Texas Estates Code Chapter 22 – Definitions
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Terms Used In Texas Estates Code Chapter 22 - Definitions
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- 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 - Decedent: A deceased person.
- Devise: To gift property by will.
- Devisee: includes a legatee. See Texas Estates Code 22.009
- 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 - Executor: A male person named in a will to carry out the decedent
- Exempt property: means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. See Texas Estates Code 22.013
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- General election: means an election, other than a primary election, that regularly recurs at fixed dates. See Texas Election Code 1.005
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Independent executor: means the personal representative of an estate under independent administration as provided by Chapter 401 and § 402. See Texas Estates Code 22.017
- Intestate: Dying without leaving a will.
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Lien: A claim against real or personal property in satisfaction of a debt.
- lien: include :
(1) a deed of trust;
(2) a vendor's lien, a mechanic's, materialman's, or laborer's lien, an attachment or garnishment lien, and a federal or state tax lien;
(3) a chattel mortgage;
(4) a judgment; and
(5) a pledge by hypothecation. See Texas Estates Code 22.024 - Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- Oversight: Committee review of the activities of a Federal agency or program.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Personal property: includes an interest in:
(1) goods;
(2) money;
(3) a chose in action;
(4) an evidence of debt; and
(5) a real chattel. See Texas Estates Code 22.028 - 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 - Political subdivision: means a county, city, or school district or any other governmental entity that:
(A) embraces a geographic area with a defined boundary;
(B) exists for the purpose of discharging functions of government; and
(C) possesses authority for subordinate self-government through officers selected by it. See Texas Election Code 1.005 - Primary election: means an election held by a political party under Chapter 172 to select its nominees for public office, and, unless the context indicates otherwise, the term includes a presidential primary election. See Texas Election Code 1.005
- Probate: Proving a will
- Quorum: The number of legislators that must be present to do business.
- Real property: includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. See Texas Estates Code 22.030
- 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.
- Special election: means an election that is not a general election or a primary election. See Texas Election Code 1.005
- Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
- Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trustee: A person or institution holding and administering property in trust.