Texas Estates Code

§ 453.009 — DISTRIBUTION OF POWERS BETWEEN PERSONAL REPRESENTATIVE AND SURVIVING SPOUSE DURING ADMINISTRATION

ES § 453.009Title 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

Statute text

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(a)A qualified personal representative of a deceased spouse's estate may administer:

(1)the separate property of the deceased spouse;

(2)the community property that was by law under the management of the deceased spouse during the marriage; and

(3)the community property that was by law under the joint control of the spouses during the marriage.

(b)During administration of a deceased spouse's estate, the surviving spouse, as surviving partner of the marital partnership, is entitled to:

(1)retain possession and control of the community property that was legally under the sole management of the surviving spouse during the marriage; and

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 42, eff. September 1, 2023. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 43, eff. September 1, 2023.