Texas § ES.353.052 - DELIVERY OF EXEMPT PROPERTY
Full text of Texas The Texas Constitution § ES.353.052 — DELIVERY OF EXEMPT PROPERTY, with citation guidance and answers to common questions.
§ ES.353.052. DELIVERY OF EXEMPT PROPERTY
DELIVERY OF EXEMPT PROPERTY. (a) This section only applies to exempt property described by Section 353.051 (a). (a-1) The executor or administrator of an estate shall deliver, without delay, exempt property that has been set aside for the decedent's surviving spouse and children in accordance with this section. (b) If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall deliver all exempt property to the surviving spouse. (c) If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall deliver the share of those children in exempt property, other than the homestead, to: (1) the children, if the children are of legal age; (2) the children's guardian, if the children are minors; or (3) the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian. (d) If there is no surviving spouse and there are children of the decedent, the executor or administrator shall deliver exempt property, other than the homestead, to: (1) the children, if the children are of legal age; (2) the children's guardian, if the children are minors; or (3) the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian. (e) In all cases, the executor or administrator shall deliver the homestead to: (1) the decedent's surviving spouse, if there is a surviving spouse; or (2) the guardian of the decedent's minor children, if there is not a surviving spouse. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492 ), Sec. 2.02, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995 ), Sec. 36, eff. September 1, 2015.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.353.052
What does The Texas Constitution § ES.353.052 cover?
Section ES.353.052 ("DELIVERY OF EXEMPT PROPERTY") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.353.052?
A common citation format is "The Texas Constitution § ES.353.052" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.353.052 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.