharged from all liability for the future acts

of such representative; whereupon, such representative shall be

cited to appear and give a new bond.

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

Text of article effective until January 01, 2014

Sec. 211. RELEASE OF LIEN BEFORE ESTATE FULLY ADMINISTERED. If a

personal surety who has given a lien on specific real property as

security applies to the court to have the lien released, the

court shall order the release requested, if the court is

satisfied that the bond is sufficient without the lien on such

property, or if sufficient other real or personal property of the

surety is substituted on the same terms and conditions required

for the lien which is to be released. If such personal surety who

requests the release of the lien does not offer a lien on other

real or personal property, and if the court is not satisfied of

the sufficiency of the bond without the substitution of other

property, the court shall order the personal representative to

appear and give a new bond.

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

Text of article effective until January 01, 2014

Sec. 212. RELEASE OF RECORDED LIEN ON SURETY'S PROPERTY. A

certified copy of the court's order describing the property, and

releasing the lien, filed with the county clerk of the county

where the property is located, and recorded in the deed records,

shall have the effect of cancelling the lien on such property.

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

Text of article effective until January 01, 2014

Sec. 213. REVOCATION OF LETTERS FOR FAILURE TO GIVE BOND. If at

any time a personal representative fails to give bond as required

by the court, within the time fixed by this Code, another person

may be appointed in his stead.

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

Text of article effective until January 01, 2014

Sec. 214. EXECUTOR WITHOUT BOND REQUIRED TO GIVE BOND. Where no

bond is required of an executor appointed by will, any person

having a debt, claim, or demand against the estate, to the

justice of which oath has been made by himself, his agent, or

attorney, or any other person interested in such estate, whether

in person or as the representative of another, may file a

complaint in writing in the court where such will is probated,

and the court shall thereupon cite such executor to appear and

show cause why he should not be required to give bond.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 215. ORDER REQUIRING BOND. Upon hearing such complaint, if

it appears to the court that such executor is wasting,

mismanaging, or misapplying such estate, and that thereby a

creditor may probably lose his debt, or that thereby some

person's interest in the estate may be diminished or lost, the

court shall enter an order requiring such executor to give bond

within ten days from the date of such order.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 216. BOND IN SUCH CASE. Such bond shall be for an amount

sufficient to protect the estate and its creditors, to be

approved by, and payable to, the judge, conditioned that said

executor will well and truly administer such estate, and that he

will not waste, mismanage, or misapply the same.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 217. FAILURE TO GIVE BOND. Should the executor fail to give

such bond within ten days after the order requiring him to do so,

then if the judge does not extend the time, he shall, without

citation, remove such executor and appoint some competent person

in his stead who shall administer the estate according to the

provisions of such will or the law, and who, before he enters

upon the administration of said estate, shall take the oath

required of an administrator with the will annexed, and shall

give bond in the same manner and in the same amount provided in

this Code for the issuance of original letters of administration.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 34, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 218. BONDS NOT VOID UPON FIRST RECOVERY. The bonds of

personal representative shall not become void upon the first

recovery, but may be put in suit and prosecuted from time to time

until the whole amount thereof shall have been recovered.

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

PART 3. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL

Text of article effective until January 01, 2014

Sec. 220. APPOINTMENT OF SUCCESSOR REPRESENTATIVE. (a) Because

of Death, Resignation or Removal. When a person duly appointed a

personal representative fails to qualify, or, after qualifying,

dies, resigns, or is removed, the court may, upon application

appoint a successor if there be necessity therefor, and such

appointment may be made prior to the filing of, or action upon, a

final accounting. In case of death, the legal representatives of

the deceased person shall account for, pay, and deliver to the

person or persons legally entitled to receive the same, all the

property of every kind belonging to the estate entrusted to his

care, at such time and in such manner as the court shall order.

Upon the finding that a necessity for the immediate appointment

of a successor representative exists, the court may appoint such

successor without citation or notice.

(b) Because of Existence of Prior Right. Where letters have been

granted to one, and another whose right thereto is prior and who

has not waived such right and is qualified, applies for letters,

the letters previously granted shall be revoked and other letters

shall be granted to the applicant.

(c) When Named Executor Becomes an Adult. If one named in a will

as executor is not an adult when the will is probated and letters

in any capacity have been granted to another, such nominated

executor, upon proof that he has become an adult and is not

otherwise disqualified, shall be entitled to have such former

letters revoked and appropriate letters granted to him. And if

the will names two or more persons as executor, any one or more

of whom are minors when such will is probated, and letters have

been issued to such only as are adults, said minor or minors,

upon becoming adults, if not otherwise disqualified, shall be

permitted to qualify and receive letters.

(d) Upon Return of Sick or Absent Executor. If one named in a

will as executor was sick or absent from the State when the

testator died, or when the will was proved, and therefore could

not present the will for probate within thirty days after the

testator's death, or accept and qualify as executor within twenty

days after the probate of the will, he may accept and qualify as

executor within sixty days after his return or recovery from

sickness, upon proof to the court that he was absent or ill; and,

if the letters have been issued to others, they shall be revoked.

(e) When Will Is Discovered After Administration Granted. If it

is discovered after letters of administration have been issued

that the deceased left a lawful will, the letters shall be

revoked and proper letters issued to the person or persons

entitled thereto.

(f) When Application and Service Necessary. Except when otherwise

expressly provided in this Code, letters shall not be revoked and

other letters granted except upon application, and after personal

service of citation on the person, if living, whose letters are

sought to be revoked, that he appear and show cause why such

application should not be granted.

(g) Payment or Tender of Money Due During Vacancy. Money or other

thing of value falling due to an estate while the office of the

personal representative is vacant may be paid, delivered, or

tendered to the clerk of the court for credit of the estate, and

the debtor, obligor, or payor shall thereby be discharged of the

obligation for all purposes to the extent and purpose of such

payment or tender. If the clerk accepts such payment or tender,

he shall issue a proper receipt therefor.

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

by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,

1969; Acts 1993, 73rd Leg., ch. 957, Sec. 35, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 221. RESIGNATION. (a) Application to Resign. A personal

representative who wishes to resign his trust shall file with the

clerk his written application to the court to that effect,

accompanied by a full and complete exhibit and final account,

duly verified, showing the true condition of the estate entrusted

to his care.

(b) Successor Representatives. If the necessity exists, the court

may immediately accept a resignation and appoint a successor, but

shall not discharge the person resigning, or release him or the

sureties on his bond until final order or judgment shall have

been rendered on his final account.

(c) Citation. Upon the filing of an application to resign,

supported by exhibit and final account, the clerk shall call the

application to the attention of the judge, who shall set a date

for a hearing upon the matter. The clerk shall then issue a

citation to all interested persons, showing that proper

application has been filed, and the time and place set for

hearing, at which time said persons may appear and contest the

exhibit and account. The citation shall be posted, unless the

court directs that it be published.

(d) Hearing. At the time set for hearing, unless it has been

continued by the court, if the court finds that citation has been

duly issued and served, he shall proceed to examine such exhibit

and account, and hear all evidence for and against the same, and

shall, if necessary, restate, and audit and settle the same. If

the court is satisfied that the matters entrusted to the

applicant have been handled and accounted for in accordance with

law, he shall enter an order of approval, and require that the

estate remaining in the possession of the applicant, if any, be

delivered to the person or persons entitled by law to receive it.

(e) Requisites of Discharge. No resigning personal representative

shall be discharged until the application has been heard, the

exhibit and account examined, settled, and approved, and until he

has satisfied the court that he has delivered the estate, if

there be any remaining in his possession, or has complied with

all lawful orders of the court with relation to his trust.

(f) Final Discharge. When the resigning applicant has complied in

all respects with the orders of the court, an order shall be made

accepting the resignation, discharging the applicant, and, if he

is under bond, his sureties.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 36, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 221A. CHANGE OF RESIDENT AGENT. (a) A personal

representative may change its resident agent to accept service of

process in a probate proceeding or other action relating to the

estate by filing a statement of the change titled "Designation of

Successor Resident Agent" with the court in which the probate

proceeding is pending. The statement must contain the names and

addresses of the:

(1) personal representative;

(2) resident agent; and

(3) successor resident agent.

(b) The designation of a successor resident agent made in a

statement filed under this section takes effect on the date on

which the statement is filed with the court.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 7, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 221B. RESIGNATION OF RESIDENT AGENT. (a) A resident agent

of a personal representative may resign as the resident agent by

giving notice to the personal representative and filing with the

court in which the probate proceeding is pending a statement

titled "Resignation of Resident Agent" that:

(1) contains the name of the personal representative;

(2) contains the address of the personal representative most

recently known by the resident agent;

(3) states that notice of the resignation has been given to the

personal representative and that the personal representative has

not designated a successor resident agent; and

(4) contains the date on which the notice of the resignation was

given to the personal representative.

(b) The resident agent shall send, by certified mail, return

receipt requested, a copy of a resignation statement filed under

Subsection (a) of this section to:

(1) the personal representative at the address most recently

known by the agent; and

(2) each party in the case or the party's attorney or other

designated representative of record.

(c) The resignation of a resident agent takes effect on the date

on which the court enters an order accepting the agent's

resignation. A court may not enter an order accepting the agent's

resignation unless the agent complies with the requirements of

this section.

Added by Acts 1999, 76th Leg., ch. 855, Sec. 7, eff. Sept. 1,

1999.

Text of article effective until January 01, 2014

Sec. 222. REMOVAL. (a) Without Notice. (1) The court, on its own

motion or on motion of any interested person, and without notice,

may remove any personal representative, appointed under

provisions of this Code, who:

(A) Neglects to qualify in the manner and time required by law;

(B) Fails to return within ninety days after qualification,

unless such time is extended by order of the court, an inventory

of the property of the estate and list of claims that have come

to his knowledge;

(C) Having been required to give a new bond, fails to do so

within the time prescribed;

(D) Absents himself from the State for a period of three months

at one time without permission of the court, or removes from the

State;

(E) Cannot be served with notices or other processes because of

the fact that the:

(i) personal representative's whereabouts are unknown;

(ii) personal representative is eluding service; or

(iii) personal representative is a nonresident of this state who

does not have a resident agent to accept service of process in

any probate proceeding or other action relating to the estate; or

(F) Has misapplied, embezzled, or removed from the State, or is

about to misapply, embezzle, or remove from the State, all or any

part of the property committed to the personal representative's

care.

(2) The court may remove a personal representative under

Paragraph (F), Subdivision (1), of this subsection only on the

presentation of clear and convincing evidence given under oath.

(b) With Notice. The court may remove a personal representative

on its own motion, or on the complaint of any interested person,

after the personal representative has been cited by personal

service to answer at a time and place fixed in the notice, when:

(1) Sufficient grounds appear to support belief that the

personal representative has misapplied, embezzled, or removed

from the state, or that the personal representative is about to

misapply, embezzle, or remove from the state, all or any part of

the property committed to the personal representative's care;

(2) The personal representative fails to return any account

which is required by law to be made;

(3) The personal representative fails to obey any proper order

of the court having jurisdiction with respect to the performance

of the personal representative's duties;

(4) The personal representative is proved to have been guilty of

gross misconduct, or mismanagement in the performance of the

personal representative's duties;

(5) The personal representative becomes an incapacitated person,

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

becomes incapable of properly performing the duties of the

personal representative's trust;

(6) As executor or administrator, the personal representative

fails to make a final settlement within three years after the

grant of letters, unless the time be extended by the court upon a

showing of sufficient cause supported by oath; or

(7) As executor or administrator, the personal representative

fails to timely file the affidavit or certificate required by

Section 128A of this code.

(c) Order of Removal. The order of removal shall state the cause

thereof. It shall require that any letters issued to the one

removed shall, if he has been personally served with citation, be

surrendered, and that all such letters be cancelled of record,

whether delivered or not. It shall further require, as to all the

estate remaining in the hands of a removed person, delivery

thereof to the person or persons entitled thereto, or to one who

has been appointed and has qualified as successor representative.

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

by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,

1969; Acts 1989, 71st Leg., ch. 1035, Sec. 11, eff. Sept. 1,

1989; Acts 1993, 73rd Leg., ch. 905, Sec. 11, eff. Sept. 1, 1993;

Acts 1993, 73rd Leg., ch. 957, Sec. 37, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 1039, Sec. 13, eff. Sept. 1, 1995; Acts

1999, 76th Leg., ch. 855, Sec. 8, eff; Sept. 1, 1999.

Amended by:

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

801, Sec. 4, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 222A. REINSTATEMENT AFTER REMOVAL. (a) Not later than the

10th day after the date the court signs the order of removal, a

personal representative who is removed under Subsection (a)(1)(F)

or (G), Section 222, of this code may file an application with

the court for a hearing to determine whether the personal

representative should be reinstated.

(b) On the filing of an application for a hearing under this

section, the court clerk shall issue a notice stating that the

application for reinstatement was filed, the name of the

decedent, and the name of the applicant. The clerk shall issue

the notice to the applicant and to the successor representative

of the decedent's estate. The notice must cite all persons

interested in the estate to appear at the time and place stated

in the notice if they wish to contest the application.

(c) If, at the conclusion of a hearing under this section, the

court is satisfied by a preponderance of the evidence that the

applicant did not engage in the conduct that directly led to the

applicant's removal, the court shall set aside an order

appointing a successor representative, if any, and shall enter an

order reinstating the applicant as personal representative of the

ward or estate.

(d) If the court sets aside the appointment of a successor

representative under this section, the court may require the

successor representative to prepare and file, under oath, an

accounting of the estate and to detail the disposition the

successor has made of the property of the estate.

Added by Acts 1993, 73rd Leg., ch. 905, Sec. 12, eff. Sept. 1,

1993.

Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1060, Sec. 12,

eff. Sept. 1, 2003.

PART 4. SUBSEQUENT PERSONAL REPRESENTATIVES

Text of article effective until January 01, 2014

Sec. 223. FURTHER ADMINISTRATION WITH OR WITHOUT WILL ANNEXED.

Whenever any estate is unrepresented by reason of the death,

removal, or resignation of the personal representative of such

estate, the court shall grant further administration of the

estate when necessary, and with the will annexed where there is a

will, upon application therefor by a qualified person interested

in the estate. Such appointments shall be made on notice and

after hearing, as in case of original appointments, except that

when the court finds that there is a necessity for the immediate

appointment of a successor representative, such successor may be

appointed upon application but without citation or notice.

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

by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 224. SUCCESSORS SUCCEED TO PRIOR RIGHTS, POWERS, AND DUTIES.

When a representative of the estate not administered succeeds

another, he shall be clothed with all rights, powers, and duties

of his predecessor, except such rights and powers conferred on

the predecessor by will which are different from those conferred

by this Code on personal representatives generally. Subject to

this exception, the successor shall proceed to administer such

estate in like manner as if his administration were a

continuation of the former one. He shall be required to account

for all the estate which came into the hands of his predecessor

and shall be entitled to any order or remedy which the court has

power to give in order to enforce the delivery of the estate and

the liability of the sureties of his predecessor for so much as

is not delivered. He shall be excused from accounting for such of

the estate as he has failed to recover after due diligence.

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

Text of article effective until January 01, 2014

Sec. 225. ADDITIONAL POWERS OF SUCCESSOR APPOINTEE. In addition,

such appointee may make himself, and may be made, a party to

suits prosecuted by or against his predecessors. He may settle

with the predecessor, and receive and receipt for all such

portion of the estate as remains in his hands. He may bring suit

on the bond or bonds of the predecessor in his own name and

capacity, for all the estate that came into the hands of the

predecessor and has not been accounted for by him.

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

Text of article effective until January 01, 2014

Sec. 226. SUBSEQUENT EXECUTORS ALSO SUCCEED TO PRIOR RIGHTS AND

DUTIES. Whenever an executor shall accept and qualify after

letters of administration shall have been granted upon the

estate, such executor shall, in like manner, succeed to the

previous administrator, and he shall administer the estate in

like manner as if his administration were a continuation of the

former one, subject, however, to any legal directions of the

testator contained in the will in relation to the estate.

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

by Acts 1993, 73rd Leg., ch. 957, Sec. 38, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 227. SUCCESSORS RETURN OF INVENTORY, APPRAISEMENT, AND LIST

OF CLAIMS. An appointee who has been qualified to succeed to a

prior personal representative shall make and return to the court

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

within ninety days after being qualified, in like manner as is

required of original appointees; and he shall also in like manner

return additional inventories, appraisements, and lists of

claims. In all orders appointing successor representatives of

estates, the court shall appoint appraisers as in original

appointments upon the application of any person interested in the

estate.

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

by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12,

1969.

PART 5. GENERAL POWERS OF PERSONAL REPRESENTATIVES

Text of article effective until January 01, 2014

Sec. 230. CARE OF PROPERTY OF ESTATES. The executor or

administrator shall take care of the property of the estate of

his testator or intestate as a prudent man would take of his own

property, and if there be any buildings belonging to the estate,

he shall keep the same in good repair, extraordinary casualties

excepted, unless directed not to do so by an order of the court.

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

by Acts 1975, 64th Leg., p. 268, ch. 114, Sec. 1, eff. April 30,

1975; Acts 1993, 73rd Leg., ch. 957, Sec. 39, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 232. REPRESENTATIVE OF ESTATE SHALL TAKE POSSESSION OF

PERSONAL PROPERTY AND RECORDS. The personal representative of an

estate, immediately aft