Sections
Chapter 101 Estate Assets in General 101.001 – 101.052
Chapter 102 Probate Assets: Decedent’S Homestead 102.001 – 102.006
Chapter 111 Nonprobate Assets in General 111.001 – 111.054
Chapter 112 Community Property With Right of Survivorship 112.001 – 112.253
Chapter 113 Multiple-Party Accounts 113.001 – 113.253
Chapter 114 Transfer On Death Deed 114.001 – 114.152
Chapter 115 Beneficiary Designation for Motor Vehicles 115.001 – 115.006
Chapter 121 Survival Requirements 121.001 – 121.153
Chapter 122 Disclaimers and Assignments 122.001 – 122.206
Chapter 123 Dissolution of Marriage 123.001 – 123.151
Chapter 124 Valuation and Taxation of Estate Property 124.001 – 124.052

Terms Used In Texas Estates Code > Title 2 > Subtitle C

  • Act: means a bodily movement, whether voluntary or involuntary, and includes speech. See Texas Estates Code 505.051
  • Actor: means a person whose criminal responsibility is in issue in a criminal action. See Texas Estates Code 505.051
  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Agency: includes authority, board, bureau, commission, committee, council, department, district, division, and office. See Texas Estates Code 505.051
  • Alcoholic beverage: has the meaning assigned by Section Texas Estates Code 505.051
  • Another: means a person other than the actor. See Texas Estates Code 505.051
  • Benefit: means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. See Texas Estates Code 505.051
  • Bodily injury: means physical pain, illness, or any impairment of physical condition. See Texas Estates Code 505.051
  • Charitable organization: means :
    (1) a nonprofit corporation, trust, community chest, fund, foundation, or other entity that is:
    (A) exempt from federal income tax under Section 501(a), Internal Revenue Code of 1986, by being described by Section 501(c)(3) of that code; and
    (B) organized and operated exclusively for:
    (i) religious, charitable, scientific, educational, or literary purposes;
    (ii) testing for public safety;
    (iii) preventing cruelty to children or animals; or
    (iv) promoting amateur sports competition; or
    (2) any other entity that is organized and operated exclusively for the purposes listed in Section 501(c)(3), Internal Revenue Code of 1986. See Texas Estates Code 113.151
  • Child: includes an adopted child, regardless of whether the adoption occurred through:
    (1) an existing or former statutory procedure; or
    (2) an equitable adoption or acts of estoppel. See Texas Estates Code 113.152
  • City secretary: includes a city clerk or, in a city that has no city secretary or clerk, the city officer who performs the duties of a city secretary. See Texas Election Code 171.028
  • 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 113.153
  • Commissioner: means the commissioner of agriculture. See Texas Education Code 66.82
  • Conduct: means an act or omission and its accompanying mental state. See Texas Estates Code 505.051
  • Consent: means assent in fact, whether express or apparent. See Texas Estates Code 505.051
  • Correctional facility: means a place designated by law for the confinement of a person arrested for, charged with, or convicted of a criminal offense. See Texas Estates Code 505.051
  • County election precinct: means an election precinct established under Section Texas Election Code 171.028
  • 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 113.1541
  • Deadly weapon: means :
    (A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
    (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. See Texas Estates Code 505.051
  • Death: includes , for an individual who is an unborn child, the failure to be born alive. See Texas Estates Code 505.051
  • Department: means the Department of Agriculture. See Texas Education Code 66.82
  • Devisee: includes a legatee. See Texas Estates Code 113.156
  • Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 113.157
  • District office: means an office of the federal or state government that is not voted on statewide. See Texas Election Code 171.028
  • Docket: means the probate docket. See Texas Estates Code 113.158
  • Effective consent: includes consent by a person legally authorized to act for the owner. See Texas Estates Code 505.051
  • 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
  • Exempt property: means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. See Texas Estates Code 113.201
  • Federal special investigator: means a person described by Article Texas Estates Code 505.051
  • Felony: means an offense so designated by law or punishable by death or confinement in a penitentiary. See Texas Estates Code 505.051
  • Final canvass: means the canvass from which the official result of an election is determined. See Texas Election Code 171.028
  • General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 171.028
  • General election for state and county officers: means the general election at which officers of the federal, state, and county governments are elected. See Texas Election Code 171.028
  • Government: means :
    (A) the state;
    (B) a county, municipality, or political subdivision of the state; or
    (C) any branch or agency of the state, a county, municipality, or political subdivision. See Texas Estates Code 505.051
  • Harm: means anything reasonably regarded as loss, disadvantage, or injury, including harm to another person in whose welfare the person affected is interested. See Texas Estates Code 505.051
  • 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 113.203
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Independent executor: means the personal representative of an estate under independent administration as provided by Chapter Texas Estates Code 113.205
  • Individual: means a human being who is alive, including an unborn child at every stage of gestation from fertilization until birth. See Texas Estates Code 505.051
  • 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 113.207
  • Law: means the constitution or a statute of this state or of the United States, a written opinion of a court of record, a municipal ordinance, an order of a county commissioners court, or a rule authorized by and lawfully adopted under a statute. See Texas Estates Code 505.051
  • Law: means a constitution, statute, city charter, or city ordinance. See Texas Election Code 171.028
  • Legacy: includes a gift or devise of real or personal property made by a will. See Texas Estates Code 113.208
  • Legatee: includes a person who is entitled to a legacy under a will. See Texas Estates Code 113.209
  • lien: include :
    (1) a deed of trust;
    (2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
    (3) a chattel mortgage;
    (4) a judgment; and
    (5) a pledge by hypothecation. See
  • Livestock: means cattle, horses, mules, asses, sheep, goats, llamas, alpacas, exotic livestock, including elk and elk hybrids, and hogs, unless otherwise defined. See Texas Education Code 66.82
  • Measure: means a question or proposal submitted in an election for an expression of the voters' will. See Texas Election Code 171.028
  • 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 113.210
  • Misdemeanor: means an offense so designated by law or punishable by fine, by confinement in jail, or by both fine and confinement in jail. See Texas Estates Code 505.051
  • Oath: includes affirmation. See Texas Estates Code 505.051
  • Oath: includes affirmation. See Texas Government Code 311.005
  • Official proceeding: means any type of administrative, executive, legislative, or judicial proceeding that may be conducted before a public servant. See Texas Estates Code 505.051
  • Owner: means a person who:
    (A) has title to the property, possession of the property, whether lawful or not, or a greater right to possession of the property than the actor; or
    (B) is a holder in due course of a negotiable instrument. See Texas Estates Code 505.051
  • Peace officer: means a person elected, employed, or appointed as a peace officer under Article Texas Estates Code 505.051
  • Penal institution: means a place designated by law for confinement of persons arrested for, charged with, or convicted of an offense. See Texas Estates Code 505.051
  • Person: means an individual, corporation, or association. See Texas Estates Code 505.051
  • Person: includes a natural person and a corporation. See Texas Estates Code 113.253
  • person interested: means :
    (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
    (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 113.206
  • Personal property: includes an interest in:
    (1) goods;
    (2) money;
    (3) a chose in action;
    (4) an evidence of debt; and
    (5) a real chattel. See Texas Estates Code 114.001
  • 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 114.004
  • Political subdivision: means a county, city, or school district or any other governmental entity that:
    (A) embraces a geographic area with a defined boundary;
    (B) exists for the purpose of discharging functions of government; and
    (C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 171.028
  • Possession: means actual care, custody, control, or management. See Texas Estates Code 505.051
  • Primary election: means an election held by a political party under Chapter Texas Election Code 171.028
  • Proposition: means the wording appearing on a ballot to identify a measure. See Texas Election Code 171.028
  • Public place: means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. See Texas Estates Code 505.051
  • Public servant: means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:
    (A) an officer, employee, or agent of government;
    (B) a juror or grand juror; or
    (C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or
    (D) an attorney at law or notary public when participating in the performance of a governmental function; or
    (E) a candidate for nomination or election to public office; or
    (F) a person who is performing a governmental function under a claim of right although he is not legally qualified to do so. See Texas Estates Code 505.051
  • Real property: includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. See Texas Estates Code 114.003
  • Registered voter: means a person registered to vote in this state whose registration is effective. See Texas Election Code 171.028
  • Residence address: means the street address and any apartment number, or the address at which mail is received if the residence has no address, and the city, state, and zip code that correspond to a person's residence. See Texas Election Code 171.028
  • Serious bodily injury: means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Texas Estates Code 505.051
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Special election: means an election that is not a general election or a primary election. See Texas Election Code 171.028
  • Statewide office: means an office of the federal or state government that is voted on statewide. See Texas Election Code 171.028
  • Surety: includes a personal surety and a corporate surety. See Texas Estates Code 114.005
  • Uniform election date: means an election date prescribed by Section Texas Election Code 171.028
  • Unlawful: means criminal or tortious or both and includes what would be criminal or tortious but for a defense not amounting to justification or privilege. See Texas Estates Code 505.051
  • Voting station: means the voting booth or other place where voters mark their ballots or otherwise indicate their votes at a polling place. See Texas Election Code 171.028
  • Voting year: means the 12-month period beginning January 1 of each year. See Texas Election Code 171.028
  • Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 114.006
  • Week: means seven consecutive days. See Texas Government Code 311.005