AUTHORITY TO COMMENCE SUITS
Applied in 2 court decisions — leading case Linda Ferreira v. Douglas W. Butler and Debra L. Butler (2017)
Most recently applied in Linda Ferreira v. Douglas W. Butler and Debra L. Butler (September 2017)
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff
(a) An executor or administrator appointed in this state may commence a suit for:
(1) recovery of personal property, debts, or damages; or
(2) title to or possession of land, any right attached to or arising from that land, or an injury or damage done to that land.
(b) A judgment in a suit described by Subsection (a) is conclusive, but may be set aside by any interested person for fraud or collusion on the executor's or administrator's part.
Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.