2005 Texas Probate Code CHAPTER VII. EXECUTORS AND ADMINISTRATORS

PROBATE CODE

CHAPTER VII. EXECUTORS AND ADMINISTRATORS

PART 1. APPOINTMENT AND ISSUANCE OF LETTERS


	§ 178. WHEN LETTERS TESTAMENTARY OR OF ADMINISTRATION 
SHALL BE GRANTED.  (a) Letters Testamentary. When a will has been 
probated, the court shall, within twenty days thereafter, grant 
letters testamentary, if permitted by law, to the executor or 
executors appointed by such will, if any there be, or to such of 
them as are not disqualified, and are willing to accept the trust 
and qualify according to law.
	(b)  Letters of Administration. When a person shall die 
intestate, or where no executor is named in a will, or where the 
executor is dead or shall fail or neglect to accept and qualify 
within twenty days after the probate of the will, or shall neglect 
for a period of thirty days after the death of the testator to 
present the will for probate, then administration of the estate of 
such intestate, or administration with the will annexed of the 
estate of such testator, shall be granted, should administration 
appear to be necessary.  No administration of any estate shall be 
granted unless there exists a necessity therefor, such necessity to 
be determined by the court hearing the application.  Such necessity 
shall be deemed to exist if two or more debts exist against the 
estate, or if or when it is desired to have the county court 
partition the estate among the distributees, but mention of these 
two instances of necessity for administration shall not prevent the 
court from finding other instances of necessity upon proof before 
it.
	(c)  Failure to Issue Letters Within Prescribed Time. 
Failure of a court to issue letters testamentary within the twenty 
day period prescribed by this Section shall not affect the validity 
of any letters testamentary which are issued subsequent to such 
period, in accordance with law.

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


	§ 179. OPPOSITION TO GRANT OF LETTERS OF 
ADMINISTRATION.  When application is made for letters of 
administration, any person may at any time before the application 
is granted, file his opposition thereto in writing, and may apply 
for the grant of letters to himself or to any other person;  and, 
upon the trial, the court shall grant letters to the person that may 
seem best entitled to them, having regard to applicable provisions 
of this Code, without further notice than that of the original 
application.

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


	§ 180. EFFECT OF FINDING THAT NO NECESSITY FOR 
ADMINISTRATION EXISTS.  When application is filed for letters of 
administration and the court finds that there exists no necessity 
for administration of the estate, the court shall recite in its 
order refusing the application that no necessity for administration 
exists.  An order of the court containing such recital shall 
constitute sufficient legal authority to all persons owing any 
money, having custody of any property, or acting as registrar or 
transfer agent of any evidence of interest, indebtedness, property, 
or right belonging to the estate, and to persons purchasing or 
otherwise dealing with the estate, for payment or transfer to the 
distributees of the decedent, and such distributees shall be 
entitled to enforce their right to such payment or transfer by suit.

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


	§ 181. ORDERS GRANTING LETTERS TESTAMENTARY OR OF 
ADMINISTRATION.  When letters testamentary or of administration 
are granted, the court shall make an order to that effect, which 
shall specify:
	(a)  The name of the testator or intestate;  and                               
	(b)  The name of the person to whom the grant of letters is 
made;  and       
	(c)  If bond is required, the amount thereof;  and                             
	(d)  If any interested person shall apply to the court for 
the appointment of an appraiser or appraisers, or if the court deems 
an appraisal necessary, the name of not less than one nor more than 
three disinterested persons appointed to appraise the estate and 
return such appraisement to the court;  and
	(e)  That the clerk shall issue letters in accordance with 
said order when the person to whom said letters are granted shall 
have qualified according to law.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1967, 60th Leg., p. 1815, ch. 697, § 1, eff. Aug. 28, 1967;  
Acts 1969, 61st Leg., p. 1922, ch. 641, § 10, eff. June 12, 1969.


	§ 182. WHEN CLERK SHALL ISSUE LETTERS.  Whenever an 
executor or administrator has been qualified in the manner required 
by law, the clerk of the court granting the letters testamentary or 
of administration shall forthwith issue and deliver the letters to 
such executor or administrator.  When two or more persons qualify as 
executors or administrators, letters shall be issued to each of 
them so qualifying.

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


	§ 183. WHAT CONSTITUTES LETTERS.  Letters testamentary or 
of administration shall be a certificate of the clerk of the court 
granting the same, attested by the seal of such court, and stating 
that the executor or administrator, as the case may be, has duly 
qualified as such as the law requires, the date of such 
qualification, and the name of the deceased.

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


	§ 186. LETTERS OR CERTIFICATE MADE EVIDENCE.  Letters 
testamentary or of administration or a certificate of the clerk of 
the court which granted the same, under the seal of such court, that 
said letters have been issued, shall be sufficient evidence of the 
appointment and qualification of the personal representative of an 
estate and of the date of qualification.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 28, eff. Sept. 1, 1993.


	§ 187. ISSUANCE OF OTHER LETTERS.  When letters have been 
destroyed or lost, the clerk shall issue other letters in their 
stead, which shall have the same force and effect as the original 
letters.  The clerk shall also issue any number of letters as and 
when requested by the person or persons who hold such letters.

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


	§ 188. RIGHTS OF THIRD PERSONS DEALING WITH EXECUTORS OR 
ADMINISTRATORS.  When an executor or administrator, legally 
qualified as such, has performed any acts as such executor or 
administrator in conformity with his authority and the law, such 
acts shall continue to be valid to all intents and purposes, so far 
as regards the rights of innocent purchasers of any of the property 
of the estate from such executor or administrator, for a valuable 
consideration, in good faith, and without notice of any illegality 
in the title to the same, notwithstanding such acts or the authority 
under which they were performed may afterward be set aside, 
annulled, and declared invalid.

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

PART 2. OATHS AND BONDS OF PERSONAL REPRESENTATIVES


	§ 189. HOW EXECUTORS AND ADMINISTRATORS SHALL QUALIFY.  A 
personal representative shall be deemed to have duly qualified when 
he shall have taken and filed his oath and made the required bond, 
had the same approved by the judge, and filed it with the clerk.  In 
case of an executor who is not required to make bond, he shall be 
deemed to have duly qualified when he shall have taken and filed his 
oath required by law.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 29, eff. Sept. 1, 1993.


	§ 190. OATHS OF EXECUTORS AND ADMINISTRATORS.  (a) 
Executor, or Administrator With Will Annexed. Before the issuance 
of letters testamentary or of administration with the will annexed, 
the person named as executor, or appointed administrator with the 
will annexed, shall take and subscribe an oath in form 
substantially as follows:  "I do solemnly swear that the writing 
which has been offered for probate is the last will of ______, so 
far as I know or believe, and that I will well and truly perform all 
the duties of executor of said will (or of administrator with the 
will annexed, as the case may be) of the estate of said ______."
	(b)  Administrator. Before the issuance of letters of 
administration, the person appointed administrator shall take and 
subscribe an oath in form substantially as follows:  "I do solemnly 
swear that ______, deceased, died without leaving any lawful will 
(or that the named executor in any such will is dead or has failed or 
neglected to offer the same for probate, or to accept and qualify as 
executor, within the time required, as the case may be), so far as I 
know or believe, and that I will well and truly perform all the 
duties of administrator of the estate of said deceased."
	(c)  Temporary Administrator. Before the issuance of 
temporary letters of administration, the person appointed 
temporary administrator shall take and subscribe an oath in form 
substantially as follows:  "I do solemnly swear that I will well and 
truly perform the duties of temporary administrator of the estate 
of ______, deceased, in accordance with the law, and with the order 
of the court appointing me such administrator."
	(d)  Filing and Recording of Oaths. All such oaths may be 
taken before any officer authorized to administer oaths, and shall 
be filed with the clerk of the court granting the letters, and shall 
be recorded in the minutes of such court.

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


	§ 192. TIME FOR TAKING OATH AND GIVING BOND.  The oath of 
a personal representative may be taken and subscribed, or his bond 
may be given and approved, at any time before the expiration of 
twenty days after the date of the order granting letters 
testamentary or of administration, as the case may be, or before 
such letters shall have been revoked for a failure to qualify within 
the time allowed.  All such oaths may be taken before any person 
authorized to administer oaths under the laws of this State.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 30, eff. Sept. 1, 1993.


	§ 194. BONDS OF PERSONAL REPRESENTATIVES OF 
ESTATES.  Except when bond is not required under the provisions of 
this Code, before the issuance of letters testamentary or of 
administration, the recipient of letters shall enter into bond 
conditioned as required by law, payable to the county judge or 
probate judge of the county in which the probate proceedings are 
pending and to his successors in office.  Such bonds shall bear the 
written approval of either of such judges in his official capacity, 
and shall be executed and approved in accordance with the following 
rules:
	1. Court to Fix Penalty.  The penalty of the bond shall be 
fixed by the judge, in an amount deemed sufficient to protect the 
estate and its creditors, as hereinafter provided.
	2. Bond to Protect Creditors Only, When.  If the person to 
whom letters testamentary or of administration is granted is also 
entitled to all of the decedent's estate, after payment of debts, 
the bond shall be in an amount sufficient to protect creditors only, 
notwithstanding the rules applicable generally to bonds of personal 
representatives of estates.
	3. Before Fixing Penalty, Court to Hear Evidence.  In any case 
where a bond is, or shall be, required of a personal representative 
of an estate, the court shall, before fixing the penalty of the 
bond, hear evidence and determine:
	(a)  The amount of cash on hand and where deposited, and the 
amount of cash estimated to be needed for administrative purposes, 
including operation of a business, factory, farm or ranch owned by 
the estate, and expenses of administration for one (1) year;  and
	(b)  The revenue anticipated to be received in the succeeding 
twelve (12) months from dividends, interest, rentals, or use of 
real or personal property belonging to the estate and the aggregate 
amount of any installments or periodical payments to be collected;  
and
	(c)  The estimated value of certificates of stock, bonds, 
notes, or securities of the estate or ward, the name of the 
depository, if any, in which said assets are held for safekeeping, 
the face value of life insurance or other policies payable to the 
person on whose estate administration is sought, or to such estate, 
and such other personal property as is owned by the estate, or by 
one under disability;  and
	(d)  The estimated amount of debts due and owing by the 
estate or ward.      
	4. Penalty of Bond.  The penalty of the bond shall be fixed by 
the judge in an amount equal to the estimated value of all personal 
property belonging to the estate, or to the person under 
disability, together with an additional amount to cover revenue 
anticipated to be derived during the succeeding twelve (12) months 
from interest, dividends, collectible claims, the aggregate amount 
of any installments or periodical payments exclusive of income 
derived or to be derived from federal social security payments, and 
rentals for use of real and personal property;  provided, that the 
penalty of the original bond shall be reduced in proportion to the 
amount of cash or value of securities or other assets authorized or 
required to be deposited or placed in safekeeping by order of court, 
or voluntarily made by the representative or by his sureties as 
hereinafter provided in Subdivisions 6 and 7 hereof.
	5. Agreement as to Deposit of Assets.  It shall be lawful, and 
the court may require such action when deemed in the best interest 
of an estate, for a personal representative to agree with the surety 
or sureties, either corporate or personal, for the deposit of any or 
all cash, and safekeeping of other assets of the estate in a 
financial institution as defined by Section 201.101, Finance Code, 
with its main office or a branch office in this state and qualified 
to act as a depository in this State under the laws of this State or 
of the United States, if such deposit is otherwise proper, in such 
manner as to prevent the withdrawal of such moneys or other assets 
without the written consent of the surety, or an order of the court 
made on such notice to the surety as the court shall direct.  No such 
agreement shall in any manner release from or change the liability 
of the principal or sureties as established by the terms of the 
bond.
	6. Deposits Authorized or Required, When.  Cash or securities 
or other personal assets of an estate or which an estate is entitled 
to receive may, and if deemed by the court in the best interest of 
such estate shall, be deposited or placed in safekeeping as the case 
may be, in one or more of the depositories hereinabove described 
upon such terms as shall be prescribed by the court.  The court in 
which the proceedings are pending, upon its own motion, or upon 
written application of the representative or of any other person 
interested in the estate may authorize or require additional assets 
of the estate then on hand or as they accrue during the pendency of 
the probate proceedings to be deposited or held in safekeeping as 
provided above.  The amount of the bond of the personal 
representative shall be reduced in proportion to the cash so 
deposited, or the value of the securities or other assets placed in 
safekeeping.  Such cash so deposited, or securities or other assets 
held in safekeeping, or portions thereof, may be withdrawn from a 
depository only upon order of the court, and the bond of the 
personal representative shall be increased in proportion to the 
amount of cash or the value of securities or other assets so 
authorized to be withdrawn.
	7. Representative May Deposit Cash or Securities of His Own 
in Lieu of Bond.  It shall be lawful for the personal representative 
of an estate, in lieu of giving surety or sureties on any bond which 
shall be required of him, or for the purpose of reducing the amount 
of such bond, to deposit out of his own assets cash or securities 
acceptable to the court, with a depository such as named above or 
with any other corporate depository approved by the court, if such 
deposit is otherwise proper, said deposit to be equal in amount or 
value to the amount of the bond required, or the bond reduced by the 
value of assets so deposited.
	8. Rules Applicable to Making and Handling Deposits in Lieu 
of Bond or to Reduce Penal Sum of Bond.  (a) A receipt for a deposit 
in lieu of surety or sureties shall be issued by the depository, 
showing the amount of cash or, if securities, the amount and 
description thereof, and agreeing not to disburse or deliver the 
same except upon receipt of a certified copy of an order of the 
court in which the proceedings are pending, and such receipt shall 
be attached to the representative's bond and be delivered to and 
filed by the county clerk after approval by the judge.
	(b)  The amount of cash or securities on deposit may be 
increased or decreased, by order of the court from time to time, as 
the interest of the estate shall require.
	(c)  Deposits in lieu of sureties on bonds, whether of cash 
or securities, may be withdrawn or released only on order of a court 
having jurisdiction.
	(d)  Creditors shall have the same rights against the 
representative and such deposits as are provided for recovery 
against sureties on a bond.
	(e)  The court may on its own motion, or upon written 
application by the representative or by any other person interested 
in the estate, require that adequate bond be given by the 
representative in lieu of such deposit, or authorize withdrawal of 
the deposit and substitution of a bond with sureties therefor.  In 
either case, the representative shall file a sworn statement 
showing the condition of the estate, and unless the same be filed 
within twenty (20) days after being personally served with notice 
of the filing of an application by another, or entry of the court's 
motion, he shall be subject to removal as in other cases.  The 
deposit may not be released or withdrawn until the court has been 
satisfied as to the condition of the estate, has determined the 
amount of bond, and has received and approved the bond.
	9. Withdrawal of Deposits When Estate Closed.  Upon the 
closing of an estate, any such deposit or portion thereof remaining 
on hand, whether of the assets of the representative, or of the 
assets of the estate, or of the surety, shall be released by order 
of court and paid over to the person or persons entitled thereto.  
No writ of attachment or garnishment shall lie against the deposit, 
except as to claims of creditors of the estate being administered, 
or persons interested therein, including distributees and wards, 
and then only in the event distribution has been ordered by the 
court, and to the extent only of such distribution as shall have 
been ordered.
	10. Who May Act as Sureties.  The surety or sureties on said 
bonds may be authorized corporate sureties, or personal sureties.
	11. Procedure When Bond Exceeds Fifty Thousand Dollars 
($50,000).  When any such bond shall exceed Fifty Thousand Dollars 
($50,000) in penal sum, the court may require that such bond be 
signed by two (2) or more authorized corporate sureties, or by one 
such surety and two (2) or more good and sufficient personal 
sureties.  The estate shall pay the cost of a bond with corporate 
sureties.
	12. Qualifications of Personal Sureties.  If the sureties be 
natural persons, there shall not be less than two (2), each of whom 
shall make affidavit in the manner prescribed in this Code, and the 
judge shall be satisfied that he owns property within this State, 
over and above that exempt by law, sufficient to qualify as a surety 
as required by law.  Except as provided by law, only one surety is 
required if the surety is an authorized corporate surety;  
provided, a personal surety, instead of making affidavit, or 
creating a lien on specific real estate when such is required, may, 
in the same manner as a personal representative, deposit his own 
cash or securities, in lieu of pledging real property as security, 
subject, so far as applicable, to the provisions covering such 
deposits when made by personal representatives.
	13. Bonds of Temporary Appointees.  In case of a temporary 
administrator, the bond shall be in such sum as the judge shall 
direct.
	14. Increased or Additional Bonds When Property Sold, Rented, 
Leased for Mineral Development, or Money Borrowed or Invested.  The 
provisions in this Section with respect to deposit of cash and 
safekeeping of securities shall cover, so far as they may be 
applicable, the orders to be entered by the court when real or 
personal property of an estate has been authorized to be sold or 
rented, or money borrowed thereon, or when real property, or an 
interest therein, has been authorized to be leased for mineral 
development or subjected to unitization, the general bond having 
been found insufficient.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1957, 55th Leg., p. 53, ch. 31, § 6(b), eff. Aug. 22, 1957;  
Acts 1971, 62nd Leg., p. 983, ch. 173, § 14, eff. Jan. 1, 1972;  
Acts 1979, 66th Leg., p. 1754, ch. 713, § 25, eff. Aug. 27, 1979;  
Acts 1993, 73rd Leg., ch. 957, § 31, eff. Sept. 1, 1993;  Acts 
1999, 76th Leg., ch. 344, § 6.003, eff. Sept. 1, 1999.


	§ 195. WHEN NO BOND REQUIRED.  (a) By Will.  Whenever any 
will probated in a Texas court directs that no bond or security be 
required of the person or persons named as executors, the court 
finding that such person or persons are qualified, letters 
testamentary shall be issued to the persons so named, without 
requirement of bond.
	(b)  Corporate Fiduciary Exempted From Bond. If a personal 
representative is a corporate fiduciary, as said term is defined in 
this Code, no bond shall be required.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1995, 74th Leg., ch. 1039, § 12, eff. Sept. 1, 1995.


	§ 196. FORM OF BOND.  The following form, or the same in 
substance, may be used for the bonds of personal representatives:
	"The State of Texas                                                            
	"County of ______                                                              
	"Know all men by these presents that we, A. B., as principal, 
and E. F., as sureties, are held and firmly bound unto the county 
(or probate) judge of the County of ______, and his successors in 
office, in the sum of ______ Dollars;  conditioned that the above 
bound A. B., who has been appointed executor of the last will and 
testament of J. C., deceased (or has been appointed by the said 
judge of ______ County, administrator with the will annexed of the 
estate of J. C., deceased, or has been appointed by the said judge 
of ______ County, administrator of the estate of J. C., deceased, or 
has been appointed by the said judge of ______ County, temporary 
administrator of the estate of J. C., deceased, as the case may be), 
shall well and truly perform all of the duties required of him by 
law under said appointment."

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 32, eff. Sept. 1, 1993.


	§ 197. BONDS TO BE FILED.  All bonds required by preceding 
provisions of this Code shall be subscribed by both principals and 
sureties, and, when approved by the court, be filed with the clerk.

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


	§ 198. BONDS OF JOINT REPRESENTATIVES.  When two or more 
persons are appointed representatives of the same estate or person 
and are required by the provisions of this Code or by the court to 
give a bond, the court may require either a separate bond from each 
or one joint bond from all of them.

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


	§ 199. BONDS OF MARRIED PERSONS.  When a married person is 
appointed personal representative, the person may, jointly with, or 
without, his or her spouse, execute such bond as the law requires;  
and such bond shall bind the person's separate estate, but shall 
bind his or her spouse only if signed by the spouse.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1979, 66th Leg., p. 39, ch. 24, § 24, eff. Aug. 27, 1979.


	§ 200. BOND OF MARRIED PERSON UNDER EIGHTEEN YEARS OF 
AGE.  When a person under eighteen years of age who is or has been 
married shall accept and qualify as executor or administrator, any 
bond required to be executed by him shall be as valid and binding 
for all purposes as if he were of lawful age.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1975, 64th Leg., p. 105, ch. 45, § 3, eff. Sept. 1, 1975;  
Acts 1993, 73rd Leg., ch. 957, § 33, eff. Sept. 1, 1993.


	§ 201. (A) AFFIDAVIT OF PERSONAL SURETY;  (B) LIEN ON 
SPECIFIC PROPERTY, WHEN REQUIRED;  (C) SUBORDINATION OF LIEN 
AUTHORIZED.  (a) Affidavit of Personal Surety. Before the judge may 
consider a bond with personal sureties, each person offered as 
surety shall execute an affidavit stating the amount of his assets, 
reachable by creditors, of a value over and above his liabilities, 
the total of the worth of such sureties to be equal to at least 
double the amount of the bond, and such affidavit shall be presented 
to the judge for his consideration and, if approved, shall be 
attached to and form part of the bond.
	(b)  Lien on Specific Property, When Required. If the judge 
finds that the estimated value of personal property of the estate 
which cannot be deposited or held in safekeeping as hereinabove 
provided is such that personal sureties cannot be accepted without 
the creation of a specific lien on real property of such sureties, 
he shall enter an order requiring that each surety designate real 
property owned by him within this State subject to execution, of a 
value over and above all liens and unpaid taxes, equal at least to 
the amount of the bond, giving an adequate legal description of such 
property, all of which shall be incorporated in an affidavit by the 
surety, approved by the judge, and be attached to and form part of 
the bond.  If compliance with such order is not had, the judge may in 
his discretion require that the bond be signed by an authorized 
corporate surety, or by such corporate surety and two (2) or more 
personal sureties.
	(c)  Subordination of Lien Authorized. If a personal surety 
who has been required to create a lien on specific real estate 
desires to lease such property for mineral development, he may file 
his written application in the court in which the proceedings are 
pending, requesting subordination of such lien to the proposed 
lease, and the judge of such court may, in his discretion, enter an 
order granting such application.  A certified copy of such order, 
filed and recorded in the deed records of the proper county, shall 
be sufficient to subordinate such lien to the rights of a lessee, in 
the proposed lease.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1957, 55th Leg., p. 53, ch. 31, § 6(c).


	§ 202. BOND AS LIEN ON REAL PROPERTY OF SURETY.  When a 
personal surety has been required by the court to create a lien on 
specific real property as a condition of his acceptance as surety on 
a bond, a lien on the real property of the surety in this State which 
is described in the affidavit of the surety, and only upon such 
property, shall arise as security for the performance of the 
obligation of the bond.  The clerk of the court shall, before 
letters are issued to the representative, cause to be mailed to the 
office of the county clerk of each county in which is located any 
real property as set forth in the affidavit of the surety, a 
statement signed by the clerk, giving a sufficient description of 
such real property, the name of the principal and sureties, the 
amount of the bond, and the name of the estate and the court in which 
the bond is given.  The county clerk to whom such statement is sent 
shall record the same in the deed records of the county.  All such 
recorded statements shall be duly indexed in such manner that the 
existence and character of the liens may conveniently be 
determined, and such recording and indexing of such statement shall 
constitute and be constructive notice to all persons of the 
existence of such lien on such real property situated in such 
county, effective as of date of such indexing.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1957, 55th Leg., p. 53, ch. 31, § 6(d).


	§ 203. WHEN NEW BOND MAY BE REQUIRED.  A personal 
representative may be required to give a new bond in the following 
cases:
	(a)  When the sureties upon the bond, or any one of them, 
shall die, remove beyond the limits of the state, or become 
insolvent;  or
	(b)  When, in the opinion of the court, the sureties upon any 
such bond are insufficient;  or
	(c)  When, in the opinion of the court, any such bond is 
defective;  or      
	(d)  When the amount of any such bond is insufficient;  or                     
	(e)  When the sureties, or any one of them, petitions the 
court to be discharged from future liability upon such bond;  or
	(f)  When the bond and the record thereof have been lost or 
destroyed.       

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


	§ 204. DEMAND FOR NEW BOND BY INTERESTED PERSON.  Any 
person interested in an estate may, upon application in writing 
filed with the county clerk of the county where the probate 
proceedings are pending, alleging that the bond of the personal 
representative is insufficient or defective, or has been, together 
with the record thereof, lost or destroyed, cause such 
representative to be cited to appear and show cause why he should 
not give a new bond.

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


	§ 205. JUDGE TO REQUIRE NEW BOND.  When it shall be known 
to him that any such bond is in any respect insufficient or that it 
has, together with the record thereof, been lost or destroyed, the 
judge shall without delay cause the representative to be cited to 
show cause why he should not give a new bond.

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


	§ 206. ORDER REQUIRING NEW BOND.  Upon the return of a 
citation ordering a personal representative to show cause why he 
should not give a new bond, the judge shall, on the day named 
therein for the hearing of the matter, proceed to inquire into the 
sufficiency of the reasons for requiring a new bond;  and, if 
satisfied that a new bond should be required, he shall enter an 
order to that effect, stating in such order the amount of such new 
bond, and the time within which it shall be given, which shall not 
be later than twenty days from the date of such order.

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


	§ 207. ORDER SUSPENDS POWERS OF PERSONAL 
REPRESENTATIVE.  When a personal representative is required to 
give a new bond, the order requiring such bond shall have the effect 
to suspend his powers, and he shall not thereafter pay out any money 
of said estate or do any other official act, except to preserve the 
property of the estate, until such new bond has been given and 
approved.

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


	§ 208. DECREASE IN AMOUNT OF BOND.  A personal 
representative required to give bond may at any time file with the 
clerk a written application to the court to have his bond reduced.  
Forthwith the clerk shall issue and cause to be posted notice to all 
persons interested and to the surety or sureties on the bond, 
apprising them of the fact and nature of the application and of the 
time when the judge will hear the application.  The judge, in his 
discretion, upon the submission of proof that a smaller bond than 
the one in effect will be adequate to meet the requirements of the 
law and protect the estate, and upon the approval of an accounting 
filed at the time of the application, may permit the filing of a new 
bond in a reduced amount.

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


	§ 209. DISCHARGE OF SURETIES UPON EXECUTION OF NEW 
BOND.  When a new bond has been given and approved, an order shall 
be entered discharging the sureties upon the former bond from all 
liability for the future acts of the principal.

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


	§ 210. RELEASE OF SURETIES BEFORE ESTATE FULLY 
ADMINISTERED.  The sureties upon the bond of a personal 
representative, or any one of them, may at any time file with the 
clerk a petition to the court in which the proceedings are pending, 
praying that such representative be required to give a new bond and 
that petitioners be discharged from all liability for the future 
acts of such representative;  whereupon, such representative shall 
be cited to appear and give a new bond.

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


	§ 211. RELEASE OF LIEN BEFORE ESTATE FULLY 
ADMINISTERED.  If a personal surety who has given a lien on 
specific real property as security applies to the court to have the 
lien released, the court shall order the release requested, if the 
court is satisfied that the bond is sufficient without the lien on 
such property, or if sufficient other real or personal property of 
the surety is substituted on the same terms and conditions required 
for the lien which is to be released.  If such personal surety who 
requests the release of the lien does not offer a lien on other real 
or personal property, and if the court is not satisfied of the 
sufficiency of the bond without the substitution of other property, 
the court shall order the personal representative to appear and 
give a new bond.

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


	§ 212. RELEASE OF RECORDED LIEN ON SURETY'S PROPERTY.  A 
certified copy of the court's order describing the property, and 
releasing the lien, filed with the county clerk of the county where 
the property is located, and recorded in the deed records, shall 
have the effect of cancelling the lien on such property.

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


	§ 213. REVOCATION OF LETTERS FOR FAILURE TO GIVE BOND.  If 
at any time a personal representative fails to give bond as required 
by the court, within the time fixed by this Code, another person may 
be appointed in his stead.

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


	§ 214. EXECUTOR WITHOUT BOND REQUIRED TO GIVE 
BOND.  Where no bond is required of an executor appointed by will, 
any person having a debt, claim, or demand against the estate, to 
the justice of which oath has been made by himself, his agent, or 
attorney, or any other person interested in such estate, whether in 
person or as the representative of another, may file a complaint in 
writing in the court where such will is probated, and the court 
shall thereupon cite such executor to appear and show cause why he 
should not be required to give bond.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 34, eff. Sept. 1, 1993.


	§ 215. ORDER REQUIRING BOND.  Upon hearing such 
complaint, if it appears to the court that such executor is wasting, 
mismanaging, or misapplying such estate, and that thereby a 
creditor may probably lose his debt, or that thereby some person's 
interest in the estate may be diminished or lost, the court shall 
enter an order requiring such executor to give bond within ten days 
from the date of such order.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 34, eff. Sept. 1, 1993.


	§ 216. BOND IN SUCH CASE.  Such bond shall be for an 
amount sufficient to protect the estate and its creditors, to be 
approved by, and payable to, the judge, conditioned that said 
executor will well and truly administer such estate, and that he 
will not waste, mismanage, or misapply the same.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 34, eff. Sept. 1, 1993.


	§ 217. FAILURE TO GIVE BOND.  Should the executor fail to 
give such bond within ten days after the order requiring him to do 
so, then if the judge does not extend the time, he shall, without 
citation, remove such executor and appoint some competent person in 
his stead who shall administer the estate according to the 
provisions of such will or the law, and who, before he enters upon 
the administration of said estate, shall take the oath required of 
an administrator with the will annexed, and shall give bond in the 
same manner and in the same amount provided in this Code for the 
issuance of original letters of administration.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 34, eff. Sept. 1, 1993.


	§ 218. BONDS NOT VOID UPON FIRST RECOVERY.  The bonds of 
personal representative shall not become void upon the first 
recovery, but may be put in suit and prosecuted from time to time 
until the whole amount thereof shall have been recovered.

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

PART 3. REVOCATION OF LETTERS, DEATH, RESIGNATION, AND REMOVAL


	§ 220. APPOINTMENT OF SUCCESSOR REPRESENTATIVE.  (a) 
Because of Death, Resignation or Removal. When a person duly 
appointed a personal representative fails to qualify, or, after 
qualifying, dies, resigns, or is removed, the court may, upon 
application appoint a successor if there be necessity therefor, and 
such appointment may be made prior to the filing of, or action upon, 
a final accounting.  In case of death, the legal representatives of 
the deceased person shall account for, pay, and deliver to the 
person or persons legally entitled to receive the same, all the 
property of every kind belonging to the estate entrusted to his 
care, at such time and in such manner as the court shall order.  Upon 
the finding that a necessity for the immediate appointment of a 
successor representative exists, the court may appoint such 
successor without citation or notice.
	(b)  Because of Existence of Prior Right. Where letters have 
been granted to one, and another whose right thereto is prior and 
who has not waived such right and is qualified, applies for letters, 
the letters previously granted shall be revoked and other letters 
shall be granted to the applicant.
	(c)  When Named Executor Becomes an Adult.  If one named in a 
will as executor is not an adult when the will is probated and 
letters in any capacity have been granted to another, such 
nominated executor, upon proof that he has become an adult and is 
not otherwise disqualified, shall be entitled to have such former 
letters revoked and appropriate letters granted to him.  And if the 
will names two or more persons as executor, any one or more of whom 
are minors when such will is probated, and letters have been issued 
to such only as are adults, said minor or minors, upon becoming 
adults, if not otherwise disqualified, shall be permitted to 
qualify and receive letters.
	(d)  Upon Return of Sick or Absent Executor.  If one named in 
a will as executor was sick or absent from the State when the 
testator died, or when the will was proved, and therefore could not 
present the will for probate within thirty days after the 
testator's death, or accept and qualify as executor within twenty 
days after the probate of the will, he may accept and qualify as 
executor within sixty days after his return or recovery from 
sickness, upon proof to the court that he was absent or ill;  and, if 
the letters have been issued to others, they shall be revoked.
	(e)  When Will Is Discovered After Administration Granted. 
If it is discovered after letters of administration have been 
issued that the deceased left a lawful will, the letters shall be 
revoked and proper letters issued to the person or persons entitled 
thereto.
	(f)  When Application and Service Necessary. Except when 
otherwise expressly provided in this Code, letters shall not be 
revoked and other letters granted except upon application, and 
after personal service of citation on the person, if living, whose 
letters are sought to be revoked, that he appear and show cause why 
such application should not be granted.
	(g)  Payment or Tender of Money Due During Vacancy.  Money or 
other thing of value falling due to an estate while the office of 
the personal representative is vacant may be paid, delivered, or 
tendered to the clerk of the court for credit of the estate, and the 
debtor, obligor, or payor shall thereby be discharged of the 
obligation for all purposes to the extent and purpose of such 
payment or tender.  If the clerk accepts such payment or tender, he 
shall issue a proper receipt therefor.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1969, 61st Leg., p. 1922, ch. 641, § 11, eff. June 12, 1969;  
Acts 1993, 73rd Leg., ch. 957, § 35, eff. Sept. 1, 1993.


	§ 221. RESIGNATION.  (a) Application to Resign. A 
personal representative who wishes to resign his trust shall file 
with the clerk his written application to the court to that effect, 
accompanied by a full and complete exhibit and final account, duly 
verified, showing the true condition of the estate entrusted to his 
care.
	(b)  Successor Representatives. If the necessity exists, the 
court may immediately accept a resignation and appoint a successor, 
but shall not discharge the person resigning, or release him or the 
sureties on his bond until final order or judgment shall have been 
rendered on his final account.
	(c)  Citation. Upon the filing of an application to resign, 
supported by exhibit and final account, the clerk shall call the 
application to the attention of the judge, who shall set a date for 
a hearing upon the matter.  The clerk shall then issue a citation to 
all interested persons, showing that proper application has been 
filed, and the time and place set for hearing, at which time said 
persons may appear and contest the exhibit and account.  The 
citation shall be posted, unless the court directs that it be 
published.
	(d)  Hearing.  At the time set for hearing, unless it has been 
continued by the court, if the court finds that citation has been 
duly issued and served, he shall proceed to examine such exhibit and 
account, and hear all evidence for and against the same, and shall, 
if necessary, restate, and audit and settle the same.  If the court 
is satisfied that the matters entrusted to the applicant have been 
handled and accounted for in accordance with law, he shall enter an 
order of approval, and require that the estate remaining in the 
possession of the applicant, if any, be delivered to the person or 
persons entitled by law to receive it.
	(e)  Requisites of Discharge. No resigning personal 
representative shall be discharged until the application has been 
heard, the exhibit and account examined, settled, and approved, and 
until he has satisfied the court that he has delivered the estate, 
if there be any remaining in his possession, or has complied with 
all lawful orders of the court with relation to his trust.
	(f)  Final Discharge. When the resigning applicant has 
complied in all respects with the orders of the court, an order 
shall be made accepting the resignation, discharging the applicant, 
and, if he is under bond, his sureties.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 36, eff. Sept. 1, 1993.


	§ 221A. CHANGE OF RESIDENT AGENT.  (a) A personal 
representative may change its resident agent to accept service of 
process in a probate proceeding or other action relating to the 
estate by filing a statement of the change titled "Designation of 
Successor Resident Agent" with the court in which the probate 
proceeding is pending.  The statement must contain the names and 
addresses of the:
	(1)  personal representative;                                                  
	(2)  resident agent;  and                                                      
	(3)  successor resident agent.                                                 
	(b)  The designation of a successor resident agent made in a 
statement filed under this section takes effect on the date on which 
the statement is filed with the court.

Added by Acts 1999, 76th Leg., ch. 855, § 7, eff. Sept. 1, 1999.           


	§ 221B. RESIGNATION OF RESIDENT AGENT.  (a) A resident 
agent of a personal representative may resign as the resident agent 
by giving notice to the personal representative and filing with the 
court in which the probate proceeding is pending a statement titled 
"Resignation of Resident Agent" that:
	(1)  contains the name of the personal representative;                         
	(2)  contains the address of the personal representative 
most recently known by the resident agent;
	(3)  states that notice of the resignation has been given to 
the personal representative and that the personal representative 
has not designated a successor resident agent;  and
	(4)  contains the date on which the notice of the resignation 
was given to the personal representative.
	(b)  The resident agent shall send, by certified mail, return 
receipt requested, a copy of a resignation statement filed under 
Subsection (a) of this section to:
	(1)  the personal representative at the address most 
recently known by the agent;  and
	(2)  each party in the case or the party's attorney or other 
designated representative of record.
	(c)  The resignation of a resident agent takes effect on the 
date on which the court enters an order accepting the agent's 
resignation.  A court may not enter an order accepting the agent's 
resignation unless the agent complies with the requirements of this 
section.

Added by Acts 1999, 76th Leg., ch. 855, § 7, eff. Sept. 1, 1999.           


	§ 222. REMOVAL.  (a) Without Notice.  (1) The court, on 
its own motion or on motion of any interested person, and without 
notice, may remove any personal representative, appointed under 
provisions of this Code, who:
	(A)  Neglects to qualify in the manner and time required by 
law;             
	(B)  Fails to return within ninety days after qualification, 
unless such time is extended by order of the court, an inventory of 
the property of the estate and list of claims that have come to his 
knowledge;
	(C)  Having been required to give a new bond, fails to do so 
within the time prescribed;
	(D)  Absents himself from the State for a period of three 
months at one time without permission of the court, or removes from 
the State;
	(E)  Cannot be served with notices or other processes because 
of the fact that the:
	(i)  personal representative's whereabouts are unknown;                        
	(ii)  personal representative is eluding service;  or                          
	(iii)  personal representative is a nonresident of this 
state who does not have a resident agent to accept service of 
process in any probate proceeding or other action relating to the 
estate;  or
	(F)  Has misapplied, embezzled, or removed from the State, or 
is about to misapply, embezzle, or remove from the State, all or any 
part of the property committed to the personal representative's 
care.
	(2)  The court may remove a personal representative under 
Paragraph (F), Subdivision (1), of this subsection only on the 
presentation of clear and convincing evidence given under oath.
	(b)  With Notice.  The court may remove a personal 
representative on its own motion, or on the complaint of any 
interested person, after the personal representative has been cited 
by personal service to answer at a time and place fixed in the 
notice, when:
	(1)  Sufficient grounds appear to support belief that he has 
misapplied, embezzled, or removed from the state, or that he is 
about to misapply, embezzle, or remove from the state, all or any 
part of the property committed to his care;
	(2)  He fails to return any account which is required by law 
to be made;     
	(3)  He fails to obey any proper order of the court having 
jurisdiction with respect to the performance of his duties;
	(4)  He is proved to have been guilty of gross misconduct, or 
mismanagement in the performance of his duties;
	(5)  He becomes an incapacitated person, or is sentenced to 
the penitentiary, or from any other cause becomes incapable of 
properly performing the duties of his trust;
	(6)  As executor or administrator, he fails to make a final 
settlement within three years after the grant of letters, unless 
the time be extended by the court upon a showing of sufficient cause 
supported by oath;  or
	(7)  As executor or administrator, he fails to timely file 
the notice required by Section 128A of this code.
	(c)  Order of Removal.  The order of removal shall state the 
cause thereof.  It shall require that any letters issued to the one 
removed shall, if he has been personally served with citation, be 
surrendered, and that all such letters be cancelled of record, 
whether delivered or not.  It shall further require, as to all the 
estate remaining in the hands of a removed person, delivery thereof 
to the person or persons entitled thereto, or to one who has been 
appointed and has qualified as successor representative.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1969, 61st Leg., p. 1922, ch. 641, § 11, eff. June 12, 1969;  
Acts 1989, 71st Leg., ch. 1035, § 11, eff. Sept. 1, 1989;  Acts 
1993, 73rd Leg., ch. 905, § 11, eff. Sept. 1, 1993;  Acts 1993, 
73rd Leg., ch. 957, § 37, eff. Sept. 1, 1993;  Acts 1995, 74th 
Leg., ch. 1039, § 13, eff. Sept. 1, 1995;  Acts 1999, 76th Leg., 
ch. 855, § 8, eff. Sept. 1, 1999.


	§ 222A. REINSTATEMENT AFTER REMOVAL.  (a) Not later than 
the 10th day after the date the court signs the order of removal, a 
personal representative who is removed under Subsection (a)(1)(F) 
or (G), Section 222, of this code may file an application with the 
court for a hearing to determine whether the personal 
representative should be reinstated.
	(b)  On the filing of an application for a hearing under this 
section, the court clerk shall issue a notice stating that the 
application for reinstatement was filed, the name of the decedent, 
and the name of the applicant.  The clerk shall issue the notice to 
the applicant and to the successor representative of the decedent's 
estate. The notice must cite all persons interested in the estate to 
appear at the time and place stated in the notice if they wish to 
contest the application.
	(c)  If, at the conclusion of a hearing under this section, 
the court is satisfied by a preponderance of the evidence that the 
applicant did not engage in the conduct that directly led to the 
applicant's removal, the court shall set aside an order appointing 
a successor representative, if any, and shall enter an order 
reinstating the applicant as personal representative of the ward or 
estate.
	(d)  If the court sets aside the appointment of a successor 
representative under this section, the court may require the 
successor representative to prepare and file, under oath, an 
accounting of the estate and to detail the disposition the 
successor has made of the property of the estate.

Added by Acts 1993, 73rd Leg., ch. 905, § 12, eff. Sept. 1, 1993.          

Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1060, § 12, eff. 
Sept. 1, 2003.

PART 4. SUBSEQUENT PERSONAL REPRESENTATIVES


	§ 223. FURTHER ADMINISTRATION WITH OR WITHOUT WILL 
ANNEXED.  Whenever any estate is unrepresented by reason of the 
death, removal, or resignation of the personal representative of 
such estate, the court shall grant further administration of the 
estate when necessary, and with the will annexed where there is a 
will, upon application therefor by a qualified person interested in 
the estate.  Such appointments shall be made on notice and after 
hearing, as in case of original appointments, except that when the 
court finds that there is a necessity for the immediate appointment 
of a successor representative, such successor may be appointed upon 
application but without citation or notice.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1969, 61st Leg., p. 1922, ch. 641, § 11, eff. June 12, 1969.


	§ 224. SUCCESSORS SUCCEED TO PRIOR RIGHTS, POWERS, AND 
DUTIES.  When a representative of the estate not administered 
succeeds another, he shall be clothed with all rights, powers, and 
duties of his predecessor, except such rights and powers conferred 
on the predecessor by will which are different from those conferred 
by this Code on personal representatives generally.  Subject to 
this exception, the successor shall proceed to administer such 
estate in like manner as if his administration were a continuation 
of the former one.  He shall be required to account for all the 
estate which came into the hands of his predecessor and shall be 
entitled to any order or remedy which the court has power to give in 
order to enforce the delivery of the estate and the liability of the 
sureties of his predecessor for so much as is not delivered.  He 
shall be excused from accounting for such of the estate as he has 
failed to recover after due diligence.

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


	§ 225. ADDITIONAL POWERS OF SUCCESSOR APPOINTEE.  In 
addition, such appointee may make himself, and may be made, a party 
to suits prosecuted by or against his predecessors.  He may settle 
with the predecessor, and receive and receipt for all such portion 
of the estate as remains in his hands.  He may bring suit on the bond 
or bonds of the predecessor in his own name and capacity, for all 
the estate that came into the hands of the predecessor and has not 
been accounted for by him.

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


	§ 226. SUBSEQUENT EXECUTORS ALSO SUCCEED TO PRIOR RIGHTS 
AND DUTIES.  Whenever an executor shall accept and qualify after 
letters of administration shall have been granted upon the estate, 
such executor shall, in like manner, succeed to the previous 
administrator, and he shall administer the estate in like manner as 
if his administration were a continuation of the former one, 
subject, however, to any legal directions of the testator contained 
in the will in relation to the estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 38, eff. Sept. 1, 1993.


	§ 227. SUCCESSORS RETURN OF INVENTORY, APPRAISEMENT, AND 
LIST OF CLAIMS.  An appointee who has been qualified to succeed to a 
prior personal representative shall make and return to the court an 
inventory, appraisement, and list of claims of the estate, within 
ninety days after being qualified, in like manner as is required of 
original appointees;  and he shall also in like manner return 
additional inventories, appraisements, and lists of claims.  In all 
orders appointing successor representatives of estates, the court 
shall appoint appraisers as in original appointments upon the 
application of any person interested in the estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1969, 61st Leg., p. 1922, ch. 641, § 11, eff. June 12, 1969.

PART 5. GENERAL POWERS OF PERSONAL REPRESENTATIVES


	§ 230. CARE OF PROPERTY OF ESTATES.  The executor or 
administrator shall take care of the property of the estate of his 
testator or intestate as a prudent man would take of his own 
property, and if there be any buildings belonging to the estate, he 
shall keep the same in good repair, extraordinary casualties 
excepted, unless directed not to do so by an order of the court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1975, 64th Leg., p. 268, ch. 114, § 1, eff. April 30, 1975;  
Acts 1993, 73rd Leg., ch. 957, § 39, eff. Sept. 1, 1993.


	§ 232. REPRESENTATIVE OF ESTATE SHALL TAKE POSSESSION OF 
PERSONAL PROPERTY AND RECORDS.  The personal representative of an 
estate, immediately after receiving letters, shall collect and take 
into possession the personal property, record books, title papers, 
and other business papers of the estate, and all such in his 
possession shall be delivered to the person or persons legally 
entitled thereto when the administration has been closed or a 
successor has received letters.

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


	§ 233. COLLECTION OF CLAIMS AND RECOVERY OF 
PROPERTY.  (a) Every personal representative of an estate shall use 
ordinary diligence to collect all claims and debts due the estate 
and to recover possession of all property of the estate to which its 
owners have claim or title, provided there is a reasonable prospect 
of collecting such claims or of recovering such property.  If he 
wilfully neglects to use such diligence, he and the sureties on his 
bond shall be liable, at the suit of any person interested in the 
estate, for the use of the estate, for the amount of such claims or 
the value of such property as has been lost by such neglect.
	(b)  Except as provided by Subsection (c) of this section, a 
personal representative may enter into a contract to convey, or may 
convey, a contingent interest in any property sought to be 
recovered, not exceeding one-third thereof, for services of 
attorneys, subject only to approval of the court in which the estate 
is being administered.
	(c)  A personal representative, including an independent 
executor or independent administrator, may convey or contract to 
convey for services of an attorney a contingent interest that 
exceeds one-third of the property sought to be recovered under this 
section only on the approval of the court in which the estate is 
being administered.  The court must approve a contract entered into 
or conveyance made under this section before an attorney performs 
any legal services.  A contract entered into or conveyance made in 
violation of this section is void, unless the court ratifies or 
reforms the contract or documents relating to the conveyance to the 
extent necessary to cause the contract or conveyance to meet the 
requirements of this section.
	(d)  In approving a contract or conveyance under Subsection 
(b) or (c) of this section for services of an attorney, the court 
shall consider:
	(1)  the time and labor that will be required, the novelty 
and difficulty of the questions to be involved, and the skill that 
will be required to perform the legal services properly;
	(2)  the fee customarily charged in the locality for similar 
legal services; 
	(3)  the value of property recovered or sought to be 
recovered by the personal representative under this section;
	(4)  the benefits to the estate that the attorney will be 
responsible for securing;  and
	(5)  the experience and ability of the attorney who will be 
performing the services.
	(e)  On satisfactory proof to the court, a personal 
representative of an estate is entitled to all necessary and 
reasonable expenses incurred by the personal representative in 
collecting or attempting to collect a claim or debt owed to the 
estate or in recovering or attempting to recover property to which 
the estate has a title or claim.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 848, § 1, eff. Sept. 1, 1993.


	§ 233A. SUITS BY EXECUTORS OR ADMINISTRATORS.  Suits for 
the recovery of personal property, debts, or damages and suits for 
title or possession of lands or for any right attached to or growing 
out of the same or for injury or damage done thereto may be 
instituted by executors or administrators appointed in this state;  
and judgment in such cases shall be conclusive, but may be set aside 
by any person interested for fraud or collusion on the part of such 
executor or administrator.

Added by Acts 1985, 69th Leg., ch. 959, § 3, eff. Sept. 1, 1985.  
Amended by Acts 1993, 73rd Leg., ch. 957, § 40, eff. Sept. 1, 
1993.


	§ 234. EXERCISE OF POWERS WITH AND WITHOUT COURT 
ORDER.  (a) Powers To Be Exercised Under Order of the Court.  The 
personal representative of the estate of any person may, upon 
application and order authorizing same, renew or extend any 
obligation owing by or to such estate.  When a personal 
representative deems it for the interest of the estate, he may, upon 
written application to the court, and by order granting authority:
	(1)  Purchase or exchange property;                                            
	(2)  Take claims or property for the use and benefit of the 
estate in payment of any debt due or owing to the estate;
	(3)  Compound bad or doubtful debts due or owing to the 
estate;              
	(4)  Make compromises or settlements in relation to property 
or claims in dispute or litigation;
	(5)  Compromise or pay in full any secured claim which has 
been allowed and approved as required by law against the estate by 
conveying to the holder of such claim the real estate or personalty 
securing the same, in full payment, liquidation, and satisfaction 
thereof, and in consideration of cancellation of notes, deeds of 
trust, mortgages, chattel mortgages, or other evidences of liens 
securing the payment of such claim;
	(6)  Abandon the administration of property of the estate 
that is burdensome or worthless.  Abandoned real or personal 
property may be foreclosed by a secured party, trustee, or 
mortgagee without further order of the court.
	(b)  Powers To Be Exercised Without Court Order. The personal 
representative of the estate of any person may, without application 
to or order of the court, exercise the powers listed below, 
provided, however, that a personal representative under court 
control may apply and obtain an order if doubtful of the propriety 
of the exercise of any such powers:
	(1)  Release liens upon payment at maturity of the debt 
secured thereby;     
	(2)  Vote stocks by limited or general proxy;                                  
	(3)  Pay calls and assessments;                                                
	(4)  Insure the estate against liability in appropriate 
cases;               
	(5)  Insure property of the estate against fire, theft, and 
other hazards;   
	(6)  Pay taxes, court costs, bond premiums.                                    

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1971, 62nd Leg., p. 984, ch. 173, § 15, eff. Jan. 1, 1972;  
Acts 1997, 75th Leg., ch. 1302, § 9, eff. Sept. 1, 1997.


	§ 235. POSSESSION OF PROPERTY HELD IN COMMON 
OWNERSHIP.  If the estate holds or owns any property in common, or 
as part owner with another, the representative of the estate shall 
be entitled to possession thereof in common with the other part 
owner or owners in the same manner as other owners in common or 
joint owners would be entitled.

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


	§ 238. OPERATION OF FARM, RANCH, FACTORY, OR OTHER 
BUSINESS.  If the estate owns a farm, ranch, factory, or other 
business, the disposition of which has not been specifically 
directed by will, and if the same be not required to be sold at once 
for the payment of debts or other lawful purposes, the 
representative, upon order of the court, shall carry on the 
operation of such farm, ranch, factory, or other business, or cause 
the same to be done, or rent the same, as shall appear to be for the 
best interest of the estate.  In deciding, the court shall consider 
the condition of the estate, and the necessity that may exist for 
future sale of such property or business for the payment of debts, 
claims, or other lawful expenditures, and shall not extend the time 
of renting any of the property beyond what appears consistent with 
the speedy settlement of the estate of a deceased person or the 
settlement of his estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 41, eff. Sept. 1, 1993.


	§ 238A. ADMINISTRATION OF PARTNERSHIP INTEREST BY 
PERSONAL REPRESENTATIVE.  If the decedent was a partner in a 
general partnership and the articles of partnership provide that, 
on the death of a partner, his or her executor or other personal 
representative shall be entitled to the place of the deceased 
partner in the firm, the executor or other personal representative 
so contracting to come into the partnership shall, to the extent 
allowed by law, be liable to third persons only to the extent of the 
deceased partner's capital in the partnership and the estate's 
assets held by the executor or other personal representative.  This 
section does not exonerate an executor or other personal 
representative from liability for his or her negligence.

Added by Acts 1979, 66th Leg., p. 71, ch. 46, § 1, eff. April 11, 
1979.  


	§ 239. PAYMENT OR CREDIT OF INCOME.  In all cases where 
the estate of a deceased person is being administered under the 
direction, control, and orders of a court in the exercise of its 
probate jurisdiction, upon the application of the executor or 
administrator of said estate, or of any interested party, after 
notice thereof has been given by posting, if it appears from 
evidence introduced at the hearing upon said application, and the 
court finds, that the reasonable market value of the assets of the 
estate then on hand, exclusive of the annual income therefrom, is at 
least twice the aggregate amount of all unpaid debts, 
administration expenses, and legacies, and that no creditor or 
legatee of the estate has then appeared and objected, the court may 
order and direct the executor or administrator to pay to, or credit 
to the account of, those persons who the court finds will own the 
assets of the estate when the administration thereon is completed, 
and in the same proportions, such part of the annual net income 
received by or accruing to said estate, as the court believes and 
finds can conveniently be paid to such owners without prejudice to 
the rights of creditors, legatees, or other interested parties.  
Nothing herein contained shall authorize the court to order paid 
over to such owners of the estate any part of the corpus or 
principal of the estate, except as otherwise provided by sections 
of this Code;  provided, however, in this connection, bonuses, 
rentals, and royalties received for, or from, an oil, gas, or other 
mineral lease shall be treated and regarded as income, and not as 
corpus or principal.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1973, 63rd Leg., p. 407, ch. 182, § 1, eff. May 25, 1973.


	§ 240. JOINT EXECUTORS OR ADMINISTRATORS.  Should there 
be more than one executor or administrator of the same estate at the 
same time, the acts of one of them as such executor or administrator 
shall be as valid as if all had acted jointly;  and, in case of the 
death, resignation or removal of an executor or administrator, if 
there be a co-executor or co-administrator of such estate, he shall 
proceed with the administration as if no such death, resignation or 
removal had occurred.  Provided, however, that this Section shall 
not be construed to authorize one of several executors or 
administrators to convey real estate, but in such case all the 
executors or administrators who have qualified as such and are 
acting as such shall join in the conveyance, unless the court, after 
due hearing, authorizes less than all to act.

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

PART 6. COMPENSATION, EXPENSES, AND COURT COSTS


	§ 241. COMPENSATION OF PERSONAL REPRESENTATIVES.  (a) 
Executors, administrators, and temporary administrators shall be 
entitled to receive a commission of five per cent (5%) on all sums 
they may actually receive in cash, and the same per cent on all sums 
they may actually pay out in cash, in the administration of the 
estate on a finding by the court that the executor or administrator 
has taken care of and managed the estate in compliance with the 
standards of this code;  provided, no commission shall be allowed 
for receiving funds belonging to the testator or intestate which 
were on hand or were held for the testator or intestate at the time 
of his death in a financial institution or a brokerage firm, 
including cash or a cash equivalent held in a checking account, 
savings account, certificate of deposit, or money market account;  
nor for collecting the proceeds of any life insurance policy;  nor 
for paying out cash to the heirs or legatees as such;  provided, 
further, however, that in no event shall the executor or 
administrator be entitled in the aggregate to more than five per 
cent (5%) of the gross fair market value of the estate subject to 
administration.  If the executor or administrator manages a farm, 
ranch, factory, or other business of the estate, or if the 
compensation as calculated above is unreasonably low, the court may 
allow him reasonable compensation for his services, including 
unusual effort to collect funds or life insurance.  For this 
purpose, the county court shall have jurisdiction to receive, 
consider, and act on applications from independent executors.  The 
court may, on application of an interested person or on its own 
motion, deny a commission allowed by this subsection in whole or in 
part if:
	(1)  the court finds that the executor or administrator has 
not taken care of and managed estate property prudently;  or
	(2)  the executor or administrator has been removed under 
Section 149C or 222 of this code.
	(b)  Definition.  In this section, "financial institution" 
means an organization authorized to do business under state or 
federal laws relating to financial institutions, including banks 
and trust companies, savings banks, building and loan associations, 
savings and loan companies or associations, and credit unions.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1957, 55th Leg., p. 53, ch. 31, § 8;  Acts 1987, 70th Leg., 
ch. 919, § 1, eff. Sept. 1, 1987;  Acts 1991, 72nd Leg., ch. 468, 
§ 1, 2, eff. Sept. 1, 1991;  Acts 1993, 73rd Leg., ch. 957, § 
42, eff. Sept. 1, 1993.


	§ 242. EXPENSES ALLOWED.  Personal representatives of 
estates shall also be entitled to all necessary and reasonable 
expenses incurred by them in the preservation, safekeeping, and 
management of the estate, and in collecting or attempting to 
collect claims or debts, and in recovering or attempting to recover 
property to which the estate has a title or claim, and all 
reasonable attorney's fees, necessarily incurred in connection 
with the proceedings and management of such estate, on satisfactory 
proof to the court.

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


	§ 243. ALLOWANCE FOR DEFENDING WILL.  When any person 
designated as executor in a will or an alleged will, or as 
administrator with the will or alleged will annexed, defends it or 
prosecutes any proceeding in good faith, and with just cause, for 
the purpose of having the will or alleged will admitted to probate, 
whether successful or not, he shall be allowed out of the estate his 
necessary expenses and disbursements, including reasonable 
attorney's fees, in such proceedings.  When any person designated 
as a devisee, legatee, or beneficiary in a will or an alleged will, 
or as administrator with the will or alleged will annexed, defends 
it or prosecutes any proceeding in good faith, and with just cause, 
for the purpose of having the will or alleged will admitted to 
probate, whether successful or not, he may be allowed out of the 
estate his necessary expenses and disbursements, including 
reasonable attorney's fees, in such proceedings.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1983, 68th Leg., p. 5227, ch. 957, § 1, eff. Sept. 1, 1983;  
Acts 1987, 70th Leg., ch. 462, § 1, eff. Sept. 1, 1987.


	§ 244. EXPENSE ACCOUNTS.  All expense charges shall be 
made in writing, showing specifically each item of expense and the 
date thereof, and shall be verified by affidavit of the 
representative, filed with the clerk and entered on the claim 
docket, and shall be acted on by the court in like manner as other 
claims against the estate.

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


	§ 245. WHEN COSTS ARE ADJUDGED AGAINST 
REPRESENTATIVE.  When a personal representative neglects to 
perform a required duty or if a personal representative is removed 
for cause, the personal representative and the sureties on the 
personal representative's bond are liable for:
	(1)  costs of removal and other additional costs incurred 
that are not authorized expenditures, as defined by this code;  and
	(2)  reasonable attorney's fees incurred in removing the 
personal representative or in obtaining compliance regarding any 
statutory duty the personal representative has neglected.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1977, 65th Leg., p. 1171, ch. 448, § 3, eff. Aug. 29, 1977;  
Acts 1983, 68th Leg., p. 631, ch. 140, § 1, eff. Aug. 29, 1983.

Amended by Acts 2003, 78th Leg., ch. 1060, § 13, eff. Sept. 1, 
2003.