Texas Estates Code 360.253 – Community Property
(a) If a spouse dies leaving community property, the surviving spouse, at any time after letters testamentary or of administration have been granted and an inventory, appraisement, and list of claims of the estate have been returned or an affidavit in lieu of the inventory, appraisement, and list of claims has been filed, may apply in writing to the court that granted the letters for a partition of the community property.
(b) The surviving spouse shall execute and deliver a bond to the judge of the court described by Subsection (a). The bond must be:
(1) with a corporate surety or at least two good and sufficient personal sureties;
(2) payable to and approved by the judge;
(3) in an amount equal to the value of the surviving spouse’s interest in the community property; and
(4) conditioned for the payment of half of all debts existing against the community property.
Terms Used In Texas Estates Code 360.253
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - 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
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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 - Property: means real and personal property. See Texas Government Code 311.005
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
(c) The court shall proceed to partition the community property into two equal moieties, one to be delivered to the surviving spouse and the other to be delivered to the executor or administrator of the deceased spouse’s estate.
(d) If a partition is made under this section:
(1) a lien exists on the property delivered to the surviving spouse to secure the payment of the bond required under Subsection (b); and
(2) any creditor of the community estate:
(A) may sue in the creditor’s own name on the bond; and
(B) is entitled:
(i) to have judgment on the bond for half of the debt the creditor establishes; and
(ii) to be paid by the executor or administrator of the deceased spouse’s estate for the other half.
(e) The provisions of this title relating to the partition and distribution of an estate apply to a partition under this section to the extent applicable.