Texas Estates Code

§ 353.051 — EXEMPT PROPERTY TO BE SET ASIDE

ES § 353.051Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE · Art. B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT PROPERTY

Statute text

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(a)Unless an application and verified affidavit are filed as provided by Subsection (b), immediately after the inventory, appraisement, and list of claims of an estate are approved or after the affidavit in lieu of the inventory, appraisement, and list of claims is filed, the court by order shall set aside:

(1)the homestead for the use and benefit of the decedent's surviving spouse and minor children; and

(2)all other exempt property described by Section 42.002(a), Property Code, for the use and benefit of the decedent's:

(A)surviving spouse and minor children;

(B)unmarried adult children remaining with the decedent's family; and

(C)each other adult child who is incapacitated.

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.01, eff. January 1, 2014. Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.46, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 35, eff. September 1, 2015.