Texas Estates Code 453.009 – Distribution of Powers Between Personal Representative and Surviving Spouse During Administration
(a) A qualified personal representative of a deceased spouse’s estate may administer:
(1) the separate property of the deceased spouse;
(2) the community property that was by law under the management of the deceased spouse during the marriage; and
(3) the community property that was by law under the joint control of the spouses during the marriage.
(b) During administration of a deceased spouse’s estate, the surviving spouse, as surviving partner of the marital partnership, is entitled to:
(1) retain possession and control of the community property that was legally under the sole management of the surviving spouse during the marriage; and
(2) exercise over that property any power this chapter authorizes the surviving spouse to exercise as if there is no administration pending on the deceased spouse’s estate.
Terms Used In Texas Estates Code 453.009
- 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 - Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Property: means real and personal property. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The surviving spouse, by written instrument filed with the clerk, may waive any right to exercise powers as community survivor. If the surviving spouse files a waiver under this subsection, the deceased spouse’s personal representative may administer the entire community estate.