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Texas Laws | Probate Code
CHAPTER VIII. PROCEEDINGS DURING ADMINISTRATION
PART 1. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS

Amended by: (2262)

Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 1.29, eff. September 1, 2011. (2263)

Text of article effective until January 01, 2014 (2264)

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. (2265)(Text)

After hearing such complaint, and being satisfied of the truth thereof, the court shall enter its order requiring such additional inventory or list of claims, or both, to be made and returned in like manner as original inventories, and within such time, not to exceed twenty days, from the date of said order, as may be fixed by the court, but to include only property or claims theretofore not inventoried or listed. (2266)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2267)

Text of article effective until January 01, 2014 (2268)

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. (2269)(Text)

If, upon the hearing of such complaint, the court be satisfied from the evidence that the inventory, appraisement, or list of claims is erroneous or unjust in any particular as alleged in the complaint, an order shall be entered specifying the erroneous or unjust items and the corrections to be made, and appointing appraisers to make a new appraisement correcting such erroneous or unjust items and requiring the return of said new appraisement within twenty days from the date of the order. The court may also, on its own motion or that of the personal representative of the estate, have a new appraisal made for the purposes above set out. (2270)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2271)

Text of article effective until January 01, 2014 (2272)

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. (2273)(Text)

Not more than one reappraisement shall be made, but any person interested in the estate may object to the reappraisement either before or after it is approved, and if the court finds that the reappraisement is erroneous or unjust, the court shall appraise the property upon the basis of the evidence before it. (2274)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2275)

Without reference to the amendment of this section, this section was repealed by Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 2.54(b)(1), eff. January 1, 2014. (2276)

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. (2277)(Text)

(2278)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2279)

Amended by: (2280)

Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 1.30, eff. September 1, 2011. (2281)

Acts 2011, 82nd Leg., R.S., Ch. 1338, Sec. 2.54(b)(1), eff. January 1, 2014. (2282)

Text of article effective until January 01, 2014 (2283)

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. (2284)(Text)

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