Texas · statute · Tex. Estates Code · 1,859 active provisions
(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute…
(a) Except as provided by Section 22.027 or 1002.023, Chapter 311, Government Code (Code Construction Act), applies to the construction of a provision of this code. (b) This code and the Texas Probate Code, as amended, shall be considered one continuous statute, and for the purposes of any instrument that refers to the…
A reference in a law other than in this code to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute.
The division of this code into titles, subtitles, chapters, subchapters, parts, subparts, sections, subsections, subdivisions, paragraphs, and subparagraphs is for convenience and does not have any legal effect.
Chapter 132, Civil Practice and Remedies Code, does not apply to Subchapter C, Chapter 251.
The procedure prescribed by Title 2 governs all probate proceedings.
(a) Except as provided by Subsection (b), the definition for a term provided by this chapter applies in this code unless a different meaning of the term is otherwise apparent from the context in which the term is used. (b) If Title 3 provides a definition for a term that is different from the definition provided by thi…
"Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state for the purpose of issuing surety, guaranty, or indemnity bonds that guarantee the fidelity of an executor or administrator.
"Charitable organization" means: (1) a nonprofit corporation, trust, community chest, fund, foundation, or other entity that is: (A) exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being described by Section 501(c)(3) of that code; and (B) organized and operated exclusively for: (…
(a) "Child" includes an adopted child, regardless of whether the adoption occurred through: (1) an existing or former statutory procedure; or (2) an equitable adoption or acts of estoppel. (b) The term "child" does not include a child who does not have a presumed father unless a provision of this code expressly states…
"Claims" includes: (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise; (2) funeral expenses; (3) the expense of a tombstone; (4) expenses of administration; (5) estate and inheritance taxes; and (6) debts due suc…
"Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that: (1) is existing or engaged in business under the laws of this state, another state, or the United States; (2) has trust powers; and (3) is authorized by law to act under the order or appointment of a court of record,…
(a) "Court" means and includes: (1) a county court in the exercise of its probate jurisdiction; (2) a court created by statute and authorized to exercise original probate jurisdiction; and (3) a district court exercising original probate jurisdiction in a contested matter. (b) The terms "county court" and "probate cour…
"Devise": (1) used as a noun, includes a testamentary disposition of real property, personal property, or both; and (2) used as a verb, means to dispose of real property, personal property, or both, by will.
"Devisee" includes a legatee.
"Distributee" means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution.
"Docket" means the probate docket.
"Estate" means a decedent's property, as that property: (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise; (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a tru…
"Exempt property" means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property.
"Governmental agency of the state" means: (1) a municipality; (2) a county; (3) a public school district; (4) a special-purpose district or authority; (5) a board, commission, department, office, or other agency in the executive branch of state government, including an institution of higher education, as defined by Sec…
"Heir" means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. The term includes the decedent's surviving spouse.
A person is "incapacitated" if the person: (1) is a minor; (2) is an adult who, because of a physical or mental condition, is substantially unable to: (A) provide food, clothing, or shelter for himself or herself; (B) care for the person's own physical health; or (C) manage the person's own financial affairs; or (3) mu…
"Independent executor" means the personal representative of an estate under independent administration as provided by Chapter 401 and Section 402.001. The term includes an independent administrator.
"Interested person" or "person interested" means: (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and (2) anyone interested in the welfare of an incapacitated person, including a minor.
"Judge" means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is: (1) a county court in the exercise of its probate jurisdiction; (2) a court created by statute and authorized to exercise probate jurisdiction; or (3) a district court exercising pro…