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Terms Used In Texas Estates Code 352.004

  • 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
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Property: means real and personal property. See Texas Government Code 311.005

The court may, on application of an interested person or on the court’s own motion, wholly or partly deny a commission allowed by this subchapter 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 404.003 or Subchapter B, Chapter 361.