Texas Estates Code 362.013 – Discharge of Personal Representative When Estate Fully Administered
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Terms Used In Texas Estates Code 362.013
- 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 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- 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 - Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
The court shall enter an order discharging a personal representative from the representative’s trust and declaring the estate closed when:
(1) the representative has fully administered the estate in accordance with this title and the court’s orders;
(2) the representative’s account for final settlement has been approved; and
(3) the representative has:
(A) delivered all of the estate remaining in the representative’s possession to the person or persons entitled to receive that part of the estate; and
(B) with respect to the portion of the estate distributable to an unknown or missing person, complied with an order of the court under § 362.011.