Texas Estates Code
§ 353.052 — DELIVERY OF EXEMPT PROPERTY
ES § 353.052Title 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
View on source(a)This section only applies to exempt property described by Section 353.051(a). (a-1) The executor or administrator of an estate shall deliver, without delay, exempt property that has been set aside for the decedent's surviving spouse and children in accordance with this section.
(b)If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall deliver all exempt property to the surviving spouse.
(c)If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall deliver the share of those children in exempt property, other than the homestead, to:
(1)the children, if the children are of legal age;
(2)the children's guardian, if the children are minors; or
(3)the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
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Legislative history
Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.02, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 36, eff. September 1, 2015.