Texas Estates Code 152.052 – Issuance of Order Regarding Access to Certain Personal Property
Terms Used In Texas Estates Code 152.052
- 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 district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Property: means real and personal property. See Texas Government Code 311.005
If on review of an application filed under § 152.001 the court determines that emergency intervention is necessary to gain access to accommodations rented by the decedent that, at the time of the decedent’s death, contain the decedent’s personal property, the court may order one or more of the following:
(1) that the owner or agent of the accommodations shall grant the applicant access to the accommodations at a reasonable time and in the presence of the owner or agent;
(2) that the applicant and owner or agent of the accommodations shall jointly prepare and file with the court a list that generally describes the decedent’s property found at the premises;
(3) that the applicant or the owner or agent of the accommodations may remove and store the decedent’s property at another location until claimed by the decedent’s heirs;
(4) that the applicant has only the powers that are specifically stated in the order and that are necessary to protect the decedent’s property that is the subject of the application; or
(5) that funds of the decedent held by an individual, an employer, or a financial institution be paid to the applicant for reasonable and necessary attorney’s fees and court costs for obtaining the order.