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Texas Laws | Probate Code
CHAPTER VI. SPECIAL TYPES OF ADMINISTRATION
PART 4. INDEPENDENT ADMINISTRATION

(1653)

(b) The court may review the amount of assets on reserve and may order the independent executor to make further distributions under this section. (1654)

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1, 1999. (1655)

Text of article effective until January 01, 2014 (1656)

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. (1657)(Text)

(1658)

(b) On the filing of an action under this section, each beneficiary of the estate shall be personally served with citation, except for a beneficiary who has waived the issuance and service of citation. (1659)

(c) In a proceeding under this section, the court may require the independent executor to file a final account that includes any information the court considers necessary to adjudicate the independent executor's request for a discharge of liability. The court may audit, settle, or approve a final account filed under this subsection. (1660)

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1, 1999. (1661)

Text of article effective until January 01, 2014 (1662)

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. (1663)(Text)

(1664)

(b) The independent executor shall be personally liable to refund any amount not approved by the court as a proper charge against the estate. (1665)

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1, 1999. (1666)

Text of article effective until January 01, 2014 (1667)

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. (1668)(Text)

(1669)

Added by Acts 1999, 76th Leg., ch. 855, Sec. 6, eff. Sept. 1, 1999. (1670)

Text of article effective until January 01, 2014 (1671)

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. (1672)(Text)

(1673)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1977, 65th Leg., p. 1065, ch. 390, Sec. 7, eff. Sept. 1, 1977; Acts 1979, 66th Leg., p. 1752, ch. 713, Sec. 20, eff. Aug. 27, 1979. (1674)

Without reference to the amendment of this section, this section was repealed by Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 2.54(d)(1), eff. January 1, 2014. (1675)

Sec. 151. CLOSING INDEPENDENT ADMINISTRATION BY CLOSING REPORT OR NOTICE OF CLOSING ESTATE. (a) Filing of Closing Report or Notice of Closing Estate. (1676)(Text)

When all of the debts known to exist against the estate have been paid, or when they have been paid so far as the assets in the hands of the independent executor will permit, when there is no pending litigation, and when the independent executor has distributed to the persons entitled thereto all assets of the estate, if any, remaining after payment of debts, the independent executor may file with the court a closing report or a notice of closing of the estate. (1677)

(a-1) Closing Report. An independent executor may file a closing report verified by affidavit that: (1678)

(1) shows: (1679)

(A) the property of the estate which came into the possession of the independent executor; (1680)

(B) the debts that have been paid; (1681)

(C) the debts, if any, still owing by the estate; (1682)

(D) the property of the estate, if any, remaining on hand after payment of debts; and (1683)

(E) the names and residences of the persons to whom the property of the estate, if any, remaining on hand after payment of debts has been distributed; and (1684)

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