Texas Laws - Probate Code
CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION
PART 1. TEMPORARY ADMINISTRATION IN THE INTEREST OF ESTATES OF DEPENDENTS

PART 1. TEMPORARY ADMINISTRATION IN THE INTEREST OF ESTATES OF DEPENDENTS (1424)(1-click HTML)

Text of article effective until January 01, 2014 (1425)

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. (1426)(1-click HTML)

The duration of the appointment must be specified in the court's order and may not exceed 180 days unless the appointment is made permanent as provided by Subsection (j) of this section. (1427)

(b) Any person may file with the clerk of the court a written application for the appointment of a temporary administrator of a decedent's estate under this section. The application must be verified and must include the information required by Section 81 of this code if the decedent died testate or Section 82 of this code if the decedent died intestate and an affidavit that sets out: (1428)

(1) the name, address, and interest of the applicant; (1429)

(2) the facts showing an immediate necessity for the appointment of a temporary administrator; (1430)

(3) the requested powers and duties of the temporary administrator; (1431)

(4) a statement that the applicant is entitled to letters of temporary administration and is not disqualified by law from serving as a temporary administrator; and (1432)

(5) a description of the real and personal property that the applicant believes to be in the decedent's estate. (1433)

(c) An order of appointment must: (1434)

(1) designate the appointee as "temporary administrator" of the decedent's estate for the specified period; (1435)

(2) define the powers conferred on the appointee; and (1436)

(3) set the amount of bond to be given by the appointee. (1437)

(d) Not later than the third business day after the date of the order, the appointee shall file with the county clerk a bond in the amount ordered by the court. In this subsection, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state. (1438)

(e) Not later than the third day after the date on which an appointee qualifies, the county clerk shall issue to the appointee letters of appointment that set forth the powers to be exercised by the appointee as ordered by the court. (1439)

(f) On the date that the county clerk issues letters of appointment, the county clerk shall post a notice of the appointment to all interested persons on the courthouse door. (1440)

(g) On the date the county clerk issues letters of appointment, the appointee shall notify the known heirs of the decedent of his appointment by certified mail, return receipt requested. (1441)

(h) A notice required by Subsection (f) or (g) of this section must state that: (1442)

(1) an interested person or an heir may request a hearing to contest the appointment not later than the 15th day after the date that the letters of appointment are issued; (1443)

(2) if no contest is made within the period specified by the notice, the appointment will continue for the time specified in the order of appointment; and (1444)

(3) the court may make the appointment permanent. (1445)

(i) If an interested person or an heir requests a hearing to contest the appointment of a temporary administrator, a hearing shall be held and a determination made not later than the 10th day after the date the request was made. If a request is not made on or before the 15th day after the date that the letters of appointment are issued, the appointment of a temporary administrator continues for the period specified in the order, unless made permanent under Subsection (j) of this section. During the pendency of a contest of the appointment of a temporary administrator, the temporary appointee shall continue to act as administrator of the estate to the extent of the powers conferred by his appointment. If the court sets aside the appointment, the court may require the temporary administrator to prepare and file, under oath, a complete exhibit of the condition of the estate and detail the disposition the temporary administrator has made of the property of the estate. (1446)

(j) At the conclusion of the term of appointment of a temporary administrator, the court may, by written order, make the appointment permanent if the permanent appointment is in the interest of the estate. (1447)

Added by Acts 1987, 70th Leg., ch. 460, Sec. 2, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1035, Sec. 8, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 540, Sec. 2, eff. Sept. 1, 1997. (1448)

Amended by: (1449)

Acts 2005, 79th Leg., Ch. 765, Sec. 1, eff. June 17, 2005. (1450)

Text of article effective until January 01, 2014 (1451)

Sec. 132. TEMPORARY ADMINISTRATION PENDING CONTEST OF A WILL OR ADMINISTRATION. (a) Appointment of Temporary Administrator. (1452)(1-click HTML)

Pending a contest relative to the probate of a will or the granting of letters of administration, the court may appoint a temporary administrator, with such limited powers as the circumstances of the case require; and such appointment may continue in force until the termination of the contest and the appointment of an executor or administrator with full powers. The power of appointment in this Subsection is in addition to the court's power of appointment under Section 131A of this Code. (1453)

(b) Additional Powers Relative to Claims. When temporary administration has been granted pending a will contest, or pending a contest on an application for letters of administration, the court may, at any time during the pendency of the contest, confer upon the temporary administrator all the power and authority of a permanent administrator with respect to claims against the estate, and in such case the court and the temporary administrator shall act in the same manner as in permanent administration in connection with such matters as the approval or disapproval of claims, the payment of claims, and the making of sales of real or personal property for the payment of claims; provided, however, that in the event such power and authority is conferred upon a temporary administrator, he shall be required to give bond in the full amount required of a permanent administrator. The provisions of this Subsection are cumulative and shall not be construed to exclude the right of the court to order a temporary administrator to do any and all of the things covered by this Subsection in other cases where the doing of such things shall be necessary or expedient to preserve the estate pending final determination of the contest. (1454)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1987, 70th Leg., ch. 460, Sec. 3, eff. Sept. 1, 1987. (1455)

Text of article effective until January 01, 2014 (1456)

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. (1457)(1-click HTML)

Where a court, by a subsequent order, extends the rights and powers of a temporary administrator, it may require additional bond commensurate with such extension. Any acts performed by temporary administrators that are not so expressly authorized shall be void. (1458)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 25, eff. Sept. 1, 1993. (1459)

Text of article effective until January 01, 2014 (1460)

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. (1461)(1-click HTML)

(1462)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (1463)

Text of article effective until January 01, 2014 (1464)

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. (1465)(1-click HTML)

Upon proof of such delivery, the appointee shall be discharged and the sureties on his bond released as to any future liability. (1466)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 26, eff. Sept. 1, 1993. (1467)

  

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