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

(2285)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2286)

PART 2. WITHDRAWING ESTATES OF DECEASED PERSONS FROM ADMINISTRATION (2287)(Text)

Text of article effective until January 01, 2014 (2288)

Sec. 262. EXECUTOR OR ADMINISTRATOR REQUIRED TO REPORT ON CONDITION OF ESTATE. At any time after the return of inventory, appraisement, and list of claims of a deceased person, any one entitled to a portion of the estate may, by a written complaint filed in the court in which such case is pending, cause the executor or administrator of the estate to be cited to appear and render under oath an exhibit of the condition of the estate. (2289)(Text)

(2290)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2291)

Text of article effective until January 01, 2014 (2292)

Sec. 263. BOND REQUIRED TO WITHDRAW ESTATE FROM ADMINISTRATION. When the executor or administrator has rendered the required exhibit, the persons entitled to such estate, or any of them, or any persons for them, may execute and deliver to the court a bond payable to the judge, and his successors in office, to be approved by the court, for an amount equal to at least double the gross appraised value of the estate as shown by the appraisement and list of claims returned, conditioned that the persons who execute such bond shall pay all the debts against the estate not paid that have been or shall be allowed by the executor or administrator and approved by the court, or that have been or shall be established by suit against said estate, and will pay to the executor or administrator any balance that shall be found to be due him by the judgment of the court on his exhibit. (2293)(Text)

(2294)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2295)

Text of article effective until January 01, 2014 (2296)

Sec. 264. COURT'S ORDER. When such bond has been given and approved, the court shall thereupon enter an order directing and requiring the executor or administrator to deliver forthwith to all persons entitled to any portion of the estate the portion or portions of such estate to which they are entitled. (2297)(Text)

(2298)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2299)

Text of article effective until January 01, 2014 (2300)

Sec. 265. ORDER OF DISCHARGE. When an estate has been so withdrawn from further administration, an order shall be entered discharging the executor or administrator and declaring the administration closed. (2301)(Text)

(2302)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2303)

Text of article effective until January 01, 2014 (2304)

Sec. 266. LIEN ON PROPERTY OF ESTATE WITHDRAWN FROM ADMINISTRATION. A lien shall exist on all of the estate withdrawn from administration in the hands of the distributees, and those claiming under them with notice of such lien, to secure the ultimate payment of the aforesaid bond and of the debts and claims secured thereby. (2305)(Text)

(2306)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2307)

Text of article effective until January 01, 2014 (2308)

Sec. 267. PARTITION OF ESTATE WITHDRAWN FROM ADMINISTRATION. Any person entitled to any portion of the estate withdrawn from further administration may, on written application to the court, cause a partition and distribution to be made among the persons entitled thereto, in accordance with the provisions of this Code pertaining to the partition and distribution of estates. (2309)(Text)

(2310)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2311)

Text of article effective until January 01, 2014 (2312)

Sec. 268. CREDITORS MAY SUE ON BOND. Any creditor of an estate withdrawn from administration whose debt or claim is unpaid and is not barred by limitation shall have the right to sue on the bond in his own name, and shall be entitled to judgment thereon for such debt or claim as he shall establish against the estate. (2313)(Text)

(2314)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2315)

Text of article effective until January 01, 2014 (2316)

Sec. 269. CREDITORS MAY SUE DISTRIBUTEES. Any creditor of an estate withdrawn from administration whose debt or claim is unpaid and is not barred by limitation may sue any distributee who has received any of the estate, or he may sue all the distributees together, but no one of such distributees shall be liable beyond his just proportion according to the amount of the estate he shall have received in the distribution. (2317)(Text)

(2318)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (2319)

PART 3. SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY, AND FIXING THE FAMILY ALLOWANCE (2320)(Text)

Text of article effective until January 01, 2014 (2321)

(1) the purchase money thereof; (2322)

(2) the taxes due thereon; (2323)

(3) work and material used in constructing improvements thereon if the requirements of Section 50(a)(5), Article XVI, Texas Constitution, are met; (2324)

(4) an owelty of partition imposed against the entirety of the property by court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding; (2325)

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