Texas Estates Code

§ 454.051 — RESTORATION OF ESTATE

ES § 454.051Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION OF CERTAIN ESTATES · Ch. 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD · Art. B. PERSONS PRESUMED DEAD BUT SUBSEQUENTLY

Statute text

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(a)Except as provided by Subsection (b), a person who was proved by circumstantial evidence to be dead under Section 454.002 and who, in a subsequent action, is proved by direct evidence to have been living at any time after the date the court granted the letters under that section, is entitled to restoration of the person's estate or the residue of the person's estate, including the rents and profits from the estate.

(b)For estate property sold by the personal representative of the estate, a distributee, or a distributee's successors or assignees to a bona fide purchaser for value, the right of a person to restoration is limited to the proceeds of the sale or the residue of the sold property with any increase of the proceeds or the residue.

Legislative history

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