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

(f) In the case of all decedents, whether dying testate or intestate, for the purposes of determining who shall be the distributees under this section, it shall be presumed that no distributee living at the time the application for an order continuing independent administration of the decedent's estate is filed shall subsequently disclaim any portion of such distributee's interest in the decedent's estate. (1730)

(g) If a distributee of a decedent's estate should die, and if by virtue of such distributee's death such distributee's share of the decedent's estate shall become payable to such distributee's estate, then the deceased distributee's personal representative may sign the application for an order continuing independent administration of the decedent's estate under this section. (1731)

(h) If a successor independent executor is appointed pursuant to this section, then, unless the county court shall waive bond on application for waiver, the successor independent executor shall be required to enter into bond payable to and to be approved by the judge and his or her successors in a sum that is found by the judge to be adequate under all circumstances, or a bond with one surety in a sum that is found by the judge to be adequate under all circumstances, if the surety is an authorized corporate surety. (1732)

(i) Absent proof of fraud or collusion on the part of a judge, the judge may not be held civilly liable for the commission of misdeeds or the omission of any required act of any person, firm, or corporation designated as a successor independent executor under this section. Section 36 of this code does not apply to an appointment of a successor independent executor under this section. (1733)

Added by Acts 1977, 65th Leg., p. 1066, ch. 390, Sec. 8, eff. Sept. 1, 1977. Amended by Acts 1979, 66th Leg., p. 1753, ch. 713, Sec. 23, eff. Aug. 27, 1979; Acts 1993, 73rd Leg., ch. 846, Sec. 16, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1039, Sec. 11, eff. Sept. 1, 1995. (1734)

PART 5. ADMINISTRATION OF COMMUNITY PROPERTY (1735)(Text)

Text of article effective until January 01, 2014 (1736)

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. (1737)(Text)

Nothing in this part of this chapter prohibits the administration of community property under other provisions of this code relating to the administration of an estate. (1738)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1971, 62nd Leg., p. 980, ch. 173, Sec. 11, eff. Jan. 1, 1972. (1739)

Amended by: (1740)

Acts 2007, 80th Leg., R.S., Ch. 301, Sec. 1, eff. September 1, 2007. (1741)

Text of article effective until January 01, 2014 (1742)

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. (1743)(Text)

In addition, the interest that the deceased spouse owned in any other nonexempt community property passes to his or her heirs or devisees charged with the debts which were enforceable against such deceased spouse prior to his or her death. The surviving spouse or personal representative shall keep a separate, distinct account of all community debts allowed or paid in the administration and settlement of such estate. (1744)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1971, 62nd Leg., p. 980, ch. 173, Sec. 11, eff. Jan. 1, 1972. (1745)

Amended by: (1746)

Acts 2007, 80th Leg., R.S., Ch. 301, Sec. 2, eff. September 1, 2007. (1747)

Text of article effective until January 01, 2014 (1748)

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. (1749)(Text)

(1750)

(b) If an affidavit stating that the affiant is the surviving spouse and that no one has qualified as executor or administrator of the estate of the deceased spouse is furnished to a person owing money to the community estate for current wages at the time of the death of the deceased spouse, the person making payment or delivering to the affiant the deceased spouse's final paycheck for wages, including unpaid sick pay or vacation pay, if any, is released from liability to the same extent as if the payment or delivery was made to a personal representative of the deceased spouse. The person is not required to inquire into the truth of the affidavit. The affiant to whom the payment or delivery is made is answerable to any person having a prior right and is accountable to any personal representative who is appointed. The affiant is liable for any damage or loss to any person that arises from a payment or delivery made in reliance on the affidavit. (1751)

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