Texas Law
Probate Code


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Texas Laws | Probate Code

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CHAPTER I. GENERAL PROVISIONS

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Sec. 1. SHORT TITLE. This Act shall be known, and may be cited, as the "Texas Probate Code.

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Sec. 2. EFFECTIVE DATE AND APPLICATION. (a) Effective Date.

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Sec. 4A. GENERAL PROBATE COURT JURISDICTION; APPEALS. (a) All probate proceedings must be filed and heard in a court exercising original probate jurisdiction.

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Sec. 4C. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS. (a) In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, the county court has original jurisdiction of probate proceedings.

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Sec. 4E. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, when a matter in a probate proceeding is contested, the judge of the county court may, on the judge's own motion, or shall, on the motion of any party to the proceeding, transfer the contested matter to the county court at law.

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Sec. 4F. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings, regardless of whether contested or uncontested.

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Sec. 6A. VENUE: ACTION RELATED TO PROBATE PROCEEDING IN STATUTORY PROBATE COURT. Except as provided by Section 6B of this code, venue for any cause of action related to a probate proceeding pending in a statutory probate court is proper in the statutory probate court in which the decedent's estate is pending.

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Sec. 6B. VENUE: CERTAIN ACTIONS INVOLVING PERSONAL REPRESENTATIVE. Notwithstanding any other provision of this chapter, the proper venue for an action by or against a personal representative for personal injury, death, or property damages is determined under Section 15.

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Sec. 6D. VENUE: CERTAIN ACTIONS INVOLVING BREACH OF FIDUCIARY DUTY. Notwithstanding any other provision of this chapter, venue for a proceeding brought by the attorney general alleging breach of a fiduciary duty by a charitable entity or a fiduciary or managerial agent of a charitable trust is determined under Section 123.

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Sec. 8. CONCURRENT VENUE IN PROBATE PROCEEDING. (a) Concurrent Venue.

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Sec. 8A. TRANSFER OF VENUE IN PROBATE PROCEEDING. (a) Transfer for Want of Venue.

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Sec. 8B. VALIDATION OF PRIOR PROCEEDINGS. When a probate proceeding is transferred to another county under any provision of Section 8 or 8A of this Code, all orders entered in connection with the proceeding shall be valid and shall be recognized in the second court, provided such orders were made and entered in conformance with the procedure prescribed by this Code.

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Sec. 9. DEFECTS IN PLEADING. No defect of form or substance in any pleading in probate shall be held by any court to invalidate such pleading, or any order based upon such pleading, unless the defect has been timely objected to and called to the attention of the court in which such proceedings were or are pending.

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Sec. 10. PERSONS ENTITLED TO CONTEST PROCEEDINGS. Any person interested in an estate may, at any time before any issue in any proceeding is decided upon by the court, file opposition thereto in writing and shall be entitled to process for witnesses and evidence, and to be heard upon such opposition, as in other suits.

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Sec. 10A. NECESSARY PARTY. (a) An institution of higher education as defined by Section 61.

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Sec. 10B. COMMUNICATIONS OR RECORDS RELATING TO DECEDENT'S CONDITION BEFORE DEATH. Notwithstanding the Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), a person who is a party to a will contest or a proceeding in which a party relies on the mental or testamentary capacity of a decedent before the decedent's death as part of the party's claim or defense is entitled to production of all communications or records relevant to the decedent's condition before the decedent's death.

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Sec. 10C. EFFECT OF FILING OR CONTESTING PLEADING. (a) The filing or contesting in probate court of any pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the estate.

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Sec. 11. APPLICATIONS AND OTHER PAPERS TO BE FILED WITH CLERK. All applications for probate proceedings, complaints, petitions and all other papers permitted or required by law to be filed in the court in probate matters, shall be filed with the county clerk of the proper county who shall file the same and endorse on each paper the date filed and the docket number, and his official signature.

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Sec. 11A. EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS. (a) In this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.

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Sec. 12. COSTS AND SECURITY THEREFOR. (a) Applicability of Laws Regulating Costs.

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Sec. 14. CLAIM DOCKET. The county clerk shall also keep a record book to be styled "Claim Docket," and shall enter therein all claims presented against an estate for approval by the court.

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Sec. 15. CASE FILES. The county clerk shall maintain a case file for each decedent's estate in which a probate proceeding has been filed.

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Sec. 16. PROBATE FEE BOOK. The county clerk shall keep a record book styled "Probate Fee Book," and shall enter therein each item of costs which accrues to the officers of the court, together with witness fees, if any, showing the party to whom the costs or fees are due, the date of the accrual of the same, the estate or party liable therefor, and the date on which any such costs or fees are paid.

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Sec. 17. MAINTAINING RECORDS IN LIEU OF RECORD BOOKS. In lieu of keeping the record books described by Sections 13, 14, and 16 of this code, the county clerk may maintain the information relating to a person's or estate's probate proceedings maintained in those record books on a computer file, on microfilm, in the form of a digitized optical image, or in another similar form of data compilation.

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Sec. 17A. INDEX. The county clerk shall properly index the records and keep the index open for public inspection, but may not release the index from the clerk's custody.

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Sec. 18. USE OF RECORDS AS EVIDENCE. The record books or individual case files, including records on a computer file, on microfilm, in the form of a digitized optical image, or in another similar form of data compilation described in preceding sections of this code, or certified copies or reproductions of the records, shall be evidence in any court of this state.

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Sec. 19. CALL OF THE DOCKETS. The judge of the court in which probate proceedings are pending, at such times as he shall determine, shall call the estates of decedents in their regular order upon both the probate and claim dockets and make such orders as shall be necessary.

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Sec. 20. CLERK MAY SET HEARINGS. Whenever, on account of the county judge's absence from the county seat, or his being on vacation, disqualified, ill, or deceased, such judge is unable to designate the time and place for hearing a probate matter pending in his court, authority is hereby vested in the county clerk of the county in which such matter is pending to designate such time and place, entering such setting on the judge's docket and certifying thereupon why such judge is not acting by himself.

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Sec. 21. TRIAL BY JURY. In all contested probate and mental illness proceedings in the district court or in the county court or statutory probate court, county court at law or other statutory court exercising probate jurisdiction, the parties shall be entitled to trial by jury as in other civil actions.

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Sec. 22. EVIDENCE. In proceedings arising under the provisions of this Code, the rules relating to witnesses and evidence that govern in the District Court shall apply so far as practicable except that where a will is to be probated, and in other probate matters where there is no opposing party or attorney of record upon whom notice and copies of interrogatories may be served, service may be had by posting notice of intention to take depositions for a period of ten days as provided in this Code governing posting of notices.

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Sec. 23. DECREES. All decisions, orders, decrees, and judgments of the county court in probate matters shall be rendered in open court except in cases where it is otherwise specially provided.

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Sec. 24. ENFORCEMENT OF ORDERS. The county or probate judge may enforce obedience to all his lawful orders against executors and administrators by attachment and imprisonment, but no such imprisonment shall exceed three days for any one offense, unless otherwise expressly so provided in this Code.

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Sec. 25. EXECUTIONS. Executions in probate matters shall be directed "to any sheriff or any constable within the State of Texas," made returnable in sixty days, and shall be attested and signed by the clerk officially under the seal of the court.

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Sec. 26. ATTACHMENTS FOR PROPERTY. Whenever complaint in writing, under oath, shall be made to the county or probate judge by any person interested in the estate of a decedent that the executor or administrator is about to remove said estate, or any part thereof, beyond the limits of the State, such judge may order a writ to issue, directed "to any sheriff or any constable within the State of Texas," commanding him to seize such estate, or any part thereof, and hold the same subject to such further orders as such judge shall make on such complaint.

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Sec. 27. ENFORCEMENT OF SPECIFIC PERFORMANCE. When any person shall sell property and enter into bond or other written agreement to make title thereto, and shall depart this life without having made such title, the owner of such bond or written agreement or his legal representatives, may file a complaint in writing in the court of the county where the letters testamentary or of administration on the estate of the deceased obligor were granted, and cause the personal representative of such estate to be cited to appear at a date stated in the citation and show cause why specific performance of such bond or written agreement should not be decreed.

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Sec. 28. PERSONAL REPRESENTATIVE TO SERVE PENDING APPEAL OF APPOINTMENT. Pending appeals from orders or judgments appointing administrators or temporary administrators, the appointees shall continue to act as such and shall continue the prosecution of any suits then pending in favor of the estate.

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Sec. 29. APPEAL BONDS OF PERSONAL REPRESENTATIVES. When an appeal is taken by an executor or administrator, no bond shall be required, unless such appeal personally concerns him, in which case he must give the bond.

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Sec. 31. BILL OF REVIEW. Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or judgment rendered by the court, or by the judge thereof, revised and corrected on showing error therein; but no process or action under such decision, order or judgment shall be stayed except by writ of injunction, and no bill of review shall be filed after two years have elapsed from the date of such decision, order, or judgment.

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Sec. 32. COMMON LAW APPLICABLE. The rights, powers and duties of executors and administrators shall be governed by the principles of the common law, when the same do not conflict with the provisions of the statutes of this State.

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Sec. 33. ISSUANCE, CONTENTS, SERVICE, AND RETURN OF CITATION, NOTICES, AND WRITS IN PROBATE MATTERS. (a) When Citation or Notice Necessary.

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Sec. 34. SERVICE ON ATTORNEY. If any attorney shall have entered his appearance of record for any party in any proceeding in probate, all citations and notices required to be served on the party in such proceeding shall be served on the attorney, and such service shall be in lieu of service upon the party for whom the attorney appears.

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Sec. 34A. ATTORNEYS AD LITEM. Except as provided by Section 53(c) of this code, the judge of a probate court may appoint an attorney ad litem to represent the interests of a person having a legal disability, a nonresident, an unborn or unascertained person, or an unknown heir in any probate proceeding.

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Sec. 35. WAIVER OF NOTICE. Any person legally competent who is interested in any hearing in a proceeding in probate may, in person or by attorney, waive in writing notice of such hearing.

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Sec. 36. DUTY AND RESPONSIBILITY OF JUDGE. (a) It shall be the duty of each county and probate court to use reasonable diligence to see that personal representatives of estates being administered under orders of the court and other officers of the court perform the duty enjoined upon them by law pertaining to such estates.

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Sec. 36F. RESTRICTION ON REMOVAL OF CONTENTS OF SAFE DEPOSIT BOX. A person may not remove the contents of a decedent's safe deposit box except as provided by Section 36C or 36E of this code or except as provided by another law.

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CHAPTER II. DESCENT AND DISTRIBUTION

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Sec. 37. PASSAGE OF TITLE UPON INTESTACY AND UNDER A WILL. When a person dies, leaving a lawful will, all of his estate devised or bequeathed by such will, and all powers of appointment granted in such will, shall vest immediately in the devisees or legatees of such estate and the donees of such powers; and all the estate of such person, not devised or bequeathed, shall vest immediately in his heirs at law; subject, however, to the payment of the debts of the testator or intestate, except such as is exempted by law, and subject to the payment of court-ordered child support payments that are delinquent on the date of the person's death; and whenever a person dies intestate, all of his estate shall vest immediately in his heirs at law, but with the exception aforesaid shall still be liable and subject in their hands to the payment of the debts of the intestate and the delinquent child support payments; but upon the issuance of letters testamentary or of administration upon any such estate, the executor or administrator shall have the right to possession of the estate as it existed at the death of the testator or intestate, with the exception aforesaid; and he shall recover possession of and hold such estate in trust to be disposed of in accordance with the law.

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Sec. 37A. MEANS OF EVIDENCING DISCLAIMER OR RENUNCIATION OF PROPERTY OR INTEREST RECEIVABLE FROM A DECEDENT. (a) Persons Who May Disclaim.

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Sec. 37B. ASSIGNMENT OF PROPERTY RECEIVED FROM A DECEDENT. (a) A person entitled to receive property or an interest in property from a decedent under a will, by inheritance, or as a beneficiary under a life insurance contract, and who does not disclaim the property under Section 37A of this code, may assign the property or interest in property to any person.

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Sec. 38. PERSONS WHO TAKE UPON INTESTACY. (a) Intestate Leaving No Husband or Wife.

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Sec. 39. NO DISTINCTION BECAUSE OF PROPERTY'S SOURCE. There shall be no distinction in regulating the descent and distribution of the estate of a person dying intestate between property which may have been derived by gift, devise or descent from the father, and that which may have been derived by gift, devise or descent from the mother; and all the estate to which such intestate may have had title at the time of death shall descend and vest in the heirs of such person in the same manner as if he had been the original purchaser thereof.

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Sec. 40. INHERITANCE BY AND FROM AN ADOPTED CHILD. For purposes of inheritance under the laws of descent and distribution, an adopted child shall be regarded as the child of the parent or parents by adoption, such adopted child and its descendants inheriting from and through the parent or parents by adoption and their kin the same as if such child were the natural child of such parent or parents by adoption, and such parent or parents by adoption and their kin inheriting from and through such adopted child the same as if such child were the natural child of such parent or parents by adoption.

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Sec. 41. MATTERS AFFECTING AND NOT AFFECTING THE RIGHT TO INHERIT. (a) Persons Not in Being.

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Sec. 42. INHERITANCE RIGHTS OF CHILDREN. (a) Maternal Inheritance.

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Sec. 43. DETERMINATION OF PER CAPITA AND PER STIRPES DISTRIBUTION. When the intestate's children, descendants, brothers, sisters, uncles, aunts, or any other relatives of the deceased standing in the first or same degree alone come into the distribution upon intestacy, they shall take per capita, namely: by persons; and, when a part of them being dead and a part living, the descendants of those dead shall have right to distribution upon intestacy, such descendants shall inherit only such portion of said property as the parent through whom they inherit would be entitled to if alive.

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Sec. 46. JOINT TENANCIES. (a) If two or more persons hold an interest in property jointly, and one joint owner dies before severance, the interest of the decedent in the joint estate shall not survive to the remaining joint owner or owners but shall pass by will or intestacy from the decedent as if the decedent's interest had been severed.

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Sec. 47. REQUIREMENT OF SURVIVAL BY 120 HOURS. (a) Survival of Heirs.

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Sec. 47A. MARRIAGE VOIDABLE BASED ON MENTAL INCAPACITY. (a) If a proceeding under Chapter 6, Family Code, to declare a marriage void based on the lack of mental capacity of one of the parties to the marriage is pending on the date of death of one of those parties, or if a guardianship proceeding in which a court is requested under Chapter 6, Family Code, to declare a ward's or proposed ward's marriage void based on the lack of mental capacity of the ward or proposed ward is pending on the date of death of the ward or proposed ward, the court may make the determination and declare the marriage void after the decedent's death.

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CHAPTER III. DETERMINATION OF HEIRSHIP

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Sec. 48. PROCEEDINGS TO DECLARE HEIRSHIP. (a) When a person dies intestate owning or entitled to real or personal property in Texas, and there shall have been no administration in this State upon the person's estate; or when it is necessary for the trustee of a trust holding assets for the benefit of a decedent to determine the heirs of the decedent; or when there has been a will probated in this State or elsewhere, or an administration in this State upon the estate of such decedent, and any real or personal property in this State has been omitted from such will or from such administration, or no final disposition thereof has been made in such administration, the court of the county in which venue would be proper under Section 6C of this code may determine and declare in the manner hereinafter provided who are the heirs and only heirs of such decedent, and their respective shares and interests, under the laws of this State, in the estate of such decedent or, if applicable, in the trust, and proceedings therefor shall be known as proceedings to declare heirship.

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Sec. 49. WHO MAY INSTITUTE PROCEEDINGS TO DECLARE HEIRSHIP. (a) Such proceedings may be instituted and maintained under a circumstance specified in Section 48(a) of this code by the qualified personal representative of the estate of such decedent, by a party seeking the appointment of an independent administrator under Section 145 of this code, by the trustee of a trust holding assets for the benefit of the decedent, by any person or persons claiming to be a secured creditor or the owner of the whole or a part of the estate of such decedent, or by the guardian of the estate of a ward, if the proceedings are instituted and maintained in the probate court in which the proceedings for the guardianship of the estate were pending at the time of the death of the ward.

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Sec. 50. NOTICE. (a) Citation shall be served by registered or certified mail upon all distributees 12 years of age or older whose names and addresses are known, or whose names and addresses can be learned through the exercise of reasonable diligence, provided that the court may in its discretion require that service of citation shall be made by personal service upon some or all of those named as distributees in the application.

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Sec. 51. TRANSFER OF PROCEEDING WHEN WILL PROBATED OR ADMINISTRATION GRANTED. If an administration upon the estate of any such decedent shall be granted in the State, or if the will of such decedent shall be admitted to probate in this State, after the institution of a proceeding to declare heirship, the court in which such proceeding is pending shall, by an order entered of record therein, transfer the cause to the court of the county in which such administration shall have been granted, or such will shall have been probated, and thereupon the clerk of the court in which such proceeding was originally filed shall send to the clerk of the court named in such order, a certified transcript of all pleadings, entries in the judge's probate docket, and orders of the court in such cause.

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Sec. 52. RECORDED INSTRUMENTS AS PRIMA FACIE EVIDENCE. (a) A statement of facts concerning the family history, genealogy, marital status, or the identity of the heirs of a decedent shall be received in a proceeding to declare heirship, or in a suit involving title to real or personal property, as prima facie evidence of the facts therein stated, if the statement is contained in either an affidavit or any other instrument legally executed and acknowledged or sworn to before, and certified by, an officer authorized to take acknowledgments or oaths as applicable, or any judgment of a court of record, and if the affidavit or instrument has been of record for five years or more in the deed records of any county in this state in which such real or personal property is located at the time the suit is instituted, or in the deed records of any county of this state in which the decedent had his domicile or fixed place of residence at the time of his death.

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AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS

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Sec. 53A. ORDER FOR GENETIC TESTING AUTHORIZED. (a) In a proceeding to declare heirship under this chapter, the court may, on the court's own motion, and shall, on the request of a party to the proceeding, order one or more specified individuals to submit to genetic testing as provided for in Subchapter F, Chapter 160, Family Code.

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Sec. 53E. PROCEEDINGS AND RECORDS PUBLIC. A proceeding under this chapter involving genetic testing is open to the public as in other civil cases, and papers and records in the proceeding are available for public inspection.

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Sec. 54. JUDGMENT. The judgment of the court in a proceeding to declare heirship shall declare the names and places of residence of the heirs of the decedent, and their respective shares and interests in the real and personal property of such decedent.

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Sec. 55. EFFECT OF JUDGMENT. (a) Such judgment shall be a final judgment, and may be appealed or reviewed within the same time limits and in the same manner as may other judgments in probate matters at the instance of any interested person.

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Sec. 56. FILING OF CERTIFIED COPY OF JUDGMENT. A certified copy of such judgment may be filed for record in the office of the county clerk of the county in which any of the real property described in such judgment is situated, and recorded in the deed records of such county, and indexed in the name of such decedent as grantor and of the heirs named in such judgment as grantees; and, from and after such filing, such judgment shall constitute constructive notice of the facts set forth therein.

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CHAPTER IV. EXECUTION AND REVOCATION OF WILLS

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Sec. 57. WHO MAY EXECUTE A WILL. Every person who has attained the age of eighteen years, or who is or has been lawfully married, or who is a member of the armed forces of the United States or of the auxiliaries thereof or of the maritime service at the time the will is made, being of sound mind, shall have the right and power to make a last will and testament, under the rules and limitations prescribed by law.

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Sec. 58. INTERESTS WHICH MAY PASS UNDER A WILL. (a) Every person competent to make a last will and testament may thereby devise and bequeath all the estate, right, title, and interest in property the person has at the time of the person's death, subject to the limitations prescribed by law.

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Sec. 59. REQUISITES OF A WILL. (a) Every last will and testament, except where otherwise provided by law, shall be in writing and signed by the testator in person or by another person for him by his direction and in his presence, and shall, if not wholly in the handwriting of the testator, be attested by two or more credible witnesses above the age of fourteen years who shall subscribe their names thereto in their own handwriting in the presence of the testator.

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Sec. 60. EXCEPTION PERTAINING TO HOLOGRAPHIC WILLS. Where the will is written wholly in the handwriting of the testator, the attestation of the subscribing witnesses may be dispensed with.

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Sec. 61. BEQUEST TO WITNESS. Should any person be a subscribing witness to a will, and also be a legatee or devisee therein, if the will cannot be otherwise established, such bequest shall be void, and such witness shall be allowed and compelled to appear and give his testimony in like manner as if no such bequest had been made.

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Sec. 62. CORROBORATION OF TESTIMONY OF INTERESTED WITNESS. In the situation covered by the preceding Section, the bequest to the subscribing witness shall not be void if his testimony proving the will is corroborated by one or more disinterested and credible persons who testify that the testimony of the subscribing witness is true and correct, and such subscribing witness shall not be regarded as an incompetent or non-credible witness under Section 59 of this Code.

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Sec. 63. REVOCATION OF WILLS. No will in writing, and no clause thereof or devise therein, shall be revoked, except by a subsequent will, codicil, or declaration in writing, executed with like formalities, or by the testator destroying or canceling the same, or causing it to be done in his presence.

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Sec. 67. PRETERMITTED CHILD. (a) Whenever a pretermitted child is not mentioned in the testator's will, provided for in the testator's will, or otherwise provided for by the testator, the pretermitted child shall succeed to a portion of the testator's estate as provided by Subsection (a)(1) or (a)(2) of this section, except as limited by Subsection (e) of this section.

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Sec. 68. PRIOR DEATH OF LEGATEE. (a) If a devisee who is a descendant of the testator or a descendant of a testator's parent is deceased at the time of the execution of the will, fails to survive the testator, or is treated as if the devisee predeceased the testator by Section 47 of this code or otherwise, the descendants of the devisee who survived the testator by 120 hours take the devised property in place of the devisee.

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Sec. 69. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE. (a) In this section, "relative" means an individual who is related to another individual by consanguinity or affinity, as determined under Sections 573.

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Sec. 69A. CHANGING WILLS. (a) A court may not prohibit a person from executing a new will or a codicil to an existing will.

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Sec. 71. DEPOSIT OF WILL WITH COURT DURING TESTATOR'S LIFETIME. (a) Deposit of Will.

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Sec. 71A. NO RIGHT TO EXONERATION OF DEBTS; EXCEPTION. (a) Except as provided by Subsection (b) of this section, a specific devise passes to the devisee subject to each debt secured by the property that exists on the date of the testator's death, and the devisee has no right to exoneration from the testator's estate for payment of the debt.

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CHAPTER V. PROBATE AND GRANT OF ADMINISTRATION

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PART 1. ESTATES OF DECEDENTS

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Sec. 72. PROCEEDINGS BEFORE DEATH; ADMINISTRATION IN ABSENCE OF DIRECT EVIDENCE OF DEATH; DISTRIBUTION; LIMITATION OF LIABILITY; RESTORATION OF ESTATE; VALIDATION OF PROCEEDINGS. (a) The probate of a will or administration of an estate of a living person shall be void; provided, however, that the court shall have jurisdiction to determine the fact, time and place of death, and where application is made for the grant of letters testamentary or of administration upon the estate of a person believed to be dead and there is no direct evidence that such person is dead but the death of such person shall be proved by circumstantial evidence to the satisfaction of the court, such letters shall be granted.

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Sec. 73. PERIOD FOR PROBATE. (a) No will shall be admitted to probate after the lapse of four years from the death of the testator unless it be shown by proof that the party applying for such probate was not in default in failing to present the same for probate within the four years aforesaid; and in no case shall letters testamentary be issued where a will is admitted to probate after the lapse of four years from the death of the testator.

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Sec. 74. TIME TO FILE APPLICATION FOR LETTERS TESTAMENTARY OR ADMINISTRATION. All applications for the grant of letters testamentary or of administration upon an estate must be filed within four years after the death of the testator or intestate; provided, that this section shall not apply in any case where administration is necessary in order to receive or recover funds or other property due to the estate of the decedent.

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Sec. 75. DUTY AND LIABILITY OF CUSTODIAN OF WILL. Upon receiving notice of the death of a testator, the person having custody of the testator's will shall deliver it to the clerk of the court which has jurisdiction of the estate.

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Sec. 79. WAIVER OF RIGHT TO SERVE. The surviving husband or wife, or, if there be none, the heirs or any one of the heirs of the deceased to the exclusion of any person not equally entitled, may, in open court, or by power of attorney duly authenticated and filed with the county clerk of the county where the application is filed, renounce his right to letters testamentary or of administration in favor of another qualified person, and thereupon the court may grant letters to such person.

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Sec. 80. PREVENTION OF ADMINISTRATION. (a) Method of Prevention.

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Sec. 84. PROOF OF WRITTEN WILL PRODUCED IN COURT. (a) Self-Proved Will.

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Sec. 85. PROOF OF WRITTEN WILL NOT PRODUCED IN COURT. A written will which cannot be produced in court shall be proved in the same manner as provided in the preceding Section for an attested written will or an holographic will, as the case may be, and the same amount and character of testimony shall be required to prove such will as is required to prove a written will produced in court; but, in addition thereto, the cause of its non-production must be proved, and such cause must be sufficient to satisfy the court that it cannot by any reasonable diligence be produced, and the contents of such will must be substantially proved by the testimony of a credible witness who has read the will, has heard the will read, or can identify a copy of the will.

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Sec. 87. TESTIMONY TO BE COMMITTED TO WRITING. All testimony taken in open court upon the hearing of an application to probate a will shall be committed to writing at the time it is taken, and subscribed, and sworn to in open court by the witness or witnesses, and filed by the clerk; provided, however, that in any contested case, the court may, upon agreement of the parties, and in the event of no agreement on its own motion, dismiss this requirement.

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Sec. 88. PROOF REQUIRED FOR PROBATE AND ISSUANCE OF LETTERS TESTAMENTARY OR OF ADMINISTRATION. (a) General Proof.

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Sec. 89. ACTION OF COURT ON PROBATED WILL. Upon the completion of hearing of an application for the probate of a will, if the Court be satisfied that such will should be admitted to probate, an order to that effect shall be entered.

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Sec. 89B. PROOF REQUIRED FOR PROBATE OF A WILL AS A MUNIMENT OF TITLE. (a) General Proof.

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Sec. 89C. PROBATE OF WILLS AS MUNIMENTS OF TITLE. (a) In each instance where the court is satisfied that a will should be admitted to probate, and where the court is further satisfied that there are no unpaid debts owing by the estate of the testator, excluding debts secured by liens on real estate, or for other reason finds that there is no necessity for administration upon such estate, the court may admit such will to probate as a muniment of title.

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Sec. 90. CUSTODY OF PROBATED WILLS. All original wills, together with the probate thereof, shall be deposited in the office of the county clerk of the county wherein the same shall have been probated, and shall there remain, except during such time as they may be removed for inspection to another place upon order by the court where probated.

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Sec. 91. WHEN WILL NOT IN CUSTODY OF COURT. If for any reason a written will is not in the custody of the court, the court shall find the contents thereof by written order, and certified copies of same as so established by the court may be recorded in other counties, and may be used in evidence, as in the case of certified copies of written wills in the custody of the court.

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Sec. 92. PERIOD FOR PROBATE DOES NOT AFFECT SETTLEMENT. Where letters testamentary or of administration shall have once been granted, any person interested in the administration of the estate may proceed, after any lapse of time, to compel settlement of the estate when it does not appear from the record that the administration thereof has been closed.

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Sec. 93. PERIOD FOR CONTESTING PROBATE. After a will has been admitted to probate, any interested person may institute suit in the proper court to contest the validity thereof, within two years after such will shall have been admitted to probate, and not afterward, except that any interested person may institute suit in the proper court to cancel a will for forgery or other fraud within two years after the discovery of such forgery or fraud, and not afterward.

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Sec. 94. NO WILL EFFECTUAL UNTIL PROBATED. Except as hereinafter provided with respect to foreign wills, no will shall be effectual for the purpose of proving title to, or the right to the possession of, any real or personal property disposed of by the will, until such will has been admitted to probate.

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PART 2. PROCEDURE PERTAINING TO FOREIGN WILLS

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Sec. 95. PROBATE OF FOREIGN WILL ACCOMPLISHED BY FILING AND RECORDING. (a) Foreign Will May Be Probated.

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Sec. 96. FILING AND RECORDING FOREIGN WILL IN DEED RECORDS. When any will or testamentary instrument conveying or in any manner disposing of land in this State has been duly probated according to the laws of any of the United States, or territories thereof, or the District of Columbia, or of any country out of the limits of the United States, a copy thereof and of its probate which bears the attestation, seal and certificate required by the preceding Section, may be filed and recorded in the deed records in any county of this State in which said real estate is situated, in the same manner as deeds and conveyances are required to be recorded under the laws of this State, and without further proof or authentication; provided that the validity of such a will or testamentary instrument filed under this Section may be contested in the manner and to the extent hereinafter provided.

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Sec. 97. PROOF REQUIRED FOR RECORDING IN DEED RECORDS. A copy of such foreign will or testamentary instrument, and of its probate attested as provided above, together with the certificate that said attestation is in due form, shall be prima facie evidence that said will or testamentary instrument has been duly admitted to probate, according to the laws of the state, territory, district, or country wherein it has allegedly been admitted to probate, and shall be sufficient to authorize the same to be recorded in the deed records in the proper county or counties in this State.

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Sec. 98. EFFECT OF RECORDING COPY OF WILL IN DEED RECORDS. Every such foreign will, or testamentary instrument, and the record of its probate, which shall be attested and proved, as hereinabove provided, and delivered to the county clerk of the proper county in this State to be recorded in the deed records, shall take effect and be valid and effectual as a deed of conveyance of all property in this State covered by said foreign will or testamentary instrument; and the record thereof shall have the same force and effect as the record of deeds or other conveyances of land from the time when such instrument is delivered to the clerk to be recorded, and from that time only.

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Sec. 99. RECORDING IN DEED RECORDS SERVES AS NOTICE OF TITLE. The record of any such foreign will, or testamentary instrument, and of its probate, duly attested and proved and filed for recording in the deed records of the proper county, shall be notice to all persons of the existence of such will or testamentary instrument, and of the title or titles conferred thereby.

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Sec. 100. CONTEST OF FOREIGN WILLS. (a) Will Admitted in Domiciliary Jurisdiction.

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Sec. 101. NOTICE OF CONTEST OF FOREIGN WILL. Within the time permitted for the contest of a foreign will in this State, verified notice may be filed and recorded in the judge's probate docket of the court in this State in which the will was probated, or the deed records of any county in this State in which such will was recorded, that proceedings have been instituted to contest the will in the foreign jurisdiction where it was probated or established.

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Sec. 102. EFFECT OF REJECTION OF WILL IN DOMICILIARY PROCEEDINGS. Final rejection of a will or other testamentary instrument from probate or establishment in the jurisdiction in which the testator was domiciled shall be conclusive in this State, except where the will or other testamentary instrument has been rejected solely for a cause which is not ground for rejection of a will of a testator who died domiciled in this State, in which case the will or testamentary instrument may nevertheless be admitted to probate or continue to be effective in this State.

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Sec. 103. ORIGINAL PROBATE OF FOREIGN WILL IN THIS STATE. Original probate of the will of a testator who died domiciled outside this State which, upon probate, may operate upon any property in this State, and which is valid under the laws of this State, may be granted in the same manner as the probate of other wills is granted under this Code, if the will does not stand rejected from probate or establishment in the jurisdiction where the testator died domiciled, or if it stands rejected from probate or establishment in the jurisdiction where the testator died domiciled solely for a cause which is not ground for rejection of a will of a testator who died domiciled in this State.

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Sec. 104. PROOF OF FOREIGN WILL IN ORIGINAL PROBATE PROCEEDING. If a testator dies domiciled outside this State, a copy of his will, authenticated in the manner required by this Code, shall be sufficient proof of the contents of the will to admit it to probate in an original proceeding in this State if no objection is made thereto.

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Sec. 105. EXECUTOR OF WILL PROBATED IN ANOTHER JURISDICTION. When a foreign will is admitted to ancillary probate in accordance with Section 95 of this Code, the executor named in such will shall be entitled to receive, upon application, letters testamentary upon proof that he has qualified as such in the jurisdiction in which the will was admitted to probate, and that he is not disqualified to serve as executor in this State.

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Sec. 105A. APPOINTMENT AND SERVICE OF FOREIGN BANKS AND TRUST COMPANIES IN FIDUCIARY CAPACITY. (a) A corporate fiduciary that does not have its main office or a branch office in this state, hereinafter called "foreign corporate fiduciaries", having the corporate power to so act, may be appointed and may serve in the State of Texas as trustee (whether of a personal or corporate trust), executor, administrator, guardian of the estate, or in any other fiduciary capacity, whether the appointment be by will, deed, agreement, declaration, indenture, court order or decree, or otherwise, when and to the extent that the home state of the corporate fiduciary grants authority to serve in like fiduciary capacity to a corporate fiduciary whose home state is this state.

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Sec. 106. WHEN FOREIGN EXECUTOR TO GIVE BOND. A foreign executor shall not be required to give bond if the will appointing him so provides.

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Sec. 107. POWER OF SALE OF FOREIGN EXECUTOR OR TRUSTEE. When by any foreign will recorded in the deed records of any county in this state in the manner provided herein, power is given an executor or trustee to sell any real or personal property situated in this state, no order of a court of this state shall be necessary to authorize such executor or trustee to make such sale and execute proper conveyance, and whenever any particular directions are given by a testator in any such will respecting the sale of any such property situated in this state, belonging to his estate, the same shall be followed unless such directions have been annulled or suspended by order of a court of competent jurisdiction.

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Sec. 107A. SUIT FOR THE RECOVERY OF DEBTS BY A FOREIGN EXECUTOR OR ADMINISTRATOR. (a) On giving notice by registered or certified mail to all creditors of the decedent in this state who have filed a claim against the estate of the decedent for a debt due to the creditor, a foreign executor or administrator of a person who was a nonresident at the time of death may prosecute a suit in this state for the recovery of debts due to the decedent.

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PART 3. EMERGENCY INTERVENTION PROCEEDINGS; FUNERAL AND BURIAL EXPENSES

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Sec. 108. TIME TO FILE EMERGENCY APPLICATION. An applicant may file an application requesting emergency intervention by a court exercising probate jurisdiction to provide for the payment of funeral and burial expenses or the protection and storage of personal property owned by the decedent that was located in rented accommodations on the date of the decedent's death with the clerk of the court in the county of domicile of the decedent or the county in which the rental accommodations that contain the decedent's personal property are located.

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Sec. 109. ELIGIBLE APPLICANTS FOR EMERGENCY INTERVENTION. A person qualified to serve as an administrator under Section 77 of this code may file an emergency intervention application.

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Sec. 113. ORDERS OF EMERGENCY INTERVENTION. (a) If the court determines on review of an application filed under Section 108 of this code that emergency intervention is necessary to obtain funds needed for a decedent's funeral and burial expenses, the court may order funds of the decedent held by an employer, individual, or financial institution to be paid directly to a funeral home only for reasonable and necessary attorney's fees for the attorney who obtained the order granted under this section, for court costs for obtaining the order, and for funeral and burial expenses not to exceed $5,000 as ordered by the court to provide the decedent with a reasonable, dignified, and appropriate funeral and burial.

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Sec. 114. TERMINATION. (a) All power and authority of an applicant under an emergency intervention order cease to be effective or enforceable on the 90th day after the date the order was issued or on the date a personal representative is qualified, whichever occurs first.

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PART 4. CITATIONS AND NOTICES

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Sec. 128. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE OR FOR ISSUANCE OF LETTERS. (a) Where Application Is for Probate of a Written Will Produced in Court or for Letters of Administration.

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Sec. 128A. NOTICE TO CERTAIN BENEFICIARIES AFTER PROBATE OF WILL. (a) In this section, "beneficiary" means a person, entity, state, governmental agency of the state, charitable organization, or trustee of a trust entitled to receive property under the terms of a decedent's will, to be determined for purposes of this section with the assumption that each person who is alive on the date of the decedent's death survives any period required to receive the bequest as specified by the terms of the will.

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Sec. 128B. NOTICE TO HEIRS ON APPLICATION TO PROBATE WILL AFTER FOUR YEARS. (a) Except as provided by Subsection (b) of this section, an applicant for the probate of a will under Section 73(a) of this code must give notice by service of process to each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence.

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Sec. 129. VALIDATION OF PRIOR MODES OF SERVICE OF CITATION. (a) In all cases where written wills produced in court have been probated prior to June 14, 1927, after publication of citation as provided by the then Article 28 of the Revised Civil Statutes of Texas (1925), without service of citation, the action of the courts in admitting said wills to probate is hereby validated in so far as service of citation is concerned.

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Sec. 129A. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE. Notwithstanding any other provisions of this part of this chapter, if an attempt to make service under this part of this chapter is unsuccessful, service may be made in the manner provided by Rule 109 or 109a, Texas Rules of Civil Procedure, for the service of a citation on a party by publication or other substituted service.

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CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION

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PART 1. TEMPORARY ADMINISTRATION IN THE INTEREST OF ESTATES OF DEPENDENTS

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Sec. 131A. APPOINTMENT OF TEMPORARY ADMINISTRATORS. (a) If a county judge determines that the interest of a decedent's estate requires the immediate appointment of a personal representative, he shall, by written order, appoint a temporary administrator with limited powers as the circumstances of the case require.

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Sec. 132. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR ADMINISTRATION. (a) Appointment of Temporary Administrator.

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Sec. 133. POWERS OF TEMPORARY ADMINISTRATORS. Temporary administrators shall have and exercise only such rights and powers as are specifically expressed in the order of the court appointing them, and as may be expressed in subsequent orders of the court.

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Sec. 134. ACCOUNTING. At the expiration of a temporary appointment, the appointee shall file with the clerk of the court a sworn list of all property of the estate which has come into his hands, a return of all sales made by him, and a full exhibit and account of all his acts as such appointee.

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Sec. 135. CLOSING TEMPORARY ADMINISTRATION. The list, return, exhibit, and account so filed shall be acted upon by the court and, whenever temporary letters shall expire or cease to be of effect for any cause, the court shall immediately enter an order requiring such temporary appointee forthwith to deliver the estate remaining in his possession to the person or persons legally entitled to its possession.

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PART 3. SMALL ESTATES

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Sec. 138. EFFECT OF AFFIDAVIT. The person making payment, delivery, transfer or issuance pursuant to the affidavit described in the preceding Section shall be released to the same extent as if made to a personal representative of the decedent, and shall not be required to see to the application thereof or to inquire into the truth of any statement in the affidavit, but the distributees to whom payment, delivery, transfer, or issuance is made shall be answerable therefor to any person having a prior right and be accountable to any personal representative thereafter appointed.

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Sec. 139. APPLICATION FOR ORDER OF NO ADMINISTRATION. If the value of the entire assets of an estate, not including homestead and exempt property, does not exceed the amount to which the surviving spouse, minor children, and adult incapacitated children of the decedent are entitled as a family allowance, there may be filed by or on behalf of the surviving spouse, minor children, or adult incapacitated children an application in any court of proper venue for administration, or, if an application for the appointment of a personal representative has been filed but not yet granted, then in the court where such application has been filed, requesting the court to make a family allowance and to enter an order that no administration shall be necessary.

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Sec. 140. HEARING AND ORDER UPON THE APPLICATION. Upon the filing of an application for no administration such as that provided for in the preceding Section, the court may hear the same forthwith without notice, or at such time and upon such notice as the court requires.

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Sec. 141. EFFECT OF ORDER. The order that no administration be had on the estate shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent of any evidence of interest, indebtedness, property, or right, belonging to the estate, and to persons purchasing from or otherwise dealing with the estate, for payment or transfer to the persons described in the order as entitled to receive the estate without administration, and the persons so described in the order shall be entitled to enforce their right to such payment or transfer by suit.

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Sec. 142. PROCEEDING TO REVOKE ORDER. At any time within one year after the entry of an order of no administration, and not thereafter, any interested person may file an application to revoke the same, alleging that other property has been discovered, or that property belonging to the estate was not included in the application for no administration, or that the property described in the application was incorrectly valued, and that if said property were added, included, or correctly valued, as the case may be, the total value of the property would exceed that necessary to justify the court in ordering no administration.

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Sec. 143. SUMMARY PROCEEDINGS FOR SMALL ESTATES AFTER PERSONAL REPRESENTATIVE APPOINTED. Whenever, after the inventory, appraisement, and list of claims or the affidavit in lieu of the inventory, appraisement, and list of claims has been filed by a personal representative, it is established that the estate of a decedent, exclusive of the homestead and exempt property and family allowance to the surviving spouse, minor children, and adult incapacitated children, does not exceed the amount sufficient to pay the claims of Classes One to Four, inclusive, as claims are hereinafter classified, the personal representative shall, upon order of the court, pay the claims in the order provided and to the extent permitted by the assets of the estate subject to the payment of such claims, and thereafter present the personal representative's account with an application for the settlement and allowance thereof.

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PART 4. INDEPENDENT ADMINISTRATION

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Sec. 145. INDEPENDENT ADMINISTRATION. (a) Independent administration of an estate may be created as provided in Subsections (b) through (e) of this section.

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Sec. 145A. GRANTING POWER OF SALE BY AGREEMENT. In a situation in which a decedent does not have a will or a decedent's will does not contain language authorizing the personal representative to sell real property or contains language that is not sufficient to grant the representative that authority, the court may include in an order appointing an independent executor under Section 145 of this code any general or specific authority regarding the power of the independent executor to sell real property that may be consented to by the beneficiaries who are to receive any interest in the real property in the application for independent administration or in their consents to the independent administration.

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Sec. 145B. INDEPENDENT EXECUTORS MAY ACT WITHOUT COURT APPROVAL. Unless this code specifically provides otherwise, any action that a personal representative subject to court supervision may take with or without a court order may be taken by an independent executor without a court order.

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Sec. 145C. POWER OF SALE OF ESTATE PROPERTY. (a) Definition.

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Sec. 146. PAYMENT OF CLAIMS AND DELIVERY OF EXEMPTIONS AND ALLOWANCES. (a) Duty of the Independent Executor.

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Sec. 147. ENFORCEMENT OF CLAIMS BY SUIT. Any person having a debt or claim against the estate may enforce the payment of the same by suit against the independent executor; and, when judgment is recovered against the independent executor, the execution shall run against the estate of the decedent in the hands of the independent executor which is subject to such debt.

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Sec. 148. REQUIRING HEIRS TO GIVE BOND. When an independent administration is created and the order appointing an independent executor is entered by the county court, any person having a debt against such estate may, by written complaint filed in the county court where such order was entered, cause all distributees of the estate, heirs at law, and other persons entitled to any portion of such estate under the will, if any, to be cited by personal service to appear before such county court and execute a bond for an amount equal to the amount of the creditor's claim or the full value of such estate, as shown by the inventory and list of claims, whichever is the smaller, such bond to be payable to the judge, and his successors, and to be approved by said judge, and conditioned that all obligors shall pay all debts that shall be established against such estate in the manner provided by law.

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Sec. 149. REQUIRING INDEPENDENT EXECUTOR TO GIVE BOND. When it has been provided by will, regularly probated, that an independent executor appointed by such will shall not be required to give bond for the management of the estate devised by such will, the direction shall be observed, unless it be made to appear at any time that such independent executor is mismanaging the property, or has betrayed or is about to betray his trust, or has in some other way become disqualified, in which case, upon proper proceedings had for that purpose, as in the case of executors or administrators acting under orders of the court, such executor may be required to give bond.

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Sec. 149A. ACCOUNTING. (a) Interested Person May Demand Accounting.

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Sec. 149B. ACCOUNTING AND DISTRIBUTION. (a) In addition to or in lieu of the right to an accounting provided by Section 149A of this code, at any time after the expiration of two years from the date the court clerk first issues letters testamentary or of administration to any personal representative of an estate, a person interested in the estate then subject to independent administration may petition the county court, as that term is defined by Section 3 of this code, for an accounting and distribution.

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Sec. 149D. DISTRIBUTION OF REMAINING ESTATE PENDING JUDICIAL DISCHARGE. (a) On or before filing an action under Section 149E of this code, the independent executor must distribute to the beneficiaries of the estate any of the remaining assets or property of the estate that remains in the hands of the independent executor after all of the estate's debts have been paid, except for a reasonable reserve of assets that the independent executor may retain in a fiduciary capacity pending court approval of the final account.

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Sec. 149E. JUDICIAL DISCHARGE OF INDEPENDENT EXECUTOR. (a) After an estate has been administered and if there is no further need for an independent administration of the estate, the independent executor of the estate may file an action for declaratory judgment under Chapter 37, Civil Practice and Remedies Code, seeking to discharge the independent executor from any liability involving matters relating to the past administration of the estate that have been fully and fairly disclosed.

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Sec. 149F. COURT COSTS AND OTHER CHARGES RELATED TO FINAL ACCOUNT IN JUDICIAL DISCHARGE. (a) Except as ordered by the court, the independent executor is entitled to pay from the estate legal fees, expenses, or other costs of a proceeding incurred in relation to a final account required under Section 149E of this code.

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Sec. 149G. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies conferred by Sections 149D, 149E, and 149F of this code are cumulative of other rights and remedies to which a person interested in the estate may be entitled under law.

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Sec. 150. PARTITION AND DISTRIBUTION OR SALE OF PROPERTY INCAPABLE OF DIVISION. If the will does not distribute the entire estate of the testator, or provide a means for partition of said estate, or if no will was probated, the independent executor may file his final account in the county court in which the will was probated, or if no will was probated, in the county court in which the order appointing the independent executor was entered, and ask for either partition and distribution of the estate or an order of sale of any portion of the estate alleged by the independent executor and found by the court to be incapable of a fair and equal partition and distribution, or both; and the same either shall be partitioned and distributed or shall be sold, or both, in the manner provided for the partition and distribution of property and the sale of property incapable of division in estates administered under the direction of the county court.

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Sec. 151. CLOSING INDEPENDENT ADMINISTRATION BY CLOSING REPORT OR NOTICE OF CLOSING ESTATE. (a) Filing of Closing Report or Notice of Closing Estate.

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Sec. 153. ISSUANCE OF LETTERS. At any time before the authority of an independent executor has been terminated in the manner set forth in the preceding Sections, the clerk shall issue such number of letters testamentary as the independent executor shall request.

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Sec. 154. POWERS OF AN ADMINISTRATOR WHO SUCCEEDS AN INDEPENDENT EXECUTOR. (a) Grant of Powers by Court.

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Sec. 154A. COURT-APPOINTED SUCCESSOR INDEPENDENT EXECUTOR. (a) If the will of a person who dies testate names an independent executor who, having qualified, fails for any reason to continue to serve, or is removed for cause by the court, and the will does not name a successor independent executor or if each successor executor named in the will fails for any reason to qualify as executor or indicates by affidavit filed with the application for an order continuing independent administration his inability or unwillingness to serve as successor independent executor, all of the distributees of the decedent as of the filing of the application for an order continuing independent administration may apply to the county court for the appointment of a qualified person, firm, or corporation to serve as successor independent executor.

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PART 5. ADMINISTRATION OF COMMUNITY PROPERTY

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Sec. 155. NO NECESSITY FOR ADMINISTRATION OF COMMUNITY PROPERTY. When a husband or wife dies intestate and the community property passes to the survivor, no administration thereon shall be necessary.

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Sec. 156. LIABILITY OF COMMUNITY PROPERTY FOR DEBTS. The community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse upon death.

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Sec. 160. POWERS OF SURVIVING SPOUSE WHEN NO ADMINISTRATION IS PENDING. (a) When no one has qualified as executor or administrator of the estate of a deceased spouse, the surviving spouse, whether the husband or wife, as the surviving partner of the marital partnership has power to sue and be sued for the recovery of community property; to sell, mortgage, lease, and otherwise dispose of community property for the purpose of paying community debts; to collect claims due to the community estate; and has such other powers as shall be necessary to preserve the community property, discharge community obligations, and wind up community affairs.

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Sec. 168. ACCOUNTING BY SURVIVOR. The survivor shall keep a fair and full account and statement of all community debts and expenses paid by him, and of the disposition made of the community property; and, upon final partition of such estate, shall deliver to the heirs, devisees or legatees of the deceased spouse their interest in such estate, and the increase and profits of the same, after deducting therefrom the proportion of the community debts chargeable thereto, unavoidable losses, necessary and reasonable expenses, and a reasonable commission for the management of the same.

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Sec. 176. REMARRIAGE OF SURVIVING SPOUSE. The remarriage of a surviving spouse shall not terminate the surviving spouse's powers as a surviving partner.

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Sec. 177. DISTRIBUTION OF POWERS AMONG PERSONAL REPRESENTATIVES AND SURVIVING SPOUSE. When a personal representative of the estate of a deceased spouse has duly qualified, the personal representative is authorized to administer, not only the separate property of the deceased spouse, but also the community property which was by law under the management of the deceased spouse during the continuance of the marriage and all of the community property that was by law under the joint control of the spouses during the continuance of the marriage.

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CHAPTER VII. EXECUTORS AND ADMINISTRATORS

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PART 1. APPOINTMENT AND ISSUANCE OF LETTERS

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Sec. 178. WHEN LETTERS TESTAMENTARY OR OF ADMINISTRATION SHALL BE GRANTED. (a) Letters Testamentary.

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Sec. 179. OPPOSITION TO GRANT OF LETTERS OF ADMINISTRATION. When application is made for letters of administration, any interested person may at any time before the application is granted, file the person's opposition thereto in writing, and may apply for the grant of letters to the person or to any other person; and, upon the trial, the court shall grant letters to the person that may seem best entitled to them, having regard to applicable provisions of this Code, without further notice than that of the original application.

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Sec. 180. EFFECT OF FINDING THAT NO NECESSITY FOR ADMINISTRATION EXISTS. When application is filed for letters of administration and the court finds that there exists no necessity for administration of the estate, the court shall recite in its order refusing the application that no necessity for administration exists.

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Sec. 182. WHEN CLERK SHALL ISSUE LETTERS. Whenever an executor or administrator has been qualified in the manner required by law, the clerk of the court granting the letters testamentary or of administration shall forthwith issue and deliver the letters to such executor or administrator.

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Sec. 183. WHAT CONSTITUTES LETTERS. Letters testamentary or of administration shall be a certificate of the clerk of the court granting the same, attested by the seal of such court, and stating that the executor or administrator, as the case may be, has duly qualified as such as the law requires, the date of such qualification, and the name of the deceased.

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Sec. 186. LETTERS OR CERTIFICATE MADE EVIDENCE. Letters testamentary or of administration or a certificate of the clerk of the court which granted the same, under the seal of such court, that said letters have been issued, shall be sufficient evidence of the appointment and qualification of the personal representative of an estate and of the date of qualification.

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Sec. 187. ISSUANCE OF OTHER LETTERS. When letters have been destroyed or lost, the clerk shall issue other letters in their stead, which shall have the same force and effect as the original letters.

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Sec. 188. RIGHTS OF THIRD PERSONS DEALING WITH EXECUTORS OR ADMINISTRATORS. When an executor or administrator, legally qualified as such, has performed any acts as such executor or administrator in conformity with his authority and the law, such acts shall continue to be valid to all intents and purposes, so far as regards the rights of innocent purchasers of any of the property of the estate from such executor or administrator, for a valuable consideration, in good faith, and without notice of any illegality in the title to the same, notwithstanding such acts or the authority under which they were performed may afterward be set aside, annulled, and declared invalid.

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PART 2. OATHS AND BONDS OF PERSONAL REPRESENTATIVES

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Sec. 189. HOW EXECUTORS AND ADMINISTRATORS SHALL QUALIFY. A personal representative shall be deemed to have duly qualified when he shall have taken and filed his oath and made the required bond, had the same approved by the judge, and filed it with the clerk.

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Sec. 190. OATHS OF EXECUTORS AND ADMINISTRATORS. (a) Executor, or Administrator With Will Annexed.

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Sec. 192. TIME FOR TAKING OATH AND GIVING BOND. The oath of a personal representative may be taken and subscribed, or his bond may be given and approved, at any time before the expiration of twenty days after the date of the order granting letters testamentary or of administration, as the case may be, or before such letters shall have been revoked for a failure to qualify within the time allowed.

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Sec. 194. BONDS OF PERSONAL REPRESENTATIVES OF ESTATES. Except when bond is not required under the provisions of this Code, before the issuance of letters testamentary or of administration, the recipient of letters shall enter into bond conditioned as required by law, payable to the county judge or probate judge of the county in which the probate proceedings are pending and to his successors in office.

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Sec. 195. WHEN NO BOND REQUIRED. (a) By Will.

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Sec. 197. BONDS TO BE FILED. All bonds required by preceding provisions of this Code shall be subscribed by both principals and sureties, and, when approved by the court, be filed with the clerk.

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Sec. 198. BONDS OF JOINT REPRESENTATIVES. When two or more persons are appointed representatives of the same estate or person and are required by the provisions of this Code or by the court to give a bond, the court may require either a separate bond from each or one joint bond from all of them.

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Sec. 199. BONDS OF MARRIED PERSONS. When a married person is appointed personal representative, the person may, jointly with, or without, his or her spouse, execute such bond as the law requires; and such bond shall bind the person's separate estate, but shall bind his or her spouse only if signed by the spouse.

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Sec. 200. BOND OF MARRIED PERSON UNDER EIGHTEEN YEARS OF AGE. When a person under eighteen years of age who is or has been married shall accept and qualify as executor or administrator, any bond required to be executed by him shall be as valid and binding for all purposes as if he were of lawful age.

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Sec. 201. (A) AFFIDAVIT OF PERSONAL SURETY; (B) LIEN ON SPECIFIC PROPERTY, WHEN REQUIRED; (C) SUBORDINATION OF LIEN AUTHORIZED. (a) Affidavit of Personal Surety.

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Sec. 202. BOND AS LIEN ON REAL PROPERTY OF SURETY. When a personal surety has been required by the court to create a lien on specific real property as a condition of his acceptance as surety on a bond, a lien on the real property of the surety in this State which is described in the affidavit of the surety, and only upon such property, shall arise as security for the performance of the obligation of the bond.

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Sec. 204. DEMAND FOR NEW BOND BY INTERESTED PERSON. Any person interested in an estate may, upon application in writing filed with the county clerk of the county where the probate proceedings are pending, alleging that the bond of the personal representative is insufficient or defective, or has been, together with the record thereof, lost or destroyed, cause such representative to be cited to appear and show cause why he should not give a new bond.

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Sec. 206. ORDER REQUIRING NEW BOND. (a) The order entered under Section 205(1) of this code must state the reasons for requiring a new bond, the amount of the new bond, and the time within which the new bond must be given, which may not be earlier than the 10th day after the date of the order.

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Sec. 207. ORDER SUSPENDS POWERS OF PERSONAL REPRESENTATIVE. When a personal representative is required to give a new bond, the order requiring such bond shall have the effect to suspend his powers, and he shall not thereafter pay out any money of said estate or do any other official act, except to preserve the property of the estate, until such new bond has been given and approved.

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Sec. 208. DECREASE IN AMOUNT OF BOND. A personal representative required to give bond may at any time file with the clerk a written application to the court to have his bond reduced.

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Sec. 209. DISCHARGE OF SURETIES UPON EXECUTION OF NEW BOND. When a new bond has been given and approved, an order shall be entered discharging the sureties upon the former bond from all liability for the future acts of the principal.

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Sec. 210. RELEASE OF SURETIES BEFORE ESTATE FULLY ADMINISTERED. The sureties upon the bond of a personal representative, or any one of them, may at any time file with the clerk a petition to the court in which the proceedings are pending, praying that such representative be required to give a new bond and that petitioners be discharged from all liability for the future acts of such representative; whereupon, such representative shall be cited to appear and give a new bond.

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Sec. 211. RELEASE OF LIEN BEFORE ESTATE FULLY ADMINISTERED. If a personal surety who has given a lien on specific real property as security applies to the court to have the lien released, the court shall order the release requested, if the court is satisfied that the bond is sufficient without the lien on such property, or if sufficient other real or personal property of the surety is substituted on the same terms and conditions required for the lien which is to be released.

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Sec. 212. RELEASE OF RECORDED LIEN ON SURETY'S PROPERTY. A certified copy of the court's order describing the property, and releasing the lien, filed with the county clerk of the county where the property is located, and recorded in the deed records, shall have the effect of cancelling the lien on such property.

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Sec. 213. REVOCATION OF LETTERS FOR FAILURE TO GIVE BOND. If at any time a personal representative fails to give bond as required by the court, within the time fixed by this Code, another person may be appointed in his stead.

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Sec. 214. EXECUTOR WITHOUT BOND REQUIRED TO GIVE BOND. Where no bond is required of an executor appointed by will, any person having a debt, claim, or demand against the estate, to the justice of which oath has been made by himself, his agent, or attorney, or any other person interested in such estate, whether in person or as the representative of another, may file a complaint in writing in the court where such will is probated, and the court shall thereupon cite such executor to appear and show cause why he should not be required to give bond.

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Sec. 215. ORDER REQUIRING BOND. Upon hearing such complaint, if it appears to the court that such executor is wasting, mismanaging, or misapplying such estate, and that thereby a creditor may probably lose his debt, or that thereby some person's interest in the estate may be diminished or lost, the court shall enter an order requiring such executor to give bond within ten days from the date of such order.

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Sec. 216. BOND IN SUCH CASE. Such bond shall be for an amount sufficient to protect the estate and its creditors, to be approved by, and payable to, the judge, conditioned that said executor will well and truly administer such estate, and that he will not waste, mismanage, or misapply the same.

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Sec. 217. FAILURE TO GIVE BOND. Should the executor fail to give such bond within ten days after the order requiring him to do so, then if the judge does not extend the time, he shall, without citation, remove such executor and appoint some competent person in his stead who shall administer the estate according to the provisions of such will or the law, and who, before he enters upon the administration of said estate, shall take the oath required of an administrator with the will annexed, and shall give bond in the same manner and in the same amount provided in this Code for the issuance of original letters of administration.

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Sec. 218. BONDS NOT VOID UPON FIRST RECOVERY. The bonds of personal representative shall not become void upon the first recovery, but may be put in suit and prosecuted from time to time until the whole amount thereof shall have been recovered.

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PART 3. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL

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Sec. 220. APPOINTMENT OF SUCCESSOR REPRESENTATIVE. (a) Because of Death, Resignation or Removal.

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Sec. 221. RESIGNATION. (a) Application to Resign.

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Sec. 221A. CHANGE OF RESIDENT AGENT. (a) A personal representative may change its resident agent to accept service of process in a probate proceeding or other action relating to the estate by filing a statement of the change titled "Designation of Successor Resident Agent" with the court in which the probate proceeding is pending.

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Sec. 222. REMOVAL. (a) Without Notice.

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Sec. 222A. REINSTATEMENT AFTER REMOVAL. (a) Not later than the 10th day after the date the court signs the order of removal, a personal representative who is removed under Subsection (a)(1)(F) or (G), Section 222, of this code may file an application with the court for a hearing to determine whether the personal representative should be reinstated.

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PART 4. SUBSEQUENT PERSONAL REPRESENTATIVES

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Sec. 223. FURTHER ADMINISTRATION WITH OR WITHOUT WILL ANNEXED. Whenever any estate is unrepresented by reason of the death, removal, or resignation of the personal representative of such estate, the court shall grant further administration of the estate when necessary, and with the will annexed where there is a will, upon application therefor by a qualified person interested in the estate.

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Sec. 224. SUCCESSORS SUCCEED TO PRIOR RIGHTS, POWERS, AND DUTIES. When a representative of the estate not administered succeeds another, he shall be clothed with all rights, powers, and duties of his predecessor, except such rights and powers conferred on the predecessor by will which are different from those conferred by this Code on personal representatives generally.

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Sec. 225. ADDITIONAL POWERS OF SUCCESSOR APPOINTEE. In addition, such appointee may make himself, and may be made, a party to suits prosecuted by or against his predecessors.

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Sec. 226. SUBSEQUENT EXECUTORS ALSO SUCCEED TO PRIOR RIGHTS AND DUTIES. Whenever an executor shall accept and qualify after letters of administration shall have been granted upon the estate, such executor shall, in like manner, succeed to the previous administrator, and he shall administer the estate in like manner as if his administration were a continuation of the former one, subject, however, to any legal directions of the testator contained in the will in relation to the estate.

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Sec. 227. SUCCESSORS RETURN OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. An appointee who has been qualified to succeed to a prior personal representative shall make and return to the court an inventory, appraisement, and list of claims of the estate or, if the appointee is an independent executor, shall make and return to the court that document or file an affidavit in lieu of the inventory, appraisement, and list of claims, within ninety days after being qualified, in like manner as is provided for original appointees; and he shall also in like manner return additional inventories, appraisements, and lists of claims or file additional affidavits.

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PART 5. GENERAL POWERS OF PERSONAL REPRESENTATIVES

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Sec. 230. CARE OF PROPERTY OF ESTATES. The executor or administrator shall take care of the property of the estate of his testator or intestate as a prudent man would take of his own property, and if there be any buildings belonging to the estate, he shall keep the same in good repair, extraordinary casualties excepted, unless directed not to do so by an order of the court.

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Sec. 232. REPRESENTATIVE OF ESTATE SHALL TAKE POSSESSION OF PERSONAL PROPERTY AND RECORDS. The personal representative of an estate, immediately after receiving letters, shall collect and take into possession the personal property, record books, title papers, and other business papers of the estate, and all such in his possession shall be delivered to the person or persons legally entitled thereto when the administration has been closed or a successor has received letters.

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Sec. 233. COLLECTION OF CLAIMS AND RECOVERY OF PROPERTY. (a) Every personal representative of an estate shall use ordinary diligence to collect all claims and debts due the estate and to recover possession of all property of the estate to which its owners have claim or title, provided there is a reasonable prospect of collecting such claims or of recovering such property.

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Sec. 233A. SUITS BY EXECUTORS OR ADMINISTRATORS. Suits for the recovery of personal property, debts, or damages and suits for title or possession of lands or for any right attached to or growing out of the same or for injury or damage done thereto may be instituted by executors or administrators appointed in this state; and judgment in such cases shall be conclusive, but may be set aside by any person interested for fraud or collusion on the part of such executor or administrator.

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Sec. 234. EXERCISE OF POWERS WITH AND WITHOUT COURT ORDER. (a) Powers To Be Exercised Under Order of the Court.

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Sec. 235. POSSESSION OF PROPERTY HELD IN COMMON OWNERSHIP. If the estate holds or owns any property in common, or as part owner with another, the representative of the estate shall be entitled to possession thereof in common with the other part owner or owners in the same manner as other owners in common or joint owners would be entitled.

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Sec. 238. OPERATION OF FARM, RANCH, FACTORY, OR OTHER BUSINESS. (a) In this section, "business" includes a farm, ranch, or factory.

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Sec. 238A. ADMINISTRATION OF PARTNERSHIP INTEREST BY PERSONAL REPRESENTATIVE. If the decedent was a partner in a general partnership and the articles of partnership provide that, on the death of a partner, his or her executor or other personal representative shall be entitled to the place of the deceased partner in the firm, the executor or other personal representative so contracting to come into the partnership shall, to the extent allowed by law, be liable to third persons only to the extent of the deceased partner's capital in the partnership and the estate's assets held by the executor or other personal representative.

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Sec. 239. PAYMENT OR CREDIT OF INCOME. In all cases where the estate of a deceased person is being administered under the direction, control, and orders of a court in the exercise of its probate jurisdiction, upon the application of the executor or administrator of said estate, or of any interested party, after notice thereof has been given by posting, if it appears from evidence introduced at the hearing upon said application, and the court finds, that the reasonable market value of the assets of the estate then on hand, exclusive of the annual income therefrom, is at least twice the aggregate amount of all unpaid debts, administration expenses, and legacies, and that no creditor or legatee of the estate has then appeared and objected, the court may order and direct the executor or administrator to pay to, or credit to the account of, those persons who the court finds will own the assets of the estate when the administration thereon is completed, and in the same proportions, such part of the annual net income received by or accruing to said estate, as the court believes and finds can conveniently be paid to such owners without prejudice to the rights of creditors, legatees, or other interested parties.

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Sec. 240. JOINT EXECUTORS OR ADMINISTRATORS. Should there be more than one executor or administrator of the same estate at the same time, the acts of one of them as such executor or administrator shall be as valid as if all had acted jointly; and, in case of the death, resignation or removal of an executor or administrator, if there be a co-executor or co-administrator of such estate, he shall proceed with the administration as if no such death, resignation or removal had occurred.

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PART 6. COMPENSATION, EXPENSES, AND COURT COSTS

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Sec. 241. COMPENSATION OF PERSONAL REPRESENTATIVES. (a) Executors, administrators, and temporary administrators shall be entitled to receive a commission of five per cent (5%) on all sums they may actually receive in cash, and the same per cent on all sums they may actually pay out in cash, in the administration of the estate on a finding by the court that the executor or administrator has taken care of and managed the estate in compliance with the standards of this code; provided, no commission shall be allowed for receiving funds belonging to the testator or intestate which were on hand or were held for the testator or intestate at the time of his death in a financial institution or a brokerage firm, including cash or a cash equivalent held in a checking account, savings account, certificate of deposit, or money market account; nor for collecting the proceeds of any life insurance policy; nor for paying out cash to the heirs or legatees as such; provided, further, however, that in no event shall the executor or administrator be entitled in the aggregate to more than five per cent (5%) of the gross fair market value of the estate subject to administration.

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Sec. 242. EXPENSES ALLOWED. Personal representatives of estates shall also be entitled to all necessary and reasonable expenses incurred by them in the preservation, safekeeping, and management of the estate, and in collecting or attempting to collect claims or debts, and in recovering or attempting to recover property to which the estate has a title or claim, and all reasonable attorney's fees, necessarily incurred in connection with the proceedings and management of such estate, on satisfactory proof to the court.

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Sec. 243. ALLOWANCE FOR DEFENDING WILL. When any person designated as executor in a will or an alleged will, or as administrator with the will or alleged will annexed, defends it or prosecutes any proceeding in good faith, and with just cause, for the purpose of having the will or alleged will admitted to probate, whether successful or not, he shall be allowed out of the estate his necessary expenses and disbursements, including reasonable attorney's fees, in such proceedings.

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Sec. 244. EXPENSE ACCOUNTS. All expense charges shall be made in writing, showing specifically each item of expense and the date thereof, and shall be verified by affidavit of the representative, filed with the clerk and entered on the claim docket, and shall be acted on by the court in like manner as other claims against the estate.

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CHAPTER VIII. PROCEEDINGS DURING ADMINISTRATION

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PART 1. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS

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Sec. 248. APPOINTMENT OF APPRAISERS. At any time after the grant of letters testamentary or of administration, the court for good cause on its own motion or on the motion of an interested party shall appoint not less than one nor more than three disinterested persons, citizens of the county in which letters were granted, to appraise the property of the estate.

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Sec. 248. APPOINTMENT OF APPRAISERS. At any time after the grant of letters testamentary or of administration and on its own motion or on the motion of an interested person, the court for good cause shown shall appoint not less than one nor more than three disinterested persons, citizens of the county in which letters were granted, to appraise the property of the estate.

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Sec. 249. FAILURE OF APPRAISERS TO SERVE. If any appraiser so appointed shall fail or refuse to act, the court shall by a like order or orders remove such appraiser and appoint another appraiser or appraisers, as the case shall require.

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Sec. 252. AFFIDAVIT TO BE ATTACHED. The representative of the estate shall also attach to such inventory and list of claims his affidavit subscribed and sworn to before an officer in the county authorized by law to administer oaths, that the said inventory and list of claims are a true and complete statement of the property and claims of the estate that have come to his knowledge.

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Sec. 253. FEES OF APPRAISERS. Each appraiser appointed by the court, as herein authorized, shall be entitled to receive a minimum compensation of Five Dollars ($5) per day, payable out of the estate, for each day that he actually serves in performance of his duties as such.

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Sec. 256. DISCOVERY OF ADDITIONAL PROPERTY. (a) If, after the filing of the inventory and appraisement, property or claims not included in the inventory shall come to the possession or knowledge of the representative, the representative shall forthwith file with the clerk of court a verified, full, and detailed supplemental inventory and appraisement.

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Sec. 257. ADDITIONAL INVENTORY OR LIST OF CLAIMS REQUIRED BY COURT. Any representative of an estate, on the written complaint of any interested person that property or claims of the estate have not been included in the inventory and list of claims filed, shall be cited to appear before the court in which the cause is pending and show cause why he should not be required to make and return an additional inventory or list of claims, or both.

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Sec. 258. CORRECTION REQUIRED WHEN INVENTORY, APPRAISEMENT, OR LIST OF CLAIMS ERRONEOUS OR UNJUST. Any person interested in an estate who deems an inventory, appraisement, or list of claims returned therein erroneous or unjust in any particular may file a complaint in writing setting forth and pointing out the alleged erroneous or unjust items, and cause the representative to be cited to appear before the court and show cause why such errors should not be corrected.

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Sec. 259. EFFECT OF REAPPRAISEMENT. When any reappraisement is made, returned, and approved by the court, it shall stand in place of the original appraisement.

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Sec. 260. FAILURE OF JOINT PERSONAL REPRESENTATIVES TO RETURN AN INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS OR AFFIDAVIT IN LIEU OF INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS. If there be more than one representative qualified as such, any one or more of them, on the neglect of the others, may make and return an inventory and appraisement and list of claims or file an affidavit in lieu of an inventory, appraisement, and list of claims; and the representative so neglecting shall not thereafter interfere with the estate or have any power over same; but the representative so returning the inventory, appraisement, and list of claims or filing the affidavit in lieu of an inventory, appraisement, and list of claims shall have the whole administration, unless, within sixty days after the return or the filing, the delinquent or delinquents shall assign to the court in writing and under oath a reasonable excuse which the court may deem satisfactory; and if no excuse is filed or if the excuse filed is not deemed sufficient, the court shall enter an order removing any and all such delinquents and revoking their letters.

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Sec. 261. USE OF INVENTORIES, APPRAISEMENTS, AND LISTS OF CLAIMS AS EVIDENCE. All inventories, appraisements, and lists of claims which have been taken, returned, and approved in accordance with law, or the record thereof, or copies of either the originals or the record thereof, duly certified under the seal of the county court affixed by the clerk, may be given in evidence in any of the courts of this State in any suit by or against the representative of the estate, but shall not be conclusive for or against him, if it be shown that any property or claims of the estate are not shown therein, or that the value of the property or claims of the estate actually was in excess of that shown in the appraisement and list of claims.

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PART 2. WITHDRAWING ESTATES OF DECEASED PERSONS FROM ADMINISTRATION

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Sec. 262. EXECUTOR OR ADMINISTRATOR REQUIRED TO REPORT ON CONDITION OF ESTATE. At any time after the return of inventory, appraisement, and list of claims of a deceased person, any one entitled to a portion of the estate may, by a written complaint filed in the court in which such case is pending, cause the executor or administrator of the estate to be cited to appear and render under oath an exhibit of the condition of the estate.

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Sec. 263. BOND REQUIRED TO WITHDRAW ESTATE FROM ADMINISTRATION. When the executor or administrator has rendered the required exhibit, the persons entitled to such estate, or any of them, or any persons for them, may execute and deliver to the court a bond payable to the judge, and his successors in office, to be approved by the court, for an amount equal to at least double the gross appraised value of the estate as shown by the appraisement and list of claims returned, conditioned that the persons who execute such bond shall pay all the debts against the estate not paid that have been or shall be allowed by the executor or administrator and approved by the court, or that have been or shall be established by suit against said estate, and will pay to the executor or administrator any balance that shall be found to be due him by the judgment of the court on his exhibit.

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Sec. 264. COURT'S ORDER. When such bond has been given and approved, the court shall thereupon enter an order directing and requiring the executor or administrator to deliver forthwith to all persons entitled to any portion of the estate the portion or portions of such estate to which they are entitled.

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Sec. 265. ORDER OF DISCHARGE. When an estate has been so withdrawn from further administration, an order shall be entered discharging the executor or administrator and declaring the administration closed.

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Sec. 266. LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM ADMINISTRATION. A lien shall exist on all of the estate withdrawn from administration in the hands of the distributees, and those claiming under them with notice of such lien, to secure the ultimate payment of the aforesaid bond and of the debts and claims secured thereby.

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Sec. 267. PARTITION OF ESTATE WITHDRAWN FROM ADMINISTRATION. Any person entitled to any portion of the estate withdrawn from further administration may, on written application to the court, cause a partition and distribution to be made among the persons entitled thereto, in accordance with the provisions of this Code pertaining to the partition and distribution of estates.

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Sec. 268. CREDITORS MAY SUE ON BOND. Any creditor of an estate withdrawn from administration whose debt or claim is unpaid and is not barred by limitation shall have the right to sue on the bond in his own name, and shall be entitled to judgment thereon for such debt or claim as he shall establish against the estate.

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Sec. 269. CREDITORS MAY SUE DISTRIBUTEES. Any creditor of an estate withdrawn from administration whose debt or claim is unpaid and is not barred by limitation may sue any distributee who has received any of the estate, or he may sue all the distributees together, but no one of such distributees shall be liable beyond his just proportion according to the amount of the estate he shall have received in the distribution.

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PART 3. SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY, AND FIXING THE FAMILY ALLOWANCE

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Sec. 272. TO WHOM DELIVERED. The exempt property set apart to the surviving spouse and children shall be delivered by the executor or administrator without delay as follows: (a) If there be a surviving spouse and no children, or if the children, including any adult incapacitated children, be the children of the surviving spouse, the whole of such property shall be delivered to the surviving spouse.

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Sec. 273. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. In case there should not be among the effects of the deceased all or any of the specific articles exempted from execution or forced sale by the Constitution and laws of this state, the court shall make a reasonable allowance in lieu thereof, to be paid to such surviving spouse and children, or such of them as there are, as hereinafter provided.

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Sec. 274. HOW ALLOWANCE PAID. The allowance made in lieu of any of the exempted property shall be paid either in money out of the funds of the estate that come to the hands of the executor or administrator, or in any property of the deceased that such surviving spouse, children who are of lawful age, guardian of children who are minors, or guardian of each adult incapacitated child or other appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian, shall choose to take at the appraisement, or a part thereof, or both, as they shall select; provided, however, that property specifically bequeathed or devised to another may be so taken, or may be sold to raise funds for the allowance as hereinafter provided, only if the other available property shall be insufficient to provide the allowance.

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Sec. 275. TO WHOM ALLOWANCE PAID. The allowance in lieu of exempt property shall be paid by the executor or administrator, as follows: (a) If there be a surviving spouse and no children, or if all the children, including any adult incapacitated children, be the children of the surviving spouse, the whole shall be paid to such surviving spouse.

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Sec. 276. SALE TO RAISE ALLOWANCE. If there be no property of the deceased that such surviving spouse or children are willing to take for such allowance, or not a sufficiency, and there be no funds, or not sufficient funds, of the estate in the hands of such executor or administrator to pay such allowance, or any part thereof, the court, on the application in writing of such surviving spouse and children, or of a person authorized to represent any of those children, shall order a sale of so much of the estate for cash as will be sufficient to raise the amount of such allowance, or a part thereof, as the case requires.

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Sec. 277. PREFERENCE OF LIENS. If property upon which there is a valid subsisting lien or encumbrance shall be set apart to the surviving spouse or children as exempt property, or appropriated to make up allowances made in lieu of exempt property or for the support of the surviving spouse or children, the debts secured by such lien shall, if necessity requires, be either paid or continued as against such property.

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Sec. 278. WHEN ESTATE IS SOLVENT. If, upon a final settlement of the estate, it shall appear that the same is solvent, the exempted property, except the homestead or any allowance in lieu thereof, shall be subject to partition and distribution among the heirs and distributees of such estate in like manner as the other property of the estate.

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Sec. 279. WHEN ESTATE IS INSOLVENT. Should the estate, upon final settlement, prove to be insolvent, the title of the surviving spouse and children to all the property and allowances set apart or paid to them under the provisions of this Code shall be absolute, and shall not be taken for any of the debts of the estate except as hereinafter provided.

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Sec. 280. EXEMPT PROPERTY NOT CONSIDERED IN DETERMINING SOLVENCY. In ascertaining whether an estate is solvent or insolvent, the exempt property set apart to the surviving spouse or children, or the allowance in lieu thereof, and the family allowance hereinafter provided for, shall not be estimated or considered as assets of the estate.

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Sec. 281. EXEMPT PROPERTY LIABLE FOR CERTAIN DEBTS. The exempt property, other than the homestead or any allowance made in lieu thereof, shall be liable for the payment of Class 1 claims, but such property shall not be liable for any other debts of the estate.

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Sec. 282. NATURE OF HOMESTEAD PROPERTY IMMATERIAL. The homestead rights of the surviving spouse and children of the deceased are the same whether the homestead be the separate property of the deceased or community property between the surviving spouse and the deceased, and the respective interests of such surviving spouse and children shall be the same in one case as in the other.

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Sec. 283. HOMESTEAD RIGHTS OF SURVIVING SPOUSE. On the death of the husband or wife, leaving a spouse surviving, the homestead shall descend and vest in like manner as other real property of the deceased and shall be governed by the same laws of descent and distribution.

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Sec. 284. WHEN HOMESTEAD NOT PARTITIONED. The homestead shall not be partitioned among the heirs of the deceased during the lifetime of the surviving spouse, or so long as the survivor elects to use or occupy the same as a homestead, or so long as the guardian of the minor children of the deceased is permitted, under the order of the proper court having jurisdiction, to use and occupy the same.

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Sec. 285. WHEN HOMESTEAD CAN BE PARTITIONED. When the surviving spouse dies or sells his or her interest in the homestead, or elects no longer to use or occupy the same as a homestead, or when the proper court no longer permits the guardian of the minor children to use and occupy the same as a homestead, it may be partitioned among the respective owners thereof in like manner as other property held in common.

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Sec. 286. FAMILY ALLOWANCE TO SURVIVING SPOUSES, MINORS, AND ADULT INCAPACITATED CHILDREN. (a) Unless an affidavit is filed under Subsection (b) of this section, immediately after the inventory, appraisement, and list of claims have been approved or the affidavit in lieu of the inventory, appraisement, and list of claims has been filed, the court shall fix a family allowance for the support of the surviving spouse, minor children, and adult incapacitated children of the deceased.

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Sec. 287. AMOUNT OF FAMILY ALLOWANCE. Such allowance shall be of an amount sufficient for the maintenance of such surviving spouse, minor children, and adult incapacitated children for one year from the time of the death of the testator or intestate.

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Sec. 288. WHEN FAMILY ALLOWANCE NOT MADE. No such allowance shall be made for the surviving spouse when the survivor has separate property adequate to the survivor's maintenance; nor shall such allowance be made for the minor children or adult incapacitated children when they have property in their own right adequate to their maintenance.

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Sec. 289. ORDER FIXING FAMILY ALLOWANCE. When an allowance has been fixed, an order shall be entered stating the amount thereof, providing how the same shall be payable, and directing the executor or administrator to pay the same in accordance with law.

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Sec. 290. FAMILY ALLOWANCE PREFERRED. The family allowance made for the support of the surviving spouse, minor children, and adult incapacitated children of the deceased shall be paid in preference to all other debts or charges against the estate, except Class 1 claims.

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Sec. 292. MAY TAKE PROPERTY FOR FAMILY ALLOWANCE. The surviving spouse, the guardian of the minor children, or the guardian of an adult incapacitated child or another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian, as the case may be, shall have the right to take in payment of such allowance, or any part thereof, any of the personal property of the estate at its appraised value as shown by the appraisement; provided, however, that property specifically devised or bequeathed to another may be so taken, or may be sold to raise funds for the allowance as hereinafter provided, only if the other available property shall be insufficient to provide the allowance.

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Sec. 293. SALE TO RAISE FUNDS FOR FAMILY ALLOWANCE. If there be no personal property of the deceased that the surviving spouse or guardian is willing to take for such allowance, or not a sufficiency of them, and if there be no funds or not sufficient funds in the hands of such executor or administrator to pay such allowance, or any part thereof, then the court, as soon as the inventory, appraisement, and list of claims are returned and approved or, if applicable, the affidavit in lieu of the inventory, appraisement, and list of claims is filed, shall order a sale of so much of the estate for cash as will be sufficient to raise the amount of such allowance, or a part thereof, as the case requires.

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PART 4. PRESENTMENT AND PAYMENT OF CLAIMS

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Sec. 294. NOTICE BY REPRESENTATIVE OF APPOINTMENT. (a) Giving of Notice Required.

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Sec. 295. NOTICE TO HOLDERS OF SECURED CLAIMS. (a) When notice required for secured claimants.

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Sec. 296. ONE NOTICE SUFFICIENT. If the notices required by the two preceding Sections have been given by a former representative, or by one where several are acting, that shall be sufficient, and need not be repeated by any successor or co-representative.

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Sec. 297. PENALTY FOR FAILURE TO GIVE NOTICE. If the representative fails to give the notices required in preceding Sections, or to cause such notices to be given, the representative and the sureties on the representative's bond shall be liable for any damage which any person suffers by reason of such neglect, unless it appears that such person had notice otherwise.

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Sec. 298. CLAIMS AGAINST ESTATES OF DECEDENTS. (a) Time for Presentation of Claims.

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Sec. 301. CLAIMS FOR MONEY MUST BE AUTHENTICATED. No personal representative of a decedent's estate shall allow, and the court shall not approve, a claim for money against such estate, unless such claim be supported by an affidavit that the claim is just and that all legal offsets, payments, and credits known to the affiant have been allowed.

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Sec. 302. WHEN DEFECTS OF FORM ARE WAIVED. Any defect of form, or claim of insufficiency of exhibits or vouchers presented, shall be deemed waived by the personal representative unless written objection thereto has been made within thirty days after presentment of the claim, and filed with the county clerk.

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Sec. 303. EVIDENCE CONCERNING LOST OR DESTROYED CLAIMS. If evidence of a claim is lost or destroyed, the claimant or an authorized representative or agent of the claimant, may make affidavit to the fact of such loss or destruction, stating the amount, date, and nature of the claim and when due, and that the same is just, and that all legal offsets, payments and credits known to the affiant have been allowed, and that the claimant is still the owner of the claim; and the claim must be proved by disinterested testimony taken in open court, or by oral or written deposition, before the claim is approved.

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Sec. 304. AUTHENTICATION OF CLAIM BY OTHERS THAN INDIVIDUAL OWNERS. An authorized officer or representative of a corporation or other entity shall make the affidavit required to authenticate a claim of such corporation or entity.

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Sec. 306. METHOD OF HANDLING SECURED CLAIMS FOR MONEY. (a) Specifications of Claim.

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Sec. 307. CLAIMS PROVIDING FOR ATTORNEY'S FEES. If the instrument evidencing or supporting a claim provides for attorney's fees, then the claimant may include as a part of the claim the portion of such fee that he has paid or contracted to pay to an attorney to prepare, present, and collect such claim.

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Sec. 308. DEPOSITING CLAIMS WITH CLERK. Claims may also be presented by depositing same, with vouchers and necessary exhibits and affidavit attached, with the clerk, who, upon receiving same, shall advise the representative of the estate, or the representative's attorney, by letter mailed to the representative's last known address, of the deposit of same.

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Sec. 309. MEMORANDUM OF ALLOWANCE OR REJECTION OF CLAIM. When a duly authenticated claim against an estate is presented to the representative, or deposited with the clerk as heretofore provided, the representative shall, within thirty days after the claim is presented or deposited, endorse thereon, annex thereto, or file with the clerk a memorandum signed by the representative, stating the date of presentation or depositing of the claim, and that the representative allows or rejects it, or what portion thereof the representative allows or rejects.

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Sec. 310. FAILURE TO ENDORSE OR ANNEX MEMORANDUM. The failure of a representative of an estate to timely allow or reject a claim under Section 309 of this code shall constitute a rejection of the claim.

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Sec. 311. WHEN CLAIMS ENTERED IN DOCKET. After a claim against an estate has been presented to and allowed or rejected by the personal representative, in whole or in part, the claim must be filed with the county clerk of the proper county.

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Sec. 312. CONTEST OF CLAIMS, ACTION BY COURT, AND APPEALS. (a) Contest of Claims.

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Sec. 313. SUIT ON REJECTED CLAIM. When a claim or a part thereof has been rejected by the representative, the claimant shall institute suit thereon in the court of original probate jurisdiction in which the estate is pending within ninety days after such rejection, or the claim shall be barred.

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Sec. 314. PRESENTMENT OF CLAIMS A PREREQUISITE FOR JUDGMENT. No judgment shall be rendered in favor of a claimant upon any claim for money which has not been legally presented to the representative of an estate, and rejected by the representative or by the court, in whole or in part.

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Sec. 316. CLAIMS AGAINST PERSONAL REPRESENTATIVES. The naming of an executor in a will shall not operate to extinguish any just claim which the deceased had against the person named as executor; and, in all cases where a personal representative is indebted to the testator or intestate, the representative shall account for the debt in the same manner as if it were cash in the representative's hands; provided, however, that if said debt was not due at the time of receiving letters, the representative shall be required to account for it only from the date when it becomes due.

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Sec. 317. CLAIMS BY PERSONAL REPRESENTATIVES. (a) By Executors or Administrators.

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Sec. 318. CLAIMS NOT ALLOWED AFTER ORDER FOR PARTITION AND DISTRIBUTION. No claim for money against the estate of a decedent shall be allowed by a personal representative and no suit shall be instituted against the representative on any such claim, after an order for final partition and distribution has been made; but, after such an order has been made, the owner of any claim not barred by the laws of limitation shall have an action thereon against the heirs, devisees, legatees, or creditors of the estate, limited to the value of the property received by them in distributions from the estate.

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Sec. 319. CLAIMS NOT TO BE PAID UNLESS APPROVED. No claim for money against the estate of a decedent, or any part thereof, shall be paid until it has been approved by the court or established by the judgment of a court of competent jurisdiction.

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Sec. 320. ORDER OF PAYMENT OF CLAIMS AND ALLOWANCES. (a) Priority of Payments.

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Sec. 320A. FUNERAL EXPENSES. When personal representatives pay claims for funeral expenses and for items incident thereto, such as tombstones, grave markers, crypts or burial plots, they shall charge the whole of such claims to the decedent's estate and shall charge no part thereof to the community share of a surviving spouse.

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Sec. 321. DEFICIENCY OF ASSETS. When there is a deficiency of assets to pay all claims of the same class, other than secured claims for money, the claims in such class shall be paid pro rata, as directed by the court, and in the order directed.

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Sec. 323. JOINT OBLIGATION. When two or more persons are jointly bound for the payment of a debt, or for any other purpose, upon the death of any of the persons so bound, the decedent's estate shall be charged by virtue of such obligation in the same manner as if the obligors had been bound severally as well as jointly.

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Sec. 324. REPRESENTATIVES NOT TO PURCHASE CLAIMS. It shall be unlawful, and cause for removal, for a personal representative whether acting under appointment by will or under orders of the court, to purchase for the personal representative's own use or for any purposes whatsoever, any claim against the estate the personal representative represents.

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Sec. 326. OWNER MAY OBTAIN ORDER FOR PAYMENT. Any creditor of an estate of a decedent whose claim, or part thereof, has been approved by the court or established by suit, may, at any time after twelve months from the granting of letters testamentary, upon written application and proof showing that the estate has on hand sufficient available funds, obtain an order directing that payment be made; or, if there are no available funds, and if to await the receipt of funds from other sources would unreasonably delay payment, the court shall then order sale of property of the estate sufficient to pay the claim; provided, the representative of the estate shall have first been cited on such written complaint to appear and show cause why such order should not be made.

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Sec. 328. LIABILITY FOR NONPAYMENT OF CLAIMS. (a) Procedure to Force Payment.

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Sec. 329. BORROWING MONEY. (a) Circumstances Under Which Money May Be Borrowed.

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PART 5. SALES

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Sec. 331. COURT MUST ORDER SALES. Except as hereinafter provided, no sale of any property of an estate shall be made without an order of court authorizing the same.

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Sec. 332. SALES AUTHORIZED BY WILL. Whenever by the terms of a will an executor is authorized to sell any property of the testator, no order of court shall be necessary to authorize the executor to make such sale, and the sale may be made at public auction or privately as the executor deems to be in the best interest of the estate and may be made for cash or upon such credit terms as the executor shall determine; provided, that when particular directions are given by a testator in his will respecting the sale of any property belonging to his estate, the same shall be followed, unless such directions have been annulled or suspended by order of the court.

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Sec. 333. CERTAIN PERSONAL PROPERTY TO BE SOLD. (a) The representative of an estate, after approval of inventory and appraisement, shall promptly apply for an order of the court to sell at public auction or privately, for cash or on credit not exceeding six months, all of the estate that is liable to perish, waste, or deteriorate in value, or that will be an expense or disadvantage to the estate if kept.

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Sec. 334. SALES OF OTHER PERSONAL PROPERTY. Upon application by the personal representative of the estate or by any interested person, the court may order the sale of any personal property of the estate not required to be sold by the preceding Section, including growing or harvested crops or livestock, but not including exempt property or specific legacies, if the court finds that so to do would be in the best interest of the estate in order to pay expenses of administration, funeral expenses, expenses of last illness, allowances, or claims against the estate, from the proceeds of the sale of such property.

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Sec. 335. SPECIAL PROVISIONS PERTAINING TO LIVESTOCK. When the personal representative of an estate has in his possession any livestock which he deems necessary or to the advantage of the estate to sell, he may, in addition to any other method provided by law for the sale of personal property, obtain authority from the court in which the estate is pending to sell such livestock through a bonded livestock commission merchant, or a bonded livestock auction commission merchant.

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Sec. 336. SALES OF PERSONAL PROPERTY AT PUBLIC AUCTION. All sales of personal property at public auction shall be made after notice has been issued by the representative of the estate and posted as in case of posting for original proceedings in probate, unless the court shall otherwise direct.

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Sec. 337. SALES OF PERSONAL PROPERTY ON CREDIT. No more than six months credit may be allowed when personal property is sold at public auction, based upon the date of such sale.

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Sec. 338. SALE OF MORTGAGED PROPERTY. Any creditor holding a claim secured by a valid mortgage or other lien, which has been allowed and approved or established by suit, may obtain from the court in which the estate is pending an order that said property, or so much thereof as necessary to satisfy his claim, shall be sold, by filing his written application therefor.

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Sec. 339. SALES OF PERSONAL PROPERTY TO BE REPORTED; DECREE VESTS TITLE. All sales of personal property shall be reported to the court, and the laws regulating sales of real estate as to confirmation or disapproval of sales shall apply, but no conveyance shall be necessary.

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Sec. 340. SELECTION OF REAL PROPERTY TO BE SOLD FOR PAYMENT OF DEBTS. Real property of the estate which is selected to be sold for the payment of expenses or claims shall be that which the court deems most advantageous to the estate to be sold.

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Sec. 342. CONTENTS OF APPLICATION FOR SALE OF REAL ESTATE. An application for the sale of real estate shall be in writing, shall describe the real estate or interest in or part thereof sought to be sold, and shall be accompanied by an exhibit, verified by affidavit, showing fully and in detail the condition of the estate, the charges and claims that have been approved or established by suit, or that have been rejected and may yet be established, the amount of each such claim, the property of the estate remaining on hand liable for the payment of such claims, and any other facts tending to show the necessity or advisability of such sale.

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Sec. 344. CITATION ON APPLICATION. Upon the filing of such application and exhibit, the clerk shall issue a citation to all persons interested in the estate, describing the land or interest or part thereof sought to be sold, and informing them of the right under Section 345 of this code to file an opposition to the sale during the period prescribed by the court as shown in the citation, if they so elect.

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Sec. 345. OPPOSITION TO APPLICATION. When an application for an order of sale is made, any person interested in the estate may, during the period provided in the citation issued under Section 344 of this code, file his opposition to the sale, in writing, or may make application for the sale of other property of the estate.

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Sec. 345A. HEARING ON APPLICATION AND ANY OPPOSITION. (a) The clerk of a court in which an application for an order of sale is filed shall immediately call to the attention of the judge any opposition to the sale that is filed during the period provided in the citation issued under Section 344 of this code.

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Sec. 346. ORDER OF SALE. If satisfied that the sale of the property of the estate described in the application is necessary or advisable, the court shall order the sale to be made; otherwise, the court may deny the application and may, if it deems best, order the sale of other property the sale of which would be more advantageous to the estate.

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Sec. 347. PROCEDURE WHEN REPRESENTATIVE NEGLECTS TO APPLY FOR SALE. When the representative of an estate neglects to apply for an order to sell sufficient property to pay the charges and claims against the estate that have been allowed and approved, or established by suit, any interested person may, upon written application, cause such representative to be cited to appear and make a full exhibit of the condition of such estate, and show cause why a sale of the property should not be ordered.

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Sec. 348. PERMISSIBLE TERMS OF SALE OF REAL ESTATE. (a) For Cash or Credit.

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Sec. 349. PUBLIC SALES OF REAL ESTATE. (a) Notice of Sale.

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Sec. 350. PRIVATE SALES OF REAL ESTATE. All private sales of real estate shall be made in such manner as the court directs in its order of sale, and no further advertising, notice, or citation concerning such sale shall be required, unless the court shall direct otherwise.

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Sec. 351. SALES OF EASEMENTS AND RIGHT OF WAYS. It shall be lawful to sell and convey easements and rights of ways on, under, and over the lands of an estate being administered under orders of a court, regardless of whether the proceeds of such a sale are required for payment of charges or claims against the estate, or for other lawful purposes.

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Sec. 352. REPRESENTATIVE PURCHASING PROPERTY OF THE ESTATE. (a) Except as provided by Subsection (b), (c), or (d) of this section, the personal representative of an estate shall not become the purchaser, directly or indirectly, of any property of the estate sold by him, or by any co-representative if one be acting.

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Sec. 353. REPORTS OF SALE. All sales of real property of an estate shall be reported to the court ordering the same within thirty days after the sales are made.

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Sec. 354. BOND ON SALE OF REAL ESTATE. If the personal representative of the estate is not required by this Code to furnish a general bond, the sale may be confirmed by the court if found to be satisfactory and in accordance with law.

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Sec. 355. ACTION OF COURT ON REPORT OF SALE. After the expiration of five days from the filing of a report of sale, the court shall inquire into the manner in which the sale was made, hear evidence in support of or against such report, and determine the sufficiency or insufficiency of the representative's general bond, if any has been required and given; and, if he is satisfied that the sale was for a fair price, was properly made and in conformity with law, and has approved any increased or additional bond which may have been found necessary to protect the estate, the court shall enter a decree confirming such sale, showing conformity with the foregoing provisions of the Code, and authorizing the conveyance of the property to be made by the representative of the estate upon compliance by the purchaser with the terms of the sale, detailing such terms.

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Sec. 356. DEED CONVEYS TITLE TO REAL ESTATE. When real estate is sold, the conveyance shall be by proper deed which shall refer to and identify the decree of the court confirming the sale.

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Sec. 357. DELIVERY OF DEED, VENDOR'S AND DEED OF TRUST LIEN. After a sale is confirmed by the court and the terms of sale have been complied with by the purchaser, the representative of the estate shall forthwith execute and deliver to the purchaser a proper deed conveying the property.

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Sec. 358. PENALTY FOR NEGLECT. Should the representative of an estate neglect to comply with the preceding Section, or to file the deed of trust securing such lien in the proper county, he and the sureties on his bond shall, after complaint and citation, be held liable for the use of the estate, for all damages resulting from such neglect, which damages may be recovered in any court of competent jurisdiction, and he may be removed by the court.

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PART 6. HIRING AND RENTING

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Sec. 359. HIRING OR RENTING WITHOUT ORDER OF COURT. The personal representative of an estate may, without order of court, rent any of its real property or hire out any of its personal property, either at public auction or privately, as may be deemed in the best interest of the estate, for a period not to exceed one year.

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Sec. 360. LIABILITY OF PERSONAL REPRESENTATIVE. If property of the estate is hired or rented without an order of court, the personal representative shall be required to account to the estate for the reasonable value of the hire or rent of such property, to be ascertained by the court upon satisfactory evidence, upon sworn complaint of any person interested in the estate.

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Sec. 361. ORDER TO HIRE OR RENT. Representatives of estates, if they prefer, may, and, if the proposed rental period exceeds one year, shall, file a written application with the court setting forth the property sought to be hired or rented.

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Sec. 362. PROCEDURE IN CASE OF NEGLECT TO RENT PROPERTY. Any person interested in an estate may file his written and sworn complaint in a court where such estate is pending, and cause the personal representative of such estate to be cited to appear and show cause why he did not hire or rent any property of the estate, and the court, upon hearing such complaint, shall make such order as seems for the best interest of the estate.

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Sec. 363. WHEN PROPERTY IS HIRED OR RENTED ON CREDIT. When property is hired or rented on credit, possession thereof shall not be delivered until the hirer or renter has executed and delivered to the representative of the estate a note with good personal security for the amount of such hire or rent; and, if any such property so hired or rented is delivered without receiving such security, the representative and the sureties on his bond shall be liable for the full amount of such hire or rent; provided, that when the hire or rental is payable in installments, in advance of the period of time to which they relate, this Section shall not apply.

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Sec. 364. PROPERTY HIRED OR RENTED TO BE RETURNED IN GOOD CONDITION. All property hired or rented, with or without an order of court, shall be returned to the possession of the estate in as good condition, reasonable wear and tear excepted, as when hired or rented, and it shall be the duty and responsibility of the representative of the estate to see that this is done, to report to the court any loss, damage or destruction of property hired or rented, and to ask for authority to take such action as is necessary; failing so to do, he and the sureties on his bond shall be liable to the estate for any loss or damage suffered through such fault.

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Sec. 366. ACTION OF COURT ON REPORT. At any time after five days from the time such report of hiring or renting is filed, it shall be examined by the court and approved and confirmed by order of the court if found just and reasonable; but, if disapproved, the estate shall not be bound and the court may order another offering of the property for hire or rent, in the same manner and subject to the same rules heretofore provided.

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PART 7. MINERAL LEASES, POOLING OR UNITIZATION AGREEMENTS, AND OTHER MATTERS RELATING TO MINERAL PROPERTIES

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Sec. 367. MINERAL LEASES AFTER PUBLIC NOTICE. (a) Certain Words and Terms Defined.

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Sec. 368. MINERAL LEASES AT PRIVATE SALE. (a) Authorization Allowed.

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Sec. 369. POOLING OR UNITIZATION OF ROYALTY OR MINERALS. (a) Authorization for Pooling or Unitization.

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Sec. 370. SPECIAL ANCILLARY INSTRUMENTS WHICH MAY BE EXECUTED WITHOUT COURT ORDER. As to any valid mineral lease or pooling or unitization agreement, executed on behalf of the estate prior to the effective date of this Code, or pursuant to its provisions, or by a former owner of land, minerals, or royalty affected thereby, the personal representative of the estate which is being administered may, without further order of the court, and without consideration, execute division orders, transfer orders, instruments of correction, instruments designating depository banks for the reception of delay rentals or shut-in gas well royalty to accrue or become payable under the terms of any such lease or leases, and similar instruments pertaining to any such lease or agreement and the property covered thereby.

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Sec. 371. PROCEDURE WHEN REPRESENTATIVE OF ESTATE NEGLECTS TO APPLY FOR AUTHORITY. When the personal representative of an estate shall neglect to apply for authority to subject property of the estate to a lease for mineral development, pooling or unitization, or to commit royalty or other interest in minerals to pooling or unitization, any person interested in the estate may, upon written application filed with the county clerk, cause such representative to be cited to show cause why it is not for the best interest of the estate for such a lease to be made, or such an agreement entered into.

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Sec. 372. VALIDATION OF CERTAIN LEASES AND POOLING OR UNITIZATION AGREEMENTS BASED ON PREVIOUS STATUTES. All presently existing leases on the oil, gas, or other minerals, or one or more of them, belonging to the estates of decedents, and all agreements with respect to pooling, or unitization thereof, or one or more of them, or any interest therein, with like properties of others having been authorized by the court having venue, and executed and delivered by the executors, administrators, or other fiduciaries of their estates in substantial conformity to the rules set forth in statutes heretofore existing, providing for only seven days notice in some instances, and also for a brief order designating a time and place for hearing, are hereby validated in so far as said period of notice is concerned, and in so far as the absence of any order setting a time and place for hearing is concerned; provided, this shall not apply to any lease or pooling or unitization agreement involved in any suit pending on the effective date of this Code wherein either the length of time of said notice or the absence of such order is in issue.

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PART 8. PARTITION AND DISTRIBUTION OF ESTATES OF DECEDENTS

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Sec. 373. APPLICATION FOR PARTITION AND DISTRIBUTION OF ESTATES OF DECEDENTS. (a) Who May Apply.

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Sec. 374. CITATION OF INTERESTED PERSONS. Upon the filing of such application, the clerk shall issue a citation which shall state the name of the person whose estate is sought to be partitioned and distributed, and the date upon which the court will hear the application, and the citation shall require all persons interested in the estate to appear and show cause why such partition and distribution should not be made.

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Sec. 375. CITATION OF EXECUTOR OR ADMINISTRATOR. When application for partition and distribution is made by any person other than the executor or administrator, such representative shall also be cited to appear and answer the application and to file in court a verified exhibit and account of the condition of the estate, as in the case of final settlements.

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Sec. 378A. SATISFACTION OF PECUNIARY BEQUESTS. (a) Unless the governing instrument provides otherwise, if an executor, administrator, or trustee is authorized under the will or trust of a decedent to satisfy a pecuniary bequest, devise, or transfer in trust in kind with assets at their value for federal estate tax purposes, in satisfaction of a gift intended to qualify, or that otherwise would qualify, for a United States estate tax marital deduction, the executor, administrator, or trustee, in order to implement the bequest, devise, or transfer, shall distribute assets, including cash, fairly representative of appreciation or depreciation in the value of all property available for distribution in satisfaction of the pecuniary bequest, devise, or transfer.

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Sec. 378B. ALLOCATION OF INCOME AND EXPENSES DURING ADMINISTRATION OF DECEDENT'S ESTATE. (a) Except as provided by Subsection (b) of this section and unless the will provides otherwise, all expenses incurred in connection with the settlement of a decedent's estate, including debts, funeral expenses, estate taxes, penalties relating to estate taxes, and family allowances, shall be charged against the principal of the estate.

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Sec. 379. PARTITION WHEN ESTATE CONSISTS OF MONEY OR DEBTS ONLY. If the estate to be distributed shall consist only of money or debts due the estate, or both, the court shall fix the amount to which each distributee is entitled, and shall order the payment and delivery thereof by the executor or administrator.

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Sec. 380. PARTITION AND DISTRIBUTION WHEN PROPERTY IS CAPABLE OF DIVISION. (a) Appointment of Commissioners.

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Sec. 381. PARTITION AND DISTRIBUTION WHEN PROPERTY OF AN ESTATE IS INCAPABLE OF DIVISION. (a) Finding by the Court.

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Sec. 382. PROPERTY LOCATED IN ANOTHER COUNTY. (a) Court May Order Sale.

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Sec. 384. DAMAGES FOR NEGLECT TO DELIVER PROPERTY. If any executor or administrator shall neglect to deliver to the person entitled thereto, when demanded, any portion of an estate ordered to be delivered, such person may file with the clerk of the court his written complaint alleging the fact of such neglect, the date of his demand, and other relevant facts, whereupon the clerk shall issue a citation to be served personally on such representative, apprising him of the complaint and citing him to appear before the court and answer, if he so desires, at the time designated in the citation.

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Sec. 385. PARTITION OF COMMUNITY PROPERTY. (a) Application for Partition.

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Sec. 386. PARTITION OF PROPERTY JOINTLY OWNED. Any person having a joint interest with the estate of a decedent in any property, real or personal, may make application to the court from which letters testamentary or of administration have been granted thereon to have a partition thereof, whereupon the court shall make a partition of said property between the applicant and the estate of the deceased; and all the provisions of this Code in relation to the partition and distribution of estates shall govern partition hereunder, so far as the same are applicable.

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Sec. 387. EXPENSE OF PARTITION. Expense of partition of the estate of a decedent shall be paid by the distributees pro rata.

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PART 10A. STOCKS, BONDS AND OTHER PERSONAL PROPERTY

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Sec. 398A. HOLDING OF STOCKS, BONDS AND OTHER PERSONAL PROPERTY BY PERSONAL REPRESENTATIVES IN NAME OF NOMINEE. Unless otherwise provided by will, a personal representative may cause stocks, bonds, and other personal property of an estate to be registered and held in the name of a nominee without mention of the fiduciary relationship in any instrument or record constituting or evidencing title thereto.

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PART 11. ANNUAL ACCOUNTS AND OTHER EXHIBITS

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Sec. 399. ANNUAL ACCOUNTS REQUIRED. (a) Estates of Decedents Being Administered Under Order of Court.

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Sec. 400. PENALTY FOR FAILURE TO FILE ANNUAL ACCOUNT. Should any personal representative of an estate fail to return any annual account required by preceding sections of this Code, any person interested in said estate may, upon written complaint, or the court upon its own motion may, cause the personal representative to be cited to return such account, and show cause for such failure.

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Sec. 402. ADDITIONAL EXHIBITS OF ESTATES OF DECEDENTS. At any time after the expiration of fifteen months from the original grant of letters to an executor or administrator, any interested person may, by a complaint in writing filed in the court in which the estate is pending, cause the representative to be cited to appear and make an exhibit in writing under oath, setting forth fully, in connection with previous exhibits, the condition of the estate he represents; and, if it shall appear to the court by said exhibit, or by other evidence, that said representative has any funds of the estate in his hands subject to distribution among the creditors of the estate, the court shall order the same to be paid out to them according to the provisions of this Code; or any representative may voluntarily present such exhibit to the court; and, if he has any of the funds of the estate in his hands subject to distribution among the creditors of the estate, a like order shall be made.

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Sec. 403. PENALTY FOR FAILURE TO FILE EXHIBITS OR REPORTS. Should any personal representative fail to file any exhibit or report required by this Code, any person interested in the estate may, upon written complaint filed with the clerk of the court, cause him to be cited to appear and show cause why he should not file such exhibit or report; and, upon hearing, the court may order him to file such exhibit or report, and, unless good cause be shown for such failure, the court may revoke the letters of such personal representative and may fine him in an amount not to exceed One Thousand Dollars.

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PART 12. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE

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Sec. 404. CLOSING ADMINISTRATION OF ESTATES OF DECEDENTS. Administration of the estates of decedents shall be settled and closed when all the debts known to exist against the estate of a deceased person have been paid, or when they have been paid so far as the assets in the hands of an administrator or executor of such estate will permit, and when there is no further need for administration.

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Sec. 405. ACCOUNT FOR FINAL SETTLEMENT OF ESTATES OF DECEDENTS. When administration of the estate of a decedent is to be settled and closed, the personal representative of such estate shall present to the court his verified account for final settlement.

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Sec. 405A. DELIVERY OF PROPERTY. The court may permit a resident executor or administrator who has any of the estate of a ward to deliver the estate to a duly qualified and acting guardian of the ward.

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Sec. 406. PROCEDURE IN CASE OF NEGLECT OR FAILURE TO FILE FINAL ACCOUNT; PAYMENTS DUE MEANTIME. (a) If a personal representative charged with the duty of filing a final account fails or neglects so to do at the proper time, the court shall, upon its own motion, or upon the written complaint of any one interested in the decedent's estate which has been administered, cause such representative to be cited to appear and present such account within the time specified in the citation.

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Sec. 407. CITATION UPON PRESENTATION OF ACCOUNT FOR FINAL SETTLEMENT. Upon the filing of an account for final settlement by temporary or permanent personal representatives of the estates of decedents, citation shall contain a statement that such final account has been filed, the time and place when it will be considered by the court, and a statement requiring the person or persons cited to appear and contest the same if they see proper.

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Sec. 408. ACTION OF THE COURT. (a) Action Upon Account.

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Sec. 409. MONEY BECOMING DUE PENDING FINAL DISCHARGE. Until the order of final discharge of the personal representative is entered in the judge's probate docket, money or other thing of value falling due to the estate while the account for final settlement is pending may be paid, delivered, or tendered to the personal representative, who shall issue receipt therefor, and the obligor and/or payor shall be thereby discharged of the obligation for all purposes.

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Sec. 410. INHERITANCE TAXES MUST BE PAID. No final account of an executor or administrator shall be approved, and no estate of a decedent shall be closed, unless the final account shows, and the court finds, that all inheritance taxes due and owing to the State of Texas with respect to all interests and properties passing through the hands of the representative have been paid.

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Sec. 412. OFFSETS, CREDITS, AND BAD DEBTS. In the settlement of any of the accounts of the personal representative of an estate, all debts due the estate which the court is satisfied could not have been collected by due diligence, and which have not been collected, shall be excluded from the computation.

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Sec. 414. PROCEDURE IF REPRESENTATIVE FAILS TO DELIVER ESTATE. If any personal representative of an estate, upon final settlement, shall neglect to deliver to the person entitled thereto when demanded any portion of an estate or any funds or money in his hands ordered to be delivered, such person may file with the clerk of the court his written complaint alleging the fact of such neglect, the date of his demand, and other relevant facts, whereupon the clerk shall issue a citation to be served personally upon such representative, apprising him of the complaint and citing him to appear before the court and answer, if he so desires, at the time designated in the citation.

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CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY

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Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY. If any person entitled to a portion of an estate, except a resident minor without a guardian, shall not demand his portion from the executor or administrator within six months after an order of court approving the report of commissioners of partition, or within six months after the settlement of the final account of an executor or administrator, as the case may be, the court by written order shall require the executor or administrator to pay so much of said portion as is in money to the comptroller; and such portion as is in other property he shall order the executor or administrator to sell on such terms as the court thinks best, and, when the proceeds of such sale are collected, the court shall order the same to be paid to the comptroller, in all such cases allowing the executor or administrator reasonable compensation for his services.

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Sec. 428. INDISPENSABILITY OF COMPTROLLER AS PARTY. The comptroller is an indispensable party to any judicial or administrative proceeding concerning the disposition and handling of any portion of an estate that is or may be payable to the comptroller under Section 427 of this Code.

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Sec. 429. PENALTY FOR NEGLECT TO NOTIFY COMPTROLLER . Any clerk who shall neglect to have served on the comptroller by personal citation a certified copy of any such order within the time prescribed by Section 428 of this Code shall be liable in a penalty of One Hundred Dollars, to be recovered in an action in the name of the state, after personal service of citation, on the information of any citizen, one-half of which penalty shall be paid to the informer and the other one-half to the state.

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Sec. 430. RECEIPT OF COMPTROLLER. Whenever an executor or administrator pays the comptroller any funds of the estate he represents, under the preceding provisions of this Code, he shall take from the comptroller a receipt for such payment, with official seal attached, and shall file the same with the clerk of the court ordering such payment; and such receipt shall be recorded in the judge's probate docket.

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Sec. 431. PENALTY FOR FAILURE TO MAKE PAYMENTS TO COMPTROLLER. When an executor or administrator fails to pay to the comptroller any funds of an estate which he has been ordered by the court so to pay, within 30 days after such order has been made, such executor or administrator shall, after personal service of citation charging such failure and after proof thereof, be liable to pay out of his own estate to the comptroller damages thereon at the rate of five per cent per month for each month, or fraction thereof, that he fails to make such payment after 30 days from such order, which damages may be recovered in any court of competent jurisdiction.

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Sec. 432. COMPTROLLER MAY ENFORCE PAYMENT AND COLLECT DAMAGES. The Comptroller shall have the right in the name of the state to apply to the court in which the order for payment was made to enforce the payment of funds which the executor or administrator has failed to pay to him pursuant to order of court, together with the payment of any damages that shall have accrued under the provisions of the preceding section of this code, and the court shall enforce such payment in like manner as other orders of payment are required to be enforced.

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Sec. 433. SUIT FOR THE RECOVERY OF FUNDS PAID TO THE COMPTROLLER. (a) Mode of Recovery.

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CHAPTER XI-A. PROVISIONS APPLICABLE TO CERTAIN NONTESTAMENTARY TRANSFERS

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CHAPTER XI. NONTESTAMENTARY TRANSFERS

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PART 1. MULTIPLE-PARTY ACCOUNTS

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Sec. 437. OWNERSHIP AS BETWEEN PARTIES AND OTHERS. The provisions of Sections 438 through 440 of this code that concern beneficial ownership as between parties, or as between parties and P.

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Sec. 438. OWNERSHIP DURING LIFETIME. (a) A joint account belongs, during the lifetime of all parties, to the parties in proportion to the net contributions by each to the sums on deposit, unless there is clear and convincing evidence of a different intent.

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Sec. 438A. CONVENIENCE ACCOUNT. (a) If an account is established at a financial institution by one or more parties in the names of the parties and one or more convenience signers and the terms of the account provide that the sums on deposit are paid or delivered to the parties or to the convenience signers "for the convenience" of the parties, the account is a convenience account.

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Sec. 438B. CONVENIENCE SIGNER ON OTHER ACCOUNTS. (a) An account established by one or more parties at a financial institution that is not designated as a convenience account, but is instead designated as a single-party account or another type of multiple-party account, may provide that the sums on deposit may be paid or delivered to the parties or to one or more convenience signers "for the convenience of the parties.

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Sec. 439. RIGHT OF SURVIVORSHIP. (a) Sums remaining on deposit at the death of a party to a joint account belong to the surviving party or parties against the estate of the decedent if, by a written agreement signed by the party who dies, the interest of such deceased party is made to survive to the surviving party or parties.

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Sec. 440. EFFECT OF WRITTEN NOTICE TO FINANCIAL INSTITUTION. The provisions of Section 439 of this code as to rights of survivorship are determined by the form of the account at the death of a party.

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Sec. 441. ACCOUNTS AND TRANSFERS NONTESTAMENTARY. Transfers resulting from the application of Section 439 of this code are effective by reason of the account contracts involved and this statute and are not to be considered as testamentary or subject to the testamentary provisions of this code.

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Sec. 442. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT. No multiple-party account will be effective against an estate of a deceased party to transfer to a survivor sums needed to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and minor children, if other assets of the estate are insufficient.

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Sec. 443. PROTECTION OF FINANCIAL INSTITUTIONS. Sections 444 through 449 of this code govern the liability of financial institutions that make payments as provided in this chapter and the set-off rights of the institutions.

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Sec. 444. PAYMENT ON SIGNATURE OF ONE PARTY. Financial institutions may enter into multiple-party accounts to the same extent that they may enter into single-party accounts.

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Sec. 445. PAYMENT OF JOINT ACCOUNT AFTER DEATH OR DISABILITY. Any sums in a joint account may be paid, on request, to any party without regard to whether any other party is incapacitated or deceased at the time the payment is demanded, but payment may not be made to the personal representative or heirs of a deceased party unless proofs of death are presented to the financial institution showing that the decedent was the last surviving party or unless there is no right of survivorship under Section 439 of this code.

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Sec. 446. PAYMENT OF P.O.

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Sec. 447. PAYMENT OF TRUST ACCOUNT. A trust account may be paid, on request, to any trustee.

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Sec. 448. DISCHARGE FROM CLAIMS. Payment made as provided by Section 444, 445, 446, or 447 of this code discharges the financial institution from all claims for amounts so paid whether or not the payment is consistent with the beneficial ownership of the account as between parties, P.

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Sec. 449. SET-OFF TO FINANCIAL INSTITUTION. Without qualifying any other statutory right to set-off or lien and subject to any contractual provision, if a party to a multiple-party account is indebted to a financial institution, the financial institution has a right to set-off against the account in which the party has or had immediately before his death a present right of withdrawal.

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PART 2. PROVISIONS RELATING TO EFFECT OF DEATH

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PART 3. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP

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Sec. 451. RIGHT OF SURVIVORSHIP. At any time, spouses may agree between themselves that all or part of their community property, then existing or to be acquired, becomes the property of the surviving spouse on the death of a spouse.

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Sec. 452. FORMALITIES. (a) An agreement between spouses creating a right of survivorship in community property must be in writing and signed by both spouses.

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Sec. 453. OWNERSHIP AND MANAGEMENT DURING MARRIAGE. Property subject to an agreement between spouses creating a right of survivorship in community property remains community property during the marriage of the spouses.

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Sec. 454. TRANSFERS NONTESTAMENTARY. Transfers at death resulting from agreements made in accordance with this part of this code are effective by reason of the agreement involved and are not testamentary transfers.

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Sec. 455. REVOCATION. An agreement between spouses made in accordance with this part of this code may be revoked in accordance with the terms of the agreement.

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Sec. 456. PROOF OF AGREEMENT. (a) Application for Adjudication.

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Sec. 457. ACTION OF COURT ON AGREEMENT. On completion of a hearing on an application under Section 456 of this code, if the court is satisfied that the requisite proof has been made, an order adjudging the agreement valid shall be entered.

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Sec. 458. EFFECT OF ORDER. An agreement between spouses creating a right of survivorship in community property that satisfies the requirements of this code is effective and enforceable without an adjudication.

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Sec. 459. CUSTODY OF ADJUDICATED AGREEMENTS. An original agreement creating a right of survivorship in community property that has been adjudicated together with the order adjudging it valid shall be deposited in the office of the county clerk of the county in which it was adjudicated and shall remain there, except during such time when it may be removed for inspection to another place on order of the court where adjudicated.

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Sec. 460. PROTECTION OF PERSONS OR ENTITIES ACTING WITHOUT KNOWLEDGE OR NOTICE. (a) Personal Representatives.

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Sec. 461. RIGHTS OF CREDITORS. The provisions of Part 1 of this chapter govern the rights of creditors in multiple-party accounts, as defined by Section 436 of Part 1.

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Sec. 462. COORDINATION WITH PART 1 OF CHAPTER XI. The provisions of Part 1 of this chapter apply to multiple-party accounts held by spouses with a right of survivorship to the extent that such provisions are not inconsistent with the provisions of this part.

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CHAPTER XII. DURABLE POWER OF ATTORNEY ACT

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Sec. 481. SHORT TITLE. This chapter may be cited as the Durable Power of Attorney Act.

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Sec. 483. DURATION. A durable power of attorney does not lapse because of the passage of time unless the instrument creating the power of attorney specifically states a time limitation.

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Sec. 484. EFFECT OF ACTS BY ATTORNEY IN FACT OR AGENT DURING INCAPACITY OF PRINCIPAL. All acts done by an attorney in fact or agent pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and the principal's successors in interest as if the principal were not disabled or incapacitated.

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Sec. 485. RELATION OF ATTORNEY IN FACT OR AGENT TO COURT-APPOINTED GUARDIAN OF ESTATE. (a) If, after execution of a durable power of attorney, a court of the principal's domicile appoints a permanent guardian of the estate of the principal, the powers of the attorney in fact or agent terminate on the qualification of the guardian of the estate, and the attorney in fact or agent shall deliver to the guardian of the estate all assets of the estate of the ward in the attorney's or agent's possession and shall account to the guardian of the estate as the attorney or agent would to the principal had the principal terminated his powers.

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Sec. 485A. EFFECT OF PRINCIPAL'S DIVORCE OR MARRIAGE ANNULMENT IF FORMER SPOUSE IS ATTORNEY IN FACT OR AGENT. If, after execution of a durable power of attorney, the principal is divorced from a person who has been appointed the principal's attorney in fact or agent or the principal's marriage to a person who has been appointed the principal's attorney in fact or agent is annulled, the powers of the attorney in fact or agent granted to the principal's former spouse shall terminate on the date on which the divorce or annulment of marriage is granted by a court, unless otherwise expressly provided by the durable power of attorney.

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Sec. 486. KNOWLEDGE OF DEATH, GUARDIAN OF ESTATE, REVOCATION, DIVORCE, OR MARRIAGE ANNULMENT; GOOD-FAITH ACTS. (a) The revocation by, the death of, or the qualification of a guardian of the estate of a principal who has executed a durable power of attorney does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the termination of the power by revocation, by the principal's death, or by the qualification of a guardian of the estate of the principal, acts in good faith under or in reliance on the power.

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Sec. 487. AFFIDAVIT OF LACK OF KNOWLEDGE OR TERMINATION OF POWER; RECORDING; GOOD-FAITH RELIANCE. (a) As to acts undertaken in good-faith reliance on the durable power of attorney, an affidavit executed by the attorney in fact or agent under a durable power of attorney stating that the attorney in fact or agent did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation, by the principal's death, by the principal's divorce or the annulment of the marriage of the principal if the attorney in fact or agent was the principal's spouse, or by the qualification of a guardian of the estate of the principal is conclusive proof as between the attorney in fact or agent and a person other than the principal or the principal's personal representative dealing with the attorney in fact or agent of the nonrevocation or nontermination of the power at that time.

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Sec. 487A. EFFECT OF BANKRUPTCY PROCEEDING. After execution of a durable power of attorney, the filing of a voluntary or involuntary petition in bankruptcy in connection with the principal's debts does not revoke or terminate the agency as to the principal's attorney in fact or agent.

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Sec. 488. REVOCATION OF DURABLE POWER OF ATTORNEY. Unless otherwise provided by the durable power of attorney, a revocation of a durable power of attorney is not effective as to a third party relying on the power of attorney until the third party receives actual notice of the revocation.

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Sec. 489. RECORDING DURABLE POWER OF ATTORNEY FOR REAL PROPERTY TRANSACTIONS. A durable power of attorney for a real property transaction requiring the execution and delivery of an instrument that is to be recorded, including a release, assignment, satisfaction, mortgage, security agreement, deed of trust, encumbrance, deed of conveyance, oil, gas, or other mineral lease, memorandum of a lease, lien, or other claim or right to real property, shall be recorded in the office of the county clerk of the county in which the property is located.

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Sec. 489B. DUTY TO INFORM AND ACCOUNT. (a) The attorney in fact or agent is a fiduciary and has a duty to inform and to account for actions taken pursuant to the power of attorney.

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Sec. 490. STATUTORY DURABLE POWER OF ATTORNEY. (a) The following form is known as a "statutory durable power of attorney.

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STATUTORY DURABLE POWER OF ATTORNEY

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SPECIAL INSTRUCTIONS:

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CHAPTER XIII. GUARDIANSHIP

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PART 1. GENERAL PROVISIONS

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SUBPART A. DEFINITIONS; PURPOSE; APPLICABILITY; PROCEEDINGS IN REM

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PART 2. GUARDIANSHIP PROCEEDINGS AND MATTERS

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SUBPART A. JURISDICTION

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SUBPART B. VENUE

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SUBPART C. DUTIES AND RECORDS OF CLERK

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SUBPART D. SERVICE AND NOTICE

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SUBPART E. TRIAL AND HEARING MATTERS

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SUBPART F. POST-TRIAL MATTERS

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SUBPART G. LETTERS OF GUARDIANSHIP

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SUBPART H. COMPENSATION, EXPENSES, AND COURT COSTS

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SUBPART I. DUTY AND RESPONSIBILITY OF COURT

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SUBPART J. LIABILITY OF GUARDIAN

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PART 3. APPOINTMENT AND QUALIFICATION OF GUARDIANS

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SUBPART A. APPOINTMENT

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SUBPART B. QUALIFICATION

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PART 4. ADMINISTRATION OF GUARDIANSHIP

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SUBPART A. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS

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SUBPART B. ANNUAL ACCOUNTS, REPORTS, AND OTHER EXHIBITS

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SUBPART C. FINAL SETTLEMENT, ACCOUNTING, AND DISCHARGE

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SUBPART D. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL

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SUBPART E. GENERAL DUTIES AND POWERS OF GUARDIANS

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SUBPART F. SPECIFIC DUTIES AND POWERS OF GUARDIANS

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SUBPART G. CLAIMS PROCEDURES

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SUBPART H. SALES

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SUBPART I. HIRING AND RENTING

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SUBPART J. MINERAL LEASES, POOLING OR UNITIZATION AGREEMENTS, AND OTHER MATTERS RELATING TO MINERAL PROPERTIES

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SUBPART K. PARTITION OF WARD'S ESTATE IN REALTY

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SUBPART L. INVESTMENTS AND LOANS OF ESTATES OF WARDS

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SUBPART M. TAX-MOTIVATED, CHARITABLE, AND OTHER GIFTS

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SUBPART N. MANAGEMENT TRUSTS

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PART 5. SPECIAL PROCEEDINGS AND ORDERS

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SUBPART A. TEMPORARY GUARDIANSHIPS

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SUBPART B. GUARDIANSHIPS FOR NONRESIDENTS

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SUBPART C. INCAPACITATED SPOUSE AND COMMUNITY PROPERTY

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SUBPART D. RECEIVERSHIP FOR MINORS AND OTHER INCAPACITATED PERSONS

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SUBPART E. PAYMENT OF CLAIMS WITHOUT GUARDIANSHIP

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SUBPART F. SALE OF PROPERTY OF MINORS AND CERTAIN WARDS

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SUBPART G. INTERSTATE GUARDIANSHIPS

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SUBPART H. CONTRACTS IN ARTS, ENTERTAINMENT, ADVERTISEMENT, AND SPORTS

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SUBPART I. ESTABLISHMENT OF POOLED TRUST SUBACCOUNTS; TRANSFERS

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