Texas Estates Code 301.002 – Period for Filing Application for Letters Testamentary or of Administration
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(a) Except as provided by Subsection (b) and Section 501.006 with respect to a foreign will, an application for the grant of letters testamentary or of administration of an estate must be filed not later than the fourth anniversary of the decedent‘s death.
(b) This section does not apply if administration is necessary to:
(1) receive or recover property due a decedent’s estate; or
(2) prevent real property in a decedent’s estate from becoming a danger to the health, safety, or welfare of the general public and the applicant for the issuance of letters testamentary or of administration is a home-rule municipality that is a creditor of the estate.
Terms Used In Texas Estates Code 301.002
- Decedent: A deceased person.
- 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 - Property: means real and personal property. See Texas Government Code 311.005