An administrator is a personal representative appointed by the court, typically when the decedent died intestate or the named executor is unable or unwilling to serve. An independent administrator is included in the definition of a personal representative. If a decedent’s will does not name an executor, all distributees may agree on a qualified person to serve as independent administrator. An independent administrator has the same power of sale over estate property as an independent executor.

A personal representative appointed by the court to administer an estate when the decedent left a valid will, but the executor named in the will has failed to qualify, is dead, or refuses to act. An AWA must take the required oath and is generally required to give a bond in the same manner and amount as required for original letters of administration.

In some cases, particularly in an independent administration, the executor may file an affidavit instead of the detailed inventory, appraisement, and list of claims. This is permissible if the time for filing the IACL has been extended and is considered an extension of the filing period for the affidavit. A successor independent executor may file this affidavit in lieu of the full inventory.

In an independent administration, if there are no unpaid debts (except secured debts, taxes, and administration expenses) when the inventory is due, the independent executor may file an affidavit instead of the full inventory. This affidavit must state that all such allowable debts are paid and that all beneficiaries have received a verified, full, and detailed inventory and appraisement. Filing this affidavit is treated as an extension of the filing period for the formal inventory.

In a court-supervised administration, the personal representative must file a sworn annual account no later than the 60th day after each anniversary of their qualification, unless the court authorizes an extension. This account must show changes in estate property, a complete record of receipts and disbursements (listing principal and income separately), and a complete, detailed description of the property being administered. Supporting vouchers or other satisfactory evidence must be attached for each claimed item of credit, along with an official letter showing amounts deposited in the bank.

An appraiser is a disinterested person appointed by the court to estimate the value of the estate property. After letters are granted, the court, for good cause, shall appoint at least one but not more than three disinterested persons who reside in the county of administration, or in a county where part of the estate is located, to perform this duty. An approved appraisement replaces the original, but only one reappraisement may be made.

In guardianship proceedings, an “attorney ad litem” is a specific role appointed by the court. This attorney’s sole duty is to represent and advocate for the interests of the proposed ward (the person alleged to be incapacitated), an incapacitated person, an unborn person, or another person as prescribed by statute. The compensation for the attorney ad litem is taxed as costs in the proceeding.

A bill of review is a formal legal action that an interested person may file in the court where the probate proceedings were held to have an order or judgment revised and corrected. For instance, an heir who was not properly served with citation in a proceeding to declare heirship may seek to correct the judgment via a bill of review. This action generally must be filed within four years of the judgment date, unless actual fraud is proven, in which case there is no time limit.

This term describes a person who buys property for monetary consideration without actual notice of a legal defect or competing claim. A bona fide purchaser who buys property after a judgment determining heirship is protected from claims made by an omitted heir, even if the judgment is later modified or set aside. Similarly, a purchaser who buys property subject to a Community Property Survivorship Agreement (CPSA) more than six months after death, without notice of revocation, generally obtains good title.

A “bond” is a legal requirement typically imposed on a person appointed to serve as a personal representative, unless exceptions apply. The bond is generally required before letters testamentary or of administration can be issued. It must be in an amount deemed sufficient by the judge to protect the estate and its creditors. The bond is conditioned on the representative administering the estate faithfully and not wasting or misapplying the assets.

“Claims” is a comprehensive term encompassing various liabilities against the decedent or debts owed to the estate. Liabilities surviving the decedent’s death are included, such as taxes, whether they arise from contract, tort, or otherwise. Specifically mentioned components of claims include funeral expenses, the expense of a tombstone, and costs associated with administration. The term also covers estate and inheritance taxes, as well as debts due to the estate.

In an independent administration, the executor may close the estate either by filing a formal closing report or a simpler notice of closing estate, both verified by affidavit. A notice of closing must state that all known debts have been paid (or paid to the extent assets allowed) and that the executor has fully distributed the remaining assets. The independent administration is considered closed 30 days after filing the report or notice, unless an interested person files a timely objection.

This is an agreement between spouses stating that all or part of their community property will vest in the surviving spouse upon the death of the other spouse. Transfers resulting from this agreement are effective by reason of the agreement itself and are nontestamentary. A court order adjudging the agreement valid provides sufficient legal authority for third parties (such as registrars, debtors, or transfer agents) to make payment or transfer the property to the surviving spouse.

A personal representative (including an independent executor or administrator) may contract with an attorney to convey a contingent interest in property sought to be recovered for the estate. This interest may not exceed a one-third share of the recovered property unless the court administering the estate specifically approves a larger amount. When evaluating a fee greater than one-third, the court considers factors such as the value of the property, the complexity of the questions involved, and the skill required of the attorney.

A “corporate fiduciary” is defined as a financial institution that meets specific legal and business requirements. This institution must possess trust powers and be authorized to conduct business under the laws of Texas, another state, or the United States. A key characteristic is that a corporate fiduciary is legally authorized to act under a court order or appointment in various capacities, often without needing to provide a bond. These capacities include acting as a receiver, trustee, executor, administrator, or even as a depository for money paid into the court.

Used as a noun, “devise” includes a testamentary disposition of real property, personal property, or both. When used as a verb, the term means to dispose of real property, personal property, or both, by means of a will. This term is closely related to “legacy,” which also includes a gift or devise of real or personal property made through a will. The act of devising property is the manner in which a testator transfers their assets upon death.

A “devisee” is a person entitled to receive property from a decedent through a will. This term is explicitly inclusive of a legatee. Because the act of devising covers both real property and personal property, a devisee is the proper term for someone inheriting either type of asset under a testamentary disposition.

A “distributee” is a person entitled to receive a portion of a decedent’s estate. This right to a share of the estate stems from either a lawful will left by the decedent or the applicable statutes governing descent and distribution. The distributee is the ultimate recipient of estate property, distinguishing them from the personal representative who manages the property.

The term “docket” specifically refers to the probate docket maintained by the court. The probate docket is a record maintained by the court clerk where all probate proceedings and important filings regarding a decedent’s estate are officially noted and tracked.

The term “estate” means a decedent’s property. This property encompasses the assets as they originally existed and as they might subsequently change form due to factors such as sale or reinvestment. The estate is augmented by additions and accretions to the property, including assets distributed from a trust that terminates upon the decedent’s death. Conversely, the estate is diminished by any reductions in or distributions made from the property.

An executor is a personal representative named in a decedent’s will, whose duty is to carry out the will’s terms. An independent executor is granted special powers, as their status means they are generally not subject to the control of the courts in probate matters concerning the settlement of estates. Judicial control over an independent executor is limited to cases expressly provided by law. If named in the will, the executor is usually the first person entitled to letters testamentary or of administration.

“Exempt property” is property belonging to a decedent’s estate that is protected from execution or forced sale. This protection is afforded by the laws or constitution of the State of Texas. The definition also incorporates any monetary allowance that is paid to a recipient instead of the actual exempt property. This category of assets is specifically excluded when determining the value of the net estate.

When the personal representative applies to close an administration, they must file an account for final settlement. This account may refer to the inventory and adopt prior proceedings (such as sales or leases) without repeating all details. The court may allow waiver of citation for the final account in a decedent’s estate proceeding.

A “foreign corporate fiduciary” is a corporate fiduciary that does not have its main office or a branch office located in Texas. Such an entity may act in a fiduciary capacity in Texas, provided it adheres strictly to the requirements of the Estates Code. When acting strictly within these legal parameters, a foreign corporate fiduciary is statutorily designated as not transacting business in Texas.

An “heir” is a person designated to receive a part of the estate of a decedent who dies intestate. Intestate means the decedent died without a valid will governing the distribution of their property. The heir’s entitlement arises specifically under the statutes of descent and distribution. This definition explicitly includes the decedent’s surviving spouse.

A person is defined as “incapacitated” if they are a minor, or if they are an adult who is substantially unable to manage their personal or financial affairs due to a physical or mental condition. This inability may manifest as being substantially unable to provide for necessities like food, clothing, or shelter. For guardianship purposes, inability also includes the substantial inability to make personal decisions regarding voting, residence, marriage, or operating a motor vehicle.

This broad term refers to an individual who has a stake in the administration of an estate. It specifically includes any heir, devisee, spouse, or creditor. Additionally, the term covers anyone having a property right in or a claim against the estate that is currently being administered. If the matter relates to an incapacitated person, the term also includes anyone interested in that person’s welfare, such as a minor.

This is a foundational document that the personal representative must file within 90 days of qualification, providing a detailed description and valuation of the estate assets. The “List of Claims” section must include specific details for each claim due or owing to the estate, such as the type of obligation, the date incurred and due, and whether the claim is separate or community property. If the representative later discovers additional property or claims, they must promptly file a verified, detailed supplemental inventory or list of claims.

A “legacy” is generally considered a gift or devise of real or personal property made through a decedent’s will. A “legatee” is the person who is entitled to receive that specific legacy under the provisions of the will. This term is synonymous with “devisee,” which includes a legatee.

These are the formal documents issued by the court that grant official authority to a personal representative. Before Letters Testamentary are granted, the court must be satisfied that the required proof for the will’s probate has been made, and that the person is named as the executor in the will. Before Letters of Administration are granted, the applicant must prove that a necessity for an administration of the estate exists. Once granted, these letters provide sufficient evidence of the representative’s authority to commence collection and possession of estate property.

A management trust is a specialized legal arrangement created by court order in the context of guardianship or receivership proceedings to manage a person’s property. The trust order must direct property holders to deliver assets to the appointed trustee and include specific terms and limitations. If the trustee is a corporate fiduciary, they may serve without giving a bond.

This is the alternative option a secured creditor may choose for their claim for money against the estate. If chosen and approved, the claim is treated like an ordinary debt and is allowed to be paid in the due course of administration. If a claim is treated as a matured secured claim, it will be paid according to the statutory classification and priority of claims, rather than directly from the proceeds of the secured property first.

A “minor” is legally defined as a person younger than 18 years of age. To fully qualify as a minor under this code, the person must also meet two additional criteria. First, the individual must have never been married. Second, the individual must not have had the disabilities of minority removed for general purposes.

In the context of statutory rules governing transfers at death, an “account” means a contract established for the deposit of funds between a financial institution and one or more persons. This classification covers various common banking products, such as checking accounts, savings accounts, certificates of deposit, and similar financial arrangements.

This is a required finding the court must make before granting letters of administration. If an application for administration is filed, but the court finds that no necessity exists, the court must state this finding in the order refusing the letters. The administration of an estate is officially considered settled and closed only when all known debts have been paid (to the extent permitted by assets) and the court determines that no further need for administration exists.

The “net contribution” of a party to a joint account is a measure of that party’s actual financial stake in the account. It is calculated by taking the sum of all deposits made by or for the party. From that sum, any withdrawals made by or for the party that were not distributed to any other party must be subtracted. Finally, a proportional share of any included interest, dividends, or deposit life insurance proceeds is added to determine the net contribution.

The “net estate” is defined as a decedent’s property after certain assets and liabilities have been excluded. It explicitly excludes all homestead rights and exempt property from the calculation. Additionally, the net estate does not include the family allowance or any enforceable claims against the decedent’s estate. This calculation is important for determining the portion of the estate subject to distribution among heirs or devisees after liabilities are settled.

The term “next of kin” includes the relatives designated to inherit a decedent’s property in the absence of a will. This definition explicitly includes an adopted child in its scope.

A “party” is defined as a person who, according to the agreement governing a multiple-party account, holds a present right to receive payment from the account, subject to proper request. This term is generally inclusive of a guardian, a personal representative, or an assignee of the original accountholder.

“Personal property” includes diverse types of assets that are not fixed to land. Specifically mentioned in the definition are tangible items such as goods and intangible assets such as money. The term also covers a chose in action, which is the right to sue for a debt, an evidence of debt (like a promissory note), and a real chattel.

The terms “representative” and “personal representative” when used in the context of guardianships generally refer to the court-appointed fiduciary managing the affairs of the ward. Specifically, this term includes a guardian appointed by the court, as well as a successor guardian.

This is one of the two elective classifications a claimant holding a secured claim for money against an estate may choose. If chosen and approved by the court, the claim is fixed as a preferred debt and lien against the specific property securing the indebtedness and is paid according to the original contract terms. If this classification is successfully established, the creditor may not make any further claim for the debt against other estate assets.

A pretermitted child is a child of the testator who is born or adopted after the execution of the testator’s will. If such a child is neither provided for nor expressly mentioned in the will, the child is generally entitled to a portion of the estate derived from the interests given to the testator’s other children or other testamentary beneficiaries. The share received by the pretermitted child must be recovered ratably from the portions passing to the other heirs to preserve the testator’s plan to the maximum extent possible.

A “private sale” is a method by which estate property, such as real estate, may be sold, as authorized by the court. Unlike a public auction, a private sale is generally conducted without formal public notice or advertising, although the court order must specify the terms of the sale. The court will approve a private sale if satisfied that the price is fair, the sale was properly made, and it conforms to the law.

The terms “probate matter,” “probate proceedings,” “proceeding in probate,” and “proceedings for probate” are interchangeable. These terms include any matter or proceeding related to a decedent’s estate. The scope encompasses a broad range of actions, such as the probate of a will, issuance of letters testamentary or of administration, and actions concerning claims against the estate. They also include matters related to settling a personal representative’s account, partitioning an estate, or will construction suits.

This is a streamlined process where a will is admitted to probate, but a formal estate administration is avoided. The court may grant this if it is satisfied that the will should be probated and that the testator’s estate does not owe any unpaid debts, excluding debts secured by a real estate lien. Alternatively, the court may allow this process if it determines there is simply no necessity for an administration. The resulting order functions to transfer the title of the property as if the assets were legally vested in the distributee’s name.

A “proposed ward” is defined as a person who is alleged to be incapacitated in a pending guardianship proceeding. The purpose of the proceeding is to determine if this person is substantially unable to manage their personal or financial affairs due to a physical or mental condition.

When estate real estate is sold at a public auction under court order, the sale must be completed on the bid of the highest bidder. Unless the court directs otherwise, the sale must occur between 10 a.m. and 4 p.m. on the first Tuesday of the month. If a purchaser fails to comply with the terms of the sale, the property must be re-auctioned, and the defaulting bidder is liable for the resulting deficiencies.

A “qualified delivery method” refers to specific, legally acceptable means of delivering important documents or citations. These methods ensure verified receipt and include hand delivery by a courier, along with a courier’s proof of delivery receipt. It also includes using certified or registered mail, provided a return receipt is specifically requested and received. Furthermore, a private delivery service designated by the U.S. Secretary of the Treasury is acceptable, provided it includes proof of delivery.

This term refers to a movable interest that, while related to real property (like a leasehold interest), is legally considered personal property for the purposes of the Estates Code. “Real property” expressly excludes a real chattel. However, a real chattel is explicitly included in the definition of “personal property”.

“Real property” encompasses estates and various interests in land. This definition includes interests that are corporeal (physical land or structures) and incorporeal (rights in land, like easements or mineral rights). It applies to both legal and equitable interests. It is important to note that the statutory definition explicitly excludes a real chattel.

When the court authorizes a partial distribution of a decedent’s estate to some, but not all, heirs or devisees after letters are granted and the inventory is filed, a refunding bond may be required. This bond is determined by the court in an amount deemed necessary to protect potential remaining creditors and ensure liabilities are covered. However, if all interested parties file a written waiver, the court may dispense with the requirement for the refunding bond.

After a personal representative conducts a sale of real property, they must file a written, sworn report with the court not later than the 30th day after the bid or contract date. This report must include details such as the date of the sale order, a description of the property, the purchaser’s name, the successful bid amount, and the terms of sale. The court must review the report and, if satisfied, enter an order approving the sale and authorizing the deed.

“Representative” and “personal representative” are synonymous terms used throughout the Estates Code. These terms include an executor, as well as an independent executor. They also encompass various types of administrators, such as an administrator, an independent administrator, or a temporary administrator. Finally, this definition extends to cover any successor to one of the aforementioned executors or administrators.

This refers to a specific type of legal document an individual may use to grant an agent powers over their property and financial matters. For the power of attorney to be legally sufficient, the wording must comply substantially with the prescribed statutory form, be properly completed, and the principal’s signature must be acknowledged. This instrument is used to allow an agent to exercise authority independently of the principal, and it is governed by its own rules under Subtitle P of the Estates Code.

A “statutory probate court” is a specialized court created by statute and formally designated as such under Chapter 25, Government Code. In counties containing a statutory probate court, that court has exclusive jurisdiction over all probate proceedings, regardless of whether the matters are contested or uncontested. This type of court is also vested with jurisdiction over matters related to trusts and powers of attorney in certain circumstances.

“Sums on deposit” means the total balance available in a multiple-party account for payment or transfer. This definition includes cash, earned interest, and dividends. It also covers several types of securities, such as stocks, bonds, and mutual funds, held within the account. Significantly, it includes life insurance proceeds that were deposited into the account due to the death of a party.

A “surety” is a party that guarantees the performance of a personal representative’s duties, usually through a bond. This party is legally obligated to ensure the estate is administered faithfully and according to law. The Estates Code recognizes both a personal surety (an individual) and a corporate surety (a company authorized to issue surety bonds).

If the interest of a decedent’s estate requires the immediate appointment of a representative, the court may appoint a TA. The order appointing a TA must specify the period of appointment, which cannot exceed 180 days unless the court makes the appointment permanent. A TA can only exercise the rights and powers specifically expressed in the court’s appointment order or subsequent orders, and any unauthorized act performed by a TA is void.

In a contested probate proceeding, any party has the right to a jury trial, just as in other civil actions. This right applies to contested probate proceedings or mental illness proceedings that take place in a probate court.

A “ward” is a person for whom a guardian has been appointed. In the context of a Management Trust, the trust terminates when the ward, if a minor, reaches age 18, marries, or has the disability of minority removed. When a guardianship is closed because the ward’s capacity is completely restored, the final order requires the guardian to deliver the ward’s property to the person.

A “will” is a written instrument created by the testator that directs the disposition of their property after death. The term includes a codicil, which is an amendment to a will. A will may be testamentary in nature even if it merely serves to appoint an executor or guardian. Furthermore, a document that only directs how property may not be disposed of, or one that solely revokes a previous will, is still considered a “will”.

A will contest or construction suit is a type of probate litigation regarding the validity or the legal meaning of a will. If an institution of higher education, a private institution, or a charitable organization is named as a distributee in the will, that entity is considered a necessary party to the contest or suit. In a will contest where mental capacity is an issue, any party is entitled to the production of the decedent’s relevant medical communications and records.