THE TEXAS ESTATES CODE

ATTORNEYS ELECTRONIC EDITION

Also Including Chapters 166 and 692 (and a portion of 711) of the Texas Health & Safety Code


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Quick Indices created by the Honorable Steve M. King:

Useful Texas Probate Resources for Attorneys Notes and Revision History


Thanks to:


Judge Steve King and Thomas Fisher, Esq. for their comprehensive indices.

Professor Gerry Beyer for his conversion tables.

Craig Hopper of Hopper Mikeska, PLLC and William D. Pargaman of Saunders, Norval, Pargaman & Atkins, LLP for their annual Legislative Updates.


Formatted and Hyperlinked by Michael A. Koenecke

(mike@koeneckelaw.com)


All included text of the Estates Code is what was published by the Texas Legislature and made freely available. I have only formatted it, and assume no responsibility for the accuracy of the contents.


Version 3.3

June 28, 2018

downloadable from: http://koeneckelaw.com/public


Estates Code Quick Index: DECEDENTS’ ESTATES

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  1. General Provisions Definitions (22), Jurisdiction (32.001), Venue (33.001), Transfer to SPC (34.001) Citation(51.001), Service (51.051-.056), Returns (51.101), Alt. Service (51.151), Waiver 51.201), Depn on Wr Qs (51.203), Security for Costs (53.052), Ad Litems (53.104), Contests (55.001), Jury (55.002), Decedent’s Med. Records: Will Contest (55.101), Specif. Prf. to Transfer Title (55.201), Bill of Review (55.251), Resident Agent (56.001)

  2. Distribution of Property Passage of Title @ Death (101), Joint Ownership (101), Homestead (102), POD Accts (111.051), CP w/ROS (112.051), Multi-Party Accts (113ff), Conven Accts (113.102), Unif Acct Form (113.051), Disclosures (113.053), JTw/ROS (113.151), Trust Accts (113.205), T.O.D. Deeds (114.051), Surv Req. (121.052), Disclaimer (122ff), Effect of Divorce (123ff), Tax Apportionment (124)

  3. Proceedings Before Administration Safe Dep Boxes (151), Emerg Intervntn (152), Ltn on Spouse Right to Control Burial (152), Access to Acct Info (153)

  4. Intestacy Decedent w/o Spouse (201.001), Separate Estate (201.002), Comm. Estate (201.003), Maternal Inheritance (201.051), Paternal Inheritance (201.052), BFP under Heirship Affidavit (201.053), Adopted Child (201.054), Half-Blood (201.057), Disqualification of Parent to Inherit (201.062), Per Capita/Per Stirpes (201.101), Advancements (201.151)

  5. Determination of Heirship Standing (202.004), Application (202.005), Ad Litem (202.009) Notice & Citation (202.051ff), Evidence in Writing (202.151), Judgment (202.201), Non-Judicial Evidence (203), DNA Testing (204), Small Estate Affidavit (205)

  6. Wills Requisites (251.051), Holographic (251.052), Self-Proving (251.101ff), Deposit, Safekeeping (252), Compel Prod’n (252.201), Change, Revocation (253), Prohibited Gifts, Forfeiture (254), Construction (255), Pretermitted Child (255.051), Advancements (255.101), ‘Anti-Lapse’ (255.151), Exoneration of Debt (255.301), Power of Appt (255.351), Judicial Modification/Reform (255.451), Default (256.003, 301.002), Application (256.052), Lost Will (256.054), Proof (256.151), Holographic (256.154), Period for Contest (256.204), Muniment (257), Citation & Ntc (258, 303), Ntc for Probate after 4 Yrs (258.051ff)

  7. Application for Letters (301), Adm’n Before Death Void (301.001), Contents (301.052), Contest 301.101), Proof (301.152), Priority for Appointment 304.001), Persons Disqualified (304.003)

  8. Oath & Bond (305), Freeze Agreement (305.154), Issuance of Letters (306), Joint PRs 307), Notice to Benef’s & Credtrs (308), Inv & Appr (309), Aff in Lieu (309.056), Allocation of Income & Expenses (310)

  9. Personal Representatives Powers (351), Authority with Order (351.051), Authority without Order (351.052), Managing Property (351.101ff), Collecting Claims/Recovering Property (351.151), Contingent Fees (351.152), Operating Business (351.201ff), Borrowing (351.251), Payment of Income (304.003), Annual Exam’n/Review of Bond (351.353), Judge’s Liability (351.354), Requiring ID Info (351.355)

  10. Dependent Administration Compensation (352), Expenses, Atty’s Fees (352.051), Exempt Prop (353.051), Allowance in Lieu (353.053), Fam Allowance (353.101), Liens (353.151), Title (353.153), Summary Proceedings (354), W/drawal from Admn (354.051), Claims (355), Sales (356), Renting (357), Min. Leases (358), Annl Acct (359), - by Ind Exor (359.006), Partition (360), Resignation (361), Removal w/o Ntc (361.051), Removal w/Ntc (361.052), Reinstatement (361.054), Succrs (361.101), Settle & Close (362.001), Compel Sttlmnt (362.002), Settling & Closing/ Account for Final Settlement (362)

  11. Independent Administration Intent (401.001), Ct-Created Testate (401.002), Ct-Created Intestate (401.003), Power of Sale by Agreement (401.006), Powers of Ind Exor (402ff), Exemptions & Allowances (403.001), Claims (403.051), Accountings (404), Removal (404.003), Succrs (404.004), Court-Appt’d Succr IE (404.005), Acctn’g & Distrib (405.001), Judicial Discharge (405.003), Closing Rep/ Ntc (405.004), Partn & Distrib (405.008), Closing: Appl’n by Distributee (405.009), Closing Not Required (405.012)

  12. Additional Matters Order of No Admn (451), Temp. Adm’n (452), Pending Cont (452.051) Admn of CP (453), Admn w/Presumption of Death (454.001), Public Probate Administration (455.001)

  13. Lawyer Trust Accounts (456.0001)

  14. Foreign Wills Ancillary Probate (501) Original Probate (502), Recording in Deed Rec. (503), Contests (504), Foreign PRs, Trustees & Fiduciaries (505.052)

  15. Payment to Comptroller (551.001)

  16. Durable Power of Attorney (751, 752)


    Estates Code Quick Index: GUARDIANSHIPS

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    1. Definitions (1002), Less Restrictive Alternative (1002.0015), Supports and Services (2002.031), Incapacitated Person (1002.017), “Matters Related To” (1021.001)

    2. Jurisdiction (1022), Concurrent Juris (1022.006), Transfer to Statutory Probate Court (1022.007), Transfer to SAPCR (1022.008), Venue (1023), Transfer to Another County (1023.003)

    3. Citation & Notice (1051), Methods (1051.051), ‘Laundry List’ (1051.104), Affdvt of Notice (1051.104). Alternative Service (1051.201), Waiver (1051.251), Depo on Written Questions (1051.253)

    4. Ad Litems Rule for Costs (1053.051), Attorney Ad Litem - Duties (1054.004), Retained Counsel (1054.006), Guardian Ad Litem - Duties (1054.054), Limited Immunity (1054.056), Court Visitors (1054.101), Court Investigators (1054.151), Attorney Ad Litem Certification (1054.201)

5. Trial Standing (1055.001), Intervention (1055.003), Jury (1055.052, 1101.052), Location of Hearing (1055.053), Mediation (1055.151), Bill of Review (1056.101), Change Resident Agent (1057.001)

  1. Creation of Guardianship Appl’n (1101.001), Hearing (1101.051), Findings/Proof (1101.101), CME, IME (1101.103), DID (1101.104); Order Full Authy (1101.151), Limited Authy (1101.152), Contents (1101.153)

  2. Court-Initiated Investigation (1102.001), Information Letter (1102.003), Aging-Out Minors (1103.001), Appt of Consvtr as Gdn w/o Hrng (1103.002), Only 1 as Gdn (1104.001), Training (1104.003), Pre-Need Desig’n (1104.051ff), Certification Required When (1104.251), Prof Grdns (1104.301), Disqualification (1104.351), Unsuitability (1104.352), Registration (1104.359), Criminal History Checks (1104.401)

  3. Qualification (1105), Oath (1105.051), Bond (1105.101), Amount (1105.154), Safekeeping Agreement before Appointment (1105.156), Sureties (1105.160), Letters (1106)

  4. Administration Rights, Powers & Duties - Rights Retained (1151.001), BFPs (1151.002); GOP (1151.051), MH Trtmt (1151.053), ? Meds (1151.054), Access to Ward (1151.055), Duty to Inf Rel (1151.056); GOE with & w/o Ord (1151.102-3), Abndn Prop (1151.102), Litn (1151.104); Duty of Care (1151.151), Borrow (1151.201), Grdn to Rec Govt Funds (1151.251), Ntc to VA (1151.301), Ward’s Bill of Rights (1151.351)

  5. Notice to Creditors (1153), Permissive Notice (1153.004), Inventory & Appraisement (1154.051), Compensation (1155), Dual Compensation (1155.052), Contingent Fees (1155.053); Attorney’s Fees (1155.054), Expenses (1155.101), Costs (1155.151), Compensation from Medicaid (1155.201)

  6. Allowances, Accountings (1156), Claims (1157), Sales (1158), Partn (1158.701), Rentg (1159), Min Props (1160), Investmts (1161); Inv. Plan, Loans (1161.051), Est Plan (1162.001), Inspn of Docs (1162.005), Gifts (1162.051), Annl Acct (GOE) (1163), GOPR (1163.101), E-File GOPR (1163.1011), Liab of Gdn (1164.001), Immun of Grdns Prog (1164.002)

  7. Annual Review: Evaluation, Modification, Termination, Removal & Reinstatement Bond Review (1201.002), Judge’s Liability (1201.003), Annual Determination (1201.052), Termination (1201.003) Restoration/Modification (1202.051), Firearms Disability (1202.201), Resignation (1203.001), Removal: w/o Notice (1203.051), w/Notice (1203.052), Reinstatement (1203.056), Successors (1203.101)

  8. Final Settlement, Acctg & Discharge Settlement (1204.001), Fun Exp (1204.051), Wind up Int. Est. (1204.052), Fin Accts (1204.101), Deliv Prop (1204.109), Close & Dischg (1204.151), Failre of Gdn to Act/Removal from Active Docket (1204.201)

  9. Special Proceedings Temp. Grdn (1251.001), Temp Grdn Pending Cont (1251.051), Non-Res Ward (1252.001) Non-Res Grdn (1252.051); Intrst Grdns (1253.001); Rec & Accep of For Gdns (1253.051), Gdnships filed in Tex & For. Juris (1253.101), Determination of Most Appropriate Forum (1253.151)

  10. Court Authorized Trusts & Accounts Management Trust (1301), Pooled Trust Subaccount (1302.001)

  11. Special Proceedings/Alternatives Sale of Minor’s Int (1351.001), Sale of Adult Ward’s Int (1351.051), Mortg. of Minor’s Int (1352.051, 1352.101), Comm. Admr (1353), Receivers (1354), Payt into Ct Regy (1355), Payt to Non-Res Cred (1355.002), W/drwl from Regy (1355.103), Use of $ by Char (1355.151)

  12. Arts and Entertainment, Advertisement, and Sports Contracts (1356)

  13. Supported Decision-Making Agreements (1357)

  14. Fiduciary Access to Digital Assets (2001)

  15. Advance Directives (Tex. Health & Safety Code) (Dir/Phys, OOH DNR, Med POA) (166)

  16. Anatomical Gifts (692A)

  17. Cemeteries (711)

    TABLE OF CONTENTS: TEXAS ESTATES CODE


    TITLE 1. GENERAL PROVISIONS (Ch. 21 - 22)

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    CHAPTER 21. PURPOSE AND CONSTRUCTION

    Sec. 21.001. Purpose of Code. Sec. 21.002. Construction.

    Sec. 21.003. Statutory References. Sec. 21.004. Effect of Division of Law.

    Sec. 21.005. Applicability of Certain Laws.

    Sec. 21.006. Applicability to Probate Proceedings.

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    CHAPTER 22. DEFINITIONS

    Sec. 22.001. Applicability of Definitions. Sec. 22.002. Authorized Corporate Surety. Sec. 22.003. Charitable Organization.

    Sec. 22.004. Child.

    Sec. 22.005. Claims.

    Sec. 22.006. Corporate Fiduciary.

    Sec. 22.007. Court; County Court, Probate Court, and Statutory Probate Court.

    Sec. 22.008. Devise.

    Sec. 22.009. Devisee.

    Sec. 22.010. Distributee.

    Sec. 22.011. Docket.

    Sec. 22.012. Estate.

    Sec. 22.013. Exempt Property.

    Sec. 22.014. Governmental Agency of the State. Sec. 22.015. Heir.

    Sec. 22.016. Incapacitated Person. Sec. 22.017. Independent Executor.

    Sec. 22.018. Interested Person; Person Interested. Sec. 22.019. Judge.

    Sec. 22.020. Legacy.

    Sec. 22.021. Legatee.

    Sec. 22.022. Minor.

    Sec. 22.024. Mortgage; Lien. Sec. 22.025. Net Estate.

    Sec. 22.026. Next of Kin. Sec. 22.027. Person.

    Sec. 22.028. Personal Property.

    Sec. 22.029. Probate Matter; Probate Proceedings; Proceeding in Probate; Proceedings for Probate.

    Sec. 22.030. Real Property.

    Sec. 22.031. Representative; Personal Representative. Sec. 22.032. Surety.

    Sec. 22.033. Ward.

    Sec. 22.034. Will.


    TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY

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    SUBTITLE A. SCOPE, JURISDICTION, VENUE, AND COURTS

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    CHAPTER 31. GENERAL PROVISIONS

    Sec. 31.001. Scope of “Probate Proceeding” for Purposes of Code. Sec. 31.002. Matters Related to Probate Proceeding.

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    CHAPTER 32. JURISDICTION

    Sec. 32.001. General Probate Court Jurisdiction.

    Sec. 32.002. Original Jurisdiction for Probate Proceedings.

    Sec. 32.003. Jurisdiction of Contested Probate Proceedingin County with No Statutory Probate Court or Statutory County Court.

    Sec. 32.004. Jurisdiction of Contested Probate Proceeding in County with No Statutory Probate Court.

    Sec. 32.005. Exclusive Jurisdiction of Probate Proceeding in County

    with Statutory Probate Court.

    Sec. 32.006. Jurisdiction of Statutory Probate Court with Respect to Trusts and Powers of Attorney.

    Sec. 32.007. Concurrent Jurisdiction with District Court.

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    CHAPTER 33. VENUE

    SUBCHAPTER A. VENUE FOR CERTAIN PROCEEDINGS

    Sec. 33.001. Probate of Wills and Granting of Letters Testamentary and of Administration.

    Sec. 33.002. Action Related to Probate Proceeding in Statutory Probate Court.

    Sec. 33.003. Certain Actions Involving Personal Representative. Sec. 33.004. Heirship Proceedings.

    Sec. 33.005. Certain Actions Involving Breach of Fiduciary Duty.

    SUBCHAPTER B. DETERMINATION OF VENUE

    Sec. 33.051. Commencement of Proceeding. Sec. 33.052. Concurrent Venue.

    Sec. 33.053. Probate Proceedings in More than One County. Sec. 33.054. Jurisdiction to Determine Venue. [none]

    Sec. 33.055. Protection for Certain Purchasers.

    SUBCHAPTER C. TRANSFER OF PROBATE PROCEEDING

    Sec. 33.101. Transfer to Other County in Which Venue Is Proper. Sec. 33.102. Transfer for Want of Venue.

    Sec. 33.103. Transfer for Convenience.

    Sec. 33.104. Validation of Previous Proceedings.

    CHAPTER 34. MATTERS RELATING TO CERTAIN OTHER TYPES OF PROCEEDINGS.

    Sec. 34.001. Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding.

    Sec. 34.002. Actions to Collect Delinquent Property Taxes.

    SUBTITLE B. PROCEDURAL MATTERS

    CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS

    Sec. 51.001. Issuance of Notice or Process in General. Sec. 51.002. Direction of Writ or Other Process.

    Sec. 51.003. Contents of Citation or Notice.

    SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS TO BE SERVED

    Sec. 51.051. Personal Service. Sec. 51.052. Service by Mail. Sec. 51.053. Service by Posting.

    Sec. 51.054. Service by Publication.

    Sec. 51.055. Service on Party’s Attorney of Record.

    Sec. 51.056. Service on Personal Representative or Receiver.

    SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE

    Sec. 51.101. Requirements for Return on Citation or Notice Served by Personal Service.

    Sec. 51.102. Validity of Service and Return on Citation or Notice Served by Posting.

    Sec. 51.103. Proof of Service. Sec. 51.104. Return to Court.

    SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN

    Sec. 51.151. Court-ordered Issuance, Service, and Return under Certain Circumstances.

    SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS

    Sec. 51.201. Waiver of Notice of Hearing.

    Sec. 51.202. Request for Notice of Filing of Pleading.

    Sec. 51.203. Service of Notice of Intention to Take Depositions in Certain Matters.

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    CHAPTER 52. FILING AND RECORDKEEPING SUBCHAPTER A. RECORDKEEPING REQUIREMENTS

    Sec. 52.001. Probate Docket. Sec. 52.002. Claim Docket. Sec. 52.003. Probate Fee Book.

    Sec. 52.004. Alternate Recordkeeping.

    SUBCHAPTER B. FILES; INDEX

    Sec. 52.051. Filing Procedures. Sec. 52.052. Case Files.

    Sec. 52.053. Index.

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    CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES SUBCHAPTER A. ENFORCEMENT OF ORDERS

    Sec. 53.001. Enforcement of Judge’s Orders.

    SUBCHAPTER B. COSTS AND SECURITY

    Sec. 53.051. Applicability of Certain Laws. Sec. 53.052. Security for Certain Costs.

    Sec. 53.053. Exemption from Probate Fees for Estates of Certain Military Servicemembers.

    Sec. 53.054. Exemption from Probate Fees for Estates of Certain Law Enforcement Officers, Firefighters, and Others.

    SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS

    Sec. 53.101. Calling of Dockets.

    Sec. 53.102. Setting of Certain Hearings by Clerk.

    Sec. 53.103. Rendering of Decisions, Orders, Decrees, and Judgments.

    Sec. 53.104. Appointment of Attorneys Ad Litem. Sec. 53.106. Executions in Probate Matters.

    Sec. 53.107. Inapplicability of Certain Rules of Civil Procedure.

    CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL SUBCHAPTER A. PLEADINGS

    Sec. 54.001. Effect of Filing or Contesting Pleading. Sec. 54.002. Defect in Pleading.

    SUBCHAPTER B. EVIDENCE

    Sec. 54.051. Applicability of Certain Rules Relatingto Witnesses and Evidence.

    Sec. 54.052. Use of Certain Records as Evidence.

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    CHAPTER 55. COMPLAINTS AND CONTESTS

    SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT

    Sec. 55.001. Opposition in Probate Proceeding. Sec. 55.002. Trial by Jury.

    SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE ORGANIZATION AS PARTY TO CERTAIN ACTIONS

    Sec. 55.051. Definition.

    Sec. 55.052. Necessary Party. Sec. 55.053. Service of Process.

    SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT

    Sec. 55.101. Entitlement to Production of Communications and Records.

    Sec. 55.102. Release of Records.

    SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY

    Sec. 55.151. Order for Issuance of Writ of Attachment. Sec. 55.152. Bond.

    SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE

    Sec. 55.201. Complaint and Citation. Sec. 55.202. Hearing and Order.

    Sec. 55.203. Conveyance.

    SUBCHAPTER F. BILL OF REVIEW

    Sec. 55.251. Revision and Correction of Order or Judgment in Probate Proceeding.

    Sec. 55.252. Injunction.

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    CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL REPRESENTATIVE FOR SERVICE OF PROCESS

    Sec. 56.001. Change of Resident Agent. Sec. 56.002. Resignation of Resident Agent.

    SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS’ PROPERTY IN GENERAL

    CHAPTER 101. ESTATE ASSETS IN GENERAL

    SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENTS ESTATE ON DEATH

    Sec. 101.001. Passage of Estate on Decedent’s Death. Sec. 101.002. Effect of Joint Ownership of Property.

    Sec. 101.003. Possession of Estate by Personal Representative.

    SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS

    Sec. 101.051. Liability of Estate for Debts in General.

    Sec. 101.052. Liability of Community Property for Debts of Deceased Spouse.

    CHAPTER 102. PROBATE ASSETS: DECEDENTS HOMESTEAD

    Sec. 102.001. Treatment of Certain Children.

    Sec. 102.002. Homestead Rights Not Affected by Character of the Homestead.

    Sec. 102.003. Passage of Homestead.

    Sec. 102.004. Liability of Homestead for Debts.

    Sec. 102.005. Prohibitions on Partition of Homestead.

    Sec. 102.006. Circumstances under Which Partition of Homestead Is Authorized.

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    CHAPTER 111. NONPROBATE ASSETS IN GENERAL

    SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS BETWEEN JOINT TENANTS

    Sec. 111.001. Right of Survivorship Agreements Authorized. Sec. 111.002. Agreements Concerning Community Property.

    SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER OF CERTAIN ASSETS ON DEATH

    Sec. 111.051. Definitions.

    Sec. 111.052. Validity of Certain Nontestamentary Instruments and Provisions.

    Sec. 111.053. Creditor’s Rights Not Limited.

    Sec. 111.054. Application of State Law to Certain Nontestamentary Transfers.

    CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 112.001. Definition of Community Property Survivorship Agreement.

    Sec. 112.002. Applicability of Other Law to Community Property Held in Multiple-party Accounts.

    SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS

    Sec. 112.051. Agreement for Right of Survivorship in Community Property.

    Sec. 112.052. Form of Agreement.

    Sec. 112.053. Adjudication Not Required. Sec. 112.054. Revocation of Agreement.

    SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT

    Sec. 112.101. Application Authorized. Sec. 112.102. Proof Required by Court.

    Sec. 112.103. Method of Proof of Signatures. Sec. 112.104. Court Action; Issuance of Order. Sec. 112.105. Effect of Order.

    Sec. 112.106. Custody of Adjudicated Agreement.

    SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT TO

    AGREEMENT

    Sec. 112.151. Ownership of Property During Marriage; Management Rights.

    Sec. 112.152. Nontestamentary Nature of Transfers under Agreement.

    SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO

    RIGHT OF SURVIVORSHIP

    Sec. 112.201. Definition of Certified Copy.

    Sec. 112.202. Actual Knowledge or Notice of Agreement.

    Sec. 112.203. Personal Representative Without Actual Knowledge of Agreement.

    Sec. 112.204. Third-party Purchaser Without Notice of Agreement. Sec. 112.205. Debtors and Other Persons Without Notice of Agreement.

    Sec. 112.206. Third-party Purchaser Without Notice of Revocation of Agreement.

    Sec. 112.207. Debtors and Other Persons Without Notice of Revocation of Agreement.

    Sec. 112.208. Rights of Surviving Spouse Against Creditors.

    SUBCHAPTER F. RIGHTS OF CREDITORS (§§112.251 - 112.253)

    Sec. 112.251. Multiple-party Accounts.

    Sec. 112.252. Liabilities of Deceased Spouse Not Affected by Right of Survivorship.

    Sec. 112.253. Rights of Deceased Spouse’s Creditors in Relation to Third Parties.

    CHAPTER 113. MULTIPLE-PARTY ACCOUNTS

    SUBCHAPTER A. GENERAL PROVISIONS (§§113.001 - 113.005)

    Sec. 113.001. General Definitions. Sec. 113.002. Definition of Party.

    Sec. 113.003. Definition of Net Contribution. Sec. 113.004. Types of Accounts.

    Sec. 113.005. Authority of Financial Institutions to Enter into Certain Accounts.

    SUBCHAPTER B. UNIFORM ACCOUNT FORM (§§113.051 - 113.0531)

    Sec. 113.051. Establishment of Type of Account; Applicability of Certain Law.

    Sec. 113.052. Form.

    Sec. 113.053. Required Disclosure; Use of Form.

    Sec. 113.0531. Use of Form and Disclosure by Credit Unions. SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS (§§113.101 - 113.106)

    Sec. 113.101. Effect of Certain Provisions Regarding Ownership Between Parties and Others.

    Sec. 113.102. Ownership of Joint Account During Parties’ Lifetimes. Sec. 113.103. Ownership of P.O.D. Account During Original Payee’s Lifetime.

    Sec. 113.104. Ownership of Trust Account During Trustee’s Lifetime.

    Sec. 113.105. Ownership of Convenience Account; Additions and Accruals.

    Sec. 113.106. Ownership and Operation of Other Account with Convenience Signer.

    SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS (§§113.151 - 113.158)

    Sec. 113.151. Establishment of Right of Survivorship in Joint Account; Ownership on Death of Party.

    Sec. 113.152. Ownership of P.O.D. Account on Death of Party. Sec. 113.153. Ownership of Trust Account on Death of Trustee. Sec. 113.154. Ownership of Convenience Account on Death of Party.

    Sec. 113.1541. Ownership of Other Account with Convenience Signer on Death of Last Surviving Party.

    Sec. 113.155. Effect of Death of Party on Certain Accounts Without Rights of Survivorship.

    Sec. 113.156. Applicability of Certain Provisions on Death of Party. Sec. 113.157. Written Notice to Financial Institutions Regarding Form of Account.

    Sec. 113.158. Nontestamentary Nature of Certain Transfers.

    SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS (§§113.201 - 113.210)

    Sec. 113.201. Applicability of Subchapter.

    Sec. 113.202. Payment of Multiple-party Account. Sec. 113.203. Payment of Joint Account.

    Sec. 113.204. Payment of P.O.D. Account. Sec. 113.205. Payment of Trust Account.

    Sec. 113.206. Payment of Convenience Account.

    Sec. 113.207. Liability for Payment from Joint Account after Death. Sec. 113.208. Liability for Payment from Convenience Account.

    Sec. 113.209. Discharge from Claims.

    Sec. 113.210. Set-off to Financial Institution.

    SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT

    Sec. 113.251. Pledge of Account. Sec. 113.252. Rights of Creditors.

    Sec. 113.253. No Effect on Certain Rights and Liabilities of Financial Institutions.

    CHAPTER 114. TRANSFER ON DEATH DEED SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 114.001. Short Title. Sec. 114.002. Definitions.

    Sec. 114.003. Applicability.

    Sec. 114.004. Nonexclusivity.

    Sec. 114.005. Uniformity of Application and Construction.

    Sec. 114.006. Relation to Electronic Signatures in Global and National Commerce Act.

    SUBCHAPTER B. AUTHORIZATION, EXECUTION, AND REVOCATION OF TRANSFER ON

    DEATH DEED

    Sec. 114.051. Transfer on Death Deed Authorized. Sec. 114.052. Transfer on Death Deed Revocable.

    Sec. 114.053. Transfer on Death Deed Nontestamentary.

    Sec. 114.054. Capacity of Transferor; Use of Power of Attorney. Sec. 114.055. Requirements.

    Sec. 114.056. Notice, Delivery, Acceptance, or Consideration Not Required.

    Sec. 114.057. Revocation by Certain Instruments; Effect of Will or Marriage Dissolution.

    SUBCHAPTER C. EFFECT OF TRANSFER ON DEATH DEED; LIABILITY OF TRANSFERRED PROPERTY FOR CREDITORS’ CLAIMS

    Sec. 114.101. Effect of Transfer on Death Deed During Transferor’s Life.

    Sec. 114.102. Effect of Subsequent Conveyance on Transfer on Death Deed.

    Sec. 114.103. Effect of Transfer on Death Deed at Transferor’s Death.

    Sec. 114.104. Transfer on Death Deed Property Subject to Liens and Encumbrances at Transferor’s Death; Creditors’ Claims.

    Sec. 114.105. Disclaimer.

    Sec. 114.106. Liability for Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances.

    SUBCHAPTER D. FORMS FOR TRANSFER ON DEATH DEED

    Sec. 114.151. Optional Form for Transfer on Death Deed. Sec. 114.152. Optional Form of Revocation.

    CHAPTER 115. BENEFICIARY DESIGNATION FOR MOTOR VEHICLES

    Sec. 115.001. Definitions.

    Sec. 115.002. Beneficiary Designation Authorized. Sec. 115.003. Joint Ownership.

    Sec. 115.004. Effect of Beneficiary Designation During Owner’s Life. Sec. 115.005. Effect of Beneficiary Designation at Owner’s or Last Surviving Owner’s Death.

    Sec. 115.006. Creditor Claims; Allowances in Lieu of Exempt Property and Family Allowances.

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    CHAPTER 121. SURVIVAL REQUIREMENTS SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 121.001. Applicability of Chapter.

    SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES

    Sec. 121.051. Applicability of Subchapter.

    Sec. 121.052. Required Period of Survival for Intestate Succession and Certain Other Purposes.

    Sec. 121.053. Intestate Succession: Failure to Survive Presumed under Certain Circumstances.

    SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES

    Sec. 121.101. Required Period of Survival for Devisee.

    Sec. 121.102. Required Period of Survival for Contingent Beneficiary.

    SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSONS FAILURE TO

    SURVIVE FOR REQUIRED PERIOD

    Sec. 121.151. Distribution of Community Property.

    Sec. 121.152. Distribution of Property Owned by Joint Owners. Sec. 121.153. Distribution of Certain Insurance Proceeds.

    CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS SUBCHAPTER A. DISCLAIMER OF INTEREST OR POWER

    Sec. 122.001. Definitions.

    Sec. 122.002. Disclaimer.

    Sec. 122.201. Assignment.

    Sec. 122.202. Filing of Assignment. Sec. 122.203. Notice. [repealed]

    Sec. 122.204. Failure to Comply. Sec. 122.205. Gift.

    Sec. 122.206. Spendthrift Provision.

    CHAPTER 123. DISSOLUTION OF MARRIAGE

    SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL

    Sec. 123.001. Will Provisions Made Before Dissolution of Marriage. Sec. 123.002. Treatment of Decedent’s Former Spouse.

    SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN NONTESTAMENTARY TRANSFERS

    Sec. 123.051. Definitions.

    Sec. 123.052. Revocation of Certain Nontestamentary Transfers; Treatment of Former Spouse as Beneficiary under Certain Policies or Plans.

    Sec. 123.053. Effect of Revocation.

    Sec. 123.054. Liability of Certain Purchasers or Recipients of Certain Payments, Benefits, or Property.

    Sec. 123.055. Liability of Former Spouse for Certain Payments, Benefits, or Property.

    Sec. 123.056. Certain Trusts with Divorced Individuals as Joint Settlors.

    SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH

    Sec. 123.101. Proceeding to Void Marriage Based on Mental Capacity Pending at Time of Death.

    Sec. 123.102. Application to Void Marriage after Death.

    Sec. 123.103. Action on Application to Void Marriage after Death. Sec. 123.104. Effect of Voided Marriage.

    SUBCHAPTER D. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN MULTIPLE- PARTY ACCOUNTS (§123.151)

    Sec. 123.151. Designation of Former Spouse or Relative of Former Spouse on Certain Multiple-party Accounts.

    CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY SUBCHAPTER A. APPORTIONMENT OF TAXES

    Sec. 124.001. Definitions.

    Sec. 124.002. References to Internal Revenue Code. Sec. 124.003. Apportionment Directed by Federal Law. Sec. 124.004. Effect of Disclaimers.

    Sec. 124.005. General Apportionment of Estate Tax; Exceptions. Sec. 124.006. Effect of Tax Deductions, Exemptions, or Credits. Sec. 124.007. Exclusion of Certain Property from Apportionment. Sec. 124.008. Exclusion of Certain Temporary Interests from Apportionment.

    Sec. 124.009. Qualified Real Property.

    Sec. 124.010. Effect of Extension or Deficiency in Payment of Estate Taxes; Liability of Representative.

    Sec. 124.011. Apportionment of Interest and Penalties.

    Sec. 124.012. Apportionment of Representative’s Expenses.

    Sec. 124.013. Withholding of Estate Tax Share by Representative. Sec. 124.014. Recovery of Estate Tax Share Not Withheld.

    Sec. 124.015. Recovery of Unpaid Estate Tax; Reimbursement. Sec. 124.016. Time to Initiate Actions to Recover Unpaid Estate Tax. Sec. 124.017. Tax or Death Duty Payable to Another State.

    Sec. 124.018. Payment of Expenses and Attorney’s Fees.

    SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS

    Sec. 124.051. Valuation of Property Distributed in Kind in Satisfaction of Pecuniary Gift.

    Sec. 124.052. Satisfaction of Marital Deduction Pecuniary Gifts with Assets in Kind.

    SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE

    CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES

    Sec. 151.001. Examination of Documents or Safe Deposit Box with Court Order.

    Sec. 151.002. Delivery of Document with Court Order.

    Sec. 151.003. Examination of Document or Safe Deposit Box Without Court Order.

    Sec. 151.004. Delivery of Document Without Court Order.

    Sec. 151.005. Restriction on Removal of Contents of Safe Deposit Box.

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    CHAPTER 152. EMERGENCY INTERVENTION

    SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION

    Sec. 152.001. Application Authorized. Sec. 152.002. Contents of Application.

    Sec. 152.003. Additional Contents of Application: Instructions Regarding Decedent’s Funeral and Remains.

    Sec. 152.004. Time and Place of Filing.

    SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION

    Sec. 152.051. Issuance of Order Regarding Funeral and Burial Expenses.

    Sec. 152.052. Issuance of Order Regarding Access to Certain Personal Property.

    Sec. 152.053. Duration of Order.

    Sec. 152.054. Certified Copies of Order.

    Sec. 152.055. Liability of Certain Persons in Connection with Order. SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENTS SURVIVING SPOUSE TO CONTROL DECEDENTS BURIAL OR CREMATION

    Sec. 152.101. Application Authorized. Sec. 152.102. Hearing; Issuance of Order.

    CHAPTER 153. ACCESS TO INTESTATES ACCOUNT WITH FINANCIAL INSTITUTION

    Sec. 153.001. Definitions.

    Sec. 153.002. Inapplicability of Chapter.

    Sec. 153.003. Court-ordered Access to Intestate’s Account Information.

    SUBTITLE E. INTESTATE SUCCESSION CHAPTER 201. DESCENT AND DISTRIBUTION SUBCHAPTER A. INTESTATE SUCCESSION

    Sec. 201.001. Estate of an Intestate Not Leaving Spouse.

    Sec. 201.002. Separate Estate of an Intestate. Sec. 201.003. Community Estate of an Intestate. SUBCHAPTER B. MATTERS AFFECTING INHERITANCE

    Sec. 201.051. Maternal Inheritance. Sec. 201.052. Paternal Inheritance.

    Sec. 201.053. Effect of Reliance on Affidavit of Heirship. Sec. 201.054. Adopted Child.

    Sec. 201.055. Issue of Void or Voidable Marriage. Sec. 201.056. Persons Not in Being.

    Sec. 201.057. Collateral Kindred of Whole and Half Blood. Sec. 201.058. Convicted Persons.

    Sec. 201.059. Person Who Dies by Casualty. Sec. 201.060. Alienage.

    Sec. 201.061. Estate of Person Who Dies by Suicide.

    Sec. 201.062. Treatment of Certain Parent-child Relationships.

    SUBCHAPTER C. DISTRIBUTION TO HEIRS

    Sec. 201.101. Determination of per Capita with Representation Distribution.

    Sec. 201.102. No Distinction Based on Property’s Source. Sec. 201.103. Treatment of Intestate’s Estate.

    SUBCHAPTER D. ADVANCEMENTS

    Sec. 201.151. Determination of Advancement; Date of Valuation. Sec. 201.152. Survival of Recipient Required.

    CHAPTER 202. DETERMINATION OF HEIRSHIP

    SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF

    PROCEEDING TO DECLARE HEIRSHIP

    Sec. 202.001. General Authorization for and Nature of Proceeding to Declare Heirship.

    Sec. 202.002. Circumstances under Which Proceeding to Declare Heirship Is Authorized.

    Sec. 202.0025. Action Brought after Decedent’s Death.

    Sec. 202.004. Persons Who May Commence Proceeding to Declare Heirship.

    Sec. 202.005. Application for Proceeding to Declare Heirship.

    Sec. 202.006. Request for Determination of Necessity for Administration.

    Sec. 202.007. Affidavit Supporting Application Required.

    Sec. 202.008. Required Parties to Proceeding to Declare Heirship. Sec. 202.009. Attorney Ad Litem.

    SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP

    Sec. 202.051. Service of Citation by Mail When Recipient’s Name and Address Are Known or Ascertainable.

    Sec. 202.052. Service of Citation by Publication. Sec. 202.053. Required Posting of Citation.

    Sec. 202.054. Personal Service of Citation May Be Required.

    Sec. 202.055. Service of Citation on Certain Persons Not Required. Sec. 202.056. Waiver of Service of Citation.

    Sec. 202.057. Affidavit of Service of Citation.

    SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP

    Sec. 202.101. Required Transfer of Pending Proceeding to Declare Heirship under Certain Circumstances.

    Sec. 202.102. Transfer of Records.

    Sec. 202.103. Procedures Applicable to Transferred Proceeding to Declare Heirship; Consolidation with Other Proceeding.

    SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP

    Sec. 202.151. Evidence in Proceeding to Declare Heirship. Sec. 202.152. Presumption; Rebuttal.

    SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP

    Sec. 202.201. Required Statements in Judgment. Sec. 202.202. Finality and Appeal of Judgment.

    Sec. 202.203. Correction of Judgment at Request of Heir Not Properly Served.

    Sec. 202.204. Limitation of Liability of Certain Persons Acting in Accordance with Judgment.

    Sec. 202.205. Effect of Certain Judgments on Liability to Creditors. Sec. 202.206. Filing and Recording of Judgment.

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    CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP

    Sec. 203.001. Recorded Statement of Facts as Prima Facie Evidence of Heirship.

    Sec. 203.002. Form of Affidavit Concerning Identity of Heirs. CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 204.001. Proceedings and Records Public.

    SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO

    DECLARE HEIRSHIP

    Sec. 204.051. Order for Genetic Testing. Sec. 204.052. Advancement of Costs.

    Sec. 204.053. Order and Advancement of Costs for Subsequent Genetic Testing.

    Sec. 204.054. Submission of Genetic Material by Other Relative under Certain Circumstances.

    Sec. 204.055. Genetic Testing of Deceased Individual. Sec. 204.056. Criminal Penalty.

    SUBCHAPTER C. RESULTS OF GENETIC TESTING

    Sec. 204.101. Results of Genetic Testing; Admissibility.

    Sec. 204.102. Presumption Regarding Results of Genetic Testing; Rebuttal.

    Sec. 204.103. Contesting Results of Genetic Testing.

    SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN PROCEEDINGS TO

    DECLARE HEIRSHIP

    Sec. 204.151. Applicability of Subchapter. Sec. 204.152. Presumption; Rebuttal.

    Sec. 204.153. Effect of Inconclusive Results of Genetic Testing.

    SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC TESTING

    Sec. 204.201. Order for Change of Name.

    CHAPTER 205. SMALL ESTATE AFFIDAVIT

    Sec. 205.001. Entitlement to Estate Without Appointment of Personal Representative.

    Sec. 205.002. Affidavit Requirements.

    Sec. 205.003. Examination and Approval of Affidavit. Sec. 205.004. Copy of Affidavit to Certain Persons. Sec. 205.005. Affidavit as Local Government Record.

    Sec. 205.006. Title to Homestead Transferred under Affidavit. Sec. 205.007. Liability of Certain Persons.

    Sec. 205.008. Effect of Chapter.

    Sec. 205.009. Construction of Certain References.

    SUBTITLE F. WILLS (Ch. 251 - 258)

    CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO WILLS SUBCHAPTER A. WILL FORMATION

    Sec. 251.001. Who May Execute Will.

    Sec. 251.002. Interests That May Pass by Will; Disinheritance.

    SUBCHAPTER B. WILL REQUIREMENTS

    Sec. 251.051. Written, Signed, and Attested. Sec. 251.052. Exception for Holographic Wills.

    Sec. 251.053. Exception for Foreign and Certain Other Wills.

    SUBCHAPTER C. SELF-PROVED WILLS

    Sec. 251.101. Self-proved Will.

    Sec. 251.102. Probate and Treatment of Self-proved Will. Sec. 251.103. Period for Making Attested Wills Self-proved. Sec. 251.104. Requirements for Self-proving Affidavit.

    Sec. 251.1045. Simultaneous Execution, Attestation, and Self- Proving.

    Sec. 251.105. Effect of Signature on Self-Proving Affidavit.

    Sec. 251.106. Contest, Revocation, or Amendment of Self-proved Will.

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    Sec. 251.107. Self-proved Holographic Will. CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK

    Sec. 252.001. Will Deposit; Certificate.

    Sec. 252.002. Sealed Wrapper Required.

    Sec. 252.003. Numbering of Filed Wills and Corresponding

    Certificates.

    Sec. 252.004. Index.

    SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR

    Sec. 252.051. Will Delivery.

    Sec. 252.052. Surrender of Certificate of Deposit; Exception.

    SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR

    Sec. 252.101. Notification by County Clerk.

    Sec. 252.102. Will Delivery on Testator’s Death. Sec. 252.103. Inspection of Will by County Clerk.

    Sec. 252.104. Notice and Delivery of Will to Executor. Sec. 252.105. Notice and Delivery of Will to Devisees. SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT

    Sec. 252.151. Deposit Has No Legal Significance.

    Sec. 252.152. Prior Deposited Will in Relation to Later Will. Sec. 252.153. Will Deposit Does Not Constitute Notice.

    SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS

    Sec. 252.201. Will Delivery.

    Sec. 252.2015. Notice and Delivery of Will to Executor or Devisees. Sec. 252.202. Personal Service on Custodian of Estate Papers.

    Sec. 252.203. Arrest; Confinement. Sec. 252.204. Damages.

    CHAPTER 253. CHANGE AND REVOCATION OF WILLS

    Sec. 253.001. Court May Not Prohibit Changing or Revoking a Will. Sec. 253.002. Revocation of Will.

    CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS RELATING TO, WILLS

    Sec. 254.001. Devises to Trustees.

    Sec. 254.002. Bequests to Certain Subscribing Witnesses.

    Sec. 254.003. Devises to Certain Attorneys and Other Persons. Sec. 254.004. Contracts Concerning Wills or Devises; Joint or Reciprocal Wills.

    Sec. 254.005. Forfeiture Clause.

    CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS

    SUBCHAPTER A. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OR LEGACY

    Sec. 255.001. Definitions.

    Sec. 255.002. Certain Personal Property Excluded from Devise of Real Property.

    Sec. 255.003. Contents Excluded from Legacy of Personal Property.

    SUBCHAPTER B. SUCCESSION BY PRETERMITTED CHILD

    Sec. 255.051. Definition.

    Sec. 255.052. Applicability and Construction.

    Sec. 255.053. Succession by Pretermitted Child If Testator Has Living Child at Will’s Execution.

    Sec. 255.054. Succession by Pretermitted Child If Testator Has No Living Child at Will’s Execution.

    Sec. 255.055. Ratable Recovery by Pretermitted Child from Portions Passing to Other Beneficiaries.

    Sec. 255.056. Limitation on Reduction of Estate Passing to Surviving Spouse.

    SUBCHAPTER C. LIFETIME GIFTS AS SATISFACTION OF DEVISE

    Sec. 255.101. Certain Lifetime Gifts Considered Satisfaction of Devise.

    Sec. 255.102. Valuation of Property.

    SUBCHAPTER D. FAILURE OF DEVISE; DISPOSITION OF PROPERTY TO DEVISEE WHO PREDECEASES TESTATOR

    Sec. 255.151. Applicability of Subchapter.

    Sec. 255.152. Failure of Devise; Effect on Residuary Estate.

    Sec. 255.153. Disposition of Property to Certain Devisees Who Predecease Testator.

    Sec. 255.154. Devisee under Class Gift.

    SUBCHAPTER F. DEVISE OF SECURITIES

    Sec. 255.251. Definitions.

    Sec. 255.252. Increase in Securities; Accessions.

    Sec. 255.253. Cash Distribution Not Included in Devise.

    SUBCHAPTER G. EXONERATION OF DEBTS SECURED BY SPECIFIC DEVISES

    Sec. 255.301. No Right to Exoneration of Debts. Sec. 255.302. Exception.

    Sec. 255.303. Rights of Certain Creditors and Other Persons. Sec. 255.304. Applicability of Subchapter.

    SUBCHAPTER H. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL

    Sec. 255.351. Exercise of Power of Appointment Through Will.

    SUBCHAPTER I. CLASS GIFTS (§255.401)

    Sec. 255.401. Posthumous Class Gift Membership.

    SUBCHAPTER J. JUDICIAL MODIFICATION OR REFORMATION OF WILLS

    Sec. 255.451. Circumstances under Which Will May Be Modified or Reformed.

    Sec. 255.452. Judicial Discretion. Sec. 255.453. Retroactive Effect. Sec. 255.454. Powers Cumulative.

    Sec. 255.455. Duties and Liability of Personal Representative under Subchapter.

    CHAPTER 256. PROBATE OF WILLS GENERALLY

    SUBCHAPTER A. EFFECTIVENESS OF WILL; PERIOD FOR PROBATE

    Sec. 256.001. Will Not Effective until Probated. Sec. 256.002. Probate Before Death Void.

    Sec. 256.003. Period for Admitting Will to Probate; Protection for Certain Purchasers.

    SUBCHAPTER B. APPLICATION REQUIREMENTS

    Sec. 256.051. Eligible Applicants for Probate of Will.

    Sec. 256.052. Contents of Application for Probate of Will.

    Sec. 256.053. Filing of Will with Application for Probate Generally Required.

    Sec. 256.054. Additional Application Requirements When No Will Is Produced.

    SUBCHAPTER C. PROCEDURES FOR SECOND APPLICATION

    Sec. 256.101. Procedure on Filing of Second Application When Original Application Has Not Been Heard.

    Sec. 256.102. Procedure on Filing of Second Application for Probate after First Will Has Been Admitted.

    Sec. 256.103. Procedure When Application for Probate Is Filed after Letters of Administration Have Been Granted.

    SUBCHAPTER D. REQUIRED PROOF FOR PROBATE OF WILL

    Sec. 256.151. General Proof Requirements.

    Sec. 256.152. Additional Proof Required for Probate of Will. Sec. 256.153. Proof of Execution of Attested Will.

    Sec. 256.154. Proof of Execution of Holographic Will.

    Sec. 256.155. Procedures for Depositions When No Contest Is Filed. Sec. 256.156. Proof of Will Not Produced in Court.

    Sec. 256.157. Testimony Regarding Probate to Be Committed to Writing.

    SUBCHAPTER E. ADMISSION OF WILL TO, AND PROCEDURES FOLLOWING, PROBATE

    Sec. 256.201. Admission of Will to Probate. Sec. 256.202. Custody of Probated Will.

    Sec. 256.203. Establishing Contents of Will Not in Court’s Custody. Sec. 256.204. Period for Contest.

    CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE SUBCHAPTER A. AUTHORIZATION

    Sec. 257.001. Probate of Will as Muniment of Title Authorized.

    SUBCHAPTER B. APPLICATION AND PROOF REQUIREMENTS

    Sec. 257.051. Contents of Application Generally.

    Sec. 257.052. Filing of Will with Application Generally Required. Sec. 257.053. Additional Application Requirements When No Will Is Produced.

    Sec. 257.054. Proof Required.

    SUBCHAPTER C. ORDER ADMITTING WILL; REPORT

    Sec. 257.101. Declaratory Judgment Construing Will.

    Sec. 257.102. Authority of Certain Persons Acting in Accordance with Order.

    Sec. 257.103. Report by Applicant after Probate.

    CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL SUBCHAPTER A. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE OF WILL

    Sec. 258.001. Citation on Application for Probate of Will Produced in Court.

    Sec. 258.002. Citation on Application for Probate of Will Not Produced in Court.

    Sec. 258.003. Court Action Prohibited Before Service of Citation. SUBCHAPTER B. NOTICES WITH RESPECT TO APPLICATION TO PROBATE WILL AFTER THE PERIOD FOR PROBATE

    Sec. 258.051. Notice to Heirs.

    Sec. 258.052. Appointment of Attorney Ad Litem. Sec. 258.053. Previously Probated Will.

    SUBCHAPTER C. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE

    Sec. 258.101. Service by Publication or Other Substituted Service. SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION (Ch. 301 - 310)

    CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION SUBCHAPTER A. PERIOD FOR APPLICATION FOR LETTERS

    Sec. 301.001. Administration Before Death Void.

    Sec. 301.002. Period for Filing Application for Letters Testamentary or of Administration.

    SUBCHAPTER B. APPLICATION REQUIREMENTS

    Sec. 301.051. Eligible Applicants for Letters.

    Sec. 301.052. Contents of Application for Letters of Administration.

    SUBCHAPTER C. OPPOSITION TO CERTAIN APPLICATIONS

    Sec. 301.101. Opposition to Application for Letters of Administration.

    SUBCHAPTER D. REQUIRED PROOF FOR ISSUANCE OF LETTERS

    Sec. 301.151. General Proof Requirements.

    Sec. 301.152. Additional Proof Required for Letters Testamentary. Sec. 301.153. Additional Proof Required for Letters of Administration; Effect of Finding No Necessity for Administration Exists.

    Sec. 301.154. Proof Required When Letters Have Previously Been Granted.

    Sec. 301.155. Authorized Methods of Proof.

    SUBCHAPTER E. PREVENTION OF ADMINISTRATION

    Sec. 301.201. Method of Preventing Administration Requested by Creditor.

    Sec. 301.202. Suit on Bond.

    Sec. 301.203. Bond Secured by Lien.

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    CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING OF ADMINISTRATION

    Sec. 303.001. Citation on Application for Issuance of Letters of Administration.

    Sec. 303.002. Court Action Prohibited Before Service of Citation.

    CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES

    Sec. 304.001. Order of Persons Qualified to Serve as Personal Representative.

    Sec. 304.002. Renouncing Right to Serve as Personal Representative.

    Sec. 304.003. Persons Disqualified to Serve as Executor or Administrator.

    CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES SUBCHAPTER A. GENERAL PROVISIONS

    Sec. 305.001. Definitions.

    Sec. 305.002. Manner of Qualification of Personal Representative. Sec. 305.003. Period for Taking Oath.

    Sec. 305.004. Period for Giving Bond.

    SUBCHAPTER B. OATHS

    Sec. 305.051. Oath of Executor or Administrator with Will Annexed. Sec. 305.052. Oath of Administrator.

    Sec. 305.053. Oath of Temporary Administrator. Sec. 305.054. Administration of Oath.

    Sec. 305.055. Filing and Recording of Oath.

    SUBCHAPTER C. GENERAL PROVISIONS RELATING TO BONDS

    Sec. 305.101. Bond Generally Required; Exceptions.

    Sec. 305.102. Bond Required from Executor Otherwise Exempt. Sec. 305.103. Bonds of Joint Personal Representatives.

    Sec. 305.104. Bond of Married Person.

    Sec. 305.105. Bond of Married Person under 18 Years of Age. Sec. 305.106. General Formalities.

    Sec. 305.107. Subscription of Bond by Principals and Sureties. Sec. 305.108. Form of Bond.

    Sec. 305.109. Filing of Bond.

    Sec. 305.110. Failure to Give Bond.

    Sec. 305.111. Bond Not Void on First Recovery.

    SUBCHAPTER D. AMOUNT OF BOND AND ASSOCIATED DEPOSITS

    Sec. 305.151. General Standard Regarding Amount of Bond. Sec. 305.152. Evidentiary Hearing on Amount of Bond.

    Sec. 305.153. Specific Bond Amount.

    Sec. 305.154. Agreement Regarding Deposit of Estate Assets.

    Sec. 305.155. Deposit of Estate Assets on Terms Prescribed by Court.

    Sec. 305.156. Deposits of Personal Representative.

    Sec. 305.157. Receipt for Deposits of Personal Representative. Sec. 305.158. Bond Required Instead of Deposits by Personal Representative.

    Sec. 305.159. Withdrawal of Deposits on Closing of Administration. Sec. 305.160. Increased or Additional Bonds in Certain Circumstances.

    SUBCHAPTER E. BOND SURETIES

    Sec. 305.201. Personal or Authorized Corporate Sureties. Sec. 305.202. Sureties for Certain Bonds.

    Sec. 305.203. Affidavit of Personal Surety.

    Sec. 305.204. Lien on Real Property Owned by Personal Sureties. Sec. 305.205. Subordination of Lien on Real Property Owned by Personal Sureties.

    Sec. 305.206. Release of Lien on Real Property Owned by Perso