Texas Estates Code 360.001 – General Application
Current as of: 2024 | Check for updates
|
Other versions
(a) At any time after the first anniversary of the date original letters testamentary or of administration are granted, an executor, administrator, heir, or devisee of a decedent‘s estate, by written application filed in the court in which the estate is pending, may request the partition and distribution of the estate.
(b) An application under Subsection (a) must state:
(1) the decedent’s name;
(2) the name and residence of each person entitled to a share of the estate and whether the person is an adult or a minor;
(3) if the applicant does not know a fact required by Subdivision (2); and
(4) the reasons why the estate should be partitioned and distributed.
Terms Used In Texas Estates Code 360.001
- 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.
- Devisee: includes a legatee. See Texas Estates Code 22.009
- 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
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005