Texas Estates Code

§ 453.003 — GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING

ES § 453.003Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF CERTAIN ESTATES · Ch. 453. ADMINISTRATION OF COMMUNITY PROPERTY

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(a)If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:

(1)sue and be sued to recover community property;

(2)sell, mortgage, lease, and otherwise dispose of community property to pay debts for which a portion of community property is liable for payment;

(3)collect claims due to the community estate; and

(4)exercise other powers as necessary to:

(A)preserve the community property;

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 39, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 438 (H.B. 3421), Sec. 8, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 831 (S.B. 1448), Sec. 9, eff. September 1, 2025.