Terms Used In Texas Estates Code 1353.053

  • 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
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027

A person whose spouse is judicially declared to be incapacitated and who acquires the power to manage, control, and dispose of the entire community estate under § 1353.002(a) shall inform the court in writing of any suit filed by or on behalf of the person that:
(1) is a suit for dissolution of the marriage of the person and the person’s incapacitated spouse; or
(2) names the incapacitated spouse as a defendant.