Texas § ES.354.001 - SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES

§ ES.354.001. SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES

SUMMARY PROCEEDINGS FOR CERTAIN SMALL ESTATES. (a) If, after a personal representative of an estate has filed the inventory, appraisement, and list of claims or the affidavit in lieu of the inventory, appraisement, and list of claims as provided by Chapter 309 , it is established that the decedent's estate, excluding any homestead, exempt property, and family allowance to the decedent's surviving spouse, minor children, and adult incapacitated children, does not exceed the amount sufficient to pay the claims against the estate classified as Classes 1 through 4 under Section 355.102 , the representative shall: (1) on order of the court, pay those claims in the order provided and to the extent permitted by the assets of the estate subject to the payment of those claims; and (2) after paying the claims in accordance with Subdivision (1), present to the court the representative's account with an application for the settlement and allowance of the account. (b) On presentation of the personal representative's account and application under Subsection (a), the court, with or without notice or citation, may adjust, correct, settle, allow, or disallow the account. (c) If the court settles and allows the personal representative's account under Subsection (b), the court may: (1) decree final distribution; (2) discharge the representative; and (3) close the administration. 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. 2.14, eff. January 1, 2014. Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198 ), Sec. 2.49, eff. January 1, 2014. Acts 2025, 89th Leg., R.S., Ch. 438 (H.B. 3421 ), Sec. 6, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 831 (S.B. 1448 ), Sec. 7, eff. September 1, 2025. SUBCHAPTER B. WITHDRAWAL FROM ADMINISTRATION OF CERTAIN ESTATES