2025 Texas Statutes
Estates Code
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle C - Passage of Title and Distribution of Decedents' Property in General
Chapter 101 - Estate Assets in General
Subchapter B. Liability of Estate for Debts
Section 101.052. Liability of Community Property for Debts
Sec. 101.052. LIABILITY OF COMMUNITY PROPERTY FOR DEBTS. (a) The community property that was by law under the sole management, control, and disposition of a spouse or under the joint management, control, and disposition of the spouses during marriage continues to be subject to the liabilities of that spouse on the death of either spouse.
(a-1) The undivided one-half interest that the surviving spouse owned in community property that was by law under the sole management, control, and disposition of the deceased spouse during marriage is subject to the liabilities of the surviving spouse on the death of the deceased spouse.
(b) The undivided one-half interest that the deceased spouse owned in community property that was by law under the sole management, control, and disposition of the surviving spouse during marriage passes to the deceased spouse's heirs or devisees charged with the liabilities of the deceased spouse.
(c) This section does not prohibit the administration of community property under other provisions of this title relating to the administration of an estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 9, eff. September 1, 2023.
