Title ES, Estates Code

Sec. 21.005. APPLICABILITY OF CERTAIN LAWS. Chapter 132, Civil Practice and Remedies Code, does not apply to Subchapter C, Chapter 251. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 27…

Sec. 21.006. APPLICABILITY TO PROBATE PROCEEDINGS. The procedure prescribed by Title 2 governs all probate proceedings. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.001. APPLICABILITY OF DEFINITIONS. (a) Except as provided by Subsection (b), the definition for a term provided by this chapter applies in this code unless a different meaning of the term is otherwise apparent from the context in which the term is used. (b) If Title 3 pro…

Sec. 22.002. AUTHORIZED CORPORATE SURETY. "Authorized corporate surety" means a domestic or foreign corporation authorized to engage in business in this state for the purpose of issuing surety, guaranty, or indemnity bonds that guarantee the fidelity of an executor or administrat…

Sec. 22.003. CHARITABLE ORGANIZATION. "Charitable organization" means: (1) a nonprofit corporation, trust, community chest, fund, foundation, or other entity that is: (A) exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being described by Sec…

Sec. 22.004. 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 have a presu…

Sec. 22.005. CLAIMS. "Claims" includes: (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise; (2) funeral expenses; (3) the expense of a tombstone; (4) expenses of administra…

Sec. 22.006. CORPORATE FIDUCIARY. "Corporate fiduciary" means a financial institution, as defined by Section 201.101, Finance Code, that: (1) is existing or engaged in business under the laws of this state, another state, or the United States; (2) has trust powers; and (3) is aut…

Sec. 22.007. COURT; COUNTY COURT, PROBATE COURT, AND STATUTORY PROBATE COURT. (a) "Court" means and includes: (1) a county court in the exercise of its probate jurisdiction; (2) a court created by statute and authorized to exercise original probate jurisdiction; and (3) a distric…

Sec. 22.008. DEVISE. "Devise": (1) used as a noun, includes a testamentary disposition of real 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., R.S., Ch. 680 (H.B. …

Sec. 22.009. DEVISEE. "Devisee" includes a legatee. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.010. DISTRIBUTEE. "Distributee" means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.011. DOCKET. "Docket" means the probate docket. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.012. ESTATE. "Estate" means a decedent's property, as that property: (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise; (2) is augmented by any accretions and other additions to the property, including any property to be distrib…

Sec. 22.013. EXEMPT PROPERTY. "Exempt property" means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 25…

Sec. 22.014. GOVERNMENTAL AGENCY OF THE STATE. "Governmental agency of the state" means: (1) a municipality; (2) a county; (3) a public school district; (4) a special-purpose district or authority; (5) a board, commission, department, office, or other agency in the executive bran…

Sec. 22.015. HEIR. "Heir" means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. The term includes the decedent's surviving spouse. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, e…

Sec. 22.016. INCAPACITATED PERSON. A person is "incapacitated" if the person: (1) is a minor; (2) is an adult who, because of a physical or mental condition, is substantially unable to: (A) provide food, clothing, or shelter for himself or herself; (B) care for the person's own p…

Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor" means the personal representative of an estate under independent administration as provided by Chapter 401 and Section 402.001. The term includes an independent administrator. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (…

Sec. 22.018. INTERESTED PERSON; PERSON INTERESTED. "Interested person" or "person interested" means: (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and (2) anyone interested in the welfare of an incap…

Sec. 22.019. JUDGE. "Judge" means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is: (1) a county court in the exercise of its probate jurisdiction; (2) a court created by statute and authorized to exercise …

Sec. 22.020. LEGACY. "Legacy" includes a gift or devise of real or personal property made by a will. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.021. LEGATEE. "Legatee" includes a person who is entitled to a legacy under a will. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.022. MINOR. "Minor" means a person younger than 18 years of age who: (1) has never been married; and (2) has not had the disabilities of minority removed for general purposes. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.024. MORTGAGE; LIEN. "Mortgage" and "lien" include: (1) a deed of trust; (2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien; (3) a chattel mortgage; (4) a judgment; and (5) a pledge by hy…

Sec. 22.025. NET ESTATE. "Net estate" means a decedent's property excluding: (1) homestead rights; (2) exempt property; (3) the family allowance; and (4) an enforceable claim against the decedent's estate. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. Jan…

Sec. 22.026. NEXT OF KIN. "Next of kin" includes: (1) an adopted child or the adopted child's descendants; and (2) the adoptive parent of the adopted child. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.027. PERSON. (a) "Person" includes a natural person and a corporation. (b) Except as otherwise provided by this code, the definition of "person" assigned by Section 311.005, Government Code, does not apply to any provision in this code. Added by Acts 2009, 81st Leg., R.S.…

Sec. 22.028. PERSONAL PROPERTY. "Personal property" includes an interest in: (1) goods; (2) money; (3) a chose in action; (4) an evidence of debt; and (5) a real chattel. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.029. PROBATE MATTER; PROBATE PROCEEDINGS; PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE. The terms "probate matter," "probate proceedings," "proceeding in probate," and "proceedings for probate" are synonymous and include a matter or proceeding relating to a decedent's e…

Sec. 22.0295. QUALIFIED DELIVERY METHOD. "Qualified delivery method" means delivery by: (1) hand delivery by courier, with courier's proof of delivery receipt; (2) certified or registered mail, return receipt requested, with return receipt; or (3) a private delivery service desig…

Sec. 22.030. REAL PROPERTY. "Real property" includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. The term does not include a real chattel. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.031. REPRESENTATIVE; PERSONAL REPRESENTATIVE. (a) "Representative" and "personal representative" include: (1) an executor and independent executor; (2) an administrator, independent administrator, and temporary administrator; and (3) a successor to an executor or administ…

Sec. 22.032. SURETY. "Surety" includes a personal surety and a corporate surety. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.033. WARD. "Ward" means a person for whom a guardian has been appointed. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Sec. 22.034. WILL. "Will" includes: (1) a codicil; and (2) a testamentary instrument that merely: (A) appoints an executor or guardian; (B) directs how property may not be disposed of; or (C) revokes another will. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, …

Sec. 31.001. SCOPE OF "PROBATE PROCEEDING" FOR PURPOSES OF CODE. The term "probate proceeding," as used in this code, includes: (1) the probate of a will, with or without administration of the estate; (2) the issuance of letters testamentary and of administration; (3) an heirship…

Sec. 31.002. MATTERS RELATED TO PROBATE PROCEEDING. (a) For purposes of this code, in a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, a matter related to a probate proceeding includes: (1) an action against a …

Sec. 32.001. GENERAL PROBATE COURT JURISDICTION; APPEALS. (a) All probate proceedings must be filed and heard in a court exercising original probate jurisdiction. The court exercising original probate jurisdiction also has jurisdiction of all matters related to the probate procee…

Sec. 32.002. ORIGINAL JURISDICTION FOR PROBATE PROCEEDINGS. (a) In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, the county court has original jurisdiction of probate proceedings. (b) In a county in which th…

Sec. 32.003. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR STATUTORY COUNTY COURT. (a) In a county in which there is no statutory probate court or county court at law exercising original probate jurisdiction, when a matter in a probate …

Sec. 32.004. JURISDICTION OF CONTESTED PROBATE PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a county in which there is no statutory probate court, but in which there is a county court at law exercising original probate jurisdiction, when a matter in a probate proc…

Sec. 32.005. EXCLUSIVE JURISDICTION OF PROBATE PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a county in which there is a statutory probate court, the statutory probate court has exclusive jurisdiction of all probate proceedings, regardless of whether contested or unc…

Sec. 32.006. JURISDICTION OF STATUTORY PROBATE COURT WITH RESPECT TO TRUSTS AND POWERS OF ATTORNEY. In a county in which there is a statutory probate court, the statutory probate court has jurisdiction of: (1) an action by or against a trustee; (2) an action involving an inter vi…

Sec. 32.007. CONCURRENT JURISDICTION WITH DISTRICT COURT. A statutory probate court has concurrent jurisdiction with the district court in: (1) a personal injury, survival, or wrongful death action by or against a person in the person's capacity as a personal representative; (2) …

Sec. 33.001. PROBATE OF WILLS AND GRANTING OF LETTERS TESTAMENTARY AND OF ADMINISTRATION. (a) Venue for a probate proceeding to admit a will to probate or for the granting of letters testamentary or of administration is: (1) in the county in which the decedent resided, if the dec…