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Texas Laws | Probate Code
CHAPTER VII. EXECUTORS AND ADMINISTRATORS
PART 4. SUBSEQUENT PERSONAL REPRESENTATIVES

(2065)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 38, eff. Sept. 1, 1993. (2066)

Text of article effective until January 01, 2014 (2067)

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. (2068)(Text)

In all orders appointing successor representatives of estates, the court shall appoint appraisers as in original appointments upon the application of any person interested in the estate. (2069)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12, 1969. (2070)

Amended by: (2071)

Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 1.27, eff. September 1, 2011. (2072)

PART 5. GENERAL POWERS OF PERSONAL REPRESENTATIVES (2073)(Text)

Text of article effective until January 01, 2014 (2074)

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. (2075)(Text)

(2076)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1975, 64th Leg., p. 268, ch. 114, Sec. 1, eff. April 30, 1975; Acts 1993, 73rd Leg., ch. 957, Sec. 39, eff. Sept. 1, 1993. (2077)

Text of article effective until January 01, 2014 (2078)

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. (2079)(Text)

(2080)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2081)

Text of article effective until January 01, 2014 (2082)

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. (2083)(Text)

If he wilfully neglects to use such diligence, he and the sureties on his bond shall be liable, at the suit of any person interested in the estate, for the use of the estate, for the amount of such claims or the value of such property as has been lost by such neglect. (2084)

(b) Except as provided by Subsection (c) of this section, a personal representative may enter into a contract to convey, or may convey, a contingent interest in any property sought to be recovered, not exceeding one-third thereof, for services of attorneys, subject only to approval of the court in which the estate is being administered. (2085)

(c) A personal representative, including an independent executor or independent administrator, may convey or contract to convey for services of an attorney a contingent interest that exceeds one-third of the property sought to be recovered under this section only on the approval of the court in which the estate is being administered. The court must approve a contract entered into or conveyance made under this section before an attorney performs any legal services. A contract entered into or conveyance made in violation of this section is void, unless the court ratifies or reforms the contract or documents relating to the conveyance to the extent necessary to cause the contract or conveyance to meet the requirements of this section. (2086)

(d) In approving a contract or conveyance under Subsection (b) or (c) of this section for services of an attorney, the court shall consider: (2087)

(1) the time and labor that will be required, the novelty and difficulty of the questions to be involved, and the skill that will be required to perform the legal services properly; (2088)

(2) the fee customarily charged in the locality for similar legal services; (2089)

(3) the value of property recovered or sought to be recovered by the personal representative under this section; (2090)

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