Texas Estates Code 1354.008 – Discharge of Receiver
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(a) If, on hearing the receiver’s report and account, the judge is satisfied that the danger of injury, loss, or waste to the estate has abated and that the report and account are correct, the judge shall:
(1) enter an order finding that the danger of injury, loss, or waste to the estate has abated; and
(2) direct the receiver to deliver the estate to:
(A) the person from whom the receiver took possession as receiver;
(B) the person who has custody of the incapacitated person; or
(C) another person the judge finds is entitled to possession of the estate.
(b) A person who receives the estate under Subsection (a) shall execute and file with the clerk an appropriate receipt for the estate that is delivered to the person.
Terms Used In Texas Estates Code 1354.008
- 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 distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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 probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
(c) The judge’s order shall discharge the receivership and the sureties on the receiver’s bond.
(d) If the judge is not satisfied that the danger has abated, or is not satisfied with the receiver’s report and account, the judge shall enter an order continuing the receivership in effect until the judge is satisfied that the danger has abated or is satisfied with the report and account.