Texas Estates Code

§ 351.151 — ORDINARY DILIGENCE REQUIRED

ES § 351.151Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES IN GENERAL · Art. D. COLLECTION OF CLAIMS; RECOVERY OF PROPERTY

Statute text

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(a)If there is a reasonable prospect of collecting the claims or recovering the property of an estate, the personal representative of the estate shall use ordinary diligence to:

(1)collect all claims and debts due the estate; and

(2)recover possession of all property to which the estate has claim or title.

(b)If a personal representative wilfully neglects to use the ordinary diligence required under Subsection (a), the representative and the sureties on the representative's bond are liable, on the suit of any person interested in the estate, for the use of the estate, for the amount of those claims or the value of that property lost by the neglect.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.