Texas Estates Code 361.004 – Hearing
(a) At the time set for the hearing under § 361.003, unless the court continues the hearing, and if the court finds that the citation required under that section has been properly issued and served, the court shall:
(1) examine the exhibit and final account required by § 361.001;
(2) hear all evidence for and against the exhibit and final account; and
(3) if necessary, restate and audit and settle the exhibit and final account.
(b) If the court is satisfied that the matters entrusted to the personal representative applying to resign have been handled and accounted for in accordance with the law, the court shall:
(1) enter an order approving the exhibit and final account; and
(2) require that any estate property remaining in the applicant’s possession be delivered to the persons entitled by law to receive the property.
Terms Used In Texas Estates Code 361.004
- 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 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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