Texas Estates Code

§ 360.253 — COMMUNITY PROPERTY

ES § 360.253Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 360. PARTITION AND DISTRIBUTION OF ESTATE · Art. F. CERTAIN TYPES OF ESTATE PROPERTY

Statute text

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(a)If a spouse dies leaving community property, the surviving spouse, at any time after letters testamentary or of administration have been granted and an inventory, appraisement, and list of claims of the estate have been returned or an affidavit in lieu of the inventory, appraisement, and list of claims has been filed, may apply in writing to the court that granted the letters for a partition of the community property.

(b)The surviving spouse shall execute and deliver a bond to the judge of the court described by Subsection (a). The bond must be:

(1)with a corporate surety or at least two good and sufficient personal sureties;

(2)payable to and approved by the judge;

(3)in an amount equal to the value of the surviving spouse's interest in the community property; and

(4)conditioned for the payment of half of all debts existing against the community property.

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Legislative history

Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.50, eff. January 1, 2014.