Texas § ES.353.053 - ALLOWANCE IN LIEU OF EXEMPT PROPERTY

Full text of Texas The Texas Constitution § ES.353.053 — ALLOWANCE IN LIEU OF EXEMPT PROPERTY, with citation guidance and answers to common questions.

§ ES.353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY

ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) If all or any of the specific articles of exempt property described by Section 353.051 (a) are not among the decedent's effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent's surviving spouse and children as provided by Section 353.054 . (b) The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C. 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. 2.03, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 647 (H.B. 789 ), Sec. 2.01, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995 ), Sec. 37, eff. September 1, 2015.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § ES.353.053

What does The Texas Constitution § ES.353.053 cover?

Section ES.353.053 ("ALLOWANCE IN LIEU 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.353.053?

A common citation format is "The Texas Constitution § ES.353.053" (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.353.053 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.