Texas Estates Code 112.252 – Liabilities of Deceased Spouse Not Affected by Right of Survivorship
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(a) Except as expressly provided by Section 112.251, the community property subject to the sole or joint management, control, and disposition of a spouse during marriage continues to be subject to the liabilities of that spouse on that spouse’s death without regard to a right of survivorship in the surviving spouse under an agreement made in accordance with this chapter.
(b) The surviving spouse is liable to account to the deceased spouse’s personal representative for property received by the surviving spouse under a right of survivorship to the extent necessary to discharge the deceased spouse’s liabilities.
Terms Used In Texas Estates Code 112.252
- 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 - Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- 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
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A proceeding to assert a liability under Subsection (b):
(1) may be commenced only if the deceased spouse’s personal representative has received a written demand by a creditor; and
(2) must be commenced on or before the second anniversary of the deceased spouse’s death.
(d) Property recovered by the deceased spouse’s personal representative under this section shall be administered as part of the deceased spouse’s estate.