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Tex. Est. Code § 453.003

GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff

(a) If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:

(1) sue and be sued to recover community property;

(2) sell, mortgage, lease, and otherwise dispose of community property to pay debts for which a portion of community property is liable for payment;

(3) collect claims due to the community estate; and

(4) exercise other powers as necessary to:

(A) preserve the community property;

(B) discharge obligations for which a portion of community property is liable for payment; and

(C) wind up community affairs.

(b) This section does not affect the disposition of the deceased spouse's property.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.