ESTATES CODE TITLE 1. GENERAL PROVISIONS …

1 ESTATES CODESec. PURPOSE OF code . (a) This code is enacted as apart of the state's continuing statutory revision program, begun bythe Texas Legislative Council in 1963 as directed by the legislaturein the law codified as Section , Government code . The programcontemplates a topic-by-topic revision of the state's GENERAL andpermanent statute law without substantive change.(b) Consistent with the objectives of the statutory revisionprogram, the purpose of this code is to make the law encompassed bythis code more accessible and understandable by:(1) rearranging the statutes into a more logical order;(2) employing a format and numbering system designed tofacilitate citation of the law and to accommodate future expansion ofthe law;(3) eliminating repealed, duplicative, unconstitutional,expired, executed, and other ineffective PROVISIONS ; and(4) restating the law in modern American English to thegreatest extent possible.

2 (c) Repealed by Acts 2015, 84th Leg., , Ch. 1236 , (1), eff. September 1, 2015. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, by: Acts 2011, 82nd Leg., , Ch. 823 ( 2759), Sec. , 1, 2013, 83rd Leg., , Ch. 161 ( 1093), Sec. , 1, 2015, 84th Leg., , Ch. 1236 ( 1296), Sec. ,eff. September 1, 2015, 84th Leg., , Ch. 1236 ( 1296), Sec. (1),eff. September 1, 2015. Sec. CONSTRUCTION. (a) Except as provided by or , Chapter 311, Government code ( code ConstructionAct), applies to the construction of a provision of this code .(b) This code and the Texas Probate code , as amended, shall beconsidered one continuous statute, and for the purposes of anyTITLE 1. GENERAL PROVISIONSCHAPTER 21. PURPOSE AND CONSTRUCTIONS tatute text rendered on: 6/1/2020- 1 -instrument that refers to the Texas Probate code , this code shall beconsidered an amendment to the Texas Probate code .

3 Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, by: Acts 2011, 82nd Leg., , Ch. 823 ( 2759), Sec. , 1, 2013, 83rd Leg., , Ch. 161 ( 1093), Sec. , 1, 2015, 84th Leg., , Ch. 173 ( 2419), Sec. 1(b), 28, 2015. Sec. STATUTORY REFERENCES. A reference in a law otherthan in this code to a statute or a part of a statute revised by thiscode is considered to be a reference to the part of this code thatrevises that statute or part of that statute. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, by: Acts 2011, 82nd Leg., , Ch. 823 ( 2759), Sec. , 1, 2013, 83rd Leg., , Ch. 161 ( 1093), Sec. , 1, 2015, 84th Leg., , Ch. 1236 ( 1296), Sec. ,eff. September 1, 2015. Sec. EFFECT OF DIVISION OF LAW. The division of thiscode into titles, subtitles, chapters, subchapters, parts, subparts,sections, subsections, subdivisions, paragraphs, and subparagraphs isfor convenience and does not have any legal effect.

4 Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. APPLICABILITY OF CERTAIN LAWS. Chapter 132,Civil Practice and Remedies code , does not apply to Subchapter C, ESTATES CODES tatute text rendered on: 6/1/2020- 2 -Chapter 251. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, by: Acts 2011, 82nd Leg., , Ch. 823 ( 2759), Sec. , 1, 2013, 83rd Leg., , Ch. 1136 ( 2912), Sec. 1, 1, 2015, 84th Leg., , Ch. 1236 ( 1296), Sec. ,eff. September 1, 2015. Sec. APPLICABILITY TO PROBATE PROCEEDINGS. Theprocedure prescribed by TITLE 2 governs all probate proceedings. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. APPLICABILITY OF DEFINITIONS. (a) Except asprovided by Subsection (b), the definition for a term provided bythis chapter applies in this code unless a different meaning of theterm is otherwise apparent from the context in which the term isused.

5 (b) If TITLE 3 provides a definition for a term that isdifferent from the definition provided by this chapter, thedefinition for the term provided by TITLE 3 applies in that TITLE . Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, by: Acts 2013, 83rd Leg., , Ch. 161 ( 1093), Sec. , 1, 2014. Sec. AUTHORIZED CORPORATE SURETY. "Authorizedcorporate surety" means a domestic or foreign corporation authorizedto engage in business in this state for the purpose of issuingsurety, guaranty, or indemnity bonds that guarantee the fidelity ofESTATES CODECHAPTER 22. DEFINITIONSS tatute text rendered on: 6/1/2020- 3 -an executor or administrator. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. CHARITABLE ORGANIZATION. "Charitableorganization" means:(1) a nonprofit corporation, trust, community chest, fund,foundation, or other entity that is:(A) exempt from federal income tax under Section501(a), Internal Revenue code of 1986, by being described by Section501(c)(3) of that code ; and(B) organized and operated exclusively for:(i) religious, charitable, scientific, educational,or literary purposes;(ii) testing for public safety;(iii) preventing cruelty to children or animals; or(iv) promoting amateur sports competition; or(2) any other entity that is organized and operatedexclusively for the purposes listed in Section 501(c)(3), InternalRevenue code of 1986.

6 Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. CHILD. (a) "Child" includes an adopted child,regardless of whether the adoption occurred through:(1) an existing or former statutory procedure; or(2) an equitable adoption or acts of estoppel.(b) The term "child" does not include a child who does not havea presumed father unless a provision of this code expressly statesthat a child who does not have a presumed father is included. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, by: Acts 2017, 85th Leg., , Ch. 844 ( 2271), Sec. 1, 1, 2017. ESTATES CODES tatute text rendered on: 6/1/2020- 4 -Sec. CLAIMS. "Claims" includes:(1) liabilities of a decedent that survive the decedent'sdeath, including taxes, regardless of whether the liabilities arisein contract or tort or otherwise;(2) funeral expenses;(3) the expense of a tombstone;(4) expenses of administration;(5) estate and inheritance taxes; and(6) debts due such ESTATES .

7 Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. CORPORATE FIDUCIARY. "Corporate fiduciary" meansa financial institution, as defined by Section , Finance code ,that:(1) is existing or engaged in business under the laws ofthis state, another state, or the United States;(2) has trust powers; and(3) is authorized by law to act under the order orappointment of a court of record, without giving bond, as receiver,trustee, executor, administrator, or, although the financialinstitution does not have GENERAL depository powers, depository forany money paid into the court, or to become sole guarantor or suretyin or on any bond required to be given under the laws of this state. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. COURT; COUNTY COURT, PROBATE COURT, AND STATUTORYPROBATE COURT.

8 (a) "Court" means and includes:(1) a county court in the exercise of its probatejurisdiction;(2) a court created by statute and authorized to exerciseoriginal probate jurisdiction; and(3) a district court exercising original probatejurisdiction in a contested matter.(b) The terms "county court" and "probate court" are synonymousand mean: ESTATES CODES tatute text rendered on: 6/1/2020- 5 -(1) a county court in the exercise of its probatejurisdiction;(2) a court created by statute and authorized to exerciseoriginal probate jurisdiction; and(3) a district court exercising probate jurisdiction in acontested matter.(c) "Statutory probate court" means a court created by statuteand designated as a statutory probate court under Chapter 25,Government code . For purposes of this code , the term does notinclude a county court at law exercising probate jurisdiction unlessthe court is designated a statutory probate court under Chapter 25,Government code .

9 Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. DEVISE. "Devise":(1) used as a noun, includes a testamentary disposition ofreal property, personal property, or both; and(2) used as a verb, means to dispose of real property,personal property, or both, by will. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. DEVISEE. "Devisee" includes a legatee. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. DISTRIBUTEE. "Distributee" means a person who isentitled to a part of the estate of a decedent under a lawful will orthe statutes of descent and distribution. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. ESTATES CODES tatute text rendered on: 6/1/2020- 6 -Sec. DOCKET. "Docket" means the probate docket.

10 Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. estate . " estate " means a decedent's property, asthat property:(1) exists originally and as the property changes in formby sale, reinvestment, or otherwise;(2) is augmented by any accretions and other additions tothe property, including any property to be distributed to thedecedent's representative by the trustee of a trust that terminateson the decedent's death, and substitutions for the property; and(3) is diminished by any decreases in or distributions fromthe property. Added by Acts 2009, 81st Leg., , Ch. 680 ( 2502), Sec. 1, 1, 2014. Sec. EXEMPT PROPERTY. "Exempt property" means theproperty in a decedent's estate that is exempt from execution orforced sale by the constitution or laws of this state, and anyallowance paid instead of that property.