Texas Estates Code 360.102 – Court Decree
Terms Used In Texas Estates Code 360.102
- 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
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
If the court determines that the estate should be partitioned and distributed, the court shall enter a decree stating:
(1) the name and address, if known, of each person entitled to a share of the estate, specifying:
(A) which of those persons are known to be minors;
(B) the name of the minors’ guardian or guardian ad litem; and
(C) the name of the attorney appointed to represent those persons who are unknown or who are not residents of this state;
(2) the proportional part of the estate to which each person is entitled;
(3) a full description of all the estate to be distributed; and
(4) that the executor or administrator must retain possession of a sufficient amount of money or property to pay all debts, taxes, and expenses of administration and specifying the amount of money or the property to be retained.