Texas Estates Code 357.004 – Condition of Returned Estate Property
Current as of: 2024 | Check for updates
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(a) Estate property that is rented, with or without a court order, must be returned to the estate’s possession in as good a condition, except for reasonable wear and tear, as when the property was rented.
(b) The personal representative of an estate shall:
(1) ensure that rented estate property is returned in the condition required by Subsection (a);
(2) report to the court any damage to, or loss or destruction of, the property; and
(3) ask the court for the authority to take any necessary action.
Terms Used In Texas Estates Code 357.004
- 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 - 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
(c) A personal representative who fails to act as required by this section and the sureties on the representative’s bond are liable to the estate for any loss or damage suffered as a result of the representative’s failure.
