Texas § ES.353.055 - METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY
Full text of Texas The Texas Constitution § ES.353.055 — METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY, with citation guidance and answers to common questions.
§ ES.353.055. METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY
METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) An allowance in lieu of any exempt property shall be paid in the manner selected by the decedent's surviving spouse or children of legal age, or by the guardian of the decedent's minor children, or by the guardian of each adult incapacitated child or other appropriate person, as determined by the court, if there is no guardian, as follows: (1) in money out of estate funds that come into the executor's or administrator's possession; (2) in any of the decedent's property or a part of the property chosen by those individuals at the appraisement; or (3) part in money described by Subdivision (1) and part in property described by Subdivision (2). (b) Property specifically devised to another may be taken as provided by Subsection (a) only if other available property is insufficient to pay the allowance. 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. 2.05, eff. January 1, 2014.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.353.055
What does The Texas Constitution § ES.353.055 cover?
Section ES.353.055 ("METHOD OF PAYING 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.353.055?
A common citation format is "The Texas Constitution § ES.353.055" (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.353.055 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.