Texas Estates Code
Sections 1–300
- § 21.001PURPOSE OF CODE
- § 21.002CONSTRUCTION
- § 21.003STATUTORY REFERENCES
- § 21.004EFFECT OF DIVISION OF LAW
- § 21.005APPLICABILITY OF CERTAIN LAWS
- § 21.006APPLICABILITY TO PROBATE PROCEEDINGS
- § 22.001APPLICABILITY OF DEFINITIONS
- § 22.002AUTHORIZED CORPORATE SURETY
- § 22.003CHARITABLE ORGANIZATION
- § 22.004CHILD
- § 22.005CLAIMS
- § 22.006CORPORATE FIDUCIARY
- § 22.007COURT; COUNTY COURT, PROBATE COURT, AND STATUTORY PROBATE COURT
- § 22.008DEVISE
- § 22.009DEVISEE
- § 22.010DISTRIBUTEE
- § 22.011DOCKET
- § 22.012ESTATE
- § 22.013EXEMPT PROPERTY
- § 22.014GOVERNMENTAL AGENCY OF THE STATE
- § 22.015HEIR
- § 22.016INCAPACITATED PERSON
- § 22.017INDEPENDENT EXECUTOR
- § 22.018INTERESTED PERSON; PERSON INTERESTED
- § 22.019JUDGE
- § 22.020LEGACY
- § 22.021LEGATEE
- § 22.022MINOR
- § 22.024MORTGAGE; LIEN
- § 22.025NET ESTATE
- § 22.026NEXT OF KIN
- § 22.027PERSON
- § 22.028PERSONAL PROPERTY
- § 22.029PROBATE MATTER; PROBATE PROCEEDINGS; PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE
- § 22.0295QUALIFIED DELIVERY METHOD
- § 22.030REAL PROPERTY
- § 22.031REPRESENTATIVE; PERSONAL REPRESENTATIVE
- § 22.032SURETY
- § 22.033WARD
- § 22.034WILL
- § 31.001SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF CODE
- § 31.002MATTERS RELATED TO PROBATE PROCEEDING
- § 32.001GENERAL PROBATE COURT JURISDICTION; APPEALS
- § 32.002ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS
- § 32.003JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT
- § 32.004JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT
- § 32.005EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT
- § 32.006JURISDICTION OF STATUTORY PROBATE COURT WITH RESPECT TO TRUSTS AND POWERS OF ATTORNEY
- § 32.007CONCURRENT JURISDICTION WITH DISTRICT COURT
- § 33.001PROBATE OF WILLS AND GRANTING OF LETTERS TESTAMENTARY AND OF ADMINISTRATION
- § 33.002ACTION RELATED TO PROBATE PROCEEDING IN STATUTORY PROBATE COURT
- § 33.003CERTAIN ACTIONS INVOLVING PERSONAL REPRESENTATIVE
- § 33.004HEIRSHIP PROCEEDINGS
- § 33.005CERTAIN ACTIONS INVOLVING BREACH OF FIDUCIARY DUTY
- § 33.051COMMENCEMENT OF PROCEEDING
- § 33.052CONCURRENT VENUE
- § 33.053PROBATE PROCEEDINGS IN MORE THAN ONE COUNTY
- § 33.054JURISDICTION TO DETERMINE VENUE
- § 33.055PROTECTION FOR CERTAIN PURCHASERS
- § 33.101TRANSFER TO OTHER COUNTY IN WHICH VENUE IS PROPER
- § 33.102TRANSFER FOR WANT OF VENUE
- § 33.103TRANSFER FOR CONVENIENCE
- § 33.104VALIDATION OF PREVIOUS PROCEEDINGS
- § 33.105TRANSFER OF PROBATE PROCEEDING RECORD
- § 34.001TRANSFER TO STATUTORY PROBATE COURT OF PROCEEDING RELATED TO PROBATE PROCEEDING
- § 34.002ACTIONS TO COLLECT DELINQUENT PROPERTY TAXES
- § 51.001ISSUANCE OF NOTICE OR PROCESS IN GENERAL
- § 51.002DIRECTION OF WRIT OR OTHER PROCESS
- § 51.003CONTENTS OF CITATION OR NOTICE
- § 51.051PERSONAL SERVICE
- § 51.052SERVICE BY MAIL OR PRIVATE DELIVERY
- § 51.053SERVICE BY POSTING
- § 51.054SERVICE BY PUBLICATION
- § 51.055SERVICE ON PARTY'S ATTORNEY OF RECORD
- § 51.056SERVICE ON PERSONAL REPRESENTATIVE OR RECEIVER
- § 51.057SERVICE REGARDING CERTAIN DECEASED PERSONS
- § 51.101REQUIREMENTS FOR RETURN ON CITATION OR NOTICE SERVED BY PERSONAL SERVICE
- § 51.102VALIDITY OF SERVICE AND RETURN ON CITATION OR NOTICE SERVED BY POSTING
- § 51.103PROOF OF SERVICE
- § 51.104RETURN TO COURT
- § 51.151COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES
- § 51.201WAIVER OF NOTICE OF HEARING
- § 51.202REQUEST FOR NOTICE OF FILING OF PLEADING
- § 51.203SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN CERTAIN MATTERS
- § 52.001PROBATE DOCKET
- § 52.002CLAIM DOCKET
- § 52.003PROBATE FEE BOOK
- § 52.004ALTERNATE RECORDKEEPING
- § 52.051FILING PROCEDURES
- § 52.052CASE FILES
- § 52.053INDEX
- § 53.001ENFORCEMENT OF JUDGE'S ORDERS
- § 53.051APPLICABILITY OF CERTAIN LAWS
- § 53.052SECURITY FOR CERTAIN COSTS
- § 53.053EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS
- § 53.054EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, AND OTHERS
- § 53.101CALLING OF DOCKETS
- § 53.102SETTING OF CERTAIN HEARINGS BY CLERK
- § 53.103RENDERING OF DECISIONS, ORDERS, DECREES, AND JUDGMENTS
- § 53.104APPOINTMENT OF ATTORNEYS AD LITEM
- § 53.106EXECUTIONS IN PROBATE MATTERS
- § 53.107INAPPLICABILITY OF CERTAIN RULES OF CIVIL PROCEDURE
- § 54.001EFFECT OF FILING OR CONTESTING PLEADING
- § 54.002DEFECT IN PLEADING
- § 54.051APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE
- § 54.052USE OF CERTAIN RECORDS AS EVIDENCE
- § 55.001OPPOSITION IN PROBATE PROCEEDING
- § 55.002TRIAL BY JURY
- § 55.051DEFINITION
- § 55.052NECESSARY PARTY
- § 55.053SERVICE OF PROCESS
- § 55.101ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS AND RECORDS
- § 55.102RELEASE OF RECORDS
- § 55.151ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
- § 55.152BOND
- § 55.201COMPLAINT AND CITATION
- § 55.202HEARING AND ORDER
- § 55.203CONVEYANCE
- § 55.251REVISION AND CORRECTION OF ORDER OR JUDGMENT IN PROBATE PROCEEDING
- § 55.252INJUNCTION
- § 56.001CHANGE OF RESIDENT AGENT
- § 56.002RESIGNATION OF RESIDENT AGENT
- § 101.001PASSAGE OF ESTATE ON DECEDENT'S DEATH
- § 101.002EFFECT OF JOINT OWNERSHIP OF PROPERTY
- § 101.003POSSESSION OF ESTATE BY PERSONAL REPRESENTATIVE
- § 101.051LIABILITY OF ESTATE FOR DEBTS IN GENERAL
- § 101.052LIABILITY OF COMMUNITY PROPERTY FOR DEBTS
- § 102.001TREATMENT OF CERTAIN CHILDREN
- § 102.002HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF THE HOMESTEAD
- § 102.003PASSAGE OF HOMESTEAD
- § 102.004LIABILITY OF HOMESTEAD FOR DEBTS
- § 102.005PROHIBITIONS ON PARTITION OF HOMESTEAD
- § 102.006CIRCUMSTANCES UNDER WHICH PARTITION OF HOMESTEAD IS AUTHORIZED
- § 111.001RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED
- § 111.002AGREEMENTS CONCERNING COMMUNITY PROPERTY
- § 111.051DEFINITIONS
- § 111.052VALIDITY OF CERTAIN NONTESTAMENTARY INSTRUMENTS AND PROVISIONS
- § 111.053CREDITOR'S RIGHTS NOT LIMITED
- § 111.054APPLICATION OF STATE LAW TO CERTAIN NONTESTAMENTARY TRANSFERS
- § 111.101DEFINITIONS
- § 111.102PROVISION OF INFORMATION TO PERSONAL REPRESENTATIVE OF DECEASED PARTY
- § 112.001DEFINITION OF COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
- § 112.002APPLICABILITY OF OTHER LAW TO COMMUNITY PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS
- § 112.051AGREEMENT FOR RIGHT OF SURVIVORSHIP IN COMMUNITY PROPERTY
- § 112.052FORM OF AGREEMENT
- § 112.053ADJUDICATION NOT REQUIRED
- § 112.054REVOCATION OF AGREEMENT
- § 112.101APPLICATION AUTHORIZED
- § 112.102PROOF REQUIRED BY COURT
- § 112.103METHOD OF PROOF OF SIGNATURES
- § 112.104COURT ACTION; ISSUANCE OF ORDER
- § 112.105EFFECT OF ORDER
- § 112.106CUSTODY OF ADJUDICATED AGREEMENT
- § 112.151OWNERSHIP OF PROPERTY DURING MARRIAGE; MANAGEMENT RIGHTS
- § 112.152NONTESTAMENTARY NATURE OF TRANSFERS UNDER AGREEMENT
- § 112.201DEFINITION OF CERTIFIED COPY
- § 112.202ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT
- § 112.203PERSONAL REPRESENTATIVE WITHOUT ACTUAL KNOWLEDGE OF AGREEMENT
- § 112.204THIRD-PARTY PURCHASER WITHOUT NOTICE OF AGREEMENT
- § 112.205DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF AGREEMENT
- § 112.206THIRD-PARTY PURCHASER WITHOUT NOTICE OF REVOCATION OF AGREEMENT
- § 112.207DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF REVOCATION OF AGREEMENT
- § 112.208RIGHTS OF SURVIVING SPOUSE AGAINST CREDITORS
- § 112.251MULTIPLE-PARTY ACCOUNTS
- § 112.252LIABILITIES OF DECEASED SPOUSE NOT AFFECTED BY RIGHT OF SURVIVORSHIP
- § 112.253RIGHTS OF DECEASED SPOUSE'S CREDITORS IN RELATION TO THIRD PARTIES
- § 113.001GENERAL DEFINITIONS
- § 113.002DEFINITION OF PARTY
- § 113.003DEFINITION OF NET CONTRIBUTION
- § 113.004TYPES OF ACCOUNTS
- § 113.005AUTHORITY OF FINANCIAL INSTITUTIONS TO ENTER INTO CERTAIN ACCOUNTS
- § 113.051ESTABLISHMENT OF TYPE OF ACCOUNT; APPLICABILITY OF CERTAIN LAW
- § 113.052FORM
- § 113.053REQUIRED DISCLOSURE; USE OF FORM
- § 113.0531USE OF FORM AND DISCLOSURE BY CREDIT UNIONS
- § 113.101EFFECT OF CERTAIN PROVISIONS REGARDING OWNERSHIP BETWEEN PARTIES AND OTHERS
- § 113.102OWNERSHIP OF JOINT ACCOUNT DURING PARTIES' LIFETIMES
- § 113.103OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL PAYEE'S LIFETIME
- § 113.104OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S LIFETIME
- § 113.105OWNERSHIP OF CONVENIENCE ACCOUNT; ADDITIONS AND ACCRUALS
- § 113.106OWNERSHIP AND OPERATION OF OTHER ACCOUNT WITH CONVENIENCE SIGNER
- § 113.151ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY
- § 113.152OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF PARTY
- § 113.153OWNERSHIP OF TRUST ACCOUNT ON DEATH OF TRUSTEE
- § 113.154OWNERSHIP OF CONVENIENCE ACCOUNT ON DEATH OF PARTY
- § 113.1541OWNERSHIP OF OTHER ACCOUNT WITH CONVENIENCE SIGNER ON DEATH OF LAST SURVIVING PARTY
- § 113.155EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS WITHOUT RIGHTS OF SURVIVORSHIP
- § 113.156APPLICABILITY OF CERTAIN PROVISIONS ON DEATH OF PARTY
- § 113.157WRITTEN NOTICE TO FINANCIAL INSTITUTIONS REGARDING FORM OF ACCOUNT
- § 113.158NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS
- § 113.201APPLICABILITY OF SUBCHAPTER
- § 113.202PAYMENT OF MULTIPLE-PARTY ACCOUNT
- § 113.203PAYMENT OF JOINT ACCOUNT
- § 113.204PAYMENT OF P.O.D. ACCOUNT
- § 113.205PAYMENT OF TRUST ACCOUNT
- § 113.206PAYMENT OF CONVENIENCE ACCOUNT
- § 113.207LIABILITY FOR PAYMENT FROM JOINT ACCOUNT AFTER DEATH
- § 113.208LIABILITY FOR PAYMENT FROM CONVENIENCE ACCOUNT
- § 113.209DISCHARGE FROM CLAIMS
- § 113.210SET-OFF TO FINANCIAL INSTITUTION
- § 113.251PLEDGE OF ACCOUNT
- § 113.252RIGHTS OF CREDITORS
- § 113.253NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES OF FINANCIAL INSTITUTIONS
- § 114.001SHORT TITLE
- § 114.002DEFINITIONS
- § 114.003APPLICABILITY
- § 114.004NONEXCLUSIVITY
- § 114.005UNIFORMITY OF APPLICATION AND CONSTRUCTION
- § 114.006RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT
- § 114.051TRANSFER ON DEATH DEED AUTHORIZED
- § 114.052TRANSFER ON DEATH DEED REVOCABLE
- § 114.053TRANSFER ON DEATH DEED NONTESTAMENTARY
- § 114.054CAPACITY OF TRANSFEROR; USE OF POWER OF ATTORNEY
- § 114.055REQUIREMENTS
- § 114.056NOTICE, DELIVERY, ACCEPTANCE, OR CONSIDERATION NOT REQUIRED
- § 114.057REVOCATION BY CERTAIN INSTRUMENTS; EFFECT OF WILL OR MARRIAGE DISSOLUTION
- § 114.101EFFECT OF TRANSFER ON DEATH DEED DURING TRANSFEROR'S LIFE
- § 114.102EFFECT OF SUBSEQUENT CONVEYANCE ON TRANSFER ON DEATH DEED
- § 114.103EFFECT OF TRANSFER ON DEATH DEED AT TRANSFEROR'S DEATH
- § 114.104TRANSFER ON DEATH DEED PROPERTY SUBJECT TO LIENS AND ENCUMBRANCES AT TRANSFEROR'S DEATH; CREDITORS' CLAIMS
- § 114.105DISCLAIMER
- § 114.106LIABILITY FOR CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES
- § 115.001DEFINITIONS
- § 115.002BENEFICIARY DESIGNATION AUTHORIZED
- § 115.003JOINT OWNERSHIP
- § 115.004EFFECT OF BENEFICIARY DESIGNATION DURING OWNER'S LIFE
- § 115.005EFFECT OF BENEFICIARY DESIGNATION AT OWNER'S OR LAST SURVIVING OWNER'S DEATH
- § 115.006CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES
- § 116.001DEFINITIONS
- § 116.002APPLICABILITY
- § 116.003BENEFICIARY DESIGNATION AUTHORIZED
- § 116.004JOINT OWNERSHIP
- § 116.005EFFECT OF BENEFICIARY DESIGNATION DURING OWNER'S LIFE
- § 116.006EFFECT OF BENEFICIARY DESIGNATION AT OWNER'S OR LAST SURVIVING OWNER'S DEATH
- § 116.007CREDITOR CLAIMS; ALLOWANCES IN LIEU OF EXEMPT PROPERTY AND FAMILY ALLOWANCES
- § 121.001APPLICABILITY OF CHAPTER
- § 121.051APPLICABILITY OF SUBCHAPTER
- § 121.052REQUIRED PERIOD OF SURVIVAL FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES
- § 121.053INTESTATE SUCCESSION: FAILURE TO SURVIVE PRESUMED UNDER CERTAIN CIRCUMSTANCES
- § 121.101REQUIRED PERIOD OF SURVIVAL FOR DEVISEE
- § 121.102REQUIRED PERIOD OF SURVIVAL FOR CONTINGENT BENEFICIARY
- § 121.151DISTRIBUTION OF COMMUNITY PROPERTY
- § 121.152DISTRIBUTION OF PROPERTY OWNED BY JOINT OWNERS
- § 121.153DISTRIBUTION OF CERTAIN INSURANCE PROCEEDS
- § 122.001DEFINITIONS
- § 122.002DISCLAIMER
- § 122.201ASSIGNMENT; WHEN ASSIGNMENT INEFFECTIVE OR LIMITED
- § 122.202FILING OF ASSIGNMENT
- § 122.204FAILURE TO COMPLY
- § 122.205GIFT
- § 122.206SPENDTHRIFT PROVISION
- § 123.001WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE
- § 123.002TREATMENT OF DECEDENT'S FORMER SPOUSE
- § 123.051DEFINITIONS
- § 123.052REVOCATION OF CERTAIN NONTESTAMENTARY TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN POLICIES OR PLANS
- § 123.053EFFECT OF REVOCATION
- § 123.054LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY
- § 123.055LIABILITY OF FORMER SPOUSE FOR CERTAIN PAYMENTS, BENEFITS, OR PROPERTY
- § 123.056CERTAIN TRUSTS WITH DIVORCED INDIVIDUALS AS JOINT SETTLORS
- § 123.101PROCEEDING TO VOID MARRIAGE BASED ON MENTAL CAPACITY PENDING AT TIME OF DEATH
- § 123.102APPLICATION TO VOID MARRIAGE AFTER DEATH
- § 123.103ACTION ON APPLICATION TO VOID MARRIAGE AFTER DEATH
- § 123.104EFFECT OF VOIDED MARRIAGE
- § 123.151DESIGNATION OF FORMER SPOUSE OR RELATIVE OF FORMER SPOUSE ON CERTAIN MULTIPLE-PARTY ACCOUNTS
- § 124.001DEFINITIONS
- § 124.002REFERENCES TO INTERNAL REVENUE CODE
- § 124.003APPORTIONMENT DIRECTED BY FEDERAL LAW
- § 124.004EFFECT OF DISCLAIMERS
- § 124.005GENERAL APPORTIONMENT OF ESTATE TAX; EXCEPTIONS
- § 124.006EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR CREDITS
- § 124.007EXCLUSION OF CERTAIN PROPERTY FROM APPORTIONMENT
- § 124.008EXCLUSION OF CERTAIN TEMPORARY INTERESTS FROM APPORTIONMENT
- § 124.009QUALIFIED REAL PROPERTY
- § 124.010EFFECT OF EXTENSION OR DEFICIENCY IN PAYMENT OF ESTATE TAXES; LIABILITY OF REPRESENTATIVE
- § 124.011APPORTIONMENT OF INTEREST AND PENALTIES
- § 124.012APPORTIONMENT OF REPRESENTATIVE'S EXPENSES
- § 124.013WITHHOLDING OF ESTATE TAX SHARE BY REPRESENTATIVE
- § 124.014RECOVERY OF ESTATE TAX SHARE NOT WITHHELD
- § 124.015RECOVERY OF UNPAID ESTATE TAX; REIMBURSEMENT
- § 124.016TIME TO INITIATE ACTIONS TO RECOVER UNPAID ESTATE TAX
- § 124.017TAX OR DEATH DUTY PAYABLE TO ANOTHER STATE
- § 124.018PAYMENT OF EXPENSES AND ATTORNEY'S FEES
- § 124.051VALUATION OF PROPERTY DISTRIBUTED IN KIND IN SATISFACTION OF PECUNIARY GIFT
- § 124.052SATISFACTION OF MARITAL DEDUCTION PECUNIARY GIFTS WITH ASSETS IN KIND
- § 151.001EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX WITH COURT ORDER
- § 151.002DELIVERY OF DOCUMENT WITH COURT ORDER
- § 151.003EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX WITHOUT COURT ORDER
- § 151.004DELIVERY OF DOCUMENT WITHOUT COURT ORDER
- § 151.005RESTRICTION ON REMOVAL OF CONTENTS OF SAFE DEPOSIT BOX
- § 152.001APPLICATION AUTHORIZED
- § 152.002CONTENTS OF APPLICATION
- § 152.003ADDITIONAL CONTENTS OF APPLICATION: INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS
- § 152.004TIME AND PLACE OF FILING
- § 152.051ISSUANCE OF ORDER REGARDING FUNERAL AND BURIAL EXPENSES
- § 152.052ISSUANCE OF ORDER REGARDING ACCESS TO CERTAIN PERSONAL PROPERTY
- § 152.053DURATION OF ORDER
- § 152.054CERTIFIED COPIES OF ORDER
- § 152.055LIABILITY OF CERTAIN PERSONS IN CONNECTION WITH ORDER
- § 152.101APPLICATION AUTHORIZED
- § 152.102HEARING; ISSUANCE OF ORDER