Texas Estates Code

§ 355.203 — PURCHASE OF CLAIM BY PERSONAL REPRESENTATIVE PROHIBITED

ES § 355.203Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 355. PRESENTMENT AND PAYMENT OF CLAIMS · Art. E. CLAIMS INVOLVING PERSONAL REPRESENTATIVES

Statute text

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(a)It is unlawful, and cause for removal, for a personal representative, whether acting under appointment by will or court orders, to purchase a claim against the estate the representative represents for the representative's own use or any other purpose.

(b)On written complaint by a person interested in the estate and on satisfactory proof of a violation of Subsection (a), the court after citation and hearing:

(1)shall enter an order canceling the claim described by Subsection (a); and

(2)may remove the personal representative who is found to have violated Subsection (a).

(c)No part of a claim canceled under Subsection (b) may be paid out of the estate.

Legislative history

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