2011 Texas Statutes
PROBATE CODE
CHAPTER X - PAYMENT OF ESTATES INTO STATE TREASURY

PROBATE CODE

CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY

Text of article effective until January 01, 2014

Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY. If any person entitled to a portion of an estate, except a resident minor without a guardian, shall not demand his portion from the executor or administrator within six months after an order of court approving the report of commissioners of partition, or within six months after the settlement of the final account of an executor or administrator, as the case may be, the court by written order shall require the executor or administrator to pay so much of said portion as is in money to the comptroller; and such portion as is in other property he shall order the executor or administrator to sell on such terms as the court thinks best, and, when the proceeds of such sale are collected, the court shall order the same to be paid to the comptroller, in all such cases allowing the executor or administrator reasonable compensation for his services. A suit to recover proceeds of the sale is governed by Section 433 of this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 15.01, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 428. INDISPENSABILITY OF COMPTROLLER AS PARTY. The comptroller is an indispensable party to any judicial or administrative proceeding concerning the disposition and handling of any portion of an estate that is or may be payable to the comptroller under Section 427 of this Code. Whenever an order shall be made by the court for an executor or administrator to pay any funds to the comptroller under Section 427 of this Code, the clerk of the court in which such order is made shall serve on the comptroller by personal service of citation a certified copy of such order within five days after the same has been made.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 15.02, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 429. PENALTY FOR NEGLECT TO NOTIFY COMPTROLLER . Any clerk who shall neglect to have served on the comptroller by personal citation a certified copy of any such order within the time prescribed by Section 428 of this Code shall be liable in a penalty of One Hundred Dollars, to be recovered in an action in the name of the state, after personal service of citation, on the information of any citizen, one-half of which penalty shall be paid to the informer and the other one-half to the state.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 15.03, eff. Sept. 1, 1997.

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 10

Text of section as amended by Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 11

Without reference to the amendment of this section, this section was repealed by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 10(a), eff. January 1, 2014.

Sec. 430.  RECEIPT OF COMPTROLLER. Whenever an executor or administrator pays the comptroller any funds of the estate he represents, under the preceding provisions of this Code, he shall take from the comptroller a receipt for such payment, with official seal attached, and shall file the same with the clerk of the court ordering such payment;  and such receipt shall be recorded in the judge's probate docket.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1997, 75th Leg., ch. 1423, Sec. 15.04, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 11, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 10(a), eff. January 1, 2014.

Text of article effective until January 01, 2014

Sec. 431. PENALTY FOR FAILURE TO MAKE PAYMENTS TO COMPTROLLER. When an executor or administrator fails to pay to the comptroller any funds of an estate which he has been ordered by the court so to pay, within 30 days after such order has been made, such executor or administrator shall, after personal service of citation charging such failure and after proof thereof, be liable to pay out of his own estate to the comptroller damages thereon at the rate of five per cent per month for each month, or fraction thereof, that he fails to make such payment after 30 days from such order, which damages may be recovered in any court of competent jurisdiction.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 28, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 15.05, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 432. COMPTROLLER MAY ENFORCE PAYMENT AND COLLECT DAMAGES. The Comptroller shall have the right in the name of the state to apply to the court in which the order for payment was made to enforce the payment of funds which the executor or administrator has failed to pay to him pursuant to order of court, together with the payment of any damages that shall have accrued under the provisions of the preceding section of this code, and the court shall enforce such payment in like manner as other orders of payment are required to be enforced. The comptroller shall also have the right to institute suit in the name of the state against such executor or administrator, and the sureties on his bond, for the recovery of the funds so ordered to be paid and such damages as have accrued. The county attorney or criminal district attorney of the county, the district attorney of the district, or the attorney general, at the election of the comptroller and with the approval of the attorney general, shall represent the comptroller in all such proceedings, and shall also represent the interests of the state in all other matters arising under any provisions of this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 28, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 15.06, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 433. SUIT FOR THE RECOVERY OF FUNDS PAID TO THE COMPTROLLER. (a) Mode of Recovery. When funds of an estate have been paid to the comptroller, any heir, devisee, or legatee of the estate, or their assigns, or any of them, may recover the portion of such funds to which he, she, or they are entitled. The person claiming such funds shall institute suit on or before the fourth anniversary of the date of the order requiring payment to the comptroller, by petition filed in the district court of Travis County, against the comptroller, setting forth the plaintiff's right to such funds, and the amount claimed by him.

(b) Citation. Upon the filing of such petition, the clerk shall issue a citation for the comptroller, to be served by personal service, to appear and represent the interest of the state in such suit. As the comptroller elects and with the approval of the attorney general, the attorney general, the county attorney or criminal district attorney for the county, or the district attorney for the district shall represent the comptroller.

(c) Procedure. The proceedings in such suit shall be governed by the rules for other civil suits; and, should the plaintiff establish his right to the funds claimed, he shall have a judgment therefor, which shall specify the amount to which he is entitled; and a certified copy of such judgment shall be sufficient authority for the comptroller to pay the same.

(d) Costs. The costs of any such suit shall in all cases be adjudged against the plaintiff, and he may be required to secure the costs.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 29, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1423, Sec. 15.07, eff. Sept. 1, 1997.