H.B. No. 2502
 
 
 
 
AN ACT
  relating to the adoption of a nonsubstantive revision of provisions
  of the Texas Probate Code relating to decedents' estates and the
  redesignation of certain other provisions of the Texas Probate
  Code, including conforming amendments and repeals.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  ESTATES CODE.  The Estates Code is adopted to
  read as follows:
  ESTATES CODE
  TITLE 1. GENERAL PROVISIONS
  CHAPTER 21. PURPOSE AND CONSTRUCTION
  CHAPTER 22. DEFINITIONS
  [Chapters 23-30 reserved for expansion]
  TITLE 2. ESTATES OF DECEDENTS
  SUBTITLE A. SCOPE, JURISDICTION, AND COURTS
  [Chapters 31-50 reserved for expansion]
  SUBTITLE B. PROCEDURAL MATTERS
  CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS
                 IN GENERAL
  CHAPTER 52. FILING AND RECORDKEEPING
  CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
  CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
  CHAPTER 55. COMPLAINTS AND CONTESTS
  CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL
                 REPRESENTATIVE FOR SERVICE OF PROCESS
  [Chapters 57-100 reserved for expansion]
  SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION
  OF DECEDENTS' PROPERTY IN GENERAL
  CHAPTER 101. ESTATE ASSETS IN GENERAL
  CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
  [Chapters 103-110 reserved for expansion]
  CHAPTER 111. NONPROBATE ASSETS IN GENERAL
  CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
  CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
  [Chapters 114-120 reserved for expansion]
  CHAPTER 121. SURVIVAL REQUIREMENTS
  CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
  CHAPTER 123. DISSOLUTION OF MARRIAGE
  CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
  [Chapters 125-150 reserved for expansion]
  SUBTITLE D. PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE
  CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
  CHAPTER 152. EMERGENCY INTERVENTION
  [Chapters 153-200 reserved for expansion]
  SUBTITLE E. INTESTATE SUCCESSION
  CHAPTER 201. DESCENT AND DISTRIBUTION
  CHAPTER 202. DETERMINATION OF HEIRSHIP
  CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
  CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
  CHAPTER 205. SMALL ESTATE AFFIDAVIT
  [Chapters 206-250 reserved for expansion]
  SUBTITLE F. WILLS
  CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS
                  RELATING TO WILLS
  CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
  CHAPTER 253. CHANGE AND REVOCATION OF WILLS
  CHAPTER 254. VALIDITY OF CERTAIN PROVISIONS IN, AND CONTRACTS
                  RELATING TO, WILLS
  CHAPTER 255. CONSTRUCTION AND INTERPRETATION OF WILLS
  CHAPTER 256. PROBATE OF WILLS GENERALLY
  CHAPTER 257. PROBATE OF WILL AS MUNIMENT OF TITLE
  CHAPTER 258. CITATIONS AND NOTICES RELATING TO PROBATE OF WILL
  [Chapters 259-300 reserved for expansion]
  SUBTITLE G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE
  AND OPENING OF ADMINISTRATION
  CHAPTER 301. APPLICATION FOR LETTERS TESTAMENTARY
                  OR OF ADMINISTRATION
  [Chapter 302 reserved for expansion]
  CHAPTER 303. CITATIONS AND NOTICES IN GENERAL ON OPENING
                  OF ADMINISTRATION
  CHAPTER 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
  CHAPTER 305. QUALIFICATION OF PERSONAL REPRESENTATIVES
  CHAPTER 306. GRANTING AND ISSUANCE OF LETTERS
  CHAPTER 307. VALIDITY OF CERTAIN ACTS OF EXECUTORS AND
                  ADMINISTRATORS
  CHAPTER 308. NOTICE TO BENEFICIARIES AND CLAIMANTS
  CHAPTER 309. INVENTORY, APPRAISEMENT, AND LIST OF CLAIMS
  CHAPTER 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
  [Chapters 311-350 reserved for expansion]
  SUBTITLE H. CONTINUATION OF ADMINISTRATION
  CHAPTER 351. POWERS AND DUTIES OF PERSONAL REPRESENTATIVES
                  IN GENERAL
  CHAPTER 352. COMPENSATION AND EXPENSES OF PERSONAL
                  REPRESENTATIVES AND OTHERS
  CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
  CHAPTER 354. SUMMARY PROCEEDINGS FOR, OR WITHDRAWAL FROM
                  ADMINISTRATION OF, CERTAIN ESTATES
  CHAPTER 355. PRESENTMENT AND PAYMENT OF CLAIMS
  CHAPTER 356. SALE OF ESTATE PROPERTY
  CHAPTER 357. RENTING ESTATE PROPERTY
  CHAPTER 358. MATTERS RELATING TO MINERAL PROPERTIES
  CHAPTER 359. ANNUAL ACCOUNT AND OTHER EXHIBITS AND REPORTS
  CHAPTER 360. PARTITION AND DISTRIBUTION OF ESTATE
  CHAPTER 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL
                  REPRESENTATIVES; APPOINTMENT OF SUCCESSORS
  CHAPTER 362. CLOSING ADMINISTRATION OF ESTATE
  [Chapters 363-400 reserved for expansion]
  SUBTITLE I. INDEPENDENT ADMINISTRATION
  [Chapters 401-450 reserved for expansion]
  SUBTITLE J. ADDITIONAL MATTERS RELATING TO THE ADMINISTRATION
  OF CERTAIN ESTATES
  CHAPTER 451. ORDER OF NO ADMINISTRATION
  CHAPTER 452. TEMPORARY ADMINISTRATION OF ESTATES
  CHAPTER 453. ADMINISTRATION OF COMMUNITY PROPERTY
  CHAPTER 454. ADMINISTRATION OF ESTATE OF PERSON PRESUMED DEAD
  [Chapters 455-500 reserved for expansion]
  SUBTITLE K. FOREIGN WILLS, OTHER TESTAMENTARY
  INSTRUMENTS, AND FIDUCIARIES
  CHAPTER 501. ANCILLARY PROBATE OF FOREIGN WILL
  CHAPTER 502. ORIGINAL PROBATE OF FOREIGN WILL
  CHAPTER 503. RECORDING OF FOREIGN TESTAMENTARY INSTRUMENT
  CHAPTER 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN
                  TESTAMENTARY INSTRUMENT
  CHAPTER 505. FOREIGN PERSONAL REPRESENTATIVES, TRUSTEES,
                  AND FIDUCIARIES
  [Chapters 506-550 reserved for expansion]
  SUBTITLE L. PAYMENT OF ESTATES INTO TREASURY
  CHAPTER 551. PAYMENT OF CERTAIN ESTATES TO STATE
  [Chapters 552-600 reserved for expansion]
  SUBTITLE M. DURABLE POWERS OF ATTORNEY
  [Chapters 601-650 reserved for expansion]
  [Subtitles N-W reserved for expansion]
  SUBTITLE X. TEXAS PROBATE CODE: SCOPE, JURISDICTION,
  AND COURTS
  CHAPTER I. GENERAL PROVISIONS
  [Reserved for expansion]
  SUBTITLE Y. TEXAS PROBATE CODE: INDEPENDENT ADMINISTRATION
  CHAPTER VI.  SPECIAL TYPES OF ADMINISTRATION
  PART 4. INDEPENDENT ADMINISTRATION
  [Reserved for expansion]
  SUBTITLE Z. TEXAS PROBATE CODE: DURABLE POWERS OF ATTORNEY
  [Reserved for expansion]
  [Titles 3-24 reserved for expansion]
  TITLE 25. TEXAS PROBATE CODE: GUARDIANSHIP
  [Reserved for expansion]
  TITLE 1.  GENERAL PROVISIONS
  CHAPTER 21. PURPOSE AND CONSTRUCTION
  Sec. 21.001.  PURPOSE OF CODE 
  Sec. 21.002.  CONSTRUCTION 
  Sec. 21.003.  STATUTORY REFERENCES
  Sec. 21.004.  EFFECT OF DIVISION OF LAW 
  Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS 
  Sec. 21.006.  APPLICABILITY TO PROBATE PROCEEDINGS 
  CHAPTER 21.  PURPOSE AND CONSTRUCTION
         Sec. 21.001.  PURPOSE OF CODE.  (a)  This title and Subtitles
  A through M, Title 2, are enacted as a part of the state's
  continuing statutory revision program, begun by the Texas
  Legislative Council in 1963 as directed by the legislature in the
  law codified as Section 323.007, Government Code.  The program
  contemplates a topic-by-topic revision of the state's general and
  permanent statute law without substantive change.
         (b)  Consistent with the objectives of the statutory
  revision program, the purpose of this title and Subtitles A through
  M, Title 2, is to make the law encompassed by this title and
  Subtitles A through M, Title 2, more accessible and understandable
  by:
               (1)  rearranging the statutes into a more logical
  order;
               (2)  employing a format and numbering system designed
  to facilitate citation of the law and to accommodate future
  expansion of the law;
               (3)  eliminating repealed, duplicative,
  unconstitutional, expired, executed, and other ineffective
  provisions; and
               (4)  restating the law in modern American English to
  the greatest extent possible.
         (c)  The provisions of Subtitles X, Y, and Z of Title 2 and
  Title 25 are transferred from the Texas Probate Code and
  redesignated as part of this code, but are not revised as part of
  the state's continuing statutory revision program.  (New.)
         Sec. 21.002.  CONSTRUCTION.  Except as provided by Section
  22.027, Chapter 311, Government Code (Code Construction Act),
  applies to the construction of a provision of this title or Subtitle
  A, B, C, D, E, F, G, H, I, J, K, L, or M, Title 2.  That chapter does
  not apply to the construction of a provision of Subtitle X, Y, or Z
  of Title 2 or Title 25.  (New.)
         Sec. 21.003.  STATUTORY REFERENCES. (a) A reference in a law
  other than in this code to a statute or a part of a statute revised
  by, or redesignated as part of, this code is considered to be a
  reference to the part of this code that revises that statute or part
  of that statute or contains the redesignated statute or part of the
  statute, as applicable.
         (b)  A reference in Subtitle X, Y, or Z, Title 2, or Title 25
  to a chapter, a part, a subpart, a section, or any portion of a
  section "of this code" is a reference to the chapter, part, subpart,
  section, or portion of a section as redesignated in the Estates
  Code, except that:
               (1)  a reference in Subtitle X, Y, or Z, Title 2, or
  Title 25 to Chapter I is a reference to Chapter I, Estates Code, and
  to the revision of sections derived from Chapter I, Texas Probate
  Code, and any reenactments and amendments to those sections; and
               (2)  a reference in Subtitle X, Y, or Z, Title 2, or
  Title 25 to a chapter, part, subpart, section, or portion of a
  section that does not exist in the Estates Code is a reference to
  the revision of the corresponding chapter, part, subpart, section,
  or portion of a section of the Texas Probate Code and any
  reenactments or amendments. (New.)
         Sec. 21.004.  EFFECT OF DIVISION OF LAW.  The division of
  this code into titles, subtitles, chapters, subchapters, parts,
  subparts, sections, subsections, subdivisions, paragraphs, and
  subparagraphs is for convenience and does not have any legal
  effect.  (Tex. Prob. Code, Sec. 2(c); New.)
         Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS.  
  Notwithstanding Section 21.002 of this code and Section 311.002,
  Government Code:
               (1)  Section 311.032(c), Government Code, applies to
  Subtitles X, Y, and Z of Title 2 and Title 25; and
               (2)  Sections 311.005(4) and 311.012(b) and (c),
  Government Code, apply to Subtitles X, Y, and Z of Title 2.  (New.)
         Sec. 21.006.  APPLICABILITY TO PROBATE PROCEEDINGS.  The
  procedure prescribed by Title 2 governs all probate proceedings.
  (Tex. Prob. Code, Sec. 2(a) (part).)
  CHAPTER 22. DEFINITIONS
  Sec. 22.001.  APPLICABILITY OF DEFINITIONS 
  Sec. 22.002.  AUTHORIZED CORPORATE SURETY 
  Sec. 22.003.  CHARITABLE ORGANIZATION 
  Sec. 22.004.  CHILD 
  Sec. 22.005.  CLAIMS 
  Sec. 22.006.  CORPORATE FIDUCIARY 
  Sec. 22.007.  COURT; COUNTY COURT, PROBATE COURT, AND
                 STATUTORY PROBATE COURT 
  Sec. 22.008.  DEVISE 
  Sec. 22.009.  DEVISEE 
  Sec. 22.010.  DISTRIBUTEE 
  Sec. 22.011.  DOCKET 
  Sec. 22.012.  ESTATE 
  Sec. 22.013.  EXEMPT PROPERTY 
  Sec. 22.014.  GOVERNMENTAL AGENCY OF THE STATE 
  Sec. 22.015.  HEIR 
  Sec. 22.016.  INCAPACITATED PERSON 
  Sec. 22.017.  INDEPENDENT EXECUTOR 
  Sec. 22.018.  INTERESTED PERSON; PERSON INTERESTED 
  Sec. 22.019.  JUDGE 
  Sec. 22.020.  LEGACY 
  Sec. 22.021.  LEGATEE 
  Sec. 22.022.  MINOR 
  Sec. 22.023.  MINUTES 
  Sec. 22.024.  MORTGAGE; LIEN 
  Sec. 22.025.  NET ESTATE 
  Sec. 22.026.  NEXT OF KIN 
  Sec. 22.027.  PERSON 
  Sec. 22.028.  PERSONAL PROPERTY 
  Sec. 22.029.  PROBATE MATTER; PROBATE PROCEEDINGS;
        
                 PROBATE 
  Sec. 22.030.  REAL PROPERTY 
  Sec. 22.031.  REPRESENTATIVE; PERSONAL REPRESENTATIVE 
  Sec. 22.032.  SURETY 
  Sec. 22.033.  WARD 
  Sec. 22.034.  WILL 
  CHAPTER 22. DEFINITIONS
         Sec. 22.001.  APPLICABILITY OF DEFINITIONS. (a) Except as
  provided by Subsection (b), the definition for a term provided by
  this chapter applies in this code unless a different meaning of the
  term is otherwise apparent from the context in which the term is
  used.
         (b)  If Chapter XIII provides a definition for a term that is
  different from the definition provided by this chapter, the
  definition for the term provided by Chapter XIII applies in that
  chapter. (Tex. Prob. Code, Sec. 3 (part).)
         Sec. 22.002.  AUTHORIZED CORPORATE SURETY. "Authorized
  corporate surety" means a domestic or foreign corporation
  authorized to engage in business in this state for the purpose of
  issuing surety, guaranty, or indemnity bonds that guarantee the
  fidelity of an executor or administrator. (Tex. Prob. Code, Sec.
  3(a).)
         Sec. 22.003.  CHARITABLE ORGANIZATION. "Charitable
  organization" means:
               (1)  a nonprofit corporation, trust, community chest,
  fund, foundation, or other entity that is:
                     (A)  exempt from federal income tax under Section
  501(a), Internal Revenue Code of 1986, by being described by
  Section 501(c)(3) of that code; and
                     (B)  organized and operated exclusively for:
                           (i)  religious, charitable, scientific,
  educational, or literary purposes;
                           (ii)  testing for public safety;
                           (iii)  preventing cruelty to children or
  animals; or
                           (iv)  promoting amateur sports competition;
  or
               (2)  any other entity that is organized and operated
  exclusively for the purposes listed in Section 501(c)(3), Internal
  Revenue Code of 1986. (Tex. Prob. Code, Sec. 3(kk).)
         Sec. 22.004.  CHILD. (a) "Child" includes an adopted child,
  regardless of whether the adoption occurred through:
               (1)  an existing or former statutory procedure; or
               (2)  acts of estoppel.
         (b)  The term "child" does not include a child who does not
  have a presumed father unless a provision of this code expressly
  states that a child who does not have a presumed father is included.
  (Tex. Prob. Code, Sec. 3(b).)
         Sec. 22.005.  CLAIMS. "Claims" includes:
               (1)  liabilities of a decedent that survive the
  decedent's death, including taxes, regardless of whether the
  liabilities arise in contract or tort or otherwise;
               (2)  funeral expenses;
               (3)  the expense of a tombstone;
               (4)  expenses of administration;
               (5)  estate and inheritance taxes; and
               (6)  debts due such estates. (Tex. Prob. Code, Sec.
  3(c).)
         Sec. 22.006.  CORPORATE FIDUCIARY. "Corporate fiduciary"
  means a financial institution, as defined by Section 201.101,
  Finance Code, that:
               (1)  is existing or engaged in business under the laws
  of this state, another state, or the United States;
               (2)  has trust powers; and
               (3)  is authorized by law to act under the order or
  appointment of a court of record, without giving bond, as receiver,
  trustee, executor, administrator, or, although the financial
  institution does not have general depository powers, depository for
  any money paid into the court, or to become sole guarantor or surety
  in or on any bond required to be given under the laws of this state.
  (Tex. Prob. Code, Sec. 3(d).)
         Sec. 22.007.  COURT; COUNTY COURT, PROBATE COURT, AND
  STATUTORY PROBATE COURT. (a) "Court" means and includes:
               (1)  a county court in the exercise of its probate
  jurisdiction;
               (2)  a court created by statute and authorized to
  exercise original probate jurisdiction; and
               (3)  a district court exercising original probate
  jurisdiction in a contested matter.
         (b)  The terms "county court" and "probate court" are
  synonymous and mean:
               (1)  a county court in the exercise of its probate
  jurisdiction;
               (2)  a court created by statute and authorized to
  exercise original probate jurisdiction; and
               (3)  a district court exercising probate jurisdiction
  in a contested matter.
         (c)  "Statutory probate court" means a court created by
  statute and designated as a statutory probate court under Chapter
  25, Government Code. For purposes of this code, the term does not
  include a county court at law exercising probate jurisdiction
  unless the court is designated a statutory probate court under
  Chapter 25, Government Code. (Tex. Prob. Code, Secs. 3(e), (g),
  (ii).)
         Sec. 22.008.  DEVISE. "Devise":
               (1)  used as a noun, includes a testamentary
  disposition of real property, personal property, or both; and
               (2)  used as a verb, means to dispose of real property,
  personal property, or both, by will. (Tex. Prob. Code, Sec. 3(h).)
         Sec. 22.009.  DEVISEE. "Devisee" includes a legatee. (Tex.
  Prob. Code, Sec. 3(i).)
         Sec. 22.010.  DISTRIBUTEE. "Distributee" means a person who
  is entitled to a part of the estate of a decedent under a lawful will
  or the statutes of descent and distribution. (Tex. Prob. Code, Sec.
  3(j).)
         Sec. 22.011.  DOCKET. "Docket" means the probate docket.
  (Tex. Prob. Code, Sec. 3(k).)
         Sec. 22.012.  ESTATE. "Estate" means a decedent's property,
  as that property:
               (1)  exists originally and as the property changes in
  form by sale, reinvestment, or otherwise;
               (2)  is augmented by any accretions and other additions
  to the property, including any property to be distributed to the
  decedent's representative by the trustee of a trust that terminates
  on the decedent's death, and substitutions for the property; and
               (3)  is diminished by any decreases in or distributions
  from the property. (Tex. Prob. Code, Sec. 3(l).)
         Sec. 22.013.  EXEMPT PROPERTY. "Exempt property" means the
  property in a decedent's estate that is exempt from execution or
  forced sale by the constitution or laws of this state, and any
  allowance paid instead of that property. (Tex. Prob. Code, Sec.
  3(m).)
         Sec. 22.014.  GOVERNMENTAL AGENCY OF THE STATE.
  "Governmental agency of the state" means:
               (1)  a municipality;
               (2)  a county;
               (3)  a public school district;
               (4)  a special-purpose district or authority;
               (5)  a board, commission, department, office, or other
  agency in the executive branch of state government, including an
  institution of higher education, as defined by Section 61.003,
  Education Code;
               (6)  the legislature or a legislative agency;
               (7)  the supreme court, the court of criminal appeals,
  a court of appeals, or a district, county, or justice of the peace
  court;
               (8)  a judicial agency having statewide jurisdiction;
  and
               (9)  the State Bar of Texas. (Tex. Prob. Code, Sec.
  3(ll).)
         Sec. 22.015.  HEIR. "Heir" means a person who is entitled
  under the statutes of descent and distribution to a part of the
  estate of a decedent who dies intestate. The term includes the
  decedent's surviving spouse. (Tex. Prob. Code, Sec. 3(o).)
         Sec. 22.016.  INCAPACITATED PERSON. A person is
  "incapacitated" if the person:
               (1)  is a minor;
               (2)  is an adult who, because of a physical or mental
  condition, is substantially unable to:
                     (A)  provide food, clothing, or shelter for
  himself or herself;
                     (B)  care for the person's own physical health; or
                     (C)  manage the person's own financial affairs; or
               (3)  must have a guardian appointed for the person to
  receive funds due the person from a governmental source. (Tex.
  Prob. Code, Sec. 3(p).)
         Sec. 22.017.  INDEPENDENT EXECUTOR. "Independent executor"
  means the personal representative of an estate under independent
  administration as provided by Section 145. The term includes an
  independent administrator. (Tex. Prob. Code, Sec. 3(q).)
         Sec. 22.018.  INTERESTED PERSON; PERSON INTERESTED.
  "Interested person" or "person interested" means:
               (1)  an heir, devisee, spouse, creditor, or any other
  having a property right in or claim against an estate being
  administered; and
               (2)  anyone interested in the welfare of an
  incapacitated person, including a minor. (Tex. Prob. Code, Sec.
  3(r).)
         Sec. 22.019.  JUDGE. "Judge" means the presiding judge of
  any court having original jurisdiction over probate proceedings,
  regardless of whether the court is:
               (1)  a county court in the exercise of its probate
  jurisdiction;
               (2)  a court created by statute and authorized to
  exercise probate jurisdiction; or
               (3)  a district court exercising probate jurisdiction
  in a contested matter. (Tex. Prob. Code, Sec. 3(f).)
         Sec. 22.020.  LEGACY. "Legacy" includes a gift or devise of
  real or personal property made by a will.  (Tex. Prob. Code, Sec.
  3(s) (part).)
         Sec. 22.021.  LEGATEE. "Legatee" includes a person who is
  entitled to a legacy under a will. (Tex. Prob. Code, Sec. 3(s)
  (part).)
         Sec. 22.022.  MINOR. "Minor" means a person younger than 18
  years of age who:
               (1)  has never been married; and
               (2)  has not had the disabilities of minority removed
  for general purposes. (Tex. Prob. Code, Sec. 3(t).)
         Sec. 22.023.  MINUTES. "Minutes" means the probate minutes.
  (Tex. Prob. Code, Sec. 3(u).)
         Sec. 22.024.  MORTGAGE; LIEN. "Mortgage" and "lien"
  include:
               (1)  a deed of trust;
               (2)  a vendor's lien, a mechanic's, materialman's, or
  laborer's lien, an attachment or garnishment lien, and a federal or
  state tax lien;
               (3)  a chattel mortgage;
               (4)  a judgment; and
               (5)  a pledge by hypothecation. (Tex. Prob. Code, Sec.
  3(v).)
         Sec. 22.025.  NET ESTATE. "Net estate" means a decedent's
  property excluding:
               (1)  homestead rights;
               (2)  exempt property;
               (3)  the family allowance; and
               (4)  an enforceable claim against the decedent's
  estate. (Tex. Prob. Code, Sec. 3(w).)
         Sec. 22.026.  NEXT OF KIN. "Next of kin" includes:
               (1)  an adopted child or the adopted child's
  descendants; and
               (2)  the adoptive parent of the adopted child. (Tex.
  Prob. Code, Sec. 3(jj).)
         Sec. 22.027.  PERSON. (a) "Person" includes a natural
  person and a corporation.
         (b)  The definition of "person" assigned by Section 311.005,
  Government Code, does not apply to any provision in this code.
  (Tex. Prob. Code, Sec. 3(x); New.)
         Sec. 22.028.  PERSONAL PROPERTY. "Personal property"
  includes an interest in:
               (1)  goods;
               (2)  money;
               (3)  a chose in action;
               (4)  an evidence of debt; and
               (5)  a real chattel. (Tex. Prob. Code, Sec. 3(z).)
         Sec. 22.029.  PROBATE MATTER; PROBATE PROCEEDINGS;
  PROCEEDING IN PROBATE; PROCEEDINGS FOR PROBATE. The terms "probate
  matter," "probate proceedings," "proceeding in probate," and
  "proceedings for probate" are synonymous and include a matter or
  proceeding relating to a decedent's estate. (Tex. Prob. Code, Sec.
  3(bb).)
         Sec. 22.030.  REAL PROPERTY. "Real property" includes
  estates and interests in land, whether corporeal or incorporeal or
  legal or equitable.  The term does not include a real chattel.
  (Tex. Prob. Code, Sec. 3(dd).)
         Sec. 22.031.  REPRESENTATIVE; PERSONAL REPRESENTATIVE. (a)
  "Representative" and "personal representative" include:
               (1)  an executor and independent executor;
               (2)  an administrator, independent administrator, and
  temporary administrator; and
               (3)  a successor to an executor or administrator listed
  in Subdivision (1) or (2).
         (b)  The inclusion of an independent executor in Subsection
  (a) may not be construed to subject an independent executor to the
  control of the courts in probate matters with respect to settlement
  of estates, except as expressly provided by law. (Tex. Prob. Code,
  Sec. 3(aa).)
         Sec. 22.032.  SURETY. "Surety" includes a personal surety
  and a corporate surety. (Tex. Prob. Code, Sec. 3(ee).)
         Sec. 22.033.  WARD. "Ward" means a person for whom a
  guardian has been appointed. (Tex. Prob. Code, Sec. 3(mm).)
         Sec. 22.034.  WILL. "Will" includes:
               (1)  a codicil; and
               (2)  a testamentary instrument that merely:
                     (A)  appoints an executor or guardian;
                     (B)  directs how property may not be disposed of;
  or
                     (C)  revokes another will. (Tex. Prob. Code, Sec.
  3(ff).)
  [Chapters 23-30 reserved for expansion]
  TITLE 2.  ESTATES OF DECEDENTS
  SUBTITLE A.  SCOPE, JURISDICTION, AND COURTS
  [Chapters 31-50 reserved for expansion]
  SUBTITLE B.  PROCEDURAL MATTERS
  CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL
  SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
  Sec. 51.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL 
  Sec. 51.002.  DIRECTION OF WRIT OR OTHER PROCESS 
  Sec. 51.003.  CONTENTS OF CITATION OR NOTICE 
  [Sections 51.004-51.050 reserved for expansion]
  SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS
  TO BE SERVED
  Sec. 51.051.  PERSONAL SERVICE 
  Sec. 51.052.  SERVICE BY MAIL 
  Sec. 51.053.  SERVICE BY POSTING 
  Sec. 51.054.  SERVICE BY PUBLICATION 
  Sec. 51.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD 
  Sec. 51.056.  SERVICE ON PERSONAL REPRESENTATIVE OR
                 RECEIVER 
  [Sections 51.057-51.100 reserved for expansion]
  SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
  Sec. 51.101.  REQUIREMENTS FOR RETURN ON CITATION OR
                 NOTICE SERVED BY PERSONAL SERVICE 
  Sec. 51.102.  VALIDITY OF SERVICE AND RETURN ON
                 CITATION OR NOTICE SERVED BY POSTING 
  Sec. 51.103.  PROOF OF SERVICE 
  Sec. 51.104.  RETURN TO COURT 
  [Sections 51.105-51.150 reserved for expansion]
  SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
  Sec. 51.151.  COURT-ORDERED ISSUANCE, SERVICE, AND
                 RETURN UNDER CERTAIN CIRCUMSTANCES 
  [Sections 51.152-51.200 reserved for expansion]
  SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS
  Sec. 51.201.  WAIVER OF NOTICE OF HEARING 
  Sec. 51.202.  REQUEST FOR NOTICE OF FILING OF PLEADING 
  Sec. 51.203.  SERVICE OF NOTICE OF INTENTION TO TAKE
                 DEPOSITIONS IN CERTAIN MATTERS 
  CHAPTER 51. NOTICES AND PROCESS IN PROBATE PROCEEDINGS IN GENERAL
  SUBCHAPTER A. ISSUANCE AND FORM OF NOTICE OR PROCESS
         Sec. 51.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL. (a)
  Except as provided by Subsection (b), a person is not required to be
  cited or otherwise given notice except in a situation in which this
  title expressly provides for citation or the giving of notice.
         (b)  If this title does not expressly provide for citation or
  the issuance or return of notice in a probate matter, the court may
  require that notice be given. A court that requires that notice be
  given may prescribe the form and manner of service of the notice and
  the return of service.
         (c)  Unless a court order is required by this title, the
  county clerk without a court order shall issue:
               (1)  necessary citations, writs, and other process in a
  probate matter; and
               (2)  all notices not required to be issued by a personal
  representative.  (Tex. Prob. Code, Secs. 33(a), (b).)
         Sec. 51.002.  DIRECTION OF WRIT OR OTHER PROCESS. (a)  A
  writ or other process other than a citation or notice must be
  directed "To any sheriff or constable within the State of Texas."
         (b)  Notwithstanding Subsection (a), a writ or other process
  other than a citation or notice may not be held defective because
  the process is directed to the sheriff or a constable of a named
  county if the process is properly served within that county by the
  sheriff or constable. (Tex. Prob. Code, Sec. 33(c) (part).)
         Sec. 51.003.  CONTENTS OF CITATION OR NOTICE.  (a) A
  citation or notice must:
               (1)  be directed to the person to be cited or notified;
               (2)  be dated;
               (3)  state the style and number of the proceeding;
               (4)  state the court in which the proceeding is
  pending;
               (5)  describe generally the nature of the proceeding or
  matter to which the citation or notice relates;
               (6)  direct the person being cited or notified to
  appear by filing a written contest or answer or to perform another
  required action; and
               (7)  state when and where the appearance or performance
  described by Subdivision (6) is required.
         (b)  A citation or notice issued by the county clerk must be
  styled "The State of Texas" and be signed by the clerk under the
  clerk's seal.
         (c)  A notice required to be given by a personal
  representative must be in writing and be signed by the
  representative in the representative's official capacity.
         (d)  A citation or notice is not required to contain a
  precept directed to an officer, but may not be held defective
  because the citation or notice contains a precept directed to an
  officer authorized to serve the citation or notice. (Tex. Prob.
  Code, Sec. 33(c) (part).)
  [Sections 51.004-51.050 reserved for expansion]
  SUBCHAPTER B. METHODS OF SERVING CITATION OR NOTICE; PERSONS
  TO BE SERVED
         Sec. 51.051.  PERSONAL SERVICE. (a)  Except as otherwise
  provided by Subsection (b), if personal service of citation or
  notice is required, the citation or notice must be served on the
  attorney of record for the person to be cited or notified.
  Notwithstanding the requirement of personal service, service may be
  made on that attorney by any method specified by Section 51.055 for
  service on an attorney of record.
         (b)  If the person to be cited or notified does not have an
  attorney of record in the proceeding, or if an attempt to serve the
  person's attorney is unsuccessful:
               (1)  the sheriff or constable shall serve the citation
  or notice by delivering a copy of the citation or notice to the
  person to be cited or notified, in person, if the person to whom the
  citation or notice is directed is in this state; or
               (2)  any disinterested person competent to make an oath
  that the citation or notice was served may serve the citation or
  notice, if the person to be cited or notified is absent from or is
  not a resident of this state.
         (c)  The return day of the citation or notice served under
  Subsection (b) must be at least 10 days after the date of service,
  excluding the date of service.
         (d)  If citation or notice attempted to be served as provided
  by Subsection (b) is returned with the notation that the person
  sought to be served, whether inside or outside this state, cannot be
  found, the county clerk shall issue a new citation or notice.
  Service of the new citation or notice must be made by publication.
  (Tex. Prob. Code, Sec. 33(f)(1) (part).)
         Sec. 51.052.  SERVICE BY MAIL. (a) The county clerk, or the
  personal representative if required by statute or court order,
  shall serve a citation or notice required or permitted to be served
  by regular mail by mailing the original citation or notice to the
  person to be cited or notified.
         (b)  Except as provided by Subsection (c), the county clerk
  shall issue a citation or notice required or permitted to be served
  by registered or certified mail and shall serve the citation or
  notice by mailing the original citation or notice by registered or
  certified mail.
         (c)  A personal representative shall issue a notice required
  to be given by the representative by registered or certified mail
  and shall serve the notice by mailing the original notice by
  registered or certified mail.
         (d)  The county clerk or personal representative, as
  applicable, shall mail a citation or notice under Subsection (b) or
  (c) with an instruction to deliver the citation or notice to the
  addressee only and with return receipt requested. The clerk or
  representative, as applicable, shall address the envelope
  containing the citation or notice to:
               (1)  the attorney of record in the proceeding for the
  person to be cited or notified; or
               (2)  the person to be cited or notified, if the citation
  or notice to the attorney is returned undelivered or the person to
  be cited or notified has no attorney of record in the proceeding.
         (e)  Service by mail shall be made at least 20 days before the
  return day of the service, excluding the date of service. The date
  of service by mail is the date of mailing.
         (f)  A copy of a citation or notice served under Subsection
  (a), (b), or (c), together with a certificate of the person serving
  the citation or notice showing that the citation or notice was
  mailed and the date of the mailing, shall be filed and recorded.  A
  returned receipt for a citation or notice served under Subsection
  (b) or (c) shall be attached to the certificate.
         (g)  If a citation or notice served by mail is returned
  undelivered, a new citation or notice shall be issued. Service of
  the new citation or notice must be made by posting. (Tex. Prob.
  Code, Sec. 33(f)(4).)
         Sec. 51.053.  SERVICE BY POSTING. (a) The county clerk
  shall deliver the original and a copy of a citation or notice
  required to be posted to the sheriff or a constable of the county in
  which the proceeding is pending. The sheriff or constable shall
  post the copy at the door of the county courthouse or the location
  in or near the courthouse where public notices are customarily
  posted.
         (b)  Citation or notice under this section must be posted for
  at least 10 days before the return day of the service, excluding the
  date of posting, except as provided by Section 51.102(b).  The date
  of service of citation or notice by posting is the date of posting.
         (c)  A sheriff or constable who posts a citation or notice
  under this section shall return the original citation or notice to
  the county clerk and state the date and location of the posting in a
  written return on the citation or notice.
         (d)  The method of service prescribed by this section applies
  when a personal representative is required or permitted to post a
  notice. The notice must be:
               (1)  issued in the name of the representative;
               (2)  addressed and delivered to, and posted and
  returned by, the appropriate officer; and
               (3)  filed with the county clerk. (Tex. Prob. Code,
  Sec. 33(f)(2).)
         Sec. 51.054.  SERVICE BY PUBLICATION. (a)  Citation or
  notice to a person to be served by publication shall be published
  one time in a newspaper of general circulation in the county in
  which the proceeding is pending. The publication must be made at
  least 10 days before the return day of the service, excluding the
  date of publication.
         (b)  The date of service of citation or notice by publication
  is the date of publication printed on the newspaper in which the
  citation or notice is published.
         (c)  If no newspaper is published, printed, or of general
  circulation in the county in which the citation or notice is to be
  published, the citation or notice under Subsection (a) shall be
  served by posting. (Tex. Prob. Code, Sec. 33(f)(3).)
         Sec. 51.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD.  (a) If
  a party is represented by an attorney of record in a probate
  proceeding, each citation or notice required to be served on the
  party in that proceeding shall be served instead on that attorney.
  A notice under this subsection may be served by delivery to the
  attorney in person or by registered or certified mail.
         (b)  A notice may be served on an attorney of record under
  this section by:
               (1)  another party to the proceeding;
               (2)  the attorney of record for another party to the
  proceeding;
               (3)  the appropriate sheriff or constable; or
               (4)  any other person competent to testify.
         (c)  Each of the following is prima facie evidence of the
  fact that service has been made under this section:
               (1)  the written statement of an attorney of record
  showing service;
               (2)  the return of the officer showing service; and
               (3)  the affidavit of any other person showing service.  
  (Tex. Prob. Code, Sec. 34.)
         Sec. 51.056.  SERVICE ON PERSONAL REPRESENTATIVE OR
  RECEIVER. Unless this title expressly provides for another method
  of service, the county clerk who issues a citation or notice
  required to be served on a personal representative or receiver
  shall serve the citation or notice by mailing the original citation
  or notice by registered or certified mail to:
               (1)  the representative's or receiver's attorney of
  record; or
               (2)  the representative or receiver, if the
  representative or receiver does not have an attorney of record.
  (Tex. Prob. Code, Sec. 33(e).)
  [Sections 51.057-51.100 reserved for expansion]
  SUBCHAPTER C. RETURN AND PROOF OF SERVICE OF CITATION OR NOTICE
         Sec. 51.101.  REQUIREMENTS FOR RETURN ON CITATION OR NOTICE
  SERVED BY PERSONAL SERVICE. The return of the person serving a
  citation or notice under Section 51.051 must:
               (1)  be endorsed on or attached to the citation or
  notice;
               (2)  state the date and place of service;
               (3)  certify that a copy of the citation or notice was
  delivered to the person directed to be served;
               (4)  be subscribed and sworn to before, and under the
  hand and official seal of, an officer authorized by the laws of this
  state to take an affidavit; and
               (5)  be returned to the county clerk who issued the
  citation or notice. (Tex. Prob. Code, Sec. 33(f)(1) (part).)
         Sec. 51.102.  VALIDITY OF SERVICE AND RETURN ON CITATION OR
  NOTICE SERVED BY POSTING. (a)  A citation or notice in a probate
  matter that is required to be served by posting and is issued in
  conformity with this title, and the service and return of service of
  the citation or notice, is valid if:
               (1)  a sheriff or constable posts a copy of the citation
  or notice at the location or locations prescribed by this title; and
               (2)  the posting occurs on a day preceding the return
  day of service specified in the citation or notice that provides
  sufficient time for the period the citation or notice must be posted
  to expire before the specified return day.
         (b)  The fact that a sheriff or constable, as applicable,
  makes the return of service on the citation or notice described by
  Subsection (a) and returns the citation or notice on which the
  return has been made to the court before the expiration of the
  period the citation or notice must be posted does not affect the
  validity of the citation or notice or the service or return of
  service.  This subsection applies even if the sheriff or constable
  makes the return of service and returns the citation or notice on
  which the return is made to the court on the same day the citation or
  notice is issued. (Tex. Prob. Code, Sec. 33(h).)
         Sec. 51.103.  PROOF OF SERVICE. (a)  Proof of service in
  each case requiring citation or notice must be filed before the
  hearing.
         (b)  Proof of service consists of:
               (1)  if the service is made by a sheriff or constable,
  the return of service;
               (2)  if the service is made by a private person, the
  person's affidavit;
               (3)  if the service is made by mail:
                     (A)  the certificate of the county clerk making
  the service, or the affidavit of the personal representative or
  other person making the service, stating that the citation or
  notice was mailed and the date of the mailing; and
                     (B)  the return receipt attached to the
  certificate or affidavit, as applicable, if the mailing was by
  registered or certified mail and a receipt has been returned; and
               (4)  if the service is made by publication, an
  affidavit:
                     (A)  made by the publisher of the newspaper in
  which the citation or notice was published or an employee of the
  publisher;
                     (B)  that contains or to which is attached a copy
  of the published citation or notice; and
                     (C)  that states the date of publication printed
  on the newspaper in which the citation or notice was published.
  (Tex. Prob. Code, Sec. 33(i).)
         Sec. 51.104.  RETURN TO COURT.  A citation or notice issued
  by a county clerk must be returned to the court from which the
  citation or notice was issued on the first Monday after the service
  is perfected.  (Tex. Prob. Code, Sec. 33(g).)
  [Sections 51.105-51.150 reserved for expansion]
  SUBCHAPTER D. ALTERNATIVE MANNER OF ISSUANCE, SERVICE, AND RETURN
         Sec. 51.151.  COURT-ORDERED ISSUANCE, SERVICE, AND RETURN
  UNDER CERTAIN CIRCUMSTANCES.  (a)  A citation or notice required by
  this title shall be issued, served, and returned in the manner
  specified by written order of the court in accordance with this
  title and the Texas Rules of Civil Procedure if:
               (1)  an interested person requests that action;
               (2)  a specific method is not provided by this title for
  giving the citation or notice;
               (3)  a specific method is not provided by this title for
  the service and return of citation or notice; or
               (4)  a provision relating to a matter described by
  Subdivision (2) or (3) is inadequate.
         (b)  Citation or notice issued, served, and returned in the
  manner specified by a court order as provided by Subsection (a) has
  the same effect as if the manner of service and return had been
  specified by this title. (Tex. Prob. Code, Sec. 33(d).)
  [Sections 51.152-51.200 reserved for expansion]
  SUBCHAPTER E. ADDITIONAL NOTICE PROVISIONS
         Sec. 51.201.  WAIVER OF NOTICE OF HEARING. (a) A legally
  competent person who is interested in a hearing in a probate
  proceeding may waive notice of the hearing in writing either in
  person or through an attorney.
         (b)  A trustee of a trust may waive notice under Subsection
  (a) on behalf of a beneficiary of the trust as provided by that
  subsection.
         (c)  A consul or other representative of a foreign government
  whose appearance has been entered as provided by law on behalf of a
  person residing in a foreign country may waive notice under
  Subsection (a) on the person's behalf as provided by that
  subsection.
         (d)  A person who submits to the jurisdiction of the court in
  a hearing is considered to have waived notice of the hearing. (Tex.
  Prob. Code, Sec. 35.)
         Sec. 51.202.  REQUEST FOR NOTICE OF FILING OF PLEADING. (a)  
  At any time after an application is filed to commence a probate
  proceeding, including a proceeding for the probate of a will, the
  grant of letters testamentary or of administration, or a
  determination of heirship, a person interested in the estate may
  file with the county clerk a written request to be notified of all,
  or any specified, motions, applications, or pleadings filed with
  respect to the proceeding by any person or by one or more persons
  specifically named in the request.  A person filing a request under
  this section is responsible for payment of the fees and other costs
  of providing a requested notice, and the clerk may require a deposit
  to cover the estimated costs of providing the notice. Thereafter,
  the clerk shall send to the requestor by regular mail a copy of any
  requested document.
         (b)  A county clerk's failure to comply with a request under
  this section does not invalidate any proceeding. (Tex. Prob. Code,
  Sec. 33(j).)
         Sec. 51.203.  SERVICE OF NOTICE OF INTENTION TO TAKE
  DEPOSITIONS IN CERTAIN MATTERS.  (a)  If a will is to be probated, or
  in another probate matter in which there is no opposing party or
  attorney of record on whom to serve notice and copies of
  interrogatories, service may be made by posting notice of the
  intention to take depositions for a period of 10 days as provided by
  Section 51.053 governing a posting of notice.
         (b)  When notice by posting under Subsection (a) is filed
  with the county clerk, a copy of the interrogatories must also be
  filed.
         (c)  At the expiration of the 10-day period prescribed by
  Subsection (a):
               (1)  commission may issue for taking the depositions
  for which the notice was posted; and
               (2)  the judge may file cross-interrogatories if no
  person appears.  (Tex. Prob. Code, Sec. 22 (part).)
  CHAPTER 52. FILING AND RECORDKEEPING
  SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
  Sec. 52.001.  PROBATE DOCKET 
  Sec. 52.002.  CLAIM DOCKET 
  Sec. 52.003.  PROBATE FEE BOOK 
  Sec. 52.004.  ALTERNATE RECORDKEEPING 
  [Sections 52.005-52.050 reserved for expansion]
  SUBCHAPTER B. FILES; INDEX
  Sec. 52.051.  FILING PROCEDURES 
  Sec. 52.052.  CASE FILES 
  Sec. 52.053.  INDEX 
  CHAPTER 52. FILING AND RECORDKEEPING
  SUBCHAPTER A. RECORDKEEPING REQUIREMENTS
         Sec. 52.001.  PROBATE DOCKET.  (a)  The county clerk shall
  maintain a record book titled "Judge's Probate Docket" and shall
  record in the book:
               (1)  the name of each person with respect to whom, or
  with respect to whose estate, proceedings are commenced or sought
  to be commenced;
               (2)  the name of each executor, administrator, or
  applicant for letters testamentary or of administration;
               (3)  the date each original application for probate
  proceedings is filed;
               (4)  a minute of each order, judgment, decree, and
  proceeding that occurs in each estate, including the date it
  occurs; and
               (5)  the docket number of each estate as assigned under
  Subsection (b).
         (b)  The county clerk shall assign a docket number to each
  estate in the order proceedings are commenced.  (Tex. Prob. Code,
  Sec. 13 (part).)
         Sec. 52.002.  CLAIM DOCKET.  (a)  The county clerk shall
  maintain a record book titled "Claim Docket" and shall record in the
  book each claim that is presented against an estate for the court's
  approval.
         (b)  The county clerk shall assign one or more pages of the
  record book to each estate.
         (c)  The claim docket must be ruled in 16 columns at proper
  intervals from top to bottom, with a short note of the contents at
  the top of each column.   The county clerk shall record for each
  claim, in the order claims are filed, the following information in
  the respective columns, beginning with the first or marginal
  column:
               (1)  the name of the claimant;
               (2)  the amount of the claim;
               (3)  the date of the claim;
               (4)  the date the claim is filed;
               (5)  the date the claim is due;
               (6)  the date the claim begins bearing interest;
               (7)  the interest rate;
               (8)  the date the claim is allowed by the executor or
  administrator, if applicable;
               (9)  the amount allowed by the executor or
  administrator, if applicable;
               (10)  the date the claim is rejected, if applicable;
               (11)  the date the claim is approved, if applicable;
               (12)  the amount approved for the claim, if applicable;
               (13)  the date the claim is disapproved, if applicable;
               (14)  the class to which the claim belongs;
               (15)  the date the claim is established by a judgment of
  a court, if applicable; and
               (16)  the amount of the judgment established under
  Subdivision (15), if applicable. (Tex. Prob. Code, Sec. 14.)
         Sec. 52.003.  PROBATE FEE BOOK.  (a)  The county clerk shall
  maintain a record book titled "Probate Fee Book" and shall record in
  the book each item of cost that accrues to the officers of the court
  and any witness fees.
         (b)  Each record entry must include:
               (1)  the party to whom the cost or fee is due;
               (2)  the date the cost or fee accrued;
               (3)  the estate or party liable for the cost or fee; and
               (4)  the date the cost or fee is paid. (Tex. Prob. Code,
  Sec. 16.)
         Sec. 52.004.  ALTERNATE RECORDKEEPING.  Instead of
  maintaining the record books described by Sections 52.001, 52.002,
  and 52.003, the county clerk may maintain the information described
  by those sections relating to a person's or estate's probate
  proceedings:
               (1)  on a computer file;
               (2)  on microfilm;
               (3)  in the form of a digitized optical image; or
               (4)  in another similar form of data compilation.  
  (Tex. Prob. Code, Sec. 17.)
  [Sections 52.005-52.050 reserved for expansion]
  SUBCHAPTER B. FILES; INDEX
         Sec. 52.051.  FILING PROCEDURES.  (a)  An application for a
  probate proceeding, complaint, petition, or other paper permitted
  or required by law to be filed with a court in a probate matter must
  be filed with the county clerk of the appropriate county.
         (b)  Each paper filed in an estate must be given the docket
  number assigned to the estate.
         (c)  On receipt of a paper described by Subsection (a), the
  county clerk shall:
               (1)  file the paper; and
               (2)  endorse on the paper:
                     (A)  the date the paper is filed;
                     (B)  the docket number; and
                     (C)  the clerk's official signature. (Tex. Prob.
  Code, Secs. 11, 13(e) (part).)
         Sec. 52.052.  CASE FILES.  (a)  The county clerk shall
  maintain a case file for the estate of each decedent for which a
  probate proceeding has been filed.
         (b)  Each case file must contain each order, judgment, and
  proceeding of the court and any other probate filing with the court,
  including each:
               (1)  application for the probate of a will;
               (2)  application for the granting of administration;
               (3)  citation and notice, whether published or posted,
  including the return on the citation or notice;
               (4)  will and the testimony on which the will is
  admitted to probate;
               (5)  bond and official oath;
               (6)  inventory, appraisement, and list of claims;
               (7)  exhibit and account;
               (8)  report of renting;
               (9)  application for sale or partition of real estate;
               (10)  report of sale;
               (11)  report of the commissioners of partition;
               (12)  application for authority to execute a lease for
  mineral development, or for pooling or unitization of lands,
  royalty, or other interest in minerals, or to lend or invest money;
  and
               (13)  report of lending or investing money.  
         (c)  Only the substance of a deposition must be recorded
  under Subsection (b)(4).  (Tex. Prob. Code, Sec. 15.)
         Sec. 52.053.  INDEX.  (a)  The county clerk shall properly
  index the records required under this chapter.
         (b)  The county clerk shall keep the index open for public
  inspection, but may not release the index from the clerk's custody.
  (Tex. Prob. Code, Sec. 17A.)
  CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
  SUBCHAPTER A. ENFORCEMENT OF ORDERS
  Sec. 53.001.  ENFORCEMENT OF JUDGE'S ORDERS 
  [Sections 53.002-53.050 reserved for expansion]
  SUBCHAPTER B. COSTS AND SECURITY
  Sec. 53.051.  APPLICABILITY OF CERTAIN LAWS 
  Sec. 53.052.  SECURITY FOR CERTAIN COSTS 
  Sec. 53.053.  EXEMPTION FROM PROBATE FEES FOR ESTATES
                 OF CERTAIN MILITARY SERVICEMEMBERS 
  [Sections 53.054-53.100 reserved for expansion]
  SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS
  Sec. 53.101.  CALLING OF DOCKETS 
  Sec. 53.102.  SETTING OF CERTAIN HEARINGS BY CLERK 
  Sec. 53.103.  RENDERING OF DECISIONS, ORDERS, DECREES,
                 AND JUDGMENTS 
  Sec. 53.104.  APPOINTMENT OF ATTORNEYS AD LITEM 
  Sec. 53.105.  SIGNING OF MINUTES 
  Sec. 53.106.  EXECUTIONS IN PROBATE MATTERS 
  CHAPTER 53. OTHER COURT DUTIES AND PROCEDURES
  SUBCHAPTER A. ENFORCEMENT OF ORDERS
         Sec. 53.001.  ENFORCEMENT OF JUDGE'S ORDERS. A judge may
  enforce the judge's lawful orders against an executor or
  administrator by attachment and confinement. Unless this title
  expressly provides otherwise, the term of confinement for any one
  offense under this section may not exceed three days.  (Tex. Prob.
  Code, Sec. 24.)
  [Sections 53.002-53.050 reserved for expansion]
  SUBCHAPTER B. COSTS AND SECURITY
         Sec. 53.051.  APPLICABILITY OF CERTAIN LAWS. A law
  regulating costs in ordinary civil cases applies to a probate
  matter when not expressly provided for in this title. (Tex. Prob.
  Code, Sec. 12(a).)
         Sec. 53.052.  SECURITY FOR CERTAIN COSTS. (a)  The clerk may
  require a person who files an application, complaint, or opposition
  relating to an estate, other than the personal representative of
  the estate, to provide security for the probable costs of the
  proceeding before filing the application, complaint, or
  opposition.
         (b)  At any time before the trial of an application,
  complaint, or opposition described by Subsection (a), anyone
  interested in the estate or an officer of the court may, by written
  motion, obtain from the court an order requiring the person who
  filed the application, complaint, or opposition to provide security
  for the probable costs of the proceeding. The rules governing civil
  suits in the county court with respect to giving security for the
  probable costs of a proceeding control in cases described by
  Subsection (a) and this subsection.
         (c)  An executor or administrator appointed by a court of
  this state may not be required to provide security for costs in an
  action brought by the executor or administrator in the executor's
  or administrator's fiduciary capacity. (Tex. Prob. Code, Secs.
  12(b), (c).)
         Sec. 53.053.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF
  CERTAIN MILITARY SERVICEMEMBERS. (a)  In this section, "combat
  zone" means an area that the president of the United States by
  executive order designates for purposes of 26 U.S.C. Section 112 as
  an area in which armed forces of the United States are or have
  engaged in combat.
         (b)  Notwithstanding any other law, the clerk of a county
  court may not charge, or collect from, the estate of a decedent any
  of the following fees if the decedent died while in active service
  as a member of the armed forces of the United States in a combat
  zone:
               (1)  a fee for or associated with the filing of the
  decedent's will for probate; and
               (2)  a fee for any service rendered by the probate court
  regarding the administration of the decedent's estate.  (Tex. Prob.
  Code, Sec. 11A.)
  [Sections 53.054-53.100 reserved for expansion]
  SUBCHAPTER C. PROCEDURES FOR PROBATE MATTERS
         Sec. 53.101.  CALLING OF DOCKETS. The judge in whose court
  probate proceedings are pending, at times determined by the judge,
  shall:
               (1)  call the estates of decedents in the estates' 
  regular order on both the probate and claim dockets; and
               (2)  issue orders as necessary. (Tex. Prob. Code, Sec.
  19.)
         Sec. 53.102.  SETTING OF CERTAIN HEARINGS BY CLERK. (a)  If
  a judge is unable to designate the time and place for hearing a
  probate matter pending in the judge's court because the judge is
  absent from the county seat or is on vacation, disqualified, ill, or
  deceased, the county clerk of the county in which the matter is
  pending may:
               (1)  designate the time and place for hearing;
               (2)  enter the setting on the judge's docket; and
               (3)  certify on the docket the reason that the judge is
  not acting to set the hearing.
         (b)  If, after the perfection of the service of notices and
  citations required by law concerning the time and place of hearing,
  a qualified judge is not present for a hearing set under Subsection
  (a), the hearing is automatically continued from day to day until a
  qualified judge is present to hear and determine the matter. (Tex.
  Prob. Code, Sec. 20.)
         Sec. 53.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND
  JUDGMENTS. The county court shall render all decisions, orders,
  decrees, and judgments in probate matters in open court, except as
  otherwise specially provided. (Tex. Prob. Code, Sec. 23 (part).)
         Sec. 53.104.  APPOINTMENT OF ATTORNEYS AD LITEM. (a) Except
  as provided by Section 202.009(b), the judge of a probate court may
  appoint an attorney ad litem in any probate proceeding to represent
  the interests of:
               (1)  a person who has a legal disability;
               (2)  a nonresident;
               (3)  an unborn or unascertained person; or
               (4)  an unknown heir.
         (b)  An attorney ad litem appointed under this section is
  entitled to reasonable compensation for services provided in the
  amount set by the court, to be taxed as costs in the proceeding.
  (Tex. Prob. Code, Sec. 34A.)
         Sec. 53.105.  SIGNING OF MINUTES. (a)  Except as provided by
  Subsection (b), the judge shall approve and sign the minutes on the
  first day of each month.
         (b)  If the first day of the month falls on a Sunday, the
  judge's approval must be entered on the preceding or succeeding
  day. (Tex. Prob. Code, Sec. 23 (part).)
         Sec. 53.106.  EXECUTIONS IN PROBATE MATTERS. (a)  An
  execution in a probate matter must be:
               (1)  directed "to any sheriff or any constable within
  the State of Texas";
               (2)  attested and signed by the clerk officially under
  court seal; and
               (3)  made returnable in 60 days.
         (b)  A proceeding under an execution described by Subsection
  (a) is governed, to the extent applicable, by the laws regulating a
  proceeding under an execution issued by a district court.
         (c)  Notwithstanding Subsection (a), an execution directed
  to the sheriff or a constable of a specific county in this state may
  not be held defective if properly executed within that county by the
  sheriff or constable to whom the execution is directed. (Tex. Prob.
  Code, Sec. 25.)
  CHAPTER 54. PLEADINGS AND EVIDENCE IN GENERAL
  SUBCHAPTER A. PLEADINGS
  Sec. 54.001.  EFFECT OF FILING OR CONTESTING PLEADING 
  Sec. 54.002.  DEFECT IN PLEADING 
  [Sections 54.003-54.050 reserved for expansion]
  SUBCHAPTER B. EVIDENCE
  Sec. 54.051.  APPLICABILITY OF CERTAIN RULES RELATING
                 TO WITNESSES AND EVIDENCE 
  Sec. 54.052.  USE OF CERTAIN RECORDS AS EVIDENCE 
  CHAPTER 54.  PLEADINGS AND EVIDENCE IN GENERAL
  SUBCHAPTER A.  PLEADINGS
         Sec. 54.001.  EFFECT OF FILING OR CONTESTING PLEADING. (a)  
  The filing or contesting in probate court of a pleading relating to
  a decedent's estate does not constitute tortious interference with
  inheritance of the estate.
         (b)  This section does not abrogate any right of a person
  under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil
  Practice and Remedies Code.  (Tex. Prob. Code, Sec. 10C.)
         Sec. 54.002.  DEFECT IN PLEADING. A court may not invalidate
  a pleading in probate, or an order based on the pleading, on the
  basis of a defect of form or substance in the pleading unless a
  timely objection has been made against the defect and the defect has
  been called to the attention of the court in which the proceeding
  was or is pending.  (Tex. Prob. Code, Sec. 9.)
  [Sections 54.003-54.050 reserved for expansion]
  SUBCHAPTER B.  EVIDENCE
         Sec. 54.051.  APPLICABILITY OF CERTAIN RULES RELATING TO
  WITNESSES AND EVIDENCE. Except as provided by Section 51.203, the
  rules relating to witnesses and evidence that apply in the district
  court apply in a proceeding arising under this title to the extent
  practicable. (Tex. Prob. Code, Sec. 22 (part).)
         Sec. 54.052.  USE OF CERTAIN RECORDS AS EVIDENCE. The
  following are admissible as evidence in any court of this state:
               (1)  record books described by Sections 52.001, 52.002,
  and 52.003 and individual case files described by Section 52.052,
  including records maintained in a manner allowed under Section
  52.004; and
               (2)  certified copies or reproductions of the records.  
  (Tex. Prob. Code, Sec. 18.)
  CHAPTER 55. COMPLAINTS AND CONTESTS
  SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT
  Sec. 55.001.  OPPOSITION IN PROBATE PROCEEDING 
  Sec. 55.002.  TRIAL BY JURY 
  [Sections 55.003-55.050 reserved for expansion]
  SUBCHAPTER B. INSTITUTION OF HIGHER EDUCATION OR CHARITABLE ORGANIZATION AS PARTY TO CERTAIN ACTIONS
  ORGANIZATION AS PARTY TO CERTAIN ACTIONS
  Sec. 55.051.  DEFINITION 
  Sec. 55.052.  NECESSARY PARTY 
  Sec. 55.053.  SERVICE OF PROCESS 
  [Sections 55.054-55.100 reserved for expansion]
  SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT
  Sec. 55.101.  ENTITLEMENT TO PRODUCTION OF
                 COMMUNICATIONS AND RECORDS 
  Sec. 55.102.  RELEASE OF RECORDS 
  [Sections 55.103-55.150 reserved for expansion]
  SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY
  Sec. 55.151.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT 
  Sec. 55.152.  BOND 
  [Sections 55.153-55.200 reserved for expansion]
  SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE
  Sec. 55.201.  COMPLAINT AND CITATION 
  Sec. 55.202.  HEARING AND ORDER 
  Sec. 55.203.  CONVEYANCE 
  [Sections 55.204-55.250 reserved for expansion]
  SUBCHAPTER F. BILL OF REVIEW
  Sec. 55.251.  REVISION AND CORRECTION OF ORDER IN
                 PROBATE PROCEEDING 
  Sec. 55.252.  INJUNCTION 
  CHAPTER 55.  COMPLAINTS AND CONTESTS
  SUBCHAPTER A. CONTEST OF PROCEEDINGS IN PROBATE COURT
         Sec. 55.001.  OPPOSITION IN PROBATE PROCEEDING. A person
  interested in an estate may, at any time before the court decides an
  issue in a proceeding, file written opposition regarding the issue.  
  The person is entitled to process for witnesses and evidence, and to
  be heard on the opposition, as in other suits.  (Tex. Prob. Code,
  Sec. 10.)
         Sec. 55.002.  TRIAL BY JURY. In a contested probate or
  mental illness proceeding in a probate court, a party is entitled to
  a jury trial as in other civil actions. (Tex. Prob. Code, Sec. 21.)
  [Sections 55.003-55.050 reserved for expansion]
  SUBCHAPTER B.  INSTITUTION OF HIGHER EDUCATION OR CHARITABLE
  ORGANIZATION AS PARTY TO CERTAIN ACTIONS
         Sec. 55.051.  DEFINITION. In this subchapter, "institution
  of higher education" has the meaning assigned by Section 61.003,
  Education Code.  (Tex. Prob. Code, Sec. 10A(a) (part).)
         Sec. 55.052.  NECESSARY PARTY. An institution of higher
  education, a private institution of higher education, or a
  charitable organization that is a distributee under a will is a
  necessary party to a will contest or will construction suit
  involving the will.  (Tex. Prob. Code, Sec. 10A(a) (part).)
         Sec. 55.053.  SERVICE OF PROCESS. The court shall serve an
  institution or organization that is a necessary party under Section
  55.052 in the manner provided by this title for service on other
  parties.  (Tex. Prob. Code, Sec. 10A(b).)
  [Sections 55.054-55.100 reserved for expansion]
  SUBCHAPTER C. MENTAL CAPACITY OF DECEDENT
         Sec. 55.101.  ENTITLEMENT TO PRODUCTION OF COMMUNICATIONS
  AND RECORDS. Notwithstanding Subtitle B, Title 3, Occupations
  Code, a person who is a party to a will contest or proceeding in
  which a party relies on the mental or testamentary capacity of a
  decedent before the decedent's death as part of the party's claim or
  defense is entitled to production of all communications or records
  relevant to the decedent's condition before the decedent's death.  
  (Tex. Prob. Code, Sec. 10B (part).)
         Sec. 55.102.  RELEASE OF RECORDS. On receipt of a subpoena
  for communications or records described by Section 55.101 and a
  file-stamped copy of the will contest or proceeding described by
  that section, the appropriate physician, hospital, medical
  facility, custodian of records, or other person in possession of
  the communications or records shall release the communications or
  records to the requesting party without further authorization.
  (Tex. Prob. Code, Sec. 10B (part).)
  [Sections 55.103-55.150 reserved for expansion]
  SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY
         Sec. 55.151.  ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT. (a)
  If a person interested in an estate files with the judge a written
  complaint made under oath alleging that the executor or
  administrator of the estate is about to remove the estate or part of
  the estate outside of the state, the judge may order a writ of
  attachment to issue, directed "to any sheriff or any constable
  within the State of Texas."  The writ must order the sheriff or
  constable to:
               (1)  seize the estate or a part of the estate; and
               (2)  hold that property subject to the judge's
  additional orders regarding the complaint.
         (b)  Notwithstanding Subsection (a), a writ of attachment
  directed to the sheriff or constable of a specific county within the
  state is not defective if the writ was properly executed in that
  county by that officer.  (Tex. Prob. Code, Sec. 26 (part).)
         Sec. 55.152.  BOND. Before a writ of attachment ordered
  under Section 55.151 may be issued, the complainant must execute a
  bond that is:
               (1)  payable to the executor or administrator of the
  estate;
               (2)  in an amount set by the judge; and
               (3)  conditioned for the payment of all damages and
  costs that are recovered for the wrongful suing out of the writ.  
  (Tex. Prob. Code, Sec. 26 (part).)
  [Sections 55.153-55.200 reserved for expansion]
  SUBCHAPTER E. SPECIFIC PERFORMANCE OF AGREEMENT TO TRANSFER TITLE
         Sec. 55.201.  COMPLAINT AND CITATION.  (a)  If a person sold
  property and entered into a bond or other written agreement to
  transfer title to the property and then died without transferring
  the title, the owner of the bond or agreement or the owner's legal
  representative may:
               (1)  file a written complaint in the court of the county
  in which letters testamentary or of administration on the
  decedent's estate were granted; and
               (2)  have the personal representative of the estate
  cited to appear on a date stated in the citation and show cause why
  specific performance of the bond or agreement should not be
  ordered.
         (b)  Except as provided by Subsection (c), the bond or
  agreement must be filed with the complaint described by Subsection
  (a).
         (c)  If good cause under oath is shown why the bond or written
  agreement cannot be filed with the complaint, the bond or agreement
  or the substance of the bond or agreement must be stated in the
  complaint.  (Tex. Prob. Code, Sec. 27 (part).)
         Sec. 55.202.  HEARING AND ORDER. (a)  After service of the
  citation under Section 55.201, the court shall hear the complaint
  and the evidence on the complaint.
         (b)  The court shall order the personal representative to
  transfer title to the property, according to the tenor of the bond
  or agreement, to the complainant if the judge is satisfied from the
  proof that:
               (1)  the bond or agreement was legally executed by the
  decedent; and
               (2)  the complainant has a right to demand specific
  performance.
         (c)  The order must fully describe the property to be
  transferred.  (Tex. Prob. Code, Sec. 27 (part).)
         Sec. 55.203.  CONVEYANCE. (a) A conveyance made under this
  subchapter must refer to and identify the court order authorizing
  the conveyance. On delivery of the conveyance, all the right and
  title to the property conveyed that the decedent had vests in the
  person to whom the conveyance is made.
         (b)  A conveyance under this subchapter is prima facie
  evidence that all requirements of the law for obtaining the
  conveyance have been complied with. (Tex. Prob. Code, Sec. 27
  (part).)
  [Sections 55.204-55.250 reserved for expansion]
  SUBCHAPTER F.  BILL OF REVIEW
         Sec. 55.251.  REVISION AND CORRECTION OF ORDER IN PROBATE
  PROCEEDING.  (a)  An interested person may, by a bill of review
  filed in the court in which the probate proceedings were held, have
  an order rendered by the court revised and corrected on a showing of
  error in the order.
         (b)  A bill of review to revise and correct an order may not
  be filed more than two years after the date of the order. (Tex.
  Prob. Code, Sec. 31 (part).)
         Sec. 55.252.  INJUNCTION. A process or action under a court
  order subject to a bill of review filed under Section 55.251 may be
  stayed only by writ of injunction.  (Tex. Prob. Code, Sec. 31
  (part).)
  CHAPTER 56. CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL REPRESENTATIVE FOR SERVICE OF PROCESS
  REPRESENTATIVE FOR SERVICE OF PROCESS
  Sec. 56.001.  CHANGE OF RESIDENT AGENT 
  Sec. 56.002.  RESIGNATION OF RESIDENT AGENT 
  CHAPTER 56.  CHANGE AND RESIGNATION OF RESIDENT AGENT OF PERSONAL
  REPRESENTATIVE FOR SERVICE OF PROCESS
         Sec. 56.001.  CHANGE OF RESIDENT AGENT.  (a)  A personal
  representative of an estate may change the representative's
  resident agent to accept service of process in a probate proceeding
  or other action relating to the estate by filing with the court in
  which the probate proceeding is pending a statement titled
  "Designation of Successor Resident Agent" that states the names and
  addresses of:
               (1)  the representative;
               (2)  the resident agent; and
               (3)  the successor resident agent.
         (b)  The designation of a successor resident agent takes
  effect on the date a statement under Subsection (a) is filed with
  the court.  (Tex. Prob. Code, Sec. 221A.)
         Sec. 56.002.  RESIGNATION OF RESIDENT AGENT.  (a)  A resident
  agent of a personal representative may resign as resident agent by
  giving notice to the representative and filing with the court in
  which the probate proceeding is pending a statement titled
  "Resignation of Resident Agent" that states:
               (1)  the name of the representative;
               (2)  the representative's address most recently known
  by the resident agent;
               (3)  that notice of the resignation has been given to
  the representative and the date that notice was given; and
               (4)  that the representative has not designated a
  successor resident agent.
         (b)  The resident agent shall send, by certified mail, return
  receipt requested, a copy of a resignation statement filed under
  Subsection (a) to:
               (1)  the personal representative at the address most
  recently known by the resident agent; and
               (2)  each party in the case or the party's attorney or
  other designated representative of record.
         (c)  The resignation of a resident agent takes effect on the
  date the court enters an order accepting the resignation. A court
  may not enter an order accepting the resignation unless the
  resident agent complies with this section.  (Tex. Prob. Code, Sec.
  221B.)
  [Chapters 57-100 reserved for expansion]
  SUBTITLE C. PASSAGE OF TITLE AND DISTRIBUTION OF DECEDENTS' 
  PROPERTY IN GENERAL
  CHAPTER 101. ESTATE ASSETS IN GENERAL
  SUBCHAPTER A. PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH
  Sec. 101.001.  PASSAGE OF ESTATE ON DECEDENT'S DEATH 
  Sec. 101.002.  EFFECT OF JOINT OWNERSHIP OF PROPERTY 
  Sec. 101.003.  POSSESSION OF ESTATE BY PERSONAL
                  REPRESENTATIVE 
  [Sections 101.004-101.050 reserved for expansion]
  SUBCHAPTER B. LIABILITY OF ESTATE FOR DEBTS
  Sec. 101.051.  LIABILITY OF ESTATE FOR DEBTS IN GENERAL 
  Sec. 101.052.  LIABILITY OF COMMUNITY PROPERTY FOR
                  DEBTS OF DECEASED SPOUSE 
  CHAPTER 101.  ESTATE ASSETS IN GENERAL
  SUBCHAPTER A.  PASSAGE AND POSSESSION OF DECEDENT'S ESTATE ON DEATH
         Sec. 101.001.  PASSAGE OF ESTATE ON DECEDENT'S DEATH. (a)
  Subject to Section 101.051, if a person dies leaving a lawful will:
               (1)  all of the person's estate that is devised by the
  will vests immediately in the devisees;
               (2)  all powers of appointment granted in the will vest
  immediately in the donees of those powers; and
               (3)  all of the person's estate that is not devised by
  the will vests immediately in the person's heirs at law.
         (b)  Subject to Section 101.051, the estate of a person who
  dies intestate vests immediately in the person's heirs at law.
  (Tex. Prob. Code, Sec. 37 (part).)
         Sec. 101.002.  EFFECT OF JOINT OWNERSHIP OF PROPERTY. If two
  or more persons hold an interest in property jointly and one joint
  owner dies before severance, the interest of the decedent in the
  joint estate:
               (1)  does not survive to the remaining joint owner or
  owners; and
               (2)  passes by will or intestacy from the decedent as if
  the decedent's interest had been severed. (Tex. Prob. Code, Sec.
  46(a) (part).)
         Sec. 101.003.  POSSESSION OF ESTATE BY PERSONAL
  REPRESENTATIVE.  On the issuance of letters testamentary or of
  administration on an estate described by Section 101.001, the
  executor or administrator has the right to possession of the estate
  as the estate existed at the death of the testator or intestate,
  subject to the exceptions provided by Section 101.051. The
  executor or administrator shall recover possession of the estate
  and hold the estate in trust to be disposed of in accordance with
  the law. (Tex. Prob. Code, Sec. 37 (part).)
  [Sections 101.004-101.050 reserved for expansion]
  SUBCHAPTER B.  LIABILITY OF ESTATE FOR DEBTS
         Sec. 101.051.  LIABILITY OF ESTATE FOR DEBTS IN GENERAL.  (a)  
  A decedent's estate vests in accordance with Section 101.001(a)
  subject to the payment of:
               (1)  the debts of the decedent, except as exempted by
  law; and
               (2)  any court-ordered child support payments that are
  delinquent on the date of the decedent's death.
         (b)  A decedent's estate vests in accordance with Section
  101.001(b) subject to the payment of, and is still liable for:
               (1)  the debts of the decedent, except as exempted by
  law; and
               (2)  any court-ordered child support payments that are
  delinquent on the date of the decedent's death.  (Tex. Prob. Code,
  Sec. 37 (part).)
         Sec. 101.052.  LIABILITY OF COMMUNITY PROPERTY FOR DEBTS OF
  DECEASED SPOUSE. (a) The community property subject to the sole or
  joint management, control, and disposition of a spouse during
  marriage continues to be subject to the liabilities of that spouse
  on death.
         (b)  The interest that the deceased spouse owned in any other
  nonexempt community property passes to the deceased spouse's heirs
  or devisees charged with the debts that were enforceable against
  the deceased spouse before death.
         (c)  This section does not prohibit the administration of
  community property under other provisions of this title relating to
  the administration of an estate.  (Tex. Prob. Code, Secs. 155
  (part), 156 (part).)
  CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
  Sec. 102.001.  TREATMENT OF CERTAIN CHILDREN 
  Sec. 102.002.  HOMESTEAD RIGHTS NOT AFFECTED BY
                  CHARACTER OF THE HOMESTEAD 
  Sec. 102.003.  PASSAGE OF HOMESTEAD 
  Sec. 102.004.  LIABILITY OF HOMESTEAD FOR DEBTS 
  Sec. 102.005.  PROHIBITIONS ON PARTITION OF HOMESTEAD 
  Sec. 102.006.  CIRCUMSTANCES UNDER WHICH PARTITION OF
                  HOMESTEAD IS AUTHORIZED 
  CHAPTER 102. PROBATE ASSETS: DECEDENT'S HOMESTEAD
         Sec. 102.001.  TREATMENT OF CERTAIN CHILDREN.  For purposes
  of determining homestead rights, a child is a child of his or her
  mother and a child of his or her father, as provided by Sections
  201.051, 201.052, and 201.053.  (Tex. Prob. Code, Sec. 42(c)
  (part).)
         Sec. 102.002.  HOMESTEAD RIGHTS NOT AFFECTED BY CHARACTER OF
  THE HOMESTEAD. The homestead rights and the respective interests
  of the surviving spouse and children of a decedent are the same
  whether the homestead was the decedent's separate property or was
  community property between the surviving spouse and the decedent.
  (Tex. Prob. Code, Sec. 282.)
         Sec. 102.003.  PASSAGE OF HOMESTEAD. The homestead of a
  decedent who dies leaving a surviving spouse descends and vests on
  the decedent's death in the same manner as other real property of
  the decedent and is governed by the same laws of descent and
  distribution. (Tex. Prob. Code, Sec. 283.)
         Sec. 102.004.  LIABILITY OF HOMESTEAD FOR DEBTS. The
  homestead is not liable for the payment of any of the debts of the
  estate, other than:
               (1)  purchase money for the homestead;
               (2)  taxes due on the homestead;
               (3)  work and material used in constructing
  improvements on the homestead if the requirements of Section
  50(a)(5), Article XVI, Texas Constitution, are met;
               (4)  an owelty of partition imposed against the
  entirety of the property by a court order or written agreement of
  the parties to the partition, including a debt of one spouse in
  favor of the other spouse resulting from a division or an award of a
  family homestead in a divorce proceeding;
               (5)  the refinance of a lien against the homestead,
  including a federal tax lien resulting from the tax debt of both
  spouses, if the homestead is a family homestead, or from the tax
  debt of the decedent;
               (6)  an extension of credit on the homestead if the
  requirements of Section 50(a)(6), Article XVI, Texas Constitution,
  are met; or
               (7)  a reverse mortgage.  (Tex. Prob. Code, Sec. 270.)
         Sec. 102.005.  PROHIBITIONS ON PARTITION OF HOMESTEAD. The
  homestead may not be partitioned among the decedent's heirs:
               (1)  during the lifetime of the surviving spouse for as
  long as the surviving spouse elects to use or occupy the property as
  a homestead; or
               (2)  during the period the guardian of the decedent's
  minor children is permitted to use and occupy the homestead under a
  court order. (Tex. Prob. Code, Sec. 284.)
         Sec. 102.006.  CIRCUMSTANCES UNDER WHICH PARTITION OF
  HOMESTEAD IS AUTHORIZED. The homestead may be partitioned among
  the respective owners of the property in the same manner as other
  property held in common if:
               (1)  the surviving spouse dies, sells his or her
  interest in the homestead, or elects to no longer use or occupy the
  property as a homestead; or
               (2)  the court no longer permits the guardian of the
  minor children to use and occupy the property as a homestead. (Tex.
  Prob. Code, Sec. 285.)
  [Chapters 103-110 reserved for expansion]
  CHAPTER 111. NONPROBATE ASSETS IN GENERAL
  SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS
  BETWEEN JOINT TENANTS
  Sec. 111.001.  RIGHT OF SURVIVORSHIP AGREEMENTS
                  AUTHORIZED 
  Sec. 111.002.  AGREEMENTS CONCERNING COMMUNITY PROPERTY 
  [Sections 111.003-111.050 reserved for expansion]
  SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER
  OF CERTAIN ASSETS ON DEATH
  Sec. 111.051.  DEFINITIONS 
  Sec. 111.052.  VALIDITY OF CERTAIN NONTESTAMENTARY
                  INSTRUMENTS AND PROVISIONS 
  Sec. 111.053.  CREDITOR'S RIGHTS NOT LIMITED 
  CHAPTER 111. NONPROBATE ASSETS IN GENERAL
  SUBCHAPTER A. RIGHT OF SURVIVORSHIP AGREEMENTS
  BETWEEN JOINT TENANTS
         Sec. 111.001.  RIGHT OF SURVIVORSHIP AGREEMENTS AUTHORIZED.
  (a) Notwithstanding Section 101.002, two or more persons who hold
  an interest in property jointly may agree in writing that the
  interest of a joint owner who dies survives to the surviving joint
  owner or owners.
         (b)  An agreement described by Subsection (a) may not be
  inferred from the mere fact that property is held in joint
  ownership. (Tex. Prob. Code, Sec. 46(a) (part).)
         Sec. 111.002.  AGREEMENTS CONCERNING COMMUNITY PROPERTY.
  (a) Section 111.001 does not apply to an agreement between spouses
  regarding the spouses' community property.
         (b)  An agreement between spouses regarding a right of
  survivorship in community property is governed by Chapter 112.
  (Tex. Prob. Code, Sec. 46(b).)
  [Sections 111.003-111.050 reserved for expansion]
  SUBCHAPTER B. OTHER PROVISIONS FOR PAYMENT OR TRANSFER
  OF CERTAIN ASSETS ON DEATH
         Sec. 111.051.  DEFINITIONS. In this subchapter:
               (1)  "Employees' trust" means:
                     (A)  a trust that forms a part of a stock-bonus,
  pension, or profit-sharing plan under Section 401, Internal Revenue
  Code of 1954 (26 U.S.C. Section 401 (1986));
                     (B)  a pension trust under Chapter 111, Property
  Code; and
                     (C)  an employer-sponsored benefit plan or
  program, or any other retirement savings arrangement, including a
  pension plan created under Section 3, Employee Retirement Income
  Security Act of 1974 (29 U.S.C. Section 1002 (1986)), regardless of
  whether the plan, program, or arrangement is funded through a
  trust.
               (2)  "Financial institution" has the meaning assigned
  by Section 113.001.
               (3)  "Individual retirement account" means a trust,
  custodial arrangement, or annuity under Section 408(a) or (b),
  Internal Revenue Code of 1954 (26 U.S.C. Section 408 (1986)).
               (4)  "Retirement account" means a retirement-annuity
  contract, an individual retirement account, a simplified employee
  pension, or any other retirement savings arrangement.
               (5)  "Retirement-annuity contract" means an annuity
  contract under Section 403, Internal Revenue Code of 1954 (26
  U.S.C. Section 403 (1986)).
               (6)  "Simplified employee pension" means a trust,
  custodial arrangement, or annuity under Section 408, Internal
  Revenue Code of 1954 (26 U.S.C. Section 408 (1986)). (Tex. Prob.
  Code, Secs. 450(a) (part), (c).)
         Sec. 111.052.  VALIDITY OF CERTAIN NONTESTAMENTARY
  INSTRUMENTS AND PROVISIONS. (a) This code does not invalidate:
               (1)  any provision in an insurance policy, employment
  contract, bond, mortgage, promissory note, deposit agreement,
  employees' trust, retirement account, deferred compensation
  arrangement, custodial agreement, pension plan, trust agreement,
  conveyance of property, security, account with a financial
  institution, mutual fund account, or any other written instrument
  effective as a contract, gift, conveyance, or trust, stating that:
                     (A)  money or other benefits under the instrument
  due to or controlled or owned by a decedent shall be paid after the
  decedent's death, or property that is the subject of the instrument
  shall pass, to a person designated by the decedent in the instrument
  or in a separate writing, including a will, executed at the same
  time as the instrument or subsequently; or
                     (B)  money due or to become due under the
  instrument shall cease to be payable if the promisee or promissor
  dies before payment or demand; or
               (2)  an instrument described by Subdivision (1).
         (b)  A provision described by Subsection (a)(1) is
  considered nontestamentary. (Tex. Prob. Code, Sec. 450(a) (part).)
         Sec. 111.053.  CREDITOR'S RIGHTS NOT LIMITED. Nothing in
  this subchapter limits the rights of a creditor under another law of
  this state. (Tex. Prob. Code, Sec. 450(b).)
  CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 112.001.  DEFINITION OF COMMUNITY PROPERTY
                  SURVIVORSHIP AGREEMENT 
  Sec. 112.002.  APPLICABILITY OF OTHER LAW TO COMMUNITY
        
                  ACCOUNTS 
  [Sections 112.003-112.050 reserved for expansion]
  SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
  Sec. 112.051.  AGREEMENT FOR RIGHT OF SURVIVORSHIP IN
                  COMMUNITY PROPERTY 
  Sec. 112.052.  FORM OF AGREEMENT 
  Sec. 112.053.  ADJUDICATION NOT REQUIRED 
  Sec. 112.054.  REVOCATION OF AGREEMENT 
  [Sections 112.055-112.100 reserved for expansion]
  SUBCHAPTER C. ADJUDICATION TO PROVE COMMUNITY PROPERTY SURVIVORSHIP AGREEMENT
  SURVIVORSHIP AGREEMENT
  Sec. 112.101.  APPLICATION AUTHORIZED 
  Sec. 112.102.  PROOF REQUIRED BY COURT 
  Sec. 112.103.  METHOD OF PROOF OF SIGNATURES 
  Sec. 112.104.  COURT ACTION; ISSUANCE OF ORDER 
  Sec. 112.105.  EFFECT OF ORDER 
  Sec. 112.106.  CUSTODY OF ADJUDICATED AGREEMENT 
  [Sections 112.107-112.150 reserved for expansion]
  SUBCHAPTER D. OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT TO AGREEMENT
  TO AGREEMENT
  Sec. 112.151.  OWNERSHIP OF PROPERTY DURING MARRIAGE;
                  MANAGEMENT RIGHTS 
  Sec. 112.152.  NONTESTAMENTARY NATURE OF TRANSFERS
                  UNDER AGREEMENT 
  [Sections 112.153-112.200 reserved for expansion]
  SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY SUBJECT TO RIGHT OF SURVIVORSHIP
  SUBJECT TO RIGHT OF SURVIVORSHIP
  Sec. 112.201.  DEFINITION OF CERTIFIED COPY 
  Sec. 112.202.  ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT 
  Sec. 112.203.  PERSONAL REPRESENTATIVE WITHOUT ACTUAL
                  KNOWLEDGE OF AGREEMENT 
  Sec. 112.204.  THIRD-PARTY PURCHASER WITHOUT NOTICE OF
                  AGREEMENT 
  Sec. 112.205.  DEBTORS AND OTHER PERSONS WITHOUT NOTICE
                  OF AGREEMENT 
  Sec. 112.206.  THIRD-PARTY PURCHASER WITHOUT NOTICE OF
                  REVOCATION OF AGREEMENT 
  Sec. 112.207.  DEBTORS AND OTHER PERSONS WITHOUT NOTICE
                  OF REVOCATION OF AGREEMENT 
  Sec. 112.208.  RIGHTS OF SURVIVING SPOUSE AGAINST
                  CREDITORS 
  [Sections 112.209-112.250 reserved for expansion]
  SUBCHAPTER F. RIGHTS OF CREDITORS
  Sec. 112.251.  MULTIPLE-PARTY ACCOUNTS 
  Sec. 112.252.  LIABILITIES OF DECEASED SPOUSE NOT
                  AFFECTED BY RIGHT OF SURVIVORSHIP 
  Sec. 112.253.  RIGHTS OF DECEASED SPOUSE'S CREDITORS IN
                  RELATION TO THIRD PARTIES 
  CHAPTER 112. COMMUNITY PROPERTY WITH RIGHT OF SURVIVORSHIP
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 112.001.  DEFINITION OF COMMUNITY PROPERTY
  SURVIVORSHIP AGREEMENT. In this chapter, "community property
  survivorship agreement" means an agreement between spouses
  creating a right of survivorship in community property.  (New.)
         Sec. 112.002.  APPLICABILITY OF OTHER LAW TO COMMUNITY
  PROPERTY HELD IN MULTIPLE-PARTY ACCOUNTS.  Chapter 113 applies to
  multiple-party accounts held by spouses with a right of
  survivorship to the extent that chapter is not inconsistent with
  this chapter.  (Tex. Prob. Code, Sec. 462.)
  [Sections 112.003-112.050 reserved for expansion]
  SUBCHAPTER B. COMMUNITY PROPERTY SURVIVORSHIP AGREEMENTS
         Sec. 112.051.  AGREEMENT FOR RIGHT OF SURVIVORSHIP IN
  COMMUNITY PROPERTY.  At any time, spouses may agree between
  themselves that all or part of their community property, then
  existing or to be acquired, becomes the property of the surviving
  spouse on the death of a spouse.  (Tex. Prob. Code, Sec. 451.)
         Sec. 112.052.  FORM OF AGREEMENT. (a) A community property
  survivorship agreement must be in writing and signed by both
  spouses.
         (b)  A written agreement signed by both spouses is sufficient
  to create a right of survivorship in the community property
  described in the agreement if the agreement includes any of the
  following phrases:
               (1)  "with right of survivorship";
               (2)  "will become the property of the survivor";
               (3)  "will vest in and belong to the surviving spouse";
  or
               (4)  "shall pass to the surviving spouse."
         (c)  Notwithstanding Subsection (b), a community property
  survivorship agreement that otherwise meets the requirements of
  this chapter is effective without including any of the phrases
  listed in that subsection.  (Tex. Prob. Code, Sec. 452.)
         Sec. 112.053.  ADJUDICATION NOT REQUIRED. A community
  property survivorship agreement that satisfies the requirements of
  this chapter is effective and enforceable without an adjudication.  
  (Tex. Prob. Code, Secs. 456(a) (part), 458 (part).)
         Sec. 112.054.  REVOCATION OF AGREEMENT. (a) A community
  property survivorship agreement made in accordance with this
  chapter may be revoked as provided by the terms of the agreement.
         (b)  If a community property survivorship agreement does not
  provide a method of revocation, the agreement may be revoked by a
  written instrument:
               (1)  signed by both spouses; or
               (2)  signed by one spouse and delivered to the other
  spouse.
         (c)  A community property survivorship agreement may be
  revoked with respect to specific property subject to the agreement
  by the disposition of the property by one or both spouses if the
  disposition is not inconsistent with specific terms of the
  agreement and applicable law.  (Tex. Prob. Code, Sec. 455.)
  [Sections 112.055-112.100 reserved for expansion]
  SUBCHAPTER C.  ADJUDICATION TO PROVE COMMUNITY PROPERTY
  SURVIVORSHIP AGREEMENT
         Sec. 112.101.  APPLICATION AUTHORIZED. (a) Notwithstanding
  Section 112.053, after the death of a spouse, the surviving spouse
  or the surviving spouse's personal representative may apply to the
  court for an order stating that a community property survivorship
  agreement satisfies the requirements of this chapter and is
  effective to create a right of survivorship in community property.
         (b)  An application under this section must include:
               (1)  the surviving spouse's name and domicile;
               (2)  the deceased spouse's name and former domicile;
               (3)  the fact, time, and place of the deceased spouse's
  death;
               (4)  facts establishing venue in the court; and
               (5)  the deceased spouse's social security number, if
  known.
         (c)  An application under this section must be filed in the
  county of proper venue for administration of the deceased spouse's
  estate.
         (d)  The original community property survivorship agreement
  shall be filed with an application under this section.  (Tex. Prob.
  Code, Secs. 456(a) (part), (d).)
         Sec. 112.102.  PROOF REQUIRED BY COURT. An applicant for an
  order under Section 112.101 must prove to the court's satisfaction
  that:
               (1)  the spouse whose community property interest is at
  issue is deceased;
               (2)  the court has jurisdiction and venue;
               (3)  the agreement was executed with the formalities
  required by law;
               (4)  the agreement was not revoked; and
               (5)  citation has been served and returned in the
  manner and for the length of time required by this title.  (Tex.
  Prob. Code, Sec. 456(b).)
         Sec. 112.103.  METHOD OF PROOF OF SIGNATURES.  (a)  The
  deceased spouse's signature to an agreement that is the subject of
  an application under Section 112.101 may be proved by:
               (1)  the sworn testimony of one witness taken in open
  court;
               (2)  the affidavit of one witness; or
               (3)  the written or oral deposition of one witness
  taken in the same manner and under the same rules as depositions in
  other civil actions.
         (b)  If the surviving spouse is competent to make an oath,
  the surviving spouse's signature to the agreement may be proved by:
               (1)  the sworn testimony of the surviving spouse taken
  in open court;
               (2)  the surviving spouse's affidavit; or
               (3)  the written or oral deposition of the surviving
  spouse taken in the same manner and under the same rules as
  depositions in other civil actions.
         (c)  If the surviving spouse is not competent to make an
  oath, the surviving spouse's signature to the agreement may be
  proved in the manner provided by Subsection (a) for proof of the
  deceased spouse's signature.  (Tex. Prob. Code, Sec. 456(c).)
         Sec. 112.104.  COURT ACTION; ISSUANCE OF ORDER. (a) On
  completion of a hearing on an application under Section 112.101, if
  the court is satisfied that the requisite proof has been made, the
  court shall enter an order adjudging the agreement valid.
         (b)  Certified copies of the agreement and order may be:
               (1)  recorded in other counties; and
               (2)  used in evidence, as the original agreement might
  be, on the trial of the same matter in any other court, on appeal or
  otherwise.  (Tex. Prob. Code, Sec. 457.)
         Sec. 112.105.  EFFECT OF ORDER.  (a)  An order under this
  subchapter adjudging a community property survivorship agreement
  valid constitutes sufficient authority to a person who:
               (1)  owes money, has custody of any property, or acts as
  registrar or transfer agent of any evidence of interest,
  indebtedness, property, or right that is subject to the terms of the
  agreement; or
               (2)  purchases from or otherwise deals with the
  surviving spouse for payment or transfer to the surviving spouse.
         (b)  The surviving spouse may enforce that spouse's right to
  a payment or transfer from a person described by Subsection (a)(2).  
  (Tex. Prob. Code, Sec. 458 (part).)
         Sec. 112.106.  CUSTODY OF ADJUDICATED AGREEMENT. (a) An
  original community property survivorship agreement adjudicated
  under this subchapter, together with the order adjudging the
  agreement valid, shall be deposited in the office of the county
  clerk of the county in which the agreement was adjudicated and must
  remain at that office, except during a period when the agreement is
  moved to another location for inspection on order of the court in
  which the agreement was adjudicated.
         (b)  If the court orders an original community property
  survivorship agreement adjudicated under this subchapter to be
  moved to another location for inspection, the person moving the
  original agreement shall give a receipt for the agreement and the
  court clerk shall make and retain a copy of the original agreement.  
  (Tex. Prob. Code, Sec. 459.)
  [Sections 112.107-112.150 reserved for expansion]
  SUBCHAPTER D.  OWNERSHIP AND TRANSFER OF COMMUNITY PROPERTY SUBJECT
  TO AGREEMENT
         Sec. 112.151.  OWNERSHIP OF PROPERTY DURING MARRIAGE;
  MANAGEMENT RIGHTS. (a) Property subject to a community property
  survivorship agreement remains community property during the
  marriage of the spouses.
         (b)  Unless the agreement provides otherwise, a community
  property survivorship agreement does not affect the rights of the
  spouses concerning the management, control, and disposition of
  property subject to the agreement.  (Tex. Prob. Code, Sec. 453.)
         Sec. 112.152.  NONTESTAMENTARY NATURE OF TRANSFERS UNDER
  AGREEMENT.  (a)  Transfers at death resulting from community
  property survivorship agreements made in accordance with this
  chapter are effective by reason of the agreements involved and are
  not testamentary transfers.
         (b)  Except as expressly provided otherwise by this title,
  transfers described by Subsection (a) are not subject to the
  provisions of this title applicable to testamentary transfers.  
  (Tex. Prob. Code, Sec. 454.)
  [Sections 112.153-112.200 reserved for expansion]
  SUBCHAPTER E. THIRD PARTIES DEALING WITH COMMUNITY PROPERTY
  SUBJECT TO RIGHT OF SURVIVORSHIP
         Sec. 112.201.  DEFINITION OF CERTIFIED COPY.  In this
  subchapter, a "certified copy" means a copy of an official record or
  document that is:
               (1)  authorized by law to be recorded or filed and
  actually recorded or filed in a public office; and
               (2)  certified as correct in accordance with Rule 902,
  Texas Rules of Evidence.  (Tex. Prob. Code, Sec. 460(f) (part).)
         Sec. 112.202.  ACTUAL KNOWLEDGE OR NOTICE OF AGREEMENT.  (a)  
  In this subchapter, a person or entity has "actual knowledge" of a
  community property survivorship agreement or the revocation of a
  community property survivorship agreement only if the person or
  entity has received:
               (1)  written notice of the agreement or revocation; or
               (2)  the original or a certified copy of the agreement
  or revoking instrument.
         (b)  In this subchapter, a person or entity has "notice" of a
  community property survivorship agreement or the revocation of a
  community property survivorship agreement if:
               (1)  the person or entity has actual knowledge of the
  agreement or revocation; or
               (2)  with respect to real property, the agreement or
  revoking instrument is properly recorded in the county in which the
  real property is located.  (Tex. Prob. Code, Sec. 460(f) (part).)
         Sec. 112.203.  PERSONAL REPRESENTATIVE WITHOUT ACTUAL
  KNOWLEDGE OF AGREEMENT.  If the personal representative of a
  deceased spouse's estate has no actual knowledge of the existence
  of an agreement creating a right of survivorship in community
  property in the surviving spouse, the personal representative is
  not liable to the surviving spouse or any person claiming from the
  surviving spouse for selling, exchanging, distributing, or
  otherwise disposing of the property.  (Tex. Prob. Code, Sec.
  460(a).)
         Sec. 112.204.  THIRD-PARTY PURCHASER WITHOUT NOTICE OF
  AGREEMENT. (a) This section applies only to a person or entity who
  for value purchases property:
               (1)  from a person claiming from a deceased spouse more
  than six months after the date of the deceased spouse's death or
  from the personal representative of the deceased spouse's estate;
  and
               (2)  without notice of the existence of an agreement
  creating a right of survivorship in the property in the surviving
  spouse.
         (b)  A purchaser of property from a person claiming from the
  deceased spouse has good title to the interest in the property that
  the person would have had in the absence of the agreement described
  by Subsection (a)(2), as against the claims of the surviving spouse
  or any person claiming from the surviving spouse.
         (c)  A purchaser of property from the personal
  representative of the deceased spouse's estate has good title to
  the interest in the property that the personal representative would
  have had authority to convey in the absence of the agreement
  described by Subsection (a)(2), as against the claims of the
  surviving spouse or any person claiming from the surviving spouse.
  (Tex. Prob. Code, Sec. 460(b).)
         Sec. 112.205.  DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF
  AGREEMENT. (a)  This section applies only to a person or entity
  who:
               (1)  owes money to a deceased spouse; or
               (2)  has custody of property or acts as registrar or
  transfer agent of any evidence of interest, indebtedness, property,
  or right owned by a deceased spouse before that spouse's death.
         (b)  A person or entity with no actual knowledge of the
  existence of an agreement creating a right of survivorship in
  property described by Subsection (a) in the surviving spouse may
  pay or transfer that property to the personal representative of the
  deceased spouse's estate or, if no administration of the deceased
  spouse's estate is pending, to the heirs or devisees of the estate
  and shall be discharged from all claims for those amounts or
  property paid or transferred. (Tex. Prob. Code, Sec. 460(d).)
         Sec. 112.206.  THIRD-PARTY PURCHASER WITHOUT NOTICE OF
  REVOCATION OF AGREEMENT. (a) This section applies only to a person
  or entity who for value purchases property from a surviving spouse
  more than six months after the date of the deceased spouse's death
  and:
               (1)  with respect to personal property:
                     (A)  the purchaser has received an original or
  certified copy of an agreement purporting to create a right of
  survivorship in the personal property in the surviving spouse,
  purportedly signed by both spouses; and
                     (B)  the purchaser has no notice of the revocation
  of the agreement; or
               (2)  with respect to real property:
                     (A)  the purchaser has received an original or
  certified copy of an agreement purporting to create a right of
  survivorship in the real property in the surviving spouse,
  purportedly signed by both spouses or such an agreement is properly
  recorded in a county in which any part of the real property is
  located; and
                     (B)  the purchaser has no notice of the revocation
  of the agreement.
         (b)  A purchaser has good title to the interest in the
  property that the surviving spouse would have had in the absence of
  the revocation of the agreement, as against the claims of the
  personal representative of the deceased spouse's estate or any
  person claiming from the representative or the deceased spouse.
  (Tex. Prob. Code, Sec. 460(c).)
         Sec. 112.207.  DEBTORS AND OTHER PERSONS WITHOUT NOTICE OF
  REVOCATION OF AGREEMENT. (a)  This section applies only to a person
  or entity who:
               (1)  owes money to a deceased spouse; or
               (2)  has custody of property or acts as registrar or
  transfer agent of any evidence of interest, indebtedness, property,
  or right owned by a deceased spouse before that spouse's death.
         (b)  If a person or entity is presented with the original or a
  certified copy of an agreement creating a right of survivorship in
  property described by Subsection (a) in the surviving spouse,
  purportedly signed by both spouses, and if the person or entity has
  no actual knowledge that the agreement was revoked, the person or
  entity may pay or transfer that property to the surviving spouse and
  shall be discharged from all claims for those amounts or property
  paid or transferred. (Tex. Prob. Code, Sec. 460(e).)
         Sec. 112.208.  RIGHTS OF SURVIVING SPOUSE AGAINST CREDITORS.
  Except as expressly provided by this subchapter, this subchapter
  does not affect the rights of a surviving spouse or person claiming
  from the surviving spouse in disputes with persons claiming from a
  deceased spouse or the successors of any of them concerning a
  beneficial interest in property or the proceeds from a beneficial
  interest in property, subject to a right of survivorship under an
  agreement that satisfies the requirements of this chapter.  (Tex.
  Prob. Code, Sec. 460(g).)
  [Sections 112.209-112.250 reserved for expansion]
  SUBCHAPTER F. RIGHTS OF CREDITORS
         Sec. 112.251.  MULTIPLE-PARTY ACCOUNTS.  Chapter 113 governs
  the rights of creditors with respect to multiple-party accounts, as
  defined by Section 113.004.  (Tex. Prob. Code, Sec. 461 (part).)
         Sec. 112.252.  LIABILITIES OF DECEASED SPOUSE NOT AFFECTED
  BY RIGHT OF SURVIVORSHIP. (a)  Except as expressly provided by
  Section 112.251, the community property subject to the sole or
  joint management, control, and disposition of a spouse during
  marriage continues to be subject to the liabilities of that spouse
  on that spouse's death without regard to a right of survivorship in
  the surviving spouse under an agreement made in accordance with
  this chapter.
         (b)  The surviving spouse is liable to account to the
  deceased spouse's personal representative for property received by
  the surviving spouse under a right of survivorship to the extent
  necessary to discharge the deceased spouse's liabilities.
         (c)  A proceeding to assert a liability under Subsection (b):
               (1)  may be commenced only if the deceased spouse's
  personal representative has received a written demand by a
  creditor; and
               (2)  must be commenced on or before the second
  anniversary of the deceased spouse's death.
         (d)  Property recovered by the deceased spouse's personal
  representative under this section shall be administered as part of
  the deceased spouse's estate.  (Tex. Prob. Code, Sec. 461 (part).)
         Sec. 112.253.  RIGHTS OF DECEASED SPOUSE'S CREDITORS IN
  RELATION TO THIRD PARTIES. This subchapter does not affect the
  protection afforded to a person or entity under Subchapter E
  unless, before payment or transfer to the surviving spouse, the
  person or entity received a written notice from the deceased
  spouse's personal representative stating the amount needed to
  discharge the deceased spouse's liabilities. (Tex. Prob. Code, Sec.
  461 (part).)
  CHAPTER 113. MULTIPLE-PARTY ACCOUNTS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 113.001.  GENERAL DEFINITIONS 
  Sec. 113.002.  DEFINITION OF PARTY 
  Sec. 113.003.  DEFINITION OF NET CONTRIBUTION 
  Sec. 113.004.  TYPES OF ACCOUNTS 
  Sec. 113.005.  AUTHORITY OF FINANCIAL INSTITUTIONS TO
                  ENTER INTO CERTAIN ACCOUNTS 
  [Sections 113.006-113.050 reserved for expansion]
  SUBCHAPTER B. UNIFORM ACCOUNT FORM
  Sec. 113.051.  ESTABLISHMENT OF TYPE OF ACCOUNT;
                  APPLICABILITY OF CERTAIN LAW 
  Sec. 113.052.  FORM 
  Sec. 113.053.  USE OF FORM; DISCLOSURE 
  [Sections 113.054-113.100 reserved for expansion]
  SUBCHAPTER C. OWNERSHIP AND OPERATION OF ACCOUNTS
  Sec. 113.101.  EFFECT OF CERTAIN PROVISIONS REGARDING
                  OWNERSHIP BETWEEN PARTIES AND OTHERS 
  Sec. 113.102.  OWNERSHIP OF JOINT ACCOUNT DURING
                  PARTIES' LIFETIMES 
  Sec. 113.103.  OWNERSHIP OF P.O.D. ACCOUNT DURING
                  ORIGINAL PAYEE'S LIFETIME 
  Sec. 113.104.  OWNERSHIP OF TRUST ACCOUNT DURING
                  TRUSTEE'S LIFETIME 
  Sec. 113.105.  OWNERSHIP OF CONVENIENCE ACCOUNT;
                  ADDITIONS AND ACCRUALS 
  [Sections 113.106-113.150 reserved for expansion]
  SUBCHAPTER D. RIGHTS OF SURVIVORSHIP IN ACCOUNTS
  Sec. 113.151.  ESTABLISHMENT OF RIGHT OF SURVIVORSHIP
        
                  OF PARTY 
  Sec. 113.152.  OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF
                  PARTY 
  Sec. 113.153.  OWNERSHIP OF TRUST ACCOUNT ON DEATH OF
                  TRUSTEE 
  Sec. 113.154.  OWNERSHIP OF CONVENIENCE ACCOUNT ON
                  DEATH OF PARTY 
  Sec. 113.155.  EFFECT OF DEATH OF PARTY ON CERTAIN
        
                  SURVIVORSHIP 
  Sec. 113.156.  APPLICABILITY OF CERTAIN PROVISIONS ON
                  DEATH OF PARTY 
  Sec. 113.157.  WRITTEN NOTICE TO FINANCIAL INSTITUTIONS
                  REGARDING FORM OF ACCOUNT 
  Sec. 113.158.  NONTESTAMENTARY NATURE OF CERTAIN
                  TRANSFERS 
  [Sections 113.159-113.200 reserved for expansion]
  SUBCHAPTER E. PROTECTION OF FINANCIAL INSTITUTIONS
  Sec. 113.201.  APPLICABILITY OF SUBCHAPTER 
  Sec. 113.202.  PAYMENT OF MULTIPLE-PARTY ACCOUNT 
  Sec. 113.203.  PAYMENT OF JOINT ACCOUNT 
  Sec. 113.204.  PAYMENT OF P.O.D. ACCOUNT 
  Sec. 113.205.  PAYMENT OF TRUST ACCOUNT 
  Sec. 113.206.  PAYMENT OF CONVENIENCE ACCOUNT 
  Sec. 113.207.  LIABILITY FOR PAYMENT FROM JOINT ACCOUNT
                  AFTER DEATH 
  Sec. 113.208.  LIABILITY FOR PAYMENT FROM CONVENIENCE
                  ACCOUNT 
  Sec. 113.209.  DISCHARGE FROM CLAIMS 
  Sec. 113.210.  SET-OFF TO FINANCIAL INSTITUTION 
  [Sections 113.211-113.250 reserved for expansion]
  SUBCHAPTER F. RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT
  Sec. 113.251.  PLEDGE OF ACCOUNT 
  Sec. 113.252.  RIGHTS OF CREDITORS 
  Sec. 113.253.  NO EFFECT ON CERTAIN RIGHTS AND
                  LIABILITIES OF FINANCIAL INSTITUTIONS 
  CHAPTER 113.  MULTIPLE-PARTY ACCOUNTS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 113.001.  GENERAL DEFINITIONS.  In this chapter:
               (1)  "Account" means a contract of deposit of funds
  between a depositor and a financial institution. The term includes
  a checking account, savings account, certificate of deposit, share
  account, or other similar arrangement.
               (2)  "Beneficiary" means a person named in a trust
  account for whom a party to the account is named as trustee.
               (3)  "Financial institution" means an organization
  authorized to do business under state or federal laws relating to
  financial institutions. The term includes a bank or trust company,
  savings bank, building and loan association, savings and loan
  company or association, credit union, and brokerage firm that deals
  in the sale and purchase of stocks, bonds, and other types of
  securities.
               (4)  "Payment" of sums on deposit includes a
  withdrawal, a payment on a check or other directive of a party, and
  a pledge of sums on deposit by a party and any set-off, or reduction
  or other disposition of all or part of an account under a pledge.
               (5)  "P.O.D. payee" means a person designated on a
  P.O.D. account as a person to whom the account is payable on request
  after the death of one or more persons.
               (6)  "Proof of death" includes:
                     (A)  a certified copy of a death certificate; or
                     (B)  a judgment or order of a court in a proceeding
  in which the death of a person is proved to the satisfaction of the
  court by circumstantial evidence in accordance with Chapter 454.
               (7)  "Request" means a proper request for withdrawal,
  or a check or order for payment, that complies with all conditions
  of the account, including special requirements concerning
  necessary signatures and regulations of the financial institution.
  If a financial institution conditions withdrawal or payment on
  advance notice, for purposes of this chapter a request for
  withdrawal or payment is treated as immediately effective and a
  notice of intent to withdraw is treated as a request for withdrawal.
               (8)  "Sums on deposit" means the balance payable on a
  multiple-party account including interest, dividends, and any
  deposit life insurance proceeds added to the account by reason of
  the death of a party.
               (9)  "Withdrawal" includes payment to a third person in
  accordance with a check or other directive of a party.  (Tex. Prob.
  Code, Secs. 436(1), (2), (3), (8), (9), (11), (12), (13), (15).)
         Sec. 113.002.  DEFINITION OF PARTY. (a)  In this chapter,
  "party" means a person who, by the terms of a multiple-party
  account, has a present right, subject to request, to payment from
  the account.  Except as otherwise required by the context, the term
  includes a guardian, personal representative, or assignee,
  including an attaching creditor, of a party. The term also includes
  a person identified as a trustee of an account for another
  regardless of whether a beneficiary is named.  The term does not
  include a named beneficiary unless the beneficiary has a present
  right of withdrawal.
         (b)  A P.O.D. payee or beneficiary of a trust account is a
  party only after the account becomes payable to the P.O.D. payee or
  beneficiary by reason of the P.O.D. payee or beneficiary surviving
  the original payee or trustee.  (Tex. Prob. Code, Sec. 436(7).)
         Sec. 113.003.  DEFINITION OF NET CONTRIBUTION.  (a)  In this
  chapter, "net contribution" of a party to a joint account at any
  given time is the sum of all deposits made to that account by or for
  the party, less all withdrawals made by or for the party that have
  not been paid to or applied to the use of any other party, plus a pro
  rata share of any interest or dividends included in the current
  balance of the account. The term also includes any deposit life
  insurance proceeds added to the account by reason of the death of
  the party whose net contribution is in question.
         (b)  A financial institution may not be required to inquire,
  for purposes of establishing net contributions, about:
               (1)  the source of funds received for deposit to a
  multiple-party account; or
               (2)  the proposed application of an amount withdrawn
  from a multiple-party account. (Tex. Prob. Code, Secs. 436(6), 444
  (part).)
         Sec. 113.004.  TYPES OF ACCOUNTS. In this chapter:
               (1)  "Convenience account" means an account that:
                     (A)  is established at a financial institution by
  one or more parties in the names of the parties and one or more
  convenience signers; and
                     (B)  has terms that provide that the sums on
  deposit are paid or delivered to the parties or to the convenience
  signers "for the convenience" of the parties.
               (2)  "Joint account" means an account payable on
  request to one or more of two or more parties, regardless of whether
  there is a right of survivorship.
               (3)  "Multiple-party account" means a joint account, a
  convenience account, a P.O.D. account, or a trust account. The term
  does not include an account established for the deposit of funds of
  a partnership, joint venture, or other association for business
  purposes, or an account controlled by one or more persons as the
  authorized agent or trustee for a corporation, unincorporated
  association, charitable or civic organization, or a regular
  fiduciary or trust account in which the relationship is established
  other than by deposit agreement.
               (4)  "P.O.D. account" means an account payable on
  request to:
                     (A)  one person during the person's lifetime and,
  on the person's death, to one or more P.O.D. payees; or
                     (B)  one or more persons during their lifetimes
  and, on the death of all of those persons, to one or more P.O.D.
  payees.
               (5)  "Trust account" means an account in the name of one
  or more parties as trustee for one or more beneficiaries in which
  the relationship is established by the form of the account and the
  deposit agreement with the financial institution and in which there
  is no subject of the trust other than the sums on deposit in the
  account. The deposit agreement is not required to address payment
  to the beneficiary. The term does not include:
                     (A)  a regular trust account under a testamentary
  trust or a trust agreement that has significance apart from the
  account; or
                     (B)  a fiduciary account arising from a fiduciary
  relationship, such as the attorney-client relationship.  (Tex.
  Prob. Code, Secs. 436(4), (5), (10), (14), 438A(a).)
         Sec. 113.005.  AUTHORITY OF FINANCIAL INSTITUTIONS TO ENTER
  INTO CERTAIN ACCOUNTS. A financial institution may enter into a
  multiple-party account to the same extent that the institution may
  enter into a single-party account.  (Tex. Prob. Code, Sec. 444
  (part).)
  [Sections 113.006-113.050 reserved for expansion]
  SUBCHAPTER B. UNIFORM ACCOUNT FORM
         Sec. 113.051.  ESTABLISHMENT OF TYPE OF ACCOUNT;
  APPLICABILITY OF CERTAIN LAW. (a) A contract of deposit that
  contains provisions substantially the same as in the form provided
  by Section 113.052 establishes the type of account selected by a
  party.  This chapter governs an account selected under the form,
  other than a single-party account without a P.O.D. designation.
         (b)  A contract of deposit that does not contain provisions
  substantially the same as in the form provided by Section 113.052 is
  governed by the provisions of this chapter applicable to the type of
  account that most nearly conforms to the depositor's intent. (Tex.
  Prob. Code, Sec. 439A(a).)
         Sec. 113.052.  FORM.  A financial institution may use the
  following form to establish the type of account selected by a party:
         UNIFORM SINGLE-PARTY OR MULTIPLE-PARTY ACCOUNT SELECTION
  FORM NOTICE: The type of account you select may determine how
  property passes on your death. Your will may not control the
  disposition of funds held in some of the following accounts.
         Select one of the following accounts by placing your initials
  next to the account selected:
         ___ (1) SINGLE-PARTY ACCOUNT WITHOUT "P.O.D." (PAYABLE ON
  DEATH) DESIGNATION. The party to the account owns the account. On
  the death of the party, ownership of the account passes as a part of
  the party's estate under the party's will or by intestacy.
         Enter the name of the party:
  ________________________________________________________________
         ___ (2) SINGLE-PARTY ACCOUNT WITH "P.O.D." (PAYABLE ON
  DEATH) DESIGNATION. The party to the account owns the account. On
  the death of the party, ownership of the account passes to the
  P.O.D. beneficiaries of the account. The account is not a part of
  the party's estate.
         Enter the name of the party:
  ________________________________________________________________
         Enter the name or names of the P.O.D. beneficiaries:
  ________________________________________________________________
  ________________________________________________________________
         ___ (3) MULTIPLE-PARTY ACCOUNT WITHOUT RIGHT OF
  SURVIVORSHIP. The parties to the account own the account in
  proportion to the parties' net contributions to the account. The
  financial institution may pay any sum in the account to a party at
  any time. On the death of a party, the party's ownership of the
  account passes as a part of the party's estate under the party's
  will or by intestacy.
         Enter the names of the parties:
  ________________________________________________________________
  ________________________________________________________________
  ________________________________________________________________
         ___ (4) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP.
  The parties to the account own the account in proportion to the
  parties' net contributions to the account. The financial
  institution may pay any sum in the account to a party at any time.
  On the death of a party, the party's ownership of the account passes
  to the surviving parties.
         Enter the names of the parties:
  ________________________________________________________________
  ________________________________________________________________
         ___ (5) MULTIPLE-PARTY ACCOUNT WITH RIGHT OF SURVIVORSHIP AND
  P.O.D. (PAYABLE ON DEATH) DESIGNATION. The parties to the account
  own the account in proportion to the parties' net contributions to
  the account. The financial institution may pay any sum in the
  account to a party at any time. On the death of the last surviving
  party, the ownership of the account passes to the P.O.D.
  beneficiaries.
         Enter the names of the parties:
  ________________________________________________________________
  ________________________________________________________________
         Enter the name or names of the P.O.D. beneficiaries:
  ________________________________________________________________
  ________________________________________________________________
         ___ (6) CONVENIENCE ACCOUNT. The parties to the account own
  the account. One or more convenience signers to the account may
  make account transactions for a party. A convenience signer does
  not own the account. On the death of the last surviving party,
  ownership of the account passes as a part of the last surviving
  party's estate under the last surviving party's will or by
  intestacy. The financial institution may pay funds in the account
  to a convenience signer before the financial institution receives
  notice of the death of the last surviving party. The payment to a
  convenience signer does not affect the parties' ownership of the
  account.
         Enter the names of the parties:
  ________________________________________________________________
  ________________________________________________________________
         Enter the names of the convenience signers:
  ________________________________________________________________
  ________________________________________________________________
         ___ (7) TRUST ACCOUNT. The parties named as trustees to the
  account own the account in proportion to the parties' net
  contributions to the account. A trustee may withdraw funds from the
  account. A beneficiary may not withdraw funds from the account
  before all trustees are deceased. On the death of the last
  surviving trustee, the ownership of the account passes to the
  beneficiary. The trust account is not a part of a trustee's estate
  and does not pass under the trustee's will or by intestacy, unless
  the trustee survives all of the beneficiaries and all other
  trustees.
         Enter the name or names of the trustees:
  ________________________________________________________________
  ________________________________________________________________
         Enter the name or names of the beneficiaries:
  ________________________________________________________________
  ________________________________________________________________
  (Tex. Prob. Code, Sec. 439A(b).)
         Sec. 113.053.  USE OF FORM; DISCLOSURE.  (a)  A financial
  institution is considered to have adequately disclosed the
  information provided in this subchapter if the financial
  institution uses the form provided by Section 113.052.
         (b)  If a financial institution varies the format of the form
  provided by Section 113.052, the financial institution may make
  disclosures in the account agreement or in any other form that
  adequately discloses the information provided by this subchapter.
         (c)  If the customer receives adequate disclosure of the
  ownership rights to an account and the names of the parties are
  appropriately indicated, a financial institution may combine any of
  the provisions in, and vary the format of, the form and notices
  described in Section 113.052 in:
               (1)  a universal account form with options listed for
  selection and additional disclosures provided in the account
  agreement; or
               (2)  any other manner that adequately discloses the
  information provided by this subchapter. (Tex. Prob. Code, Secs.
  439A(c), (d).)
  [Sections 113.054-113.100 reserved for expansion]
  SUBCHAPTER C.  OWNERSHIP AND OPERATION OF ACCOUNTS
         Sec. 113.101.  EFFECT OF CERTAIN PROVISIONS REGARDING
  OWNERSHIP BETWEEN PARTIES AND OTHERS.  The provisions of this
  subchapter and Subchapters B and D that relate to beneficial
  ownership between parties, or between parties and P.O.D. payees or
  beneficiaries of multiple-party accounts:
               (1)  are relevant only to controversies between those
  persons and those persons' creditors and other successors; and
               (2)  do not affect the withdrawal power of those
  persons under the terms of an account contract. (Tex. Prob. Code,
  Sec. 437.)
         Sec. 113.102.  OWNERSHIP OF JOINT ACCOUNT DURING PARTIES' 
  LIFETIMES.  During the lifetime of all parties to a joint account,
  the account belongs to the parties in proportion to the net
  contributions by each party to the sums on deposit unless there is
  clear and convincing evidence of a different intent. (Tex. Prob.
  Code, Sec. 438(a).)
         Sec. 113.103.  OWNERSHIP OF P.O.D. ACCOUNT DURING ORIGINAL
  PAYEE'S LIFETIME.  (a)  During the lifetime of an original payee of
  a P.O.D. account, the account belongs to the original payee and does
  not belong to the P.O.D. payee or payees.
         (b)  If two or more parties are named as original payees of a
  P.O.D. account, during the parties' lifetimes rights between the
  parties are governed by Section 113.102. (Tex. Prob. Code, Sec.
  438(b).)
         Sec. 113.104.  OWNERSHIP OF TRUST ACCOUNT DURING TRUSTEE'S 
  LIFETIME.  (a)  A trust account belongs beneficially to the trustee
  during the trustee's lifetime unless:
               (1)  the terms of the account or the deposit agreement
  manifest a contrary intent; or
               (2)  other clear and convincing evidence of an
  irrevocable trust exists.
         (b)  If two or more parties are named as trustees on a trust
  account, during the parties' lifetimes beneficial rights between
  the parties are governed by Section 113.102.
         (c)  An account that is an irrevocable trust belongs
  beneficially to the beneficiary. (Tex. Prob. Code, Sec. 438(c).)
         Sec. 113.105.  OWNERSHIP OF CONVENIENCE ACCOUNT; ADDITIONS
  AND ACCRUALS.  (a)  The making of a deposit in a convenience account
  does not affect the title to the deposit.
         (b)  A party to a convenience account is not considered to
  have made a gift of the deposit, or of any additions or accruals to
  the deposit, to a convenience signer.
         (c)  An addition made to a convenience account by anyone
  other than a party, and accruals to the addition, are considered to
  have been made by a party. (Tex. Prob. Code, Secs. 438A(b), (c),
  (e).)
  [Sections 113.106-113.150 reserved for expansion]
  SUBCHAPTER D.  RIGHTS OF SURVIVORSHIP IN ACCOUNTS
         Sec. 113.151.  ESTABLISHMENT OF RIGHT OF SURVIVORSHIP IN
  JOINT ACCOUNT; OWNERSHIP ON DEATH OF PARTY.  (a) Sums remaining on
  deposit on the death of a party to a joint account belong to the
  surviving party or parties against the estate of the deceased party
  if the interest of the deceased party is made to survive to the
  surviving party or parties by a written agreement signed by the
  party who dies.
         (b)  Notwithstanding any other law, an agreement is
  sufficient under this section to confer an absolute right of
  survivorship on parties to a joint account if the agreement
  contains a statement substantially similar to the following: "On
  the death of one party to a joint account, all sums in the account on
  the date of the death vest in and belong to the surviving party as
  his or her separate property and estate."
         (c)  A survivorship agreement may not be inferred from the
  mere fact that the account is a joint account.
         (d)  If there are two or more surviving parties to a joint
  account that is subject to a right of survivorship agreement:
               (1)  during the parties' lifetimes respective
  ownerships are in proportion to the parties' previous ownership
  interests under Sections 113.102, 113.103, and 113.104, as
  applicable, augmented by an equal share for each survivor of any
  interest a deceased party owned in the account immediately before
  that party's death; and
               (2)  the right of survivorship continues between the
  surviving parties if a written agreement signed by a party who dies
  provides for that continuation.  (Tex. Prob. Code, Sec. 439(a).)
         Sec. 113.152.  OWNERSHIP OF P.O.D. ACCOUNT ON DEATH OF
  PARTY.  (a)  If the account is a P.O.D. account and there is a
  written agreement signed by the original payee or payees, on the
  death of the original payee or on the death of the survivor of two or
  more original payees, any sums remaining on deposit belong to:
               (1)  the P.O.D. payee or payees if surviving; or
               (2)  the survivor of the P.O.D. payees if one or more
  P.O.D. payees die before the original payee.
         (b)  If two or more P.O.D. payees survive, no right of
  survivorship exists between the surviving P.O.D. payees unless the
  terms of the account or deposit agreement expressly provide for
  survivorship between those payees. (Tex. Prob. Code, Sec. 439(b).)
         Sec. 113.153.  OWNERSHIP OF TRUST ACCOUNT ON DEATH OF
  TRUSTEE.  (a)  If the account is a trust account and there is a
  written agreement signed by the trustee or trustees, on death of the
  trustee or the survivor of two or more trustees, any sums remaining
  on deposit belong to:
               (1)  the person or persons named as beneficiaries, if
  surviving; or
               (2)  the survivor of the persons named as beneficiaries
  if one or more beneficiaries die before the trustee.
         (b)  If two or more beneficiaries survive, no right of
  survivorship exists between the surviving beneficiaries unless the
  terms of the account or deposit agreement expressly provide for
  survivorship between those beneficiaries. (Tex. Prob. Code, Sec.
  439(c).)
         Sec. 113.154.  OWNERSHIP OF CONVENIENCE ACCOUNT ON DEATH OF
  PARTY.  On the death of the last surviving party to a convenience
  account:
               (1)  a convenience signer has no right of survivorship
  in the account; and
               (2)  ownership of the account remains in the estate of
  the last surviving party. (Tex. Prob. Code, Sec. 438A(d).)
         Sec. 113.155.  EFFECT OF DEATH OF PARTY ON CERTAIN ACCOUNTS
  WITHOUT RIGHTS OF SURVIVORSHIP.  The death of a party to a
  multiple-party account to which Sections 113.151, 113.152, and
  113.153 do not apply has no effect on the beneficial ownership of
  the account, other than to transfer the rights of the deceased party
  as part of the deceased party's estate. (Tex. Prob. Code, Sec.
  439(d).)
         Sec. 113.156.  APPLICABILITY OF CERTAIN PROVISIONS ON DEATH
  OF PARTY. Sections 113.151, 113.152, 113.153, and 113.155 as to
  rights of survivorship are determined by the form of the account at
  the death of a party.  (Tex. Prob. Code, Sec. 440 (part).)
         Sec. 113.157.  WRITTEN NOTICE TO FINANCIAL INSTITUTIONS
  REGARDING FORM OF ACCOUNT.  Notwithstanding any other law, the form
  of an account may be altered by written order given by a party to the
  financial institution to change the form of the account or to stop
  or vary payment under the terms of the account. The order or
  request must be signed by a party, received by the financial
  institution during the party's lifetime, and not countermanded by
  another written order of the same party during the party's
  lifetime.  (Tex. Prob. Code, Sec. 440 (part).)
         Sec. 113.158.  NONTESTAMENTARY NATURE OF CERTAIN TRANSFERS.  
  Transfers resulting from the application of Sections 113.151,
  113.152, 113.153, and 113.155 are effective by reason of the
  account contracts involved and this chapter and are not to be
  considered testamentary transfers or subject to the testamentary
  provisions of this title. (Tex. Prob. Code, Sec. 441.)
  [Sections 113.159-113.200 reserved for expansion]
  SUBCHAPTER E.  PROTECTION OF FINANCIAL INSTITUTIONS
         Sec. 113.201.  APPLICABILITY OF SUBCHAPTER.  This subchapter
  and Section 113.003(b) govern:
               (1)  the liability of financial institutions that make
  payments as provided by this subchapter; and
               (2)  the set-off rights of those institutions. (Tex.
  Prob. Code, Sec. 443.)
         Sec. 113.202.  PAYMENT OF MULTIPLE-PARTY ACCOUNT.  A
  multiple-party account may be paid, on request, to any one or more
  of the parties. (Tex. Prob. Code, Sec. 444 (part).)
         Sec. 113.203.  PAYMENT OF JOINT ACCOUNT.  (a)  Subject to
  Subsection (b), amounts in a joint account may be paid, on request,
  to any party without regard to whether any other party is
  incapacitated or deceased at the time the payment is demanded.
         (b)  Payment may not be made to the personal representative
  or heir of a deceased party unless:
               (1)  proofs of death are presented to the financial
  institution showing that the deceased party was the last surviving
  party; or
               (2)  there is no right of survivorship under Sections
  113.151, 113.152, 113.153, and 113.155. (Tex. Prob. Code, Sec. 445
  (part).)
         Sec. 113.204.  PAYMENT OF P.O.D. ACCOUNT.  (a) A P.O.D.
  account may be paid, on request, to any original payee of the
  account.
         (b)  Payment may be made, on request, to the P.O.D. payee or
  to the personal representative or heirs of a deceased P.O.D. payee
  on the presentation to the financial institution of proof of death
  showing that the P.O.D. payee survived each person named as an
  original payee.
         (c)  Payment may be made to the personal representative or
  heirs of a deceased original payee if proof of death is presented to
  the financial institution showing that the deceased original payee
  was the survivor of each other person named on the account as an
  original payee or a P.O.D. payee.  (Tex. Prob. Code, Sec. 446.)
         Sec. 113.205.  PAYMENT OF TRUST ACCOUNT.  (a) A trust
  account may be paid, on request, to any trustee.
         (b)  Unless a financial institution has received written
  notice that a beneficiary has a vested interest not dependent on the
  beneficiary's surviving the trustee, payment may be made to the
  personal representative or heirs of a deceased trustee if proof of
  death is presented to the financial institution showing that the
  deceased trustee was the survivor of each other person named on the
  account as a trustee or beneficiary.
         (c)  Payment may be made, on request, to a beneficiary if
  proof of death is presented to the financial institution showing
  that the beneficiary or beneficiaries survived all persons named as
  trustees. (Tex. Prob. Code, Sec. 447.)
         Sec. 113.206.  PAYMENT OF CONVENIENCE ACCOUNT.  Deposits to
  a convenience account and additions and accruals to the deposits
  may be paid to a party or a convenience signer.  (Tex. Prob. Code,
  Sec. 438A(f) (part).)
         Sec. 113.207.  LIABILITY FOR PAYMENT FROM JOINT ACCOUNT
  AFTER DEATH.  A financial institution that pays an amount from a
  joint account to a surviving party to that account in accordance
  with a written agreement under Section 113.151 is not liable to an
  heir, devisee, or beneficiary of the deceased party's estate.  
  (Tex. Prob. Code, Sec. 445 (part).)
         Sec. 113.208.  LIABILITY FOR PAYMENT FROM CONVENIENCE
  ACCOUNT.  (a)  A financial institution is completely released from
  liability for a payment made from a convenience account before the
  financial institution receives notice in writing signed by a party
  not to make the payment in accordance with the terms of the account.
  After receipt of the notice from a party, the financial institution
  may require a party to approve any further payments from the
  account.
         (b)  A financial institution that makes a payment of the sums
  on deposit in a convenience account to a convenience signer after
  the death of the last surviving party, but before the financial
  institution receives written notice of the last surviving party's
  death, is completely released from liability for the payment.
         (c)  A financial institution that makes a payment of the sums
  on deposit in a convenience account to the personal representative
  of the deceased last surviving party's estate after the death of the
  last surviving party, but before a court order prohibiting payment
  is served on the financial institution, is, to the extent of the
  payment, released from liability to any person claiming a right to
  the funds. The personal representative's receipt of the funds is a
  complete release and discharge of the financial institution. (Tex.
  Prob. Code, Secs. 438A(f) (part), (g).)
         Sec. 113.209.  DISCHARGE FROM CLAIMS.  (a) Payment made in
  accordance with Section 113.202, 113.203, 113.204, 113.205, or
  113.207 discharges the financial institution from all claims for
  those amounts paid regardless of whether the payment is consistent
  with the beneficial ownership of the account between parties,
  P.O.D. payees, or beneficiaries, or their successors.
         (b)  The protection provided by Subsection (a) does not
  extend to payments made after a financial institution receives,
  from any party able to request present payment, written notice to
  the effect that withdrawals in accordance with the terms of the
  account should not be permitted. Unless the notice is withdrawn by
  the person giving the notice, the successor of a deceased party must
  concur in a demand for withdrawal for the financial institution to
  be protected under Subsection (a).
         (c)  No notice, other than the notice described by Subsection
  (b), or any other information shown to have been available to a
  financial institution affects the institution's right to the
  protection provided by Subsection (a).
         (d)  The protection provided by Subsection (a) does not
  affect the rights of parties in disputes between the parties or the
  parties' successors concerning the beneficial ownership of funds
  in, or withdrawn from, multiple-party accounts. (Tex. Prob. Code,
  Sec. 448.)
         Sec. 113.210.  SET-OFF TO FINANCIAL INSTITUTION.  (a)
  Without qualifying any other statutory right to set-off or lien and
  subject to any contractual provision, if a party to a
  multiple-party account is indebted to a financial institution, the
  financial institution has a right to set-off against the account in
  which the party has, or had immediately before the party's death, a
  present right of withdrawal.
         (b)  The amount of the account subject to set-off under this
  section is that proportion to which the debtor is, or was
  immediately before the debtor's death, beneficially entitled, and
  in the absence of proof of net contributions, to an equal share with
  all parties having present rights of withdrawal. (Tex. Prob. Code,
  Sec. 449.)
  [Sections 113.211-113.250 reserved for expansion]
  SUBCHAPTER F.  RIGHTS OF CREDITORS; PLEDGE OF ACCOUNT
         Sec. 113.251.  PLEDGE OF ACCOUNT.  (a) A party to a
  multiple-party account may pledge the account or otherwise create a
  security interest in the account without the joinder of, as
  applicable, a P.O.D. payee, a beneficiary, a convenience signer, or
  any other party to a joint account, regardless of whether a right
  of survivorship exists.
         (b)  A convenience signer may not pledge or otherwise create
  a security interest in an account.
         (c)  Not later than the 30th day after the date a security
  interest on a multiple-party account is perfected, a secured
  creditor that is a financial institution with accounts insured by
  the Federal Deposit Insurance Corporation shall provide written
  notice of the pledge of the account to any other party to the
  account who did not create the security interest. The notice must
  be sent by certified mail to each other party at the last address
  the party provided to the depository bank.
         (d)  The financial institution is not required to provide the
  notice described by Subsection (c) to a P.O.D. payee, beneficiary,
  or convenience signer. (Tex. Prob. Code, Sec. 442 (part).)
         Sec. 113.252.  RIGHTS OF CREDITORS.  (a) A multiple-party
  account is not effective against:
               (1)  an estate of a deceased party to transfer to a
  survivor amounts needed to pay debts, taxes, and expenses of
  administration, including statutory allowances to the surviving
  spouse and minor children, if other assets of the estate are
  insufficient; or
               (2)  the claim of a secured creditor who has a lien on
  the account.
         (b)  A party, P.O.D. payee, or beneficiary who receives
  payment from a multiple-party account after the death of a deceased
  party is liable to account to the deceased party's personal
  representative for amounts the deceased party owned beneficially
  immediately before the party's death to the extent necessary to
  discharge the claims and charges described by Subsection (a) that
  remain unpaid after application of the deceased party's estate.  
  The party, P.O.D. payee, or beneficiary is not liable in an amount
  greater than the amount the party, P.O.D. payee, or beneficiary
  received from the multiple-party account.
         (c)  A proceeding to assert liability under Subsection (b):
               (1)  may only be commenced if the personal
  representative receives a written demand by a surviving spouse, a
  creditor, or one acting for a minor child of the deceased party; and
               (2)  must be commenced on or before the second
  anniversary of the death of the deceased party.
         (d)  Amounts recovered by the personal representative under
  this section must be administered as part of the decedent's estate.  
  (Tex. Prob. Code, Sec. 442 (part).)
         Sec. 113.253.  NO EFFECT ON CERTAIN RIGHTS AND LIABILITIES
  OF FINANCIAL INSTITUTIONS.  This subchapter does not:
               (1)  affect the right of a financial institution to
  make payment on multiple-party accounts according to the terms of
  the account; or
               (2)  make the financial institution liable to the
  estate of a deceased party unless, before payment, the institution
  received written notice from the personal representative stating
  the amounts needed to pay debts, taxes, claims, and expenses of
  administration. (Tex. Prob. Code, Sec. 442 (part).)
  [Chapters 114-120 reserved for expansion]
  CHAPTER 121. SURVIVAL REQUIREMENTS
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 121.001.  APPLICABILITY OF CHAPTER 
  [Sections 121.002-121.050 reserved for expansion]
  SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND CERTAIN OTHER PURPOSES
  CERTAIN OTHER PURPOSES
  Sec. 121.051.  APPLICABILITY OF SUBCHAPTER 
  Sec. 121.052.  REQUIRED PERIOD OF SURVIVAL FOR
        
                  PURPOSES 
  Sec. 121.053.  INTESTATE SUCCESSION: FAILURE TO
        
                  CIRCUMSTANCES 
  [Sections 121.054-121.100 reserved for expansion]
  SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES
  Sec. 121.101.  REQUIRED PERIOD OF SURVIVAL FOR DEVISEE 
  Sec. 121.102.  REQUIRED PERIOD OF SURVIVAL FOR
                  CONTINGENT BENEFICIARY 
  [Sections 121.103-121.150 reserved for expansion]
  SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE TO SURVIVE FOR REQUIRED PERIOD
  TO SURVIVE FOR REQUIRED PERIOD
  Sec. 121.151.  DISTRIBUTION OF COMMUNITY PROPERTY 
  Sec. 121.152.  DISTRIBUTION OF PROPERTY OWNED BY JOINT
                  OWNERS 
  Sec. 121.153.  DISTRIBUTION OF CERTAIN INSURANCE
                  PROCEEDS 
  CHAPTER 121. SURVIVAL REQUIREMENTS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 121.001.  APPLICABILITY OF CHAPTER. This chapter does
  not apply if provision has been made by will, living trust, deed, or
  insurance contract, or in any other manner, for a disposition of
  property that is different from the disposition of the property
  that would be made if the provisions of this chapter applied. (Tex.
  Prob. Code, Sec. 47(f).)
  [Sections 121.002-121.050 reserved for expansion]
  SUBCHAPTER B. SURVIVAL REQUIREMENT FOR INTESTATE SUCCESSION AND
  CERTAIN OTHER PURPOSES
         Sec. 121.051.  APPLICABILITY OF SUBCHAPTER. This subchapter
  does not apply if the application of this subchapter would result in
  the escheat of an intestate estate. (Tex. Prob. Code, Sec. 47(a)
  (part).)
         Sec. 121.052.  REQUIRED PERIOD OF SURVIVAL FOR INTESTATE
  SUCCESSION AND CERTAIN OTHER PURPOSES. A person who does not
  survive a decedent by 120 hours is considered to have predeceased
  the decedent for purposes of the homestead allowance, exempt
  property, and intestate succession, and the decedent's heirs are
  determined accordingly, except as otherwise provided by this
  chapter. (Tex. Prob. Code, Sec. 47(a) (part).)
         Sec. 121.053.  INTESTATE SUCCESSION: FAILURE TO SURVIVE
  PRESUMED UNDER CERTAIN CIRCUMSTANCES. A person who, if the person
  survived a decedent by 120 hours, would be the decedent's heir is
  considered not to have survived the decedent for the required
  period if:
               (1)  the time of death of the decedent or of the person,
  or the times of death of both, cannot be determined; and
               (2)  the person's survival for the required period
  after the decedent's death cannot be established. (Tex. Prob.
  Code, Sec. 47(a) (part).)
  [Sections 121.054-121.100 reserved for expansion]
  SUBCHAPTER C. SURVIVAL REQUIREMENTS FOR CERTAIN BENEFICIARIES
         Sec. 121.101.  REQUIRED PERIOD OF SURVIVAL FOR DEVISEE. A
  devisee who does not survive the testator by 120 hours is treated as
  if the devisee predeceased the testator unless the testator's will
  contains some language that:
               (1)  deals explicitly with simultaneous death or deaths
  in a common disaster; or
               (2)  requires the devisee to survive the testator, or
  to survive the testator for a stated period, to take under the will.
  (Tex. Prob. Code, Sec. 47(c) (part).)
         Sec. 121.102.  REQUIRED PERIOD OF SURVIVAL FOR CONTINGENT
  BENEFICIARY. (a) If property is disposed of in a manner that
  conditions the right of a beneficiary to succeed to an interest in
  the property on the beneficiary surviving another person, the
  beneficiary is considered not to have survived the other person
  unless the beneficiary survives the person by 120 hours, except as
  provided by Subsection (b).
         (b)  If an interest in property is given alternatively to one
  of two or more beneficiaries, with the right of each beneficiary to
  take being dependent on that beneficiary surviving the other
  beneficiary or beneficiaries, and all of the beneficiaries die
  within a period of less than 120 hours, the property shall be
  divided into as many equal portions as there are beneficiaries. The
  portions shall be distributed respectively to those who would have
  taken if each beneficiary had survived. (Tex. Prob. Code, Sec.
  47(c) (part).)
  [Sections 121.103-121.150 reserved for expansion]
  SUBCHAPTER D. DISTRIBUTION OF CERTAIN PROPERTY ON PERSON'S FAILURE
  TO SURVIVE FOR REQUIRED PERIOD
         Sec. 121.151.  DISTRIBUTION OF COMMUNITY PROPERTY. (a)
  This section applies to community property, including the proceeds
  of life or accident insurance that are community property and
  become payable to the estate of either the husband or wife.
         (b)  If a husband and wife die leaving community property but
  neither survives the other by 120 hours, one-half of all community
  property shall be distributed as if the husband had survived, and
  the other one-half shall be distributed as if the wife had survived.
  (Tex. Prob. Code, Sec. 47(b).)
         Sec. 121.152.  DISTRIBUTION OF PROPERTY OWNED BY JOINT
  OWNERS. If property, including community property with a right of
  survivorship, is owned so that one of two joint owners is entitled
  to the whole of the property on the death of the other, but neither
  survives the other by 120 hours, one-half of the property shall be
  distributed as if one joint owner had survived, and the other
  one-half shall be distributed as if the other joint owner had
  survived. If there are more than two joint owners and all of the
  joint owners die within a period of less than 120 hours, the
  property shall be divided into as many equal portions as there are
  joint owners and the portions shall be distributed respectively to
  those who would have taken if each joint owner survived. (Tex.
  Prob. Code, Sec. 47(d).)
         Sec. 121.153.  DISTRIBUTION OF CERTAIN INSURANCE PROCEEDS.
  (a) If the insured under a life or accident insurance policy and a
  beneficiary of the proceeds of that policy die within a period of
  less than 120 hours, the insured is considered to have survived the
  beneficiary for the purpose of determining the rights under the
  policy of the beneficiary or beneficiaries as such.
         (b)  This section does not prevent the applicability of
  Section 121.151 to proceeds of life or accident insurance that are
  community property. (Tex. Prob. Code, Sec. 47(e).)
  CHAPTER 122. DISCLAIMERS AND ASSIGNMENTS
  SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER
  Sec. 122.001.  DEFINITIONS 
  Sec. 122.002.  WHO MAY DISCLAIM 
  Sec. 122.003.  EFFECTIVE DATE; CREDITORS' CLAIMS 
  Sec. 122.004.  DISCLAIMER IRREVOCABLE 
  Sec. 122.005.  POWER TO PROVIDE METHOD OF DISCLAIMER 
  [Sections 122.006-122.050 reserved for expansion]
  SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER
  Sec. 122.051.  FORM 
  Sec. 122.052.  FILING IN PROBATE COURT 
  Sec. 122.053.  FILING IN COUNTY OF DECEDENT'S RESIDENCE 
  Sec. 122.054.  NONRESIDENT DECEDENT 
  Sec. 122.055.  FILING DEADLINE 
  Sec. 122.056.  NOTICE 
  [Sections 122.057-122.100 reserved for expansion]
  SUBCHAPTER C. EFFECT OF DISCLAIMER
  Sec. 122.101.  EFFECT 
  Sec. 122.102.  INEFFECTIVE DISCLAIMER 
  Sec. 122.103.  SUBSEQUENT DISCLAIMER 
  Sec. 122.104.  DISCLAIMER AFTER ACCEPTANCE 
  Sec. 122.105.  INTEREST IN TRUST PROPERTY 
  Sec. 122.106.  INTEREST IN SECURITIES 
  [Sections 122.107-122.150 reserved for expansion]
  SUBCHAPTER D. PARTIAL DISCLAIMER
  Sec. 122.151.  PARTIAL DISCLAIMER 
  Sec. 122.152.  EFFECT OF PARTIAL DISCLAIMER 
  Sec. 122.153.  PARTIAL DISCLAIMER BY SPOUSE 
  [Sections 122.154-122.200 reserved for expansion]
  SUBCHAPTER E. ASSIGNMENT OF INTEREST
  Sec. 122.201.  ASSIGNMENT 
  Sec. 122.202.  FILING OF ASSIGNMENT 
  Sec. 122.203.  NOTICE 
  Sec. 122.204.  FAILURE TO COMPLY 
  Sec. 122.205.  GIFT 
  Sec. 122.206.  SPENDTHRIFT PROVISION 
  CHAPTER 122.  DISCLAIMERS AND ASSIGNMENTS
  SUBCHAPTER A. GENERAL PROVISIONS RELATING TO DISCLAIMER
         Sec. 122.001.  DEFINITIONS. In this chapter, other than
  Subchapter E:
               (1)  "Beneficiary" includes a person who would have
  been entitled, if the person had not made a disclaimer, to receive
  property as a result of the death of another person:
                     (A)  by inheritance;
                     (B)  under a will;
                     (C)  by an agreement between spouses for community
  property with a right of survivorship;
                     (D)  by a joint tenancy with a right of
  survivorship;
                     (E)  by a survivorship agreement, account, or
  interest in which the interest of the decedent passes to a surviving
  beneficiary;
                     (F)  by an insurance, annuity, endowment,
  employment, deferred compensation, or other contract or
  arrangement; or
                     (G)  under a pension, profit sharing, thrift,
  stock bonus, life insurance, survivor income, incentive, or other
  plan or program providing retirement, welfare, or fringe benefits
  with respect to an employee or a self-employed individual.
               (2)  "Disclaimer" includes renunciation.
               (3)  "Property" includes all legal and equitable
  interests, powers, and property, present or future, vested or
  contingent, and beneficial or burdensome, in whole or in part.
  (Tex. Prob. Code, Sec. 37A(e).)
         Sec. 122.002.  WHO MAY DISCLAIM. (a) A person who may be
  entitled to receive property as a beneficiary  who on or after
  September 1, 1977, intends to irrevocably disclaim all or any part
  of the property shall evidence the disclaimer as provided by this
  chapter.
         (b)  Subject to Subsection (c), the legally authorized
  representative of a person who may be entitled to receive property
  as a beneficiary who on or after September 1, 1977, intends to
  irrevocably disclaim all or any part of the property on the
  beneficiary's behalf shall evidence the disclaimer as provided by
  this chapter.
         (c)  A disclaimer made by a legally authorized
  representative described by Subsection (d)(1), (2), or (3), other
  than an independent executor, must be made with prior court
  approval of the court that has or would have jurisdiction over the
  legally authorized representative.  A disclaimer made by an
  independent executor on behalf of a decedent may be made without
  prior court approval.
         (d)  In this section, "legally authorized representative" 
  means:
               (1)  a guardian if the person entitled to receive the
  property as a beneficiary is an incapacitated person;
               (2)  a guardian ad litem if the person entitled to
  receive the property as a beneficiary is an unborn or unascertained
  person;
               (3)  a personal representative, including an
  independent executor, if the person entitled to receive the
  property as a beneficiary is a decedent; or
               (4)  an attorney in fact or agent appointed under a
  durable power of attorney authorizing disclaimers if the person
  entitled to receive the property as a beneficiary executed the
  power of attorney as a principal.  (Tex. Prob. Code, Sec. 37A(a).)
         Sec. 122.003.  EFFECTIVE DATE; CREDITORS' CLAIMS. (a) A
  disclaimer evidenced as provided by this chapter is effective for
  all purposes as of the date of the decedent's death.
         (b)  Property disclaimed in accordance with this chapter is
  not subject to the claims of a creditor of the disclaimant.  (Tex.
  Prob. Code, Sec. 37A(b).)
         Sec. 122.004.  DISCLAIMER IRREVOCABLE. A disclaimer that is
  filed and served as provided by this chapter is irrevocable.  (Tex.
  Prob. Code, Sec. 37A(k).)
         Sec. 122.005.  POWER TO PROVIDE METHOD OF DISCLAIMER. A
  will, insurance policy, employee benefit agreement, or other
  instrument may provide for the making of a disclaimer by a
  beneficiary of an interest receivable under that instrument and for
  the disposition of disclaimed property in a manner different than
  provided by this chapter.  (Tex. Prob. Code, Sec. 37A(j).)
  [Sections 122.006-122.050 reserved for expansion]
  SUBCHAPTER B. FORM, FILING, AND NOTICE OF DISCLAIMER
         Sec. 122.051.  FORM. A disclaimer of property receivable by
  a beneficiary must be evidenced by written memorandum acknowledged
  before:
               (1)  a notary public; or
               (2)  another person authorized to take acknowledgments
  of conveyances of real estate. (Tex. Prob. Code, Sec. 37A(g).)
         Sec. 122.052.  FILING IN PROBATE COURT. Except as provided
  by Sections 122.053 and 122.054, the written memorandum of
  disclaimer must be filed in the probate court in which:
               (1)  the decedent's will has been probated;
               (2)  proceedings have commenced for the administration
  of the decedent's estate; or
               (3)  an application has been filed for probate of the
  decedent's will or administration of the decedent's estate.  (Tex.
  Prob. Code, Sec. 37A(h) (part).)
         Sec. 122.053.  FILING IN COUNTY OF DECEDENT'S RESIDENCE.
  The written memorandum of disclaimer must be filed with the county
  clerk of the county of the decedent's residence on the date of the
  decedent's death if:
               (1)  the administration of the decedent's estate is
  closed;
               (2)  one year has expired since the date letters
  testamentary were issued in an independent administration;
               (3)  a will of the decedent has not been probated or
  filed for probate;
               (4)  administration of the decedent's estate has not
  commenced; or
               (5)  an application for administration of the
  decedent's estate has not been filed.  (Tex. Prob. Code, Sec. 37A(h)
  (part).)
         Sec. 122.054.  NONRESIDENT DECEDENT. If the decedent is not
  a resident of this state on the date of the decedent's death and the
  disclaimer is of real property that is located in this state, the
  written memorandum of disclaimer must be:
               (1)  filed with the county clerk of the county in which
  the real property is located; and
               (2)  recorded by the county clerk in the deed records of
  that county.  (Tex. Prob. Code, Sec. 37A(h) (part).)
         Sec. 122.055.  FILING DEADLINE. (a) Except as provided by
  Subsection (c), a written memorandum of disclaimer of a present
  interest must be filed not later than nine months after the date of
  the decedent's death.
         (b)  Except as provided by Subsection (c), a written
  memorandum of disclaimer of a future interest may be filed not later
  than nine months after the date of the event determining that the
  taker of the property or interest is finally ascertained and the
  taker's interest is indefeasibly vested.
         (c)  If the beneficiary is a charitable organization or a
  governmental agency of the state, a written memorandum of
  disclaimer of a present or future interest must be filed not later
  than the later of:
               (1)  the first anniversary of the date the beneficiary
  receives the notice required by Subchapter A, Chapter 308; or
               (2)  the expiration of the six-month period following
  the date the personal representative files the inventory,
  appraisement, and list of claims due or owing to the estate.  (Tex.
  Prob. Code, Sec. 37A(h) (part).)
         Sec. 122.056.  NOTICE. (a) Except as provided by Subsection
  (b), a copy of the written memorandum of disclaimer shall be
  delivered in person to, or mailed by registered or certified mail to
  and received by, the legal representative of the transferor of the
  interest or the holder of legal title to the property to which the
  disclaimer relates not later than nine months after:
               (1)  the date of the decedent's death; or
               (2)  if the interest is a future interest, the date the
  person who will receive the property or interest is finally
  ascertained and the person's interest is indefeasibly vested.
         (b)  If the beneficiary is a charitable organization or a
  governmental agency of this state, notice of a disclaimer required
  by Subsection (a) must be filed not later than the later of:
               (1)  the first anniversary of the date the beneficiary
  receives the notice required by Subchapter A, Chapter 308; or
               (2)  the expiration of the six-month period following
  the date the personal representative files the inventory,
  appraisement, and list of claims due or owing to the estate.  (Tex.
  Prob. Code, Sec. 37A(i).)
  [Sections 122.057-122.100 reserved for expansion]
  SUBCHAPTER C. EFFECT OF DISCLAIMER
         Sec. 122.101.  EFFECT. Unless the decedent's will provides
  otherwise:
               (1)  property subject to a disclaimer passes as if the
  person disclaiming or on whose behalf a disclaimer is made had
  predeceased the decedent; and
               (2)  a future interest that would otherwise take effect
  in possession or enjoyment after the termination of the estate or
  interest that is disclaimed takes effect as if the disclaiming
  beneficiary had predeceased the decedent.  (Tex. Prob. Code, Sec.
  37A(c).)
         Sec. 122.102.  INEFFECTIVE DISCLAIMER. (a) Except as
  provided by Subsection (b), a disclaimer that does not comply with
  this chapter is ineffective.
         (b)  A disclaimer otherwise ineffective under Subsection (a)
  is effective as an assignment of the disclaimed property to those
  who would have received the property had the person attempting the
  disclaimer died before the decedent.  (Tex. Prob. Code, Sec.
  37A(d).)
         Sec. 122.103.  SUBSEQUENT DISCLAIMER. This chapter does not
  prevent a person who is entitled to property as the result of a
  disclaimer from subsequently disclaiming the property.  (Tex. Prob.
  Code, Sec. 37A(f).)
         Sec. 122.104.  DISCLAIMER AFTER ACCEPTANCE. A disclaimer is
  not effective if the person making the disclaimer has previously
  accepted the property by taking possession or exercising dominion
  and control of the property as a beneficiary.  (Tex. Prob. Code,
  Sec. 37A(n).)
         Sec. 122.105.  INTEREST IN TRUST PROPERTY. A beneficiary
  who accepts an interest in a trust is not considered to have a
  direct or indirect interest in trust property that relates to a
  licensed or permitted business and over which the beneficiary
  exercises no control. (Tex. Prob. Code, Sec. 37A(o) (part).)
         Sec. 122.106.  INTEREST IN SECURITIES. Direct or indirect
  beneficial ownership of not more than five percent of any class of
  equity securities that is registered under the Securities Exchange
  Act of 1934 (15 U.S.C. Section 78a et seq.) is not considered an
  ownership interest in the business of the issuer of the securities
  within the meaning of any statute, pursuant thereto.  (Tex. Prob.
  Code, Sec. 37A(o) (part).)
  [Sections 122.107-122.150 reserved for expansion]
  SUBCHAPTER D.  PARTIAL DISCLAIMER
         Sec. 122.151.  PARTIAL DISCLAIMER. A person who may be
  entitled to receive property as a beneficiary may wholly or partly
  disclaim the property, including:
               (1)  specific powers of invasion;
               (2)  powers of appointment; and
               (3)  fee estate in favor of life estates.  (Tex. Prob.
  Code, Sec. 37A(l) (part).)
         Sec. 122.152.  EFFECT OF PARTIAL DISCLAIMER. A partial
  disclaimer in accordance with this chapter is effective whether the
  property disclaimed constitutes a portion of a single, aggregate
  gift or constitutes part or all of a separate, independent gift,
  except that:
               (1)  a partial disclaimer is effective only with
  respect to property expressly described or referred to by category
  in the disclaimer; and
               (2)  a partial disclaimer of property subject to a
  burdensome interest created by the decedent's will is not effective
  unless the property constitutes a gift separate and distinct from
  undisclaimed gifts. (Tex. Prob. Code, Sec. 37A(l) (part).)
         Sec. 122.153.  PARTIAL DISCLAIMER BY SPOUSE. A disclaimer
  by the decedent's surviving spouse of a transfer by the decedent is
  not a disclaimer by the surviving spouse of all or any part of any
  other transfer from the decedent to or for the benefit of the
  surviving spouse, regardless of whether the property or interest
  that would have passed under the disclaimed transfer passes because
  of the disclaimer to or for the benefit of the surviving spouse by
  the other transfer.  (Tex. Prob. Code, Sec. 37A(m).)
  [Sections 122.154-122.200 reserved for expansion]
  SUBCHAPTER E. ASSIGNMENT OF INTEREST
         Sec. 122.201.  ASSIGNMENT. A person who is entitled to
  receive property or an interest in property from a decedent under a
  will, by inheritance, or as a beneficiary under a life insurance
  contract, and does not disclaim the property under this chapter may
  assign the property or interest in property to any person.  (Tex.
  Prob. Code, Sec. 37B(a).)
         Sec. 122.202.  FILING OF ASSIGNMENT. An assignment may, at
  the request of the assignor, be filed as provided for the filing of
  a disclaimer under Subchapter B.  (Tex. Prob. Code, Sec. 37B(b)
  (part).)
         Sec. 122.203.  NOTICE. Notice of the filing of an assignment
  as provided by Section 122.202 must be served as required by Section
  122.056 for notice of a disclaimer.  (Tex. Prob. Code, Sec. 37B(b)
  (part).)
         Sec. 122.204.  FAILURE TO COMPLY. Failure to comply with
  Subchapters A, B, C, and D does not affect an assignment.  (Tex.
  Prob. Code, Sec. 37B(c).)
         Sec. 122.205.  GIFT. An assignment under this subchapter is
  a gift to the assignee and is not a disclaimer under Subchapters A,
  B, C, and D.  (Tex. Prob. Code, Sec. 37B(d).)
         Sec. 122.206.  SPENDTHRIFT PROVISION. An assignment of
  property or interest that would defeat a spendthrift provision
  imposed in a trust may not be made under this subchapter.  (Tex.
  Prob. Code, Sec. 37B(e).)
  CHAPTER 123. DISSOLUTION OF MARRIAGE
  SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL
  Sec. 123.001.  WILL PROVISIONS MADE BEFORE DISSOLUTION
                  OF MARRIAGE 
  Sec. 123.002.  TREATMENT OF DECEDENT'S FORMER SPOUSE 
  [Sections 123.003-123.050 reserved for expansion]
  SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN NONTESTAMENTARY TRANSFERS
  NONTESTAMENTARY TRANSFERS
  Sec. 123.051.  DEFINITIONS 
  Sec. 123.052.  REVOCATION OF CERTAIN NONTESTAMENTARY
        
        
                  OR PLANS 
  Sec. 123.053.  EFFECT OF REVOCATION 
  Sec. 123.054.  LIABILITY OF CERTAIN PURCHASERS OR
        
                  BENEFITS, OR PROPERTY 
  Sec. 123.055.  LIABILITY OF FORMER SPOUSE FOR CERTAIN
                  PAYMENTS, BENEFITS, OR PROPERTY 
  [Sections 123.056-123.100 reserved for expansion]
  SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
  Sec. 123.101.  PROCEEDING TO VOID MARRIAGE BASED ON
        
                  DEATH 
  Sec. 123.102.  APPLICATION TO VOID MARRIAGE AFTER DEATH 
  Sec. 123.103.  ACTION ON APPLICATION TO VOID MARRIAGE
                  AFTER DEATH 
  Sec. 123.104.  EFFECT OF VOIDED MARRIAGE 
  CHAPTER 123. DISSOLUTION OF MARRIAGE
  SUBCHAPTER A. EFFECT OF DISSOLUTION OF MARRIAGE ON WILL
         Sec. 123.001.  WILL PROVISIONS MADE BEFORE DISSOLUTION OF
  MARRIAGE.  (a) In this section, "relative" means an individual
  related to another individual by:
               (1)  consanguinity, as determined under Section
  573.022, Government Code; or
               (2)  affinity, as determined under Section 573.024,
  Government Code.
         (b)  If, after the testator makes a will, the testator's
  marriage is dissolved by divorce, annulment, or a declaration that
  the marriage is void, all provisions in the will, including all
  fiduciary appointments, shall be read as if the former spouse and
  each relative of the former spouse who is not a relative of the
  testator failed to survive the testator, unless the will expressly
  provides otherwise.  (Tex. Prob. Code, Secs. 69(a), (b).)
         Sec. 123.002.  TREATMENT OF DECEDENT'S FORMER SPOUSE. A
  person is not a surviving spouse of a decedent if the person's
  marriage to the decedent has been dissolved by divorce, annulment,
  or a declaration that the marriage is void, unless:
               (1)  as the result of a subsequent marriage, the person
  is married to the decedent at the time of death; and
               (2)  the subsequent marriage is not declared void under
  Subchapter C.  (Tex. Prob. Code, Sec. 69(c).)
  [Sections 123.003-123.050 reserved for expansion]
  SUBCHAPTER B. EFFECT OF DISSOLUTION OF MARRIAGE ON CERTAIN
  NONTESTAMENTARY TRANSFERS
         Sec. 123.051.  DEFINITIONS. In this subchapter:
               (1)  "Disposition or appointment of property" includes
  a transfer of property to or a provision of another benefit to a
  beneficiary under a trust instrument.
               (2)  "Divorced individual" means an individual whose
  marriage has been dissolved by divorce or annulment.
               (3)  "Revocable," with respect to a disposition,
  appointment, provision, or nomination, means a disposition to,
  appointment of, provision in favor of, or nomination of an
  individual's spouse that is contained in a trust instrument
  executed by the individual before the dissolution of the
  individual's marriage to the spouse and that the individual was
  solely empowered by law or by the trust instrument to revoke
  regardless of whether the individual had the capacity to exercise
  the power at that time. (Tex. Prob. Code, Sec. 471.)
         Sec. 123.052.  REVOCATION OF CERTAIN NONTESTAMENTARY
  TRANSFERS; TREATMENT OF FORMER SPOUSE AS BENEFICIARY UNDER CERTAIN
  POLICIES OR PLANS.  (a)  The dissolution of the marriage revokes a
  provision in a trust instrument that was executed by a divorced
  individual before the individual's marriage was dissolved and that:
               (1)  is a revocable disposition or appointment of
  property made to the individual's former spouse;
               (2)  confers a general or special power of appointment
  on the individual's former spouse; or
               (3)  nominates the individual's former spouse to serve:
                     (A)  as a personal representative, trustee,
  conservator, agent, or guardian; or
                     (B)  in another fiduciary or representative
  capacity.
         (b)  Subsection (a) does not apply if one of the following
  provides otherwise:
               (1)  a court order;
               (2)  the express terms of a trust instrument executed
  by the divorced individual before the individual's marriage was
  dissolved; or
               (3)  an express provision of a contract relating to the
  division of the marital estate entered into between the divorced
  individual and the individual's former spouse before, during, or
  after the marriage.
         (c)  Sections 9.301 and 9.302, Family Code, govern the
  designation of a former spouse as a beneficiary of certain life
  insurance policies or as a beneficiary under certain retirement
  benefit plans or other financial plans.  (Tex. Prob. Code, Sec.
  472(a); New.)
         Sec. 123.053.  EFFECT OF REVOCATION. (a) An interest granted
  in a provision of a trust instrument that is revoked under Section
  123.052(a)(1) or (2) passes as if the former spouse of the divorced
  individual who executed the trust instrument disclaimed the
  interest granted in the provision.
         (b)  An interest granted in a provision of a trust instrument
  that is revoked under Section 123.052(a)(3) passes as if the former
  spouse died immediately before the dissolution of the marriage.
  (Tex. Prob. Code, Sec. 472(b).)
         Sec. 123.054.  LIABILITY OF CERTAIN PURCHASERS OR RECIPIENTS
  OF CERTAIN PAYMENTS, BENEFITS, OR PROPERTY.  A bona fide purchaser
  of property from a divorced individual's former spouse or a person
  who receives from the former spouse a payment, benefit, or property
  in partial or full satisfaction of an enforceable obligation:
               (1)  is not required by this subchapter to return the
  payment, benefit, or property; and
               (2)  is not liable under this subchapter for the amount
  of the payment or the value of the property or benefit. (Tex. Prob.
  Code, Sec. 473(a).)
         Sec. 123.055.  LIABILITY OF FORMER SPOUSE FOR CERTAIN
  PAYMENTS, BENEFITS, OR PROPERTY. A divorced individual's former
  spouse who, not for value, receives a payment, benefit, or property
  to which the former spouse is not entitled as a result of Sections
  123.052(a) and (b):
               (1)  shall return the payment, benefit, or property to
  the person who is entitled to the payment, benefit, or property
  under this subchapter; or
               (2)  is personally liable to the person described by
  Subdivision (1) for the amount of the payment or the value of the
  benefit or property received, as applicable.  (Tex. Prob. Code,
  Sec. 473(b).)
  [Sections 123.056-123.100 reserved for expansion]
  SUBCHAPTER C. CERTAIN MARRIAGES VOIDABLE AFTER DEATH
         Sec. 123.101.  PROCEEDING TO VOID MARRIAGE BASED ON MENTAL
  CAPACITY PENDING AT TIME OF DEATH. (a) If a proceeding under Chapter
  6, Family Code, to declare a marriage void based on the lack of
  mental capacity of one of the parties to the marriage is pending on
  the date of death of one of those parties, or if a guardianship
  proceeding in which a court is requested under Chapter 6, Family
  Code, to declare a ward's or proposed ward's marriage void based on
  the lack of mental capacity of the ward or proposed ward is pending
  on the date of the ward's or proposed ward's death, the court may
  make the determination and declare the marriage void after the
  decedent's death.
         (b)  In making a determination described by Subsection (a),
  the court shall apply the standards for an annulment prescribed by
  Section 6.108(a), Family Code.  (Tex. Prob. Code, Sec. 47A(a).)
         Sec. 123.102.  APPLICATION TO VOID MARRIAGE AFTER DEATH. (a)
  Subject to Subsection (c), if a proceeding described by Section
  123.101(a) is not pending on the date of a decedent's death, an
  interested person may file an application with the court requesting
  that the court void the marriage of the decedent if:
               (1)  on the date of the decedent's death, the decedent
  was married; and
               (2)  that marriage commenced not earlier than three
  years before the date of the decedent's death.
         (b)  The notice applicable to a proceeding for a declaratory
  judgment under Chapter 37, Civil Practice and Remedies Code,
  applies to a proceeding under Subsection (a).
         (c)  An application authorized by Subsection (a) may not be
  filed after the first anniversary of the date of the decedent's
  death. (Tex. Prob. Code, Secs. 47A(b), (c).)
         Sec. 123.103.  ACTION ON APPLICATION TO VOID MARRIAGE AFTER
  DEATH. (a) Except as provided by Subsection (b), in a proceeding
  brought under Section 123.102, the court shall declare the
  decedent's marriage void if the court finds that, on the date the
  marriage occurred, the decedent did not have the mental capacity
  to:
               (1)  consent to the marriage; and
               (2)  understand the nature of the marriage ceremony, if
  a ceremony occurred.
         (b)  A court that makes a finding described by Subsection (a)
  may not declare the decedent's marriage void if the court finds
  that, after the date the marriage occurred, the decedent:
               (1)  gained the mental capacity to recognize the
  marriage relationship; and
               (2)  did recognize the marriage relationship. (Tex.
  Prob. Code, Secs. 47A(d), (e).)
         Sec. 123.104.  EFFECT OF VOIDED MARRIAGE. If the court
  declares a decedent's marriage void in a proceeding described by
  Section 123.101(a) or brought under Section 123.102, the other
  party to the marriage is not considered the decedent's surviving
  spouse for purposes of any law of this state. (Tex. Prob. Code, Sec.
  47A(f).)
  CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
  SUBCHAPTER A. APPORTIONMENT OF TAXES
  Sec. 124.001.  DEFINITIONS 
  Sec. 124.002.  REFERENCES TO INTERNAL REVENUE CODE 
  Sec. 124.003.  APPORTIONMENT DIRECTED BY FEDERAL LAW 
  Sec. 124.004.  EFFECT OF DISCLAIMERS 
  Sec. 124.005.  GENERAL APPORTIONMENT OF ESTATE TAX;
                  EXCEPTIONS 
  Sec. 124.006.  EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR
                  CREDITS 
  Sec. 124.007.  EXCLUSION OF CERTAIN PROPERTY FROM
                  APPORTIONMENT 
  Sec. 124.008.  EXCLUSION OF CERTAIN TEMPORARY
                  INTERESTS FROM APPORTIONMENT 
  Sec. 124.009.  QUALIFIED REAL PROPERTY 
  Sec. 124.010.  EFFECT OF EXTENSION OR DEFICIENCY IN
        
                  REPRESENTATIVE 
  Sec. 124.011.  APPORTIONMENT OF INTEREST AND PENALTIES 
  Sec. 124.012.  APPORTIONMENT OF REPRESENTATIVE'S
                  EXPENSES 
  Sec. 124.013.  WITHHOLDING OF ESTATE TAX SHARE BY
                  REPRESENTATIVE 
  Sec. 124.014.  RECOVERY OF ESTATE TAX SHARE NOT
                  WITHHELD 
  Sec. 124.015.  RECOVERY OF UNPAID ESTATE TAX;
                  REIMBURSEMENT 
  Sec. 124.016.  TIME TO INITIATE ACTIONS TO RECOVER
                  UNPAID ESTATE TAX 
  Sec. 124.017.  TAX OR DEATH DUTY PAYABLE TO ANOTHER
                  STATE 
  Sec. 124.018.  PAYMENT OF EXPENSES AND ATTORNEY'S FEES 
  [Sections 124.019-124.050 reserved for expansion]
  SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS
  Sec. 124.051.  VALUATION OF PROPERTY DISTRIBUTED IN
                  KIND IN SATISFACTION OF PECUNIARY GIFT 
  Sec. 124.052.  SATISFACTION OF MARITAL DEDUCTION
                  PECUNIARY GIFTS WITH ASSETS IN KIND 
  CHAPTER 124. VALUATION AND TAXATION OF ESTATE PROPERTY
  SUBCHAPTER A. APPORTIONMENT OF TAXES
         Sec. 124.001.  DEFINITIONS. In this subchapter:
               (1)  "Court" means:
                     (A)  a court in which proceedings for
  administration of an estate are pending or have been completed; or
                     (B)  if no proceedings are pending or have been
  completed, a court in which venue lies for the administration of an
  estate.
               (2)  "Estate" means the gross estate of a decedent as
  determined for the purpose of estate taxes.
               (3)  "Estate tax" means any estate, inheritance, or
  death tax levied or assessed on the property of a decedent's estate
  because of the death of a person and imposed by federal, state,
  local, or foreign law, including the federal estate tax and the
  inheritance tax imposed by Chapter 211, Tax Code, and including
  interest and penalties imposed in addition to those taxes. The term
  does not include a tax imposed under Section 2701(d)(1)(A),
  Internal Revenue Code of 1986 (26 U.S.C. Section 2701(d)).
               (4)  "Person" includes a trust, natural person,
  partnership, association, joint stock company, corporation,
  government, political subdivision, or governmental agency.
               (5)  "Person interested in the estate" means a person,
  or a fiduciary on behalf of that person, who is entitled to receive
  or who has received, from a decedent or because of the death of the
  decedent, property included in the decedent's estate for purposes
  of the estate tax. The term does not include a creditor of the
  decedent or of the decedent's estate.
               (6)  "Representative" means the representative,
  executor, or administrator of an estate, or any other person who is
  required to pay estate taxes assessed against the estate. (Tex.
  Prob. Code, Secs. 322A(a), (s).)
         Sec. 124.002.  REFERENCES TO INTERNAL REVENUE CODE.  A
  reference in this subchapter to a section of the Internal Revenue
  Code of 1986 refers to that section as it exists at the time in
  question.  The reference also includes a corresponding section of a
  subsequent Internal Revenue Code and, if the referenced section is
  renumbered, the section as renumbered.  (Tex. Prob. Code, Sec.
  322A(x).)
         Sec. 124.003.  APPORTIONMENT DIRECTED BY FEDERAL LAW.  If
  federal law directs the apportionment of the federal estate tax, a
  similar state tax shall be apportioned in the same manner.  (Tex.
  Prob. Code, Sec. 322A(l).)
         Sec. 124.004.  EFFECT OF DISCLAIMERS. This subchapter shall
  be applied after giving effect to any disclaimers made in
  accordance with Subchapters A, B, C, and D, Chapter 122. (Tex.
  Prob. Code, Sec. 322A(p).)
         Sec. 124.005.  GENERAL APPORTIONMENT OF ESTATE TAX;
  EXCEPTIONS. (a)  A representative shall charge each person
  interested in the estate a portion of the total estate tax assessed
  against the estate. The portion charged to each person must
  represent the same ratio as the taxable value of that person's
  interest in the estate included in determining the amount of the tax
  bears to the total taxable value of all the interests of all persons
  interested in the estate included in determining the amount of the
  tax. In apportioning an estate tax under this subsection, the
  representative shall disregard a portion of the tax that is:
               (1)  apportioned under the law imposing the tax;
               (2)  otherwise apportioned by federal law; or
               (3)  apportioned as otherwise provided by this
  subchapter.
         (b)  Subsection (a) does not apply to the extent the
  decedent, in a written inter vivos or testamentary instrument
  disposing of or creating an interest in property, specifically
  directs the manner of apportionment of estate tax or grants a
  discretionary power of apportionment to another person. A
  direction for the apportionment or nonapportionment of estate tax
  is limited to the estate tax on the property passing under the
  instrument unless the instrument is a will that provides otherwise.
         (c)  If directions under Subsection (b) for the
  apportionment of an estate tax are provided in two or more
  instruments executed by the same person and the directions in those
  instruments conflict, the instrument disposing of or creating an
  interest in the property to be taxed controls. If directions for
  the apportionment of estate tax are provided in two or more
  instruments executed by different persons and the directions in
  those instruments conflict, the direction of the person in whose
  estate the property is included controls.
         (d)  Subsections (b) and (c) do not:
               (1)  grant or enlarge the power of a person to apportion
  estate tax to property passing under an instrument created by
  another person in excess of the estate tax attributable to the
  property; or
               (2)  apply to the extent federal law directs a
  different manner of apportionment. (Tex. Prob. Code, Sec. 322A(b).)
         Sec. 124.006.  EFFECT OF TAX DEDUCTIONS, EXEMPTIONS, OR
  CREDITS. (a) A deduction, exemption, or credit allowed by law in
  connection with the estate tax inures to a person interested in the
  estate as provided by this section.
         (b)  If the deduction, exemption, or credit is allowed
  because of the relationship of the person interested in the estate
  to the decedent, or because of the purpose of the gift, the
  deduction, exemption, or credit inures to the person having the
  relationship or receiving the gift, unless that person's interest
  in the estate is subject to a prior present interest that is not
  allowable as a deduction. The estate tax apportionable to the
  person having the present interest shall be paid from the corpus of
  the gift or the interest of the person having the relationship.
         (c)  A deduction for property of the estate that was
  previously taxed and a credit for gift taxes or death taxes of a
  foreign country that were paid by the decedent or the decedent's
  estate inure proportionally to all persons interested in the estate
  who are liable for a share of the estate tax.
         (d)  A credit for inheritance, succession, or estate taxes,
  or for similar taxes applicable to property or interests includable
  in the estate, inures to the persons interested in the estate who
  are chargeable with payment of a portion of those taxes to the
  extent that the credit proportionately reduces those taxes. (Tex.
  Prob. Code, Secs. 322A(c), (d), (e), (f).)
         Sec. 124.007.  EXCLUSION OF CERTAIN PROPERTY FROM
  APPORTIONMENT. (a) To the extent that property passing to or in
  trust for a surviving spouse or a charitable, public, or similar
  gift or devise is not an allowable deduction for purposes of the
  estate tax solely because of an inheritance tax or other death tax
  imposed on and deductible from the property:
               (1)  the property is not included in the computation
  provided for by Section 124.005; and
               (2)  no apportionment is made against the property.
         (b)  The exclusion provided by this section does not apply if
  the result would be to deprive the estate of a deduction otherwise
  allowable under Section 2053(d), Internal Revenue Code of 1986, for
  a state death tax on a transfer for a public, charitable, or
  religious use. (Tex. Prob. Code, Sec. 322A(g).)
         Sec. 124.008.  EXCLUSION OF  CERTAIN TEMPORARY INTERESTS
  FROM APPORTIONMENT. (a) Except as provided by Section 124.009(c),
  the following temporary interests are not subject to apportionment:
               (1)  an interest in income;
               (2)  an estate for years or for life; or
               (3)  another temporary interest in any property or
  fund.
         (b)  The estate tax apportionable to a temporary interest
  described by Subsection (a) and the remainder, if any, is
  chargeable against the corpus of the property or the funds that are
  subject to the temporary interest and remainder.  (Tex. Prob. Code,
  Sec. 322A(h).)
         Sec. 124.009.  QUALIFIED REAL PROPERTY. (a)  In this
  section, "qualified real property" has the meaning assigned by
  Section 2032A, Internal Revenue Code of 1986 (26 U.S.C. Section
  2032A).
         (b)  If an election is made under Section 2032A, Internal
  Revenue Code of 1986 (26 U.S.C. Section 2032A), the representative
  shall apportion estate taxes according to the amount of federal
  estate tax that would be payable if the election were not made. The
  representative shall apply the amount of the reduction of the
  estate tax resulting from the election to reduce the amount of the
  estate tax allocated based on the value of the qualified real
  property that is the subject of the election. If the amount of that
  reduction is greater than the amount of the taxes allocated based on
  the value of the qualified real property, the representative shall:
               (1)  apply the excess amount to the portion of the taxes
  allocated for all other property; and
               (2)  apportion the amount described by Subdivision (1)
  under Section 124.005(a).
         (c)  If additional federal estate tax is imposed under
  Section 2032A(c), Internal Revenue Code of 1986 (26 U.S.C. Section
  2032A), because of an early disposition or cessation of a qualified
  use, the additional tax shall be equitably apportioned among the
  persons who have an interest in the portion of the qualified real
  property to which the additional tax is attributable in proportion
  to their interests. The additional tax is a charge against that
  qualified real property. If the qualified real property is split
  between one or more life or term interests and remainder interests,
  the additional tax shall be apportioned to each person whose action
  or cessation of use caused the imposition of additional tax, unless
  all persons with an interest in the qualified real property agree in
  writing to dispose of the property, in which case the additional tax
  shall be apportioned among the remainder interests. (Tex. Prob.
  Code, Sec. 322A(i).)
         Sec. 124.010.  EFFECT OF EXTENSION OR DEFICIENCY IN PAYMENT
  OF ESTATE TAXES; LIABILITY OF REPRESENTATIVE. (a) If the date for
  the payment of any portion of an estate tax is extended:
               (1)  the amount of the extended tax shall be
  apportioned to the persons who receive the specific property that
  gives rise to the extension; and
               (2)  those persons are entitled to the benefits and
  shall bear the burdens of the extension.
         (b)  Except as provided by Subsection (c), interest on an
  extension of estate tax and interest and penalties on a deficiency
  shall be apportioned equitably to reflect the benefits and burdens
  of the extension or deficiency and of any tax deduction associated
  with the interest and penalties.
         (c)  A representative shall be charged with the amount of any
  penalty or interest that is assessed due to delay caused by the
  representative's negligence. (Tex. Prob. Code, Secs. 322A(k),
  (m).)
         Sec. 124.011.  APPORTIONMENT OF INTEREST AND PENALTIES.  (a)
  Interest and penalties assessed against an estate by a taxing
  authority shall be apportioned among and charged to the persons
  interested in the estate in the manner provided by Section 124.005
  unless, on application by any person interested in the estate, the
  court determines that:
               (1)  the proposed apportionment is not equitable; or
               (2)  the assessment of interest or penalties was caused
  by a breach of fiduciary duty of a representative.
         (b)  If the apportionment is not equitable, the court may
  apportion interest and penalties in an equitable manner.
         (c)  If the assessment of interest or penalties was caused by
  a breach of fiduciary duty of a representative, the court may charge
  the representative with the amount of the interest and penalties
  assessed attributable to the representative's conduct. (Tex. Prob.
  Code, Sec. 322A(q).)
         Sec. 124.012.  APPORTIONMENT OF REPRESENTATIVE'S EXPENSES.
  (a) Expenses reasonably incurred by a representative in
  determination of the amount, apportionment, or collection of the
  estate tax shall be apportioned among and charged to persons
  interested in the estate in the manner provided by Section 124.005
  unless, on application by any person interested in the estate, the
  court determines that the proposed apportionment is not equitable.
         (b)  If the court determines that the proposed apportionment
  is not equitable, the court may apportion the expenses in an
  equitable manner. (Tex. Prob. Code, Sec. 322A(r).)
         Sec. 124.013.  WITHHOLDING OF ESTATE TAX SHARE BY
  REPRESENTATIVE. A representative who has possession of any estate
  property that is distributable to a person interested in the estate
  may withhold from that property an amount equal to the person's
  apportioned share of the estate tax. (Tex. Prob. Code, Sec.
  322A(t).)
         Sec. 124.014.  RECOVERY OF ESTATE TAX SHARE NOT WITHHELD.
  (a) If property includable in an estate does not come into
  possession of a representative obligated to pay the estate tax, the
  representative shall:
               (1)  recover from each person interested in the estate
  the amount of the estate tax apportioned to the person under this
  subchapter; or
               (2)  assign to persons affected by the tax obligation
  the representative's right of recovery.
         (b)  The obligation to recover a tax under Subsection (a)
  does not apply if:
               (1)  the duty is waived by the parties affected by the
  tax obligation or by the instrument under which the representative
  derives powers; or
               (2)  in the reasonable judgment of the representative,
  proceeding to recover the tax is not cost-effective.  (Tex. Prob.
  Code, Sec. 322A(n).)
         Sec. 124.015.  RECOVERY OF UNPAID ESTATE TAX; REIMBURSEMENT.  
  (a)  A representative shall recover from any person interested in
  the estate the unpaid amount of the estate tax apportioned and
  charged to the person under this subchapter unless the
  representative determines in good faith that an attempt to recover
  the amount would be economically impractical.
         (b)  A representative who cannot collect from a person
  interested in the estate an unpaid amount of estate tax apportioned
  to that person shall apportion the amount not collected in the
  manner provided by Section 124.005(a) among the other persons
  interested in the estate who are subject to apportionment.
         (c)  A person who is charged with or who pays an apportioned
  amount under Subsection (b) has a right of reimbursement for that
  amount from the person who failed to pay the tax. The
  representative may enforce the right of reimbursement, or the
  person who is charged with or who pays an apportioned amount under
  Subsection (b) may enforce the right of reimbursement directly by
  an assignment from the representative. A person assigned the right
  under this subsection is subrogated to the rights of the
  representative.
         (d)  A representative who has a right of reimbursement may
  petition a court to determine the right of reimbursement.  (Tex.
  Prob. Code, Secs. 322A(o), (u).)
         Sec. 124.016.  TIME TO INITIATE ACTIONS TO RECOVER UNPAID
  ESTATE TAX. (a) A representative required to recover unpaid
  amounts of estate tax apportioned to persons interested in the
  estate under this subchapter may not be required to initiate the
  necessary actions until the expiration of the 90th day after the
  date of the final determination by the Internal Revenue Service of
  the amount of the estate tax.
         (b)  A representative who initiates an action under this
  subchapter within a reasonable time after the expiration of the
  90-day period is not subject to any liability or surcharge because a
  portion of the estate tax apportioned to a person interested in the
  estate was collectible during a period after the death of the
  decedent but thereafter became uncollectible.  (Tex. Prob. Code,
  Sec. 322A(v).)
         Sec. 124.017.  TAX OR DEATH DUTY PAYABLE TO ANOTHER STATE.
  (a) A representative acting in another state may initiate an action
  in a court of this state to recover from a person interested in the
  estate who is domiciled in this state or owns property in this state
  subject to attachment or execution, a proportionate amount of:
               (1)  the federal estate tax;
               (2)  an estate tax payable to another state; or
               (3)  a death duty due by a decedent's estate to another
  state.
         (b)  In the action, a determination of apportionment by the
  court having jurisdiction of the administration of the decedent's
  estate in the other state is prima facie correct.
         (c)  This section applies only if the state in which the
  determination of apportionment was made provides a substantially
  similar remedy. (Tex. Prob. Code, Sec. 322A(w).)
         Sec. 124.018.  PAYMENT OF EXPENSES AND ATTORNEY'S FEES.  The
  court shall award necessary expenses, including reasonable
  attorney's fees, to the prevailing party in an action initiated by a
  person for the collection of estate taxes from a person interested
  in the estate to whom estate taxes were apportioned and charged
  under Section 124.005.  (Tex. Prob. Code, Sec. 322A(y).)
  [Sections 124.019-124.050 reserved for expansion]
  SUBCHAPTER B. SATISFACTION OF CERTAIN PECUNIARY GIFTS
         Sec. 124.051.  VALUATION OF PROPERTY DISTRIBUTED IN KIND IN
  SATISFACTION OF PECUNIARY GIFT. Unless the governing instrument
  provides otherwise, if a will or trust contains a pecuniary devise
  or transfer that may be satisfied by distributing assets in kind and
  the executor, administrator, or trustee determines to fund the
  devise or transfer by distributing assets in kind, the property
  shall be valued, for the purpose of funding the devise or transfer,
  at the value of the property on the date or dates of distribution.  
  (Tex. Prob. Code, Sec. 378A(b).)
         Sec. 124.052.  SATISFACTION OF MARITAL DEDUCTION PECUNIARY
  GIFTS WITH ASSETS IN KIND.  (a)  This section applies to an
  executor, administrator, or trustee authorized under the will or
  trust of a decedent to satisfy a pecuniary devise or transfer in
  trust in kind with assets at their value for federal estate tax
  purposes, in satisfaction of a gift intended to qualify, or that
  otherwise would qualify, for a United States estate tax marital
  deduction.
         (b)  Unless the governing instrument provides otherwise, an
  executor, administrator, or trustee, in order to implement a devise
  or transfer described by Subsection (a), shall distribute assets,
  including cash, fairly representative of appreciation or
  depreciation in the value of all property available for
  distribution in satisfaction of the devise or transfer. (Tex.
  Prob. Code, Sec. 378A(a).)
  [Chapters 125-150 reserved for expansion]
  SUBTITLE D.  PROCEEDINGS BEFORE ADMINISTRATION OF ESTATE
  CHAPTER 151. EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
  Sec. 151.001.  EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT
                  BOX WITH COURT ORDER 
  Sec. 151.002.  DELIVERY OF DOCUMENT WITH COURT ORDER 
  Sec. 151.003.  EXAMINATION OF DOCUMENT OR SAFE DEPOSIT
                  BOX WITHOUT COURT ORDER 
  Sec. 151.004.  DELIVERY OF DOCUMENT WITHOUT COURT ORDER 
  Sec. 151.005.  RESTRICTION ON REMOVAL OF CONTENTS OF
                  SAFE DEPOSIT BOX 
  CHAPTER 151.  EXAMINATION OF DOCUMENTS AND SAFE DEPOSIT BOXES
         Sec. 151.001.  EXAMINATION OF DOCUMENTS OR SAFE DEPOSIT BOX
  WITH COURT ORDER.  (a)  A judge of a court that has probate
  jurisdiction of a decedent's estate may order a person to permit a
  court representative named in the order to examine a decedent's
  documents or safe deposit box if it is shown to the judge that:
               (1)  the person may possess or control the documents or
  that the person leased the safe deposit box to the decedent; and
               (2)  the documents or safe deposit box may contain:
                     (A)  a will of the decedent;
                     (B)  a deed to a burial plot in which the decedent
  is to be buried; or
                     (C)  an insurance policy issued in the decedent's
  name and payable to a beneficiary named in the policy.
         (b)  The court representative shall examine the decedent's
  documents or safe deposit box in the presence of:
               (1)  the judge ordering the examination or an agent of
  the judge; and
               (2)  the person who has possession or control of the
  documents or who leased the safe deposit box or, if that person is a
  corporation, an officer of the corporation or an agent of an
  officer. (Tex. Prob. Code, Sec. 36B.)
         Sec. 151.002.  DELIVERY OF DOCUMENT WITH COURT ORDER.  (a)  A
  judge who orders an examination of a decedent's documents or safe
  deposit box under Section 151.001 may order the person who
  possesses or controls the documents or who leases the safe deposit
  box to permit the court representative to take possession of a
  document described by Section 151.001(a)(2).
         (b)  The court representative shall deliver:
               (1)  a will to the clerk of a court that:
                     (A)  has probate jurisdiction; and
                     (B)  is located in the same county as the court of
  the judge who ordered the examination under Section 151.001;
               (2)  a burial plot deed to the person designated by the
  judge in the order for the examination; or
               (3)  an insurance policy to a beneficiary named in the
  policy.
         (c)  A court clerk to whom a will is delivered under
  Subsection (b) shall issue a receipt for the will to the court
  representative. (Tex. Prob. Code, Sec. 36C.)
         Sec. 151.003.  EXAMINATION OF DOCUMENT OR SAFE DEPOSIT BOX
  WITHOUT COURT ORDER.  (a)  A person who possesses or controls a
  document delivered by a decedent for safekeeping or who leases a
  safe deposit box to a decedent may permit examination of the
  document or the contents of the safe deposit box by:
               (1)  the decedent's spouse;
               (2)  a parent of the decedent;
               (3)  a descendant of the decedent who is at least 18
  years of age; or
               (4)  a person named as executor of the decedent's estate
  in a copy of a document that the person has and that appears to be a
  will of the decedent.
         (b)  An examination under Subsection (a) shall be conducted
  in the presence of the person who possesses or controls the document
  or who leases the safe deposit box or, if the person is a
  corporation, an officer of the corporation. (Tex. Prob. Code, Sec.
  36D.)
         Sec. 151.004.  DELIVERY OF DOCUMENT WITHOUT COURT ORDER.  
  (a)  Subject to Subsection (c), a person who permits an examination
  of a decedent's document or safe deposit box under Section 151.003
  may deliver:
               (1)  a document appearing to be the decedent's will to:
                     (A)  the clerk of a court that:
                           (i)  has probate jurisdiction; and
                           (ii)  is located in the county in which the
  decedent resided; or
                     (B)  a person named in the document as an executor
  of the decedent's estate;
               (2)  a document appearing to be a deed to a burial plot
  in which the decedent is to be buried, or appearing to give burial
  instructions, to the person conducting the examination; or
               (3)  a document appearing to be an insurance policy on
  the decedent's life to a beneficiary named in the policy.
         (b)  A person who has leased a safe deposit box to the
  decedent shall keep a copy of a document delivered by the person
  under Subsection (a)(1) until the fourth anniversary of the date of
  delivery.
         (c)  A person may not deliver a document under Subsection (a)
  unless the person examining the document:
               (1)  requests delivery of the document; and
               (2)  issues a receipt for the document to the person
  delivering the document. (Tex. Prob. Code, Sec. 36E.)
         Sec. 151.005.  RESTRICTION ON REMOVAL OF CONTENTS OF SAFE
  DEPOSIT BOX.  A person may not remove the contents of a decedent's
  safe deposit box except as provided by Section 151.002, Section
  151.004, or another law. (Tex. Prob. Code, Sec. 36F.)
  CHAPTER 152. EMERGENCY INTERVENTION
  SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION
  Sec. 152.001.  APPLICATION AUTHORIZED 
  Sec. 152.002.  CONTENTS OF APPLICATION 
  Sec. 152.003.  ADDITIONAL CONTENTS OF APPLICATION:
        
                  FUNERAL AND REMAINS 
  Sec. 152.004.  TIME AND PLACE OF FILING 
  [Sections 152.005-152.050 reserved for expansion]
  SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION
  Sec. 152.051.  ISSUANCE OF ORDER REGARDING FUNERAL AND
                  BURIAL EXPENSES 
  Sec. 152.052.  ISSUANCE OF ORDER REGARDING ACCESS TO
                  CERTAIN PERSONAL PROPERTY 
  Sec. 152.053.  DURATION OF ORDER 
  Sec. 152.054.  CERTIFIED COPIES OF ORDER 
  Sec. 152.055.  LIABILITY OF CERTAIN PERSONS IN
                  CONNECTION WITH ORDER 
  [Sections 152.056-152.100 reserved for expansion]
  SUBCHAPTER C. LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE TO CONTROL DECEDENT'S BURIAL OR CREMATION
  TO CONTROL DECEDENT'S BURIAL OR CREMATION
  Sec. 152.101.  APPLICATION AUTHORIZED 
  Sec. 152.102.  HEARING; ISSUANCE OF ORDER 
  CHAPTER 152. EMERGENCY INTERVENTION
  SUBCHAPTER A. EMERGENCY INTERVENTION APPLICATION
         Sec. 152.001.  APPLICATION AUTHORIZED. (a) Subject to
  Subsection (b), a person qualified to serve as an administrator
  under Section 304.001 may file an application requesting emergency
  intervention by a court exercising probate jurisdiction to provide
  for:
               (1)  the payment of the decedent's funeral and burial
  expenses; or
               (2)  the protection and storage of personal property
  owned by the decedent that, on the date of the decedent's death, was
  located in accommodations rented by the decedent.
         (b)  An applicant may file an application under this section
  only if:
               (1)  an application or affidavit has not been filed and
  is not pending under Section 145, 256.052, 256.054, or 301.052 or
  Chapter 205; and
               (2)  the applicant needs to:
                     (A)  obtain funds for the payment of the
  decedent's funeral and burial expenses; or
                     (B)  gain access to accommodations rented by the
  decedent that contain the decedent's personal property and the
  applicant has been denied access to those accommodations. (Tex.
  Prob. Code, Secs. 108 (part), 109, 110.)
         Sec. 152.002.  CONTENTS OF APPLICATION. (a) An emergency
  intervention application must be sworn and must contain:
               (1)  the applicant's name, address, and interest;
               (2)  facts showing an immediate necessity for the
  issuance of an emergency intervention order under Subchapter B;
               (3)  the decedent's date of death, place of death, and
  residential address on the date of death;
               (4)  the name and address of the funeral home holding
  the decedent's remains; and
               (5)  the names of any known or ascertainable heirs and
  devisees of the decedent.
         (b)  In addition to the information required under
  Subsection (a), if emergency intervention is requested to obtain
  funds needed for the payment of the decedent's funeral and burial
  expenses, the application must also contain:
               (1)  the reason any known or ascertainable heirs and
  devisees of the decedent:
                     (A)  cannot be contacted; or
                     (B)  have refused to assist in the decedent's
  burial;
               (2)  a description of necessary funeral and burial
  procedures and a statement from the funeral home that contains a
  detailed and itemized description of the cost of those procedures;
  and
               (3)  the name and address of an individual, entity, or
  financial institution, including an employer, in possession of any
  funds of or due to the decedent, and related account numbers and
  balances, if known by the applicant.
         (c)  In addition to the information required under
  Subsection (a), if emergency intervention is requested to gain
  access to accommodations rented by a decedent that at the time of
  the decedent's death contain the decedent's personal property, the
  application must also contain:
               (1)  the reason any known or ascertainable heirs and
  devisees of the decedent:
                     (A)  cannot be contacted; or
                     (B)  have refused to assist in the protection of
  the decedent's personal property;
               (2)  the type and location of the decedent's personal
  property and the name of the person in possession of the property;
  and
               (3)  the name and address of the owner or manager of the
  accommodations and a statement regarding whether access to the
  accommodations is necessary. (Tex. Prob. Code, Secs. 111(a), 112.)
         Sec. 152.003.  ADDITIONAL CONTENTS OF APPLICATION:
  INSTRUCTIONS REGARDING DECEDENT'S FUNERAL AND REMAINS.  (a)  In
  addition to the information required under Section 152.002, if
  emergency intervention is requested to obtain funds needed for the
  payment of a decedent's funeral and burial expenses, the
  application must also state whether there are any written
  instructions from the decedent relating to the type and manner of
  funeral or burial preferred by the decedent. The applicant shall:
               (1)  attach the instructions, if available, to the
  application; and
               (2)  fully comply with the instructions.
         (b)  If written instructions do not exist, the applicant may
  not permit the decedent's remains to be cremated unless the
  applicant obtains the court's permission to cremate the remains.
  (Tex. Prob. Code, Sec. 111(b).)
         Sec. 152.004.  TIME AND PLACE OF FILING.  An emergency
  intervention application must be filed:
               (1)  with the court clerk in the county in which:
                     (A)  the decedent was domiciled; or
                     (B)  the accommodations rented by the decedent
  that contain the decedent's personal property are located; and
               (2)  not earlier than the third day after the date of
  the decedent's death and not later than the 90th day after the date
  of the decedent's death.  (Tex. Prob. Code, Sec. 108 (part).)
  [Sections 152.005-152.050 reserved for expansion]
  SUBCHAPTER B. ORDER FOR EMERGENCY INTERVENTION
         Sec. 152.051.  ISSUANCE OF ORDER REGARDING FUNERAL AND
  BURIAL EXPENSES.  If on review of an application filed under Section
  152.001 the court determines that emergency intervention is
  necessary to obtain funds needed for the payment of a decedent's
  funeral and burial expenses, the court may order funds of the
  decedent that are being held by an individual, an employer, or a
  financial institution to be paid directly to a funeral home only
  for:
               (1)  reasonable and necessary attorney's fees for the
  attorney who obtained the order;
               (2)  court costs for obtaining the order; and
               (3)  funeral and burial expenses not to exceed $5,000
  as ordered by the court to provide the decedent with a reasonable,
  dignified, and appropriate funeral and burial.  (Tex. Prob. Code,
  Sec. 113(a).)
         Sec. 152.052.  ISSUANCE OF ORDER REGARDING ACCESS TO CERTAIN
  PERSONAL PROPERTY.  If on review of an application filed under
  Section 152.001 the court determines that emergency intervention is
  necessary to gain access to accommodations rented by the decedent
  that, at the time of the decedent's death, contain the decedent's
  personal property, the court may order one or more of the following:
               (1)  that the owner or agent of the accommodations
  shall grant the applicant access to the accommodations at a
  reasonable time and in the presence of the owner or agent;
               (2)  that the applicant and owner or agent of the
  accommodations shall jointly prepare and file with the court a list
  that generally describes the decedent's property found at the
  premises;
               (3)  that the applicant or the owner or agent of the
  accommodations may remove and store the decedent's property at
  another location until claimed by the decedent's heirs;
               (4)  that the applicant has only the powers that are
  specifically stated in the order and that are necessary to protect
  the decedent's property that is the subject of the application; or
               (5)  that funds of the decedent held by an individual,
  an employer, or a financial institution be paid to the applicant for
  reasonable and necessary attorney's fees and court costs for
  obtaining the order.  (Tex. Prob. Code, Sec. 113(b).)
         Sec. 152.053.  DURATION OF ORDER.  The authority of an
  applicant under an emergency intervention order expires on the
  earlier of:
               (1)  the 90th day after the date the order is issued; or
               (2)  the date a personal representative of the
  decedent's estate qualifies.  (Tex. Prob. Code, Sec. 114(a).)
         Sec. 152.054.  CERTIFIED COPIES OF ORDER.  The court clerk
  may issue certified copies of an emergency intervention order on
  request of the applicant only until the earlier of:
               (1)  the 90th day after the date the order is signed; or
               (2)  the date a personal representative of the
  decedent's estate qualifies.  (Tex. Prob. Code, Sec. 113(c).)
         Sec. 152.055.  LIABILITY OF CERTAIN PERSONS IN CONNECTION
  WITH ORDER.  (a)  A person who is provided a certified copy of an
  emergency intervention order within the period prescribed by
  Section 152.054 is not personally liable for an action taken by the
  person in accordance with and in reliance on the order.
         (b)  If a personal representative has not been appointed when
  an emergency intervention order issued under Section 152.052
  expires, a person in possession of the decedent's personal property
  that is the subject of the order, without incurring civil
  liability, may:
               (1)  release the property to the decedent's heirs; or
               (2)  dispose of the property under Subchapter C,
  Chapter 54, Property Code, or Section 7.209 or 7.210, Business &
  Commerce Code.  (Tex. Prob. Code, Secs. 113(d), 114(b).)
  [Sections 152.056-152.100 reserved for expansion]
  SUBCHAPTER C.  LIMITATION ON RIGHT OF DECEDENT'S SURVIVING SPOUSE
  TO CONTROL DECEDENT'S BURIAL OR CREMATION
         Sec. 152.101.  APPLICATION AUTHORIZED.  (a)  The executor of
  a decedent's will or the decedent's next of kin may file an
  application for an order limiting the right of the decedent's
  surviving spouse to control the decedent's burial or cremation.
         (b)  For purposes of Subsection (a), the decedent's next of
  kin:
               (1)  is determined in accordance with order of descent,
  with the person nearest in order of descent first, and so on; and
               (2)  includes the decedent's descendants who legally
  adopted the decedent or who have been legally adopted by the
  decedent.
         (c)  An application under this section must be under oath and
  must establish:
               (1)  whether the decedent died intestate or testate;
               (2)  that the surviving spouse is alleged to be a
  principal or accomplice in a wilful act that resulted in the
  decedent's death; and
               (3)  that good cause exists to limit the surviving
  spouse's right to control the decedent's burial or cremation.  (Tex.
  Prob. Code, Secs. 115(a), (b).)
         Sec. 152.102.  HEARING; ISSUANCE OF ORDER.  (a)  If the court
  finds that there is good cause to believe that the decedent's
  surviving spouse is the principal or an accomplice in a wilful act
  that resulted in the decedent's death, the court may, after notice
  and a hearing, limit the surviving spouse's right to control the
  decedent's burial or cremation.
         (b)  Subsection (a) applies:
               (1)  without regard to whether the decedent died
  intestate or testate; and
               (2)  regardless of whether the surviving spouse is
  designated by the decedent's will as the executor of the decedent's
  estate.
         (c)  If the court limits the surviving spouse's right of
  control as provided by Subsection (a), the court shall designate
  and authorize a person to make burial or cremation arrangements.  
  (Tex. Prob. Code, Secs. 115(c), (d).)
  [Chapters 153-200 reserved for expansion]
  SUBTITLE E.  INTESTATE SUCCESSION
  CHAPTER 201. DESCENT AND DISTRIBUTION
  SUBCHAPTER A. INTESTATE SUCCESSION
  Sec. 201.001.  ESTATE OF AN INTESTATE NOT LEAVING
                  SPOUSE 
  Sec. 201.002.  SEPARATE ESTATE OF AN INTESTATE 
  Sec. 201.003.  COMMUNITY ESTATE OF AN INTESTATE 
  [Sections 201.004-201.050 reserved for expansion]
  SUBCHAPTER B. MATTERS AFFECTING INHERITANCE
  Sec. 201.051.  MATERNAL INHERITANCE 
  Sec. 201.052.  PATERNAL INHERITANCE 
  Sec. 201.053.  EFFECT OF RELIANCE ON AFFIDAVIT OF
                  HEIRSHIP 
  Sec. 201.054.  ADOPTED CHILD 
  Sec. 201.055.  ISSUE OF VOID OR VOIDABLE MARRIAGE 
  Sec. 201.056.  PERSONS NOT IN BEING 
  Sec. 201.057.  COLLATERAL KINDRED OF WHOLE AND HALF
                  BLOOD 
  Sec. 201.058.  CONVICTED PERSONS 
  Sec. 201.059.  PERSON WHO DIES BY CASUALTY 
  Sec. 201.060.  ALIENAGE 
  Sec. 201.061.  ESTATE OF PERSON WHO DIES BY SUICIDE 
  Sec. 201.062.  TREATMENT OF CERTAIN PARENT-CHILD
                  RELATIONSHIPS 
  [Sections 201.063-201.100 reserved for expansion]
  SUBCHAPTER C. DISTRIBUTION TO HEIRS
  Sec. 201.101.  DETERMINATION OF PER CAPITA WITH
                  REPRESENTATION DISTRIBUTION 
  Sec. 201.102.  NO DISTINCTION BASED ON PROPERTY'S
                  SOURCE 
  Sec. 201.103.  TREATMENT OF INTESTATE'S ESTATE 
  [Sections 201.104-201.150 reserved for expansion]
  SUBCHAPTER D. ADVANCEMENTS
  Sec. 201.151.  DETERMINATION OF ADVANCEMENT; DATE OF
                  VALUATION 
  Sec. 201.152.  SURVIVAL OF RECIPIENT REQUIRED 
  CHAPTER 201.  DESCENT AND DISTRIBUTION
  SUBCHAPTER A. INTESTATE SUCCESSION
         Sec. 201.001.  ESTATE OF AN INTESTATE NOT LEAVING SPOUSE.
  (a) If a person who dies intestate does not leave a spouse, the
  estate to which the person had title descends and passes in
  parcenary to the person's kindred in the order provided by this
  section.
         (b)  The person's estate descends and passes to the person's
  children and the children's descendants.
         (c)  If no child or child's descendant survives the person,
  the person's estate descends and passes in equal portions to the
  person's father and mother.
         (d)  If only the person's father or mother survives the
  person, the person's estate shall:
               (1)  be divided into two equal portions, with:
                     (A)  one portion passing to the surviving parent;
  and
                     (B)  one portion passing to the person's siblings
  and the siblings' descendants; or
               (2)  be inherited entirely by the surviving parent if
  there is no sibling of the person or siblings' descendants.
         (e)  If neither the person's father nor mother survives the
  person, the person's entire estate passes to the person's siblings
  and the siblings' descendants.
         (f)  If none of the kindred described by Subsections (b)-(e)
  survive the person, the person's estate shall be divided into two
  moieties, with:
               (1)  one moiety passing to the person's paternal
  kindred as provided by Subsection (g); and
               (2)  one moiety passing to the person's maternal
  kindred as provided by Subsection (h).
         (g)  The moiety passing to the person's paternal kindred
  passes in the following order:
               (1)  if both paternal grandparents survive the person,
  equal portions pass to the person's paternal grandfather and
  grandmother;
               (2)  if only the person's paternal grandfather or
  grandmother survives the person, the person's estate shall:
                     (A)  be divided into two equal portions, with:
                           (i)  one portion passing to the surviving
  grandparent; and
                           (ii)  one portion passing to the descendants
  of the deceased grandparent; or
                     (B)  pass entirely to the surviving grandparent if
  no descendant of the deceased grandparent survives the person; and
               (3)  if neither the person's paternal grandfather nor
  grandmother survives the person, the moiety passing to the
  decedent's paternal kindred passes to the descendants of the
  person's paternal grandfather and grandmother, and so on without
  end, passing in like manner to the nearest lineal ancestors and
  their descendants.
         (h)  The moiety passing to the person's maternal kindred
  passes in the same order and manner as the other moiety passes to
  the decedent's paternal kindred under Subsection (g).  (Tex. Prob.
  Code, Sec. 38(a).)
         Sec. 201.002.  SEPARATE ESTATE OF AN INTESTATE. (a)  If a
  person who dies intestate leaves a surviving spouse, the estate,
  other than a community estate, to which the person had title
  descends and passes as provided by this section.
         (b)  If the person has one or more children or a descendant of
  a child:
               (1)  the surviving spouse takes one-third of the
  personal estate;
               (2)  two-thirds of the personal estate descends to the
  person's child or children, and the descendants of a child or
  children; and
               (3)  the surviving spouse is entitled to a life estate
  in one-third of the person's land, with the remainder descending to
  the person's child or children and the descendants of a child or
  children.
         (c)  Except as provided by Subsection (d), if the person has
  no child and no descendant of a child:
               (1)  the surviving spouse is entitled to all of the
  personal estate;
               (2)  the surviving spouse is entitled to one-half of
  the person's land without a remainder to any person; and
               (3)  one-half of the person's land passes and is
  inherited according to the rules of descent and distribution.
         (d)  If the person described by Subsection (c) does not leave
  a surviving parent or one or more surviving siblings, or their
  descendants, the surviving spouse is entitled to the entire estate.  
  (Tex. Prob. Code, Sec. 38(b).)
         Sec. 201.003.  COMMUNITY ESTATE OF AN INTESTATE. (a) If a
  person who dies intestate leaves a surviving spouse, the community
  estate of the deceased spouse passes as provided by this section.
         (b)  The community estate of the deceased spouse passes to
  the surviving spouse if:
               (1)  no child or other descendant of the deceased
  spouse survives the deceased spouse; or
               (2)  all of the surviving children and descendants of
  the deceased spouse are also children or descendants of the
  surviving spouse.
         (c)  If the deceased spouse is survived by a child or other
  descendant who is not also a child or descendant of the surviving
  spouse, one-half of the community estate is retained by the
  surviving spouse and the other one-half passes to the deceased
  spouse's children or descendants.  The descendants inherit only the
  portion of that estate to which they would be entitled under Section
  201.101.  In every case, the community estate passes charged with
  the debts against the community estate. (Tex. Prob. Code, Sec. 45.)
  [Sections 201.004-201.050 reserved for expansion]
  SUBCHAPTER B. MATTERS AFFECTING INHERITANCE
         Sec. 201.051.  MATERNAL INHERITANCE. For purposes of
  inheritance, a child is the child of the child's biological or
  adopted mother, and the child and the child's issue shall inherit
  from the child's mother and the child's maternal kindred, both
  descendants, ascendants, and collateral kindred in all degrees, and
  they may inherit from the child and the child's issue. (Tex. Prob.
  Code, Sec. 42(a).)
         Sec. 201.052.  PATERNAL INHERITANCE. (a) For purposes of
  inheritance, a child is the child of the child's biological father
  if:
               (1)  the child is born under circumstances described by
  Section 160.201, Family Code;
               (2)  the child is adjudicated to be the child of the
  father by court decree under Chapter 160, Family Code;
               (3)  the child was adopted by the child's father; or
               (4)  the father executed an acknowledgment of paternity
  under Subchapter D, Chapter 160, Family Code, or a similar
  statement properly executed in another jurisdiction.
         (b)  A child described by Subsection (a) and the child's
  issue shall inherit from the child's father and the child's paternal
  kindred, both descendants, ascendants, and collateral kindred in
  all degrees, and they may inherit from the child and the child's
  issue.
         (c)  A person may petition the probate court for a
  determination of right of inheritance from a decedent if the
  person:
               (1)  claims to be a biological child of the decedent and
  is not otherwise presumed to be a child of the decedent; or
               (2)  claims inheritance through a biological child of
  the decedent who is not otherwise presumed to be a child of the
  decedent.
         (d)  If under Subsection (c) the court finds by clear and
  convincing evidence that the purported father was the biological
  father of the child:
               (1)  the child is treated as any other child of the
  decedent for purposes of inheritance; and
               (2)  the child and the child's issue may inherit from
  the child's paternal kindred, both descendants, ascendants, and
  collateral kindred in all degrees, and they may inherit from the
  child and the child's issue.
         (e)  This section does not permit inheritance by a purported
  father of a child, recognized or not, if the purported father's
  parental rights have been terminated. (Tex. Prob. Code, Sec.
  42(b)(1).)
         Sec. 201.053.  EFFECT OF RELIANCE ON AFFIDAVIT OF HEIRSHIP.  
  (a)  A person who purchases for valuable consideration any interest
  in property of the heirs of a decedent acquires good title to the
  interest that the person would have received, as purchaser, in the
  absence of a claim of the child described by Subdivision (1), if the
  person:
               (1)  in good faith relies on the declarations in an
  affidavit of heirship that does not include a child who at the time
  of the sale or contract of sale of the property:
                     (A)  is not a presumed child of the decedent; and
                     (B)  has not under a final court decree or
  judgment been found to be entitled to treatment under Section
  201.052 as a child of the decedent; and
               (2)  is without knowledge of the claim of the child
  described by Subdivision (1).
         (b)  Subsection (a) does not affect any liability of the
  heirs for the proceeds of a sale described by Subsection (a) to the
  child who was not included in the affidavit of heirship.  (Tex.
  Prob. Code, Sec. 42(b)(2).)
         Sec. 201.054.  ADOPTED CHILD.  (a)  For purposes of
  inheritance under the laws of descent and distribution, an adopted
  child is regarded as the child of the adoptive parent or parents,
  and the adopted child and the adopted child's descendants inherit
  from and through the adoptive parent or parents and their kindred as
  if the adopted child were the natural child of the adoptive parent
  or parents.  The adoptive parent or parents and their kindred
  inherit from and through the adopted child as if the adopted child
  were the natural child of the adoptive parent or parents.
         (b)  The natural parent or parents of an adopted child and
  the kindred of the natural parent or parents may not inherit from or
  through the adopted child, but the adopted child inherits from and
  through the child's natural parent or parents, except as provided
  by Section 162.507(c), Family Code.
         (c)  This section does not prevent an adoptive parent from
  disposing of the parent's property by will according to law.
         (d)  This section does not diminish the rights of an adopted
  child under the laws of descent and distribution or otherwise that
  the adopted child acquired by virtue of inclusion in the definition
  of "child" under Section 22.004. (Tex. Prob. Code, Sec. 40.)
         Sec. 201.055.  ISSUE OF VOID OR VOIDABLE MARRIAGE. The issue
  of a marriage declared void or voided by annulment shall be treated
  in the same manner as the issue of a valid marriage. (Tex. Prob.
  Code, Sec. 42(d).)
         Sec. 201.056.  PERSONS NOT IN BEING. No right of inheritance
  accrues to any person other than to a child or lineal descendant of
  an intestate, unless the person is in being and capable in law to
  take as an heir at the time of the intestate's death. (Tex. Prob.
  Code, Sec. 41(a).)
         Sec. 201.057.  COLLATERAL KINDRED OF WHOLE AND HALF BLOOD.
  If the inheritance from an intestate passes to the collateral
  kindred of the intestate and part of the collateral kindred are of
  whole blood and the other part are of half blood of the intestate,
  each of the collateral kindred who is of half blood inherits only
  half as much as that inherited by each of the collateral kindred who
  is of whole blood.  If all of the collateral kindred are of half
  blood of the intestate, each of the collateral kindred inherits a
  whole portion. (Tex. Prob. Code, Sec. 41(b).)
         Sec. 201.058.  CONVICTED PERSONS. (a) No conviction shall
  work corruption of blood or forfeiture of estate except as provided
  by Subsection (b).
         (b)  If a beneficiary of a life insurance policy or contract
  is convicted and sentenced as a principal or accomplice in wilfully
  bringing about the death of the insured, the proceeds of the
  insurance policy or contract shall be paid in the manner provided by
  the Insurance Code. (Tex. Prob. Code, Sec. 41(d) (part).)
         Sec. 201.059.  PERSON WHO DIES BY CASUALTY. Death by
  casualty does not result in forfeiture of estate. (Tex. Prob. Code,
  Sec. 41(d) (part).)
         Sec. 201.060.  ALIENAGE. A person is not disqualified to
  take as an heir because the person, or another person through whom
  the person claims, is or has been an alien. (Tex. Prob. Code, Sec.
  41(c).)
         Sec. 201.061.  ESTATE OF PERSON WHO DIES BY SUICIDE. The
  estate of a person who commits suicide descends or vests as if the
  person died a natural death. (Tex. Prob. Code, Sec. 41(d) (part).)
         Sec. 201.062.  TREATMENT OF CERTAIN PARENT-CHILD
  RELATIONSHIPS. (a) A probate court may enter an order declaring
  that the parent of a child under 18 years of age may not inherit from
  or through the child under the laws of descent and distribution if
  the court finds by clear and convincing evidence that the parent
  has:
               (1)  voluntarily abandoned and failed to support the
  child in accordance with the parent's obligation or ability for at
  least three years before the date of the child's death, and did not
  resume support for the child before that date;
               (2)  voluntarily and with knowledge of the pregnancy:
                     (A)  abandoned the child's mother beginning at a
  time during her pregnancy with the child and continuing through the
  birth;
                     (B)  failed to provide adequate support or medical
  care for the mother during the period of abandonment before the
  child's birth; and
                     (C)  remained apart from and failed to support the
  child since birth; or
               (3)  been convicted or has been placed on community
  supervision, including deferred adjudication community
  supervision, for being criminally responsible for the death or
  serious injury of a child under the following sections of the Penal
  Code or adjudicated under Title 3, Family Code, for conduct that
  caused the death or serious injury of a child and that would
  constitute a violation of one of the following sections of the Penal
  Code:
                     (A)  Section 19.02 (murder);
                     (B)  Section 19.03 (capital murder);
                     (C)  Section 19.04 (manslaughter);
                     (D)  Section 21.11 (indecency with a child);
                     (E)  Section 22.01 (assault);
                     (F)  Section 22.011 (sexual assault);
                     (G)  Section 22.02 (aggravated assault);
                     (H)  Section 22.021 (aggravated sexual assault);
                     (I)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (J)  Section 22.041 (abandoning or endangering
  child);
                     (K)  Section 25.02 (prohibited sexual conduct);
                     (L)  Section 43.25 (sexual performance by a
  child); or
                     (M)  Section 43.26 (possession or promotion of
  child pornography).
         (b)  On a determination under Subsection (a) that the parent
  of a child may not inherit from or through the child, the parent
  shall be treated as if the parent predeceased the child for purposes
  of:
               (1)  inheritance under the laws of descent and
  distribution; and
               (2)  any other cause of action based on parentage.
  (Tex. Prob. Code, Secs. 41(e), (f).)
  [Sections 201.063-201.100 reserved for expansion]
  SUBCHAPTER C. DISTRIBUTION TO HEIRS
         Sec. 201.101.  DETERMINATION OF PER CAPITA WITH
  REPRESENTATION DISTRIBUTION. (a) The children, descendants,
  brothers, sisters, uncles, aunts, or other relatives of an
  intestate who stand in the first or same degree of relationship
  alone and come into the distribution of the intestate's estate take
  per capita, which means by persons.
         (b)  If some of the persons described by Subsection (a) are
  dead and some are living, each descendant of those persons who have
  died is entitled to a distribution of the intestate's estate.  Each
  descendant inherits only that portion of the property to which the
  parent through whom the descendant inherits would be entitled if
  that parent were alive.  (Tex. Prob. Code, Sec. 43.)
         Sec. 201.102.  NO DISTINCTION BASED ON PROPERTY'S SOURCE. A
  distinction may not be made, in regulating the descent and
  distribution of an estate of a person dying intestate, between
  property derived by gift, devise, or descent from the intestate's
  father, and property derived by gift, devise, or descent from the
  intestate's mother. (Tex. Prob. Code, Sec. 39 (part).)
         Sec. 201.103.  TREATMENT OF INTESTATE'S ESTATE.  All of the
  estate to which an intestate had title at the time of death descends
  and vests in the intestate's heirs in the same manner as if the
  intestate had been the original purchaser.  (Tex. Prob. Code, Sec.
  39 (part).)
  [Sections 201.104-201.150 reserved for expansion]
  SUBCHAPTER D. ADVANCEMENTS
         Sec. 201.151.  DETERMINATION OF ADVANCEMENT; DATE OF
  VALUATION. (a) If a decedent dies intestate as to all or part of the
  decedent's estate, property that the decedent gave during the
  decedent's lifetime to a person who, on the date of the decedent's
  death, is the decedent's heir, or property received by the
  decedent's heir under a nontestamentary transfer under Subchapter
  B, Chapter 111, or Chapter 112 or 113, is an advancement against the
  heir's intestate share of the estate only if:
               (1)  the decedent declared in a contemporaneous
  writing, or the heir acknowledged in writing, that the gift or
  nontestamentary transfer is an advancement; or
               (2)  the decedent's contemporaneous writing or the
  heir's written acknowledgment otherwise indicates that the gift or
  nontestamentary transfer is to be considered in computing the
  division and distribution of the decedent's intestate estate.
         (b)  For purposes of Subsection (a), property that is
  advanced is valued as of the earlier of:
               (1)  the time that the heir came into possession or
  enjoyment of the property; or
               (2)  the time of the decedent's death. (Tex. Prob.
  Code, Secs. 44(a), (b).)
         Sec. 201.152.  SURVIVAL OF RECIPIENT REQUIRED. If the
  recipient of property described by Section 201.151 does not survive
  the decedent, the property is not considered in computing the
  division and distribution of the decedent's intestate estate unless
  the decedent's contemporaneous writing provides otherwise.  (Tex.
  Prob. Code, Sec. 44(c).)
  CHAPTER 202. DETERMINATION OF HEIRSHIP
  SUBCHAPTER A. AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF PROCEEDING TO DECLARE HEIRSHIP
  PROCEEDING TO DECLARE HEIRSHIP
  Sec. 202.001.  GENERAL AUTHORIZATION FOR AND NATURE OF
                  PROCEEDING TO DECLARE HEIRSHIP 
  Sec. 202.002.  CIRCUMSTANCES UNDER WHICH PROCEEDING TO
                  DECLARE HEIRSHIP IS AUTHORIZED 
  Sec. 202.003.  VENUE FOR PROCEEDING TO DECLARE HEIRSHIP 
  Sec. 202.004.  PERSONS WHO MAY COMMENCE PROCEEDING TO
                  DECLARE HEIRSHIP 
  Sec. 202.005.  APPLICATION FOR PROCEEDING TO DECLARE
                  HEIRSHIP 
  Sec. 202.006.  REQUEST FOR DETERMINATION OF NECESSITY
                  FOR ADMINISTRATION 
  Sec. 202.007.  AFFIDAVIT SUPPORTING APPLICATION
                  REQUIRED 
  Sec. 202.008.  REQUIRED PARTIES TO PROCEEDING TO
                  DECLARE HEIRSHIP 
  Sec. 202.009.  REPRESENTATION OF INTERESTS OF CERTAIN
                  PERSONS 
  [Sections 202.010-202.050 reserved for expansion]
  SUBCHAPTER B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP
  Sec. 202.051.  SERVICE OF CITATION BY MAIL WHEN
        
                  OR ASCERTAINABLE 
  Sec. 202.052.  SERVICE OF CITATION BY PUBLICATION WHEN
        
                  ASCERTAINABLE 
  Sec. 202.053.  REQUIRED POSTING OF CITATION 
  Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE
                  REQUIRED 
  Sec. 202.055.  SERVICE OF CITATION ON CERTAIN PERSONS
                  NOT REQUIRED 
  Sec. 202.056.  WAIVER OF SERVICE OF CITATION ON CERTAIN
                  PERSONS NOT PERMITTED 
  [Sections 202.057-202.100 reserved for expansion]
  SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP
  Sec. 202.101.  REQUIRED TRANSFER OF PENDING PROCEEDING
        
                  CIRCUMSTANCES 
  Sec. 202.102.  TRANSFER OF RECORDS 
  Sec. 202.103.  PROCEDURES APPLICABLE TO TRANSFERRED
        
                  CONSOLIDATION WITH OTHER PROCEEDING 
  [Sections 202.104-202.150 reserved for expansion]
  SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
  Sec. 202.151.  WRITTEN EVIDENCE IN PROCEEDING TO
                  DECLARE HEIRSHIP 
  [Sections 202.152-202.200 reserved for expansion]
  SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP
  Sec. 202.201.  REQUIRED STATEMENTS IN JUDGMENT 
  Sec. 202.202.  FINALITY AND APPEAL OF JUDGMENT 
  Sec. 202.203.  CORRECTION OF JUDGMENT AT REQUEST OF
                  HEIR NOT PROPERLY SERVED 
  Sec. 202.204.  LIMITATION OF LIABILITY OF CERTAIN
        
                  JUDGMENT 
  Sec. 202.205.  EFFECT OF CERTAIN JUDGMENTS ON LIABILITY
                  TO CREDITORS 
  Sec. 202.206.  FILING AND  RECORDING OF JUDGMENT 
  CHAPTER 202.  DETERMINATION OF HEIRSHIP
  SUBCHAPTER A.  AUTHORIZATION AND PROCEDURES FOR COMMENCEMENT OF
  PROCEEDING TO DECLARE HEIRSHIP
         Sec. 202.001.  GENERAL AUTHORIZATION FOR AND NATURE OF
  PROCEEDING TO DECLARE HEIRSHIP.  In the manner provided by this
  chapter, a court may determine through a proceeding to declare
  heirship:
               (1)  the persons who are a decedent's heirs and only
  heirs; and
               (2)  the heirs' respective shares and interests under
  the laws of this state in the decedent's estate.  (Tex. Prob. Code,
  Sec. 48(a) (part).)
         Sec. 202.002.  CIRCUMSTANCES UNDER WHICH PROCEEDING TO
  DECLARE HEIRSHIP IS AUTHORIZED.  A court may conduct a proceeding to
  declare heirship when:
               (1)  a person dies intestate owning or entitled to
  property in this state and there has been no administration in this
  state of the person's estate; or
               (2)  there has been a will probated in this state or
  elsewhere or an administration in this state of the decedent's
  estate, but:
                     (A)  property in this state was omitted from the
  will or administration; or
                     (B)  no final disposition of property in this
  state has been made in the administration. (Tex. Prob. Code, Sec.
  48(a) (part).)
         Sec. 202.003.  VENUE FOR PROCEEDING TO DECLARE HEIRSHIP.  
  (a)  A proceeding to declare heirship of a decedent may be conducted
  by:
               (1)  the court of the county in which a proceeding to
  probate the decedent's will or for the administration of the
  decedent's estate was most recently pending; or
               (2)  if no will of the decedent has been admitted to
  probate in this state and no administration of the decedent's
  estate has been granted in this state, the court of the county in
  which venue would be proper for commencement of an administration
  of the decedent's estate under Section 6.
         (b)  Notwithstanding Subsection (a), a probate court in
  which proceedings for the guardianship of the estate of a ward who
  dies intestate were pending at the time of the decedent's death may,
  if there is no administration pending in the estate, determine:
               (1)  the persons who are the decedent's heirs and only
  heirs; and
               (2)  the heirs' respective shares and interests under
  the laws of this state in the decedent's estate.  (Tex. Prob. Code,
  Secs. 48(a) (part), (c).)
         Sec. 202.004.  PERSONS WHO MAY COMMENCE PROCEEDING TO
  DECLARE HEIRSHIP.  A proceeding to declare heirship of a decedent
  may be commenced and maintained under a circumstance specified by
  Section 202.002 by:
               (1)  the personal representative of the decedent's
  estate;
               (2)  a person claiming to be a secured creditor or the
  owner of all or part of the decedent's estate; or
               (3)  if the decedent was a ward with respect to whom a
  guardian of the estate had been appointed, the guardian of the
  estate, provided that the proceeding is commenced and maintained in
  the probate court in which the proceedings for the guardianship of
  the estate were pending at the time of the decedent's death. (Tex.
  Prob. Code, Sec. 49(a) (part).)
         Sec. 202.005.  APPLICATION FOR PROCEEDING TO DECLARE
  HEIRSHIP.  A person authorized by Section 202.004 to commence a
  proceeding to declare heirship must file an application in a court
  specified by Section 202.003 to commence the proceeding.  The
  application must state:
               (1)  the decedent's name and time and place of death;
               (2)  the names and residences of the decedent's heirs,
  the relationship of each heir to the decedent, and the true interest
  of the applicant and each of the heirs in the decedent's estate;
               (3)  if the time or place of the decedent's death or the
  name or residence of an heir is not definitely known to the
  applicant, all the material facts and circumstances with respect to
  which the applicant has knowledge and information that might
  reasonably tend to show the time or place of the decedent's death or
  the name or residence of the heir;
               (4)  that all children born to or adopted by the
  decedent have been listed;
               (5)  that each of the decedent's marriages has been
  listed with:
                     (A)  the date of the marriage;
                     (B)  the name of the spouse;
                     (C)  the date and place of termination if the
  marriage was terminated; and
                     (D)  other facts to show whether a spouse has had
  an interest in the decedent's property;
               (6)  whether the decedent died testate and, if so, what
  disposition has been made of the will;
               (7)  a general description of all property belonging to
  the decedent's estate; and
               (8)  an explanation for the omission from the
  application of any of the information required by this section.  
  (Tex. Prob. Code, Sec. 49(a) (part).)
         Sec. 202.006.  REQUEST FOR DETERMINATION OF NECESSITY FOR
  ADMINISTRATION.  A person who files an application under Section
  202.005 not later than the fourth anniversary of the date of the
  death of the decedent who is the subject of the application may
  request that the court determine whether there is a need for
  administration of the decedent's estate. The court shall hear
  evidence on the issue and, in the court's judgment, make a
  determination of the issue.  (Tex. Prob. Code, Sec. 48(b).)
         Sec. 202.007.  AFFIDAVIT SUPPORTING APPLICATION REQUIRED.  
  (a)  An application filed under Section 202.005 must be supported by
  the affidavit of each applicant.
         (b)  An affidavit of an applicant under Subsection (a) must
  state that, to the applicant's knowledge:
               (1)  all the allegations in the application are true;
  and
               (2)  no material fact or circumstance has been omitted
  from the application.  (Tex. Prob. Code, Sec. 49(b) (part).)
         Sec. 202.008.  REQUIRED PARTIES TO PROCEEDING TO DECLARE
  HEIRSHIP.  Each of the following persons must be made a party to a
  proceeding to declare heirship:
               (1)  each unknown heir of the decedent who is the
  subject of the proceeding;
               (2)  each person who is named as an heir of the decedent
  in the application filed under Section 202.005; and
               (3)  each person who is, on the filing date of the
  application, shown as owning a share or interest in any real
  property described in the application by the deed records of the
  county in which the property is located. (Tex. Prob. Code, Sec.
  49(b) (part).)
         Sec. 202.009.  REPRESENTATION OF INTERESTS OF CERTAIN
  PERSONS.  (a)  If it appears to the court in a proceeding to declare
  heirship that there is or may be a living heir whose name or
  whereabouts is unknown, or that a defendant is an incapacitated
  person, the court may appoint an attorney ad litem or guardian ad
  litem to represent the interests of that person.  The court may not
  appoint an attorney ad litem or guardian ad litem unless the court
  finds that the appointment is necessary to protect the interests of
  the living heir or incapacitated person.
         (b)  The court shall appoint an attorney ad litem to
  represent the interests of unknown heirs.  (Tex. Prob. Code, Secs.
  53(b), (c).)
  [Sections 202.010-202.050 reserved for expansion]
  SUBCHAPTER B.  NOTICE OF PROCEEDING TO DECLARE HEIRSHIP
         Sec. 202.051.  SERVICE OF CITATION BY MAIL WHEN RECIPIENT'S
  NAME AND ADDRESS ARE KNOWN OR ASCERTAINABLE.  Except as provided by
  Section 202.054, citation in a proceeding to declare heirship must
  be served by registered or certified mail on:
               (1)  each distributee who is 12 years of age or older
  and whose name and address are known or can be ascertained through
  the exercise of reasonable diligence; and
               (2)  the parent, managing conservator, or guardian of
  each distributee who is younger than 12 years of age if the name and
  address of the parent, managing conservator, or guardian are known
  or can be reasonably ascertained.  (Tex. Prob. Code, Sec. 50(a)
  (part).)
         Sec. 202.052.  SERVICE OF CITATION BY PUBLICATION WHEN
  RECIPIENT'S NAME OR ADDRESS IS NOT ASCERTAINABLE.  If the address of
  a person or entity on whom citation is required to be served cannot
  be ascertained, citation must be served on the person or entity by
  publication in the county in which the proceeding to declare
  heirship is commenced and in the county of the last residence of the
  decedent who is the subject of the proceeding, if that residence was
  in a county other than the county in which the proceeding is
  commenced.  To determine whether a decedent has any other heirs,
  citation must be served on unknown heirs by publication in the
  manner provided by this section.  (Tex. Prob. Code, Sec. 50(b).)
         Sec. 202.053.  REQUIRED POSTING OF CITATION.  Except in a
  proceeding in which citation is served by publication as provided
  by Section 202.052, citation in a proceeding to declare heirship
  must be posted in:
               (1)  the county in which the proceeding is commenced;
  and
               (2)  the county of the last residence of the decedent
  who is the subject of the proceeding. (Tex. Prob. Code, Sec. 50(c).)
         Sec. 202.054.  PERSONAL SERVICE OF CITATION MAY BE REQUIRED.  
  The court may require that service of citation in a proceeding to
  declare heirship be made by personal service on some or all of those
  named as distributees in the application filed under Section
  202.005.  (Tex. Prob. Code, Sec. 50(a) (part).)
         Sec. 202.055.  SERVICE OF CITATION ON CERTAIN PERSONS NOT
  REQUIRED.  A party to a proceeding to declare heirship who executed
  the application filed under Section 202.005 is not required to be
  served by any method.  (Tex. Prob. Code, Sec. 50(d).)
         Sec. 202.056.  WAIVER OF SERVICE OF CITATION ON CERTAIN
  PERSONS NOT PERMITTED.  A parent, managing conservator, guardian,
  attorney ad litem, or guardian ad litem of a distributee who is 12
  years of age or older, but younger than 19 years of age, may not
  waive citation required by this subchapter to be served on the
  distributee.  (Tex. Prob. Code, Sec. 50(e).)
  [Sections 202.057-202.100 reserved for expansion]
  SUBCHAPTER C. TRANSFER OF PENDING PROCEEDING TO DECLARE HEIRSHIP
         Sec. 202.101.  REQUIRED TRANSFER OF PENDING PROCEEDING TO
  DECLARE HEIRSHIP UNDER CERTAIN CIRCUMSTANCES.  If, after a
  proceeding to declare heirship is commenced, an administration of
  the estate of the decedent who is the subject of the proceeding is
  granted in this state or the decedent's will is admitted to probate
  in this state,  the court in which the proceeding to declare
  heirship is pending shall, by an order entered of record in the
  proceeding, transfer the proceeding to the court in which the
  administration was granted or the will was probated. (Tex. Prob.
  Code, Sec. 51 (part).)
         Sec. 202.102.  TRANSFER OF RECORDS.  The clerk of the court
  from which a proceeding to declare heirship is transferred under
  Section 202.101 shall, on entry of the order under that section,
  send to the clerk of the court named in the order a certified
  transcript of all pleadings, docket entries, and orders of the
  court in the proceeding.  The clerk of the court to which the
  proceeding is transferred shall:
               (1)  file the transcript;
               (2)  record the transcript in the minutes of the court;
  and
               (3)  docket the proceeding.  (Tex. Prob. Code, Sec. 51
  (part).)
         Sec. 202.103.  PROCEDURES APPLICABLE TO TRANSFERRED
  PROCEEDING TO DECLARE HEIRSHIP; CONSOLIDATION WITH OTHER
  PROCEEDING.  A proceeding to declare heirship that is transferred
  under Section 202.101 shall proceed as though the proceeding was
  originally filed in the court to which the proceeding is
  transferred. The court may consolidate the proceeding with the
  other proceeding pending in that court. (Tex. Prob. Code, Sec. 51
  (part).)
  [Sections 202.104-202.150 reserved for expansion]
  SUBCHAPTER D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
         Sec. 202.151.  WRITTEN EVIDENCE IN PROCEEDING TO DECLARE
  HEIRSHIP.  The court may require that all or any part of the
  evidence admitted in a proceeding to declare heirship be:
               (1)  reduced to writing and subscribed and sworn to by
  the witnesses, respectively; and
               (2)  filed in the proceeding and recorded in the
  minutes of the court.  (Tex. Prob. Code, Sec. 53(a).)
  [Sections 202.152-202.200 reserved for expansion]
  SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP
         Sec. 202.201.  REQUIRED STATEMENTS IN JUDGMENT.  (a)  The
  judgment in a proceeding to declare heirship must state:
               (1)  the names and places of residence of the heirs of
  the decedent who is the subject of the proceeding; and
               (2)  the heirs' respective shares and interests in the
  decedent's property.
         (b)  If the proof in a proceeding to declare heirship is in
  any respect deficient, the judgment in the proceeding must state
  that.  (Tex. Prob. Code, Sec. 54.)
         Sec. 202.202.  FINALITY AND APPEAL OF JUDGMENT.  (a)  The
  judgment in a proceeding to declare heirship is a final judgment.
         (b)  At the request of an interested person, the judgment in
  a proceeding to declare heirship may be appealed or reviewed within
  the same time limits and in the same manner as other judgments in
  probate matters.  (Tex. Prob. Code, Sec. 55(a) (part).)
         Sec. 202.203.  CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT
  PROPERLY SERVED.  If an heir of a decedent who is the subject of a
  proceeding to declare heirship is not served with citation by
  registered or certified mail or personal service in the proceeding,
  the heir may:
               (1)  have the judgment in the proceeding corrected by
  bill of review:
                     (A)  at any time, but not later than the fourth
  anniversary of the date of the judgment; or
                     (B)  after the passage of any length of time, on
  proof of actual fraud; and
               (2)  recover the heir's just share of the property or
  the value of that share from:
                     (A)  the heirs named in the judgment; and
                     (B)  those who claim under the heirs named in the
  judgment and who are not bona fide purchasers for value.  (Tex.
  Prob. Code, Sec. 55(a) (part).)
         Sec. 202.204.  LIMITATION OF LIABILITY OF CERTAIN PERSONS
  ACTING IN ACCORDANCE WITH JUDGMENT.  (a)  The judgment in a
  proceeding to declare heirship is conclusive in a suit between an
  heir omitted from the judgment and a bona fide purchaser for value
  who purchased property after entry of the judgment without actual
  notice of the claim of the omitted heir, regardless of whether the
  judgment is subsequently modified, set aside, or nullified.
         (b)  A person is not liable to another person for the
  following actions performed in good faith after a judgment is
  entered in a proceeding to declare heirship:
               (1)  delivering the property of the decedent who was
  the subject of the proceeding to the persons named as heirs in the
  judgment; or
               (2)  engaging in any other transaction with the persons
  named as heirs in the judgment.  (Tex. Prob. Code, Sec. 55(b).)
         Sec. 202.205.  EFFECT OF CERTAIN JUDGMENTS ON LIABILITY TO
  CREDITORS. (a) A judgment in a proceeding to declare heirship
  stating that there is no necessity for administration of the estate
  of the decedent who is the subject of the proceeding constitutes
  authorization for a person who owes money to the estate, has custody
  of estate property, acts as registrar or transfer agent of an
  evidence of interest, indebtedness, property, or right belonging to
  the estate, or purchases from or otherwise deals with an heir named
  in the judgment to take the following actions without liability to a
  creditor of the estate or other person:
               (1)  to pay, deliver, or transfer the property or the
  evidence of property rights to an heir named in the judgment; or
               (2)  to purchase property from an heir named in the
  judgment.
         (b)  An heir named in a judgment in a proceeding to declare
  heirship is entitled to enforce the heir's right to payment,
  delivery, or transfer described by Subsection (a) by suit.
         (c)  Except as provided by this section, this chapter does
  not affect the rights or remedies of the creditors of a decedent who
  is the subject of a proceeding to declare heirship.  (Tex. Prob.
  Code, Sec. 55(c).)
         Sec. 202.206.  FILING AND  RECORDING OF JUDGMENT.  (a)  A
  certified copy of the judgment in a proceeding to declare heirship
  may be:
               (1)  filed for record in the office of the county clerk
  of the county in which any real property described in the judgment
  is located;
               (2)  recorded in the deed records of that county; and
               (3)  indexed in the name of the decedent who was the
  subject of the proceeding as grantor and in the names of the heirs
  named in the judgment as grantees.
         (b)  On the filing of a judgment in accordance with
  Subsection (a), the judgment constitutes constructive notice of the
  facts stated in the judgment.  (Tex. Prob. Code, Sec. 56.)
  CHAPTER 203. NONJUDICIAL EVIDENCE OF HEIRSHIP
  Sec. 203.001.  RECORDED STATEMENT OF FACTS AS PRIMA
                  FACIE EVIDENCE OF HEIRSHIP 
  Sec. 203.002.  FORM OF AFFIDAVIT CONCERNING IDENTITY OF
                  HEIRS 
  CHAPTER 203.  NONJUDICIAL EVIDENCE OF HEIRSHIP
         Sec. 203.001.  RECORDED STATEMENT OF FACTS AS PRIMA FACIE
  EVIDENCE OF HEIRSHIP. (a) A court shall receive in a proceeding to
  declare heirship or a suit involving title to property a statement
  of facts concerning the family history, genealogy, marital status,
  or the identity of the heirs of a decedent as prima facie evidence
  of the facts contained in the statement if:
               (1)  the statement is contained in:
                     (A)  an affidavit or other instrument legally
  executed and acknowledged or sworn to before, and certified by, an
  officer authorized to take acknowledgments or oaths, as applicable;
  or
                     (B)  a judgment of a court of record; and
               (2)  the affidavit or instrument containing the
  statement has been of record for five years or more in the deed
  records of a county in this state in which the property is located
  at the time the suit involving title to property is commenced, or in
  the deed records of a county in this state in which the decedent was
  domiciled or had a fixed place of residence at the time of the
  decedent's death.
         (b)  If there is an error in a statement of facts in a
  recorded affidavit or instrument described by Subsection (a),
  anyone interested in a proceeding in which the affidavit or
  instrument is offered in evidence may prove the true facts.
         (c)  An affidavit of facts concerning the identity of a
  decedent's heirs as to an interest in real property that is filed in
  a proceeding or suit described by Subsection (a) may be in the form
  prescribed by Section 203.002.
         (d)  An affidavit of facts concerning the identity of a
  decedent's heirs does not affect the rights of an omitted heir or
  creditor of the decedent as otherwise provided by law. This section
  is cumulative of all other statutes on the same subject and may not
  be construed as abrogating any right to present evidence or rely on
  an affidavit of facts conferred by any other statute or rule. (Tex.
  Prob. Code, Sec. 52.)
         Sec. 203.002.  FORM OF AFFIDAVIT CONCERNING IDENTITY OF
  HEIRS.  An affidavit of facts concerning the identity of a
  decedent's heirs may be in substantially the following form:
  AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
         Before me, the undersigned authority, on this day personally
  appeared __________ ("Affiant") (insert name of affiant) who, being
  first duly sworn, upon his/her oath states:
         1. My name is __________ (insert name of affiant), and I live
  at __________ (insert address of affiant's residence). I am
  personally familiar with the family and marital history of
  __________ ("Decedent") (insert name of decedent), and I have
  personal knowledge of the facts stated in this affidavit.
         2. I knew decedent from __________ (insert date) until
  __________ (insert date). Decedent died on __________ (insert date
  of death). Decedent's place of death was __________ (insert place
  of death). At the time of decedent's death, decedent's residence was
  __________ (insert address of decedent's residence).
         3. Decedent's marital history was as follows: __________
  (insert marital history and, if decedent's spouse is deceased,
  insert date and place of spouse's death).
         4. Decedent had the following children: __________ (insert
  name, birth date, name of other parent, and current address of child
  or date of death of child and descendants of deceased child, as
  applicable, for each child).
         5. Decedent did not have or adopt any other children and did
  not take any other children into decedent's home or raise any other
  children, except: __________ (insert name of child or names of
  children, or state "none").
         6. (Include if decedent was not survived by descendants.)
  Decedent's mother was: __________ (insert name, birth date, and
  current address or date of death of mother, as applicable).
         7. (Include if decedent was not survived by descendants.)
  Decedent's father was: __________ (insert name, birth date, and
  current address or date of death of father, as applicable).
         8. (Include if decedent was not survived by descendants or by
  both mother and father.) Decedent had the following siblings:
  __________ (insert name, birth date, and current address or date of
  death of each sibling and parents of each sibling and descendants of
  each deceased sibling, as applicable, or state "none").
         9. (Optional.) The following persons have knowledge
  regarding the decedent, the identity of decedent's children, if
  any, parents, or siblings, if any: __________ (insert names of
  persons with knowledge, or state "none").
         10. Decedent died without leaving a written will. (Modify
  statement if decedent left a written will.)
         11. There has been no administration of decedent's estate.
  (Modify statement if there has been administration of decedent's
  estate.)
         12. Decedent left no debts that are unpaid, except:
  __________ (insert list of debts, or state "none").
         13. There are no unpaid estate or inheritance taxes, except:
  __________ (insert list of unpaid taxes, or state "none").
         14. To the best of my knowledge, decedent owned an interest
  in the following real property: __________ (insert list of real
  property in which decedent owned an interest, or state "none").
         15. (Optional.) The following were the heirs of decedent:
  __________ (insert names of heirs).
         16. (Insert additional information as appropriate, such as
  size of the decedent's estate.)
  Signed this ___ day of __________, ___.
  _________________________________
                                       (signature of affiant)
  State of __________
  County of __________
         Sworn to and subscribed to before me on __________ (date) by
  __________ (insert name of affiant).
  _________________________________
                                       (signature of notarial officer)
  (Seal, if any, of notary) __________
                                       (printed name)
         My commission expires: __________
         (Tex. Prob. Code, Sec. 52A.)
  CHAPTER 204. GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
  SUBCHAPTER A. GENERAL PROVISIONS
  Sec. 204.001.  PROCEEDINGS AND RECORDS PUBLIC 
  [Sections 204.002-204.050 reserved for expansion]
  SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
  DECLARE HEIRSHIP
  Sec. 204.051.  ORDER FOR GENETIC TESTING 
  Sec. 204.052.  ADVANCEMENT OF COSTS 
  Sec. 204.053.  ORDER AND ADVANCEMENT OF COSTS FOR
                  SUBSEQUENT GENETIC TESTING 
  Sec. 204.054.  SUBMISSION OF GENETIC MATERIAL BY OTHER
                  RELATIVE UNDER CERTAIN CIRCUMSTANCES 
  Sec. 204.055.  GENETIC TESTING OF DECEASED INDIVIDUAL 
  Sec. 204.056.  CRIMINAL PENALTY 
  [Sections 204.057-204.100 reserved for expansion]
  SUBCHAPTER C. RESULTS OF GENETIC TESTING
  Sec. 204.101.  RESULTS OF GENETIC TESTING;
                  ADMISSIBILITY 
  Sec. 204.102.  PRESUMPTION REGARDING RESULTS OF GENETIC
                  TESTING; REBUTTAL 
  Sec. 204.103.  CONTESTING RESULTS OF GENETIC TESTING 
  [Sections 204.104-204.150 reserved for expansion]
  SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN PROCEEDINGS TO DECLARE HEIRSHIP
  PROCEEDINGS TO DECLARE HEIRSHIP
  Sec. 204.151.  APPLICABILITY OF SUBCHAPTER 
  Sec. 204.152.  REQUIRED FINDINGS IN ABSENCE OF REBUTTAL
                  EVIDENCE 
  Sec. 204.153.  EFFECT OF INCONCLUSIVE RESULTS OF
                  GENETIC TESTING 
  [Sections 204.154-204.200 reserved for expansion]
  SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC TESTING
  TESTING
  Sec. 204.201.  ORDER FOR CHANGE OF NAME 
  CHAPTER 204.  GENETIC TESTING IN PROCEEDINGS TO DECLARE HEIRSHIP
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 204.001.  PROCEEDINGS AND RECORDS PUBLIC. A proceeding
  under this chapter or Chapter 202 involving genetic testing is open
  to the public as in other civil cases. Papers and records in the
  proceeding are available for public inspection. (Tex. Prob. Code,
  Sec. 53E.)
  [Sections 204.002-204.050 reserved for expansion]
  SUBCHAPTER B. COURT ORDERS FOR GENETIC TESTING IN PROCEEDINGS TO
  DECLARE HEIRSHIP
         Sec. 204.051.  ORDER FOR GENETIC TESTING. (a) In a
  proceeding to declare heirship under Chapter 202, the court may, on
  the court's own motion, and shall, on the request of a party to the
  proceeding, order one or more specified individuals to submit to
  genetic testing as provided by Subchapter F, Chapter 160, Family
  Code. If two or more individuals are ordered to be tested, the
  court may order that the testing of those individuals be done
  concurrently or sequentially.
         (b)  The court may enforce an order under this section by
  contempt. (Tex. Prob. Code, Sec. 53A(a).)
         Sec. 204.052.  ADVANCEMENT OF COSTS. Subject to any
  assessment of costs following a proceeding to declare heirship in
  accordance with Rule 131, Texas Rules of Civil Procedure, the cost
  of genetic testing ordered under Section 204.051 must be advanced:
               (1)  by a party to the proceeding who requests the
  testing;
               (2)  as agreed by the parties and approved by the court;
  or
               (3)  as ordered by the court. (Tex. Prob. Code, Sec.
  53A(b).)
         Sec. 204.053.  ORDER AND ADVANCEMENT OF COSTS FOR SUBSEQUENT
  GENETIC TESTING. (a) Subject to Subsection (b), the court shall
  order genetic testing subsequent to the testing conducted under
  Section 204.051 if:
               (1)  a party to the proceeding to declare heirship
  contests the results of the genetic testing ordered under Section
  204.051; and
               (2)  the party contesting the results requests that
  additional testing be conducted.
         (b)  If the results of the genetic testing ordered under
  Section 204.051 identify a tested individual as an heir of the
  decedent, the court may order additional genetic testing in
  accordance with Subsection (a) only if the party contesting those
  results pays for the additional testing in advance. (Tex. Prob.
  Code, Secs. 53A(c), (d).)
         Sec. 204.054.  SUBMISSION OF GENETIC MATERIAL BY OTHER
  RELATIVE UNDER CERTAIN CIRCUMSTANCES. If a sample of an
  individual's genetic material that could identify another
  individual as the decedent's heir is not available for purposes of
  conducting genetic testing under this subchapter, the court, on a
  finding of good cause and that the need for genetic testing
  outweighs the legitimate interests of the individual to be tested,
  may order any of the following individuals to submit a sample of
  genetic material for the testing under circumstances the court
  considers just:
               (1)  a parent, sibling, or child of the individual
  whose genetic material is not available; or
               (2)  any other relative of that individual, as
  necessary to conduct the testing. (Tex. Prob. Code, Sec. 53A(e).)
         Sec. 204.055.  GENETIC TESTING OF DECEASED INDIVIDUAL. On
  good cause shown, the court may order:
               (1)  genetic testing of a deceased individual under
  this subchapter; and
               (2)  if necessary, removal of the remains of the
  deceased individual as provided by Section 711.004, Health and
  Safety Code, for that testing. (Tex. Prob. Code, Sec. 53A(f).)
         Sec. 204.056.  CRIMINAL PENALTY. (a) An individual commits
  an offense if:
               (1)  the individual intentionally releases an
  identifiable sample of the genetic material of another individual
  that was provided for purposes of genetic testing ordered under
  this subchapter; and
               (2)  the release:
                     (A)  is for a purpose not related to the
  proceeding to declare heirship; and
                     (B)  was not ordered by the court or done in
  accordance with written permission obtained from the individual who
  provided the sample.
         (b)  An offense under this section is a Class A misdemeanor.
  (Tex. Prob. Code, Sec. 53A(g).)
  [Sections 204.057-204.100 reserved for expansion]
  SUBCHAPTER C. RESULTS OF GENETIC TESTING
         Sec. 204.101.  RESULTS OF GENETIC TESTING; ADMISSIBILITY. A
  report of the results of genetic testing ordered under Subchapter
  B:
               (1)  must comply with the requirements for a report
  prescribed by Section 160.504, Family Code; and
               (2)  is admissible in a proceeding to declare heirship
  under Chapter 202 as evidence of the truth of the facts asserted in
  the report. (Tex. Prob. Code, Sec. 53B(a).)
         Sec. 204.102.  PRESUMPTION REGARDING RESULTS OF GENETIC
  TESTING; REBUTTAL. The presumption under Section 160.505, Family
  Code:
               (1)  applies to the results of genetic testing ordered
  under Subchapter B; and
               (2)  may be rebutted as provided by Section 160.505,
  Family Code. (Tex. Prob. Code, Sec. 53B(b).)
         Sec. 204.103.  CONTESTING RESULTS OF GENETIC TESTING. (a) A
  party to a proceeding to declare heirship who contests the results
  of genetic testing may call one or more genetic testing experts to
  testify in person or by telephone, videoconference, deposition, or
  another method approved by the court.
         (b)  Unless otherwise ordered by the court, the party
  offering the testimony under Subsection (a) bears the expense for
  the expert testifying. (Tex. Prob. Code, Sec. 53B(c).)
  [Sections 204.104-204.150 reserved for expansion]
  SUBCHAPTER D. USE OF RESULTS OF GENETIC TESTING IN CERTAIN
  PROCEEDINGS TO DECLARE HEIRSHIP
         Sec. 204.151.  APPLICABILITY OF SUBCHAPTER. This subchapter
  applies in a proceeding to declare heirship of a decedent only with
  respect to an individual who:
               (1)  petitions the court for a determination of right
  of inheritance as authorized by Section 201.052(c); and
               (2)  claims:
                     (A)  to be a biological child of the decedent, but
  with respect to whom a parent-child relationship with the decedent
  was not established as provided by Section 160.201, Family Code; or
                     (B)  to inherit through a biological child of the
  decedent, if a parent-child relationship between the individual
  through whom the inheritance is claimed and the decedent was not
  established as provided by Section 160.201, Family Code. (Tex.
  Prob. Code, Sec. 53C(a).)
         Sec. 204.152.  REQUIRED FINDINGS IN ABSENCE OF REBUTTAL
  EVIDENCE. Unless the results of genetic testing of another
  individual who is an heir of the decedent who is the subject of a
  proceeding to declare heirship to which this subchapter applies are
  admitted as rebuttal evidence, the court shall find that the
  individual described by Section 204.151:
               (1)  is an heir of the decedent, if the results of
  genetic testing ordered under Subchapter B identify a tested
  individual who is an heir of the decedent as the ancestor of the
  individual described by Section 204.151; or
               (2)  is not an heir of the decedent, if the results of
  genetic testing ordered under Subchapter B exclude a tested
  individual who is an heir of the decedent as the ancestor of the
  individual described by Section 204.151. (Tex. Prob. Code, Secs.
  53C(b), (c).)
         Sec. 204.153.  EFFECT OF INCONCLUSIVE RESULTS OF GENETIC
  TESTING. If the results of genetic testing ordered under
  Subchapter B do not identify or exclude a tested individual as the
  ancestor of the individual described by Section 204.151:
               (1)  the court may not dismiss the proceeding to
  declare heirship; and
               (2)  the results of the genetic testing and other
  relevant evidence are admissible in the proceeding. (Tex. Prob.
  Code, Sec. 53C(d).)
  [Sections 204.154-204.200 reserved for expansion]
  SUBCHAPTER E. ADDITIONAL ORDERS FOLLOWING RESULTS OF GENETIC
  TESTING
         Sec. 204.201.  ORDER FOR CHANGE OF NAME. On the request of
  an individual determined by the results of genetic testing to be the
  heir of a decedent and for good cause shown, the court may:
               (1)  order the name of the individual to be changed; and
               (2)  if the court orders a name change under
  Subdivision (1), order the bureau of vital statistics to issue an
  amended birth record for the individual. (Tex. Prob. Code, Sec.
  53D.)
  CHAPTER 205. SMALL ESTATE AFFIDAVIT
  Sec. 205.001.  ENTITLEMENT TO ESTATE WITHOUT
                  APPOINTMENT OF PERSONAL REPRESENTATIVE 
  Sec. 205.002.  AFFIDAVIT REQUIREMENTS 
  Sec. 205.003.  EXAMINATION AND APPROVAL OF AFFIDAVIT 
  Sec. 205.004.  COPY OF AFFIDAVIT TO CERTAIN PERSONS 
  Sec. 205.005.  AFFIDAVIT AS LOCAL GOVERNMENT RECORD 
  Sec. 205.006.  TITLE TO HOMESTEAD TRANSFERRED UNDER
                  AFFIDAVIT 
  Sec. 205.007.  LIABILITY OF CERTAIN PERSONS 
  Sec. 205.008.  EFFECT OF CHAPTER 
  CHAPTER 205. SMALL ESTATE AFFIDAVIT
         Sec. 205.001.  ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF
  PERSONAL REPRESENTATIVE. The distributees of the estate of a
  decedent who dies intestate are entitled to the decedent's estate
  without waiting for the appointment of a personal representative of
  the estate to the extent the estate assets, excluding homestead and
  exempt property, exceed the known liabilities of the estate,
  excluding any liabilities secured by homestead and exempt property,
  if:
               (1)  30 days have elapsed since the date of the
  decedent's death;
               (2)  no petition for the appointment of a personal
  representative is pending or has been granted;
               (3)  the value of the estate assets, excluding
  homestead and exempt property, does not exceed $50,000;
               (4)  an affidavit that meets the requirements of
  Section 205.002 is filed with the clerk of the court that has
  jurisdiction and venue of the estate;
               (5)  the judge approves the affidavit as provided by
  Section 205.003; and
               (6)  the distributees comply with Section 205.004.  
  (Tex. Prob. Code, Sec. 137(a) (part).)
         Sec. 205.002.  AFFIDAVIT REQUIREMENTS. An affidavit filed
  under Section 205.001 must:
               (1)  be sworn to by:
                     (A)  two disinterested witnesses;
                     (B)  each distributee of the estate who has legal
  capacity; and
                     (C)  if warranted by the facts, the natural
  guardian or next of kin of any minor distributee or the guardian of
  any other incapacitated distributee;
               (2)  show the existence of the conditions prescribed by
  Sections 205.001(1), (2), and (3); and
               (3)  include:
                     (A)  a list of all known estate assets and
  liabilities;
                     (B)  the name and address of each distributee; and
                     (C)  the relevant family history facts concerning
  heirship that show each distributee's right to receive estate money
  or other property or to have any evidence of money, property, or
  other right of the estate as is determined to exist transferred to
  the distributee as an heir or assignee. (Tex. Prob. Code, Sec.
  137(a) (part).)
         Sec. 205.003.  EXAMINATION AND APPROVAL OF AFFIDAVIT.  The
  judge shall examine an affidavit filed under Section 205.001.  The
  judge may approve the affidavit if the judge determines that the
  affidavit conforms to the requirements of this chapter.  (Tex.
  Prob. Code, Sec. 137(a) (part).)
         Sec. 205.004.  COPY OF AFFIDAVIT TO CERTAIN PERSONS. The
  distributees of the estate shall provide a copy of the affidavit
  under this chapter, certified by the court clerk, to each person
  who:
               (1)  owes money to the estate;
               (2)  has custody or possession of estate property; or
               (3)  acts as a registrar, fiduciary, or transfer agent
  of or for an evidence of interest, indebtedness, property, or other
  right belonging to the estate. (Tex. Prob. Code, Sec. 137(a)
  (part).)
         Sec. 205.005.  AFFIDAVIT AS LOCAL GOVERNMENT RECORD. (a) If
  the judge approves an affidavit under Section 205.003, the
  affidavit shall be maintained as a local government record under
  Subtitle C, Title 6, Local Government Code.
         (b)  If the county does not maintain local government records
  in a manner authorized under Subtitle C, Title 6, Local Government
  Code, the county clerk shall provide and keep in the clerk's office
  an appropriate book labeled "Small Estates" in which the clerk
  shall, on payment of the legal recording fee, record each affidavit
  filed under this chapter. The small estates book must contain an
  accurate index that shows the decedent's name and references to any
  land involved. (Tex. Prob. Code, Sec. 137(d).)
         Sec. 205.006.  TITLE TO HOMESTEAD TRANSFERRED UNDER
  AFFIDAVIT. (a) If a decedent's homestead is the only real property
  in the decedent's estate, title to the homestead may be transferred
  under an affidavit that meets the requirements of this chapter.  The
  affidavit used to transfer title to the homestead must be recorded
  in the deed records of a county in which the homestead is located.
         (b)  A bona fide purchaser for value may rely on an affidavit
  recorded under this section.  A bona fide purchaser for value
  without actual or constructive notice of an heir who is not
  disclosed in the recorded affidavit acquires title to a homestead
  free of the interests of the undisclosed heir, but remains subject
  to any claim a creditor of the decedent has by law.  A purchaser has
  constructive notice of an heir who is not disclosed in the recorded
  affidavit if an affidavit, judgment of heirship, or title
  transaction in the chain of title in the deed records identifies
  that heir as the decedent's heir.
         (c)  An heir who is not disclosed in an affidavit recorded
  under this section may recover from an heir who receives
  consideration from a purchaser in a transfer for value of title to a
  homestead passing under the affidavit. (Tex. Prob. Code, Sec.
  137(c).)
         Sec. 205.007.  LIABILITY OF CERTAIN PERSONS. (a) A person
  making a payment, delivery, transfer, or issuance under an
  affidavit described by this chapter is released to the same extent
  as if made to a personal representative of the decedent.  The person
  may not be required to:
               (1)  see to the application of the affidavit; or
               (2)  inquire into the truth of any statement in the
  affidavit.
         (b)  The distributees to whom payment, delivery, transfer,
  or issuance is made are:
               (1)  answerable for the payment, delivery, transfer, or
  issuance to any person having a prior right; and
               (2)  accountable to any personal representative
  appointed after the payment, delivery, transfer, or issuance.
         (c)  Each person who executed the affidavit is liable for any
  damage or loss to any person that arises from a payment, delivery,
  transfer, or issuance made in reliance on the affidavit.
         (d)  If a person to whom the affidavit is delivered refuses
  to pay, deliver, transfer, or issue property as provided by this
  section, the property may be recovered in an action brought for that
  purpose by or on behalf of the distributees entitled to the property
  on proof of the facts required to be stated in the affidavit.  (Tex.
  Prob. Code, Sec. 138.)
         Sec. 205.008.  EFFECT OF CHAPTER. (a)  This chapter does not
  affect the disposition of property under a will or other
  testamentary document.
         (b)  Except as provided by Section 205.006, this chapter does
  not transfer title to real property. (Tex. Prob. Code, Sec.
  137(b).)
  [Chapters 206-250 reserved for expansion]
  SUBTITLE F. WILLS
  CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO WILLS
  WILLS
  SUBCHAPTER A. WILL FORMATION
  Sec. 251.001.  WHO MAY EXECUTE WILL 
  Sec. 251.002.  INTERESTS THAT MAY PASS BY WILL;
                  DISINHERITANCE 
  [Sections 251.003-251.050 reserved for expansion]
  SUBCHAPTER B. WILL REQUIREMENTS
  Sec. 251.051.  WRITTEN, SIGNED, AND ATTESTED 
  Sec. 251.052.  EXCEPTION FOR HOLOGRAPHIC WILLS 
  [Sections 251.053-251.100 reserved for expansion]
  SUBCHAPTER C. SELF-PROVED WILLS
  Sec. 251.101.  SELF-PROVED WILL 
  Sec. 251.102.  PROBATE AND TREATMENT OF SELF-PROVED
                  WILL 
  Sec. 251.103.  PERIOD FOR MAKING ATTESTED WILLS
                  SELF-PROVED 
  Sec. 251.104.  REQUIREMENTS FOR SELF-PROVING AFFIDAVIT 
  Sec. 251.105.  EFFECT OF SIGNATURE ON SELF-PROVING
                  AFFIDAVIT 
  Sec. 251.106.  CONTEST, REVOCATION, OR AMENDMENT OF
                  SELF-PROVED WILL 
  Sec. 251.107.  SELF-PROVED HOLOGRAPHIC WILL 
  CHAPTER 251. FUNDAMENTAL REQUIREMENTS AND PROVISIONS RELATING TO
  WILLS
  SUBCHAPTER A. WILL FORMATION
         Sec. 251.001.  WHO MAY EXECUTE WILL.  Under the rules and
  limitations prescribed by law, a person of sound mind has the right
  and power to make a last will and testament if, at the time the will
  is made, the person:
               (1)  is 18 years of age or older;
               (2)  is or has been married; or
               (3)  is a member of the armed forces of the United
  States, an auxiliary of the armed forces of the United States, or
  the United States Maritime Service. (Tex. Prob. Code, Sec. 57.)
         Sec. 251.002.  INTERESTS THAT MAY PASS BY WILL;
  DISINHERITANCE. (a)  Subject to limitations prescribed by law, a
  person competent to make a last will and testament may devise under
  the will and testament all the estate, right, title, and interest in
  property the person has at the time of the person's death.
         (b)  A person who makes a last will and testament may:
               (1)  disinherit an heir; and
               (2)  direct the disposition of property or an interest
  passing under the will or by intestacy. (Tex. Prob. Code, Secs.
  58(a), (b).)
  [Sections 251.003-251.050 reserved for expansion]
  SUBCHAPTER B. WILL REQUIREMENTS
         Sec. 251.051.  WRITTEN, SIGNED, AND ATTESTED.  Except as
  otherwise provided by law, a last will and testament must be:
               (1)  in writing;
               (2)  signed by:
                     (A)  the testator in person; or
                     (B)  another person on behalf of the testator:
                           (i)  in the testator's presence; and
                           (ii)  under the testator's direction; and
               (3)  attested by two or more credible witnesses who are
  at least 14 years of age and who subscribe their names to the will in
  their own handwriting in the testator's presence.  (Tex. Prob.
  Code, Sec. 59(a) (part).)
         Sec. 251.052.  EXCEPTION FOR HOLOGRAPHIC WILLS.
  Notwithstanding Section 251.051, a will written wholly in the
  testator's handwriting is not required to be attested by
  subscribing witnesses. (Tex. Prob. Code, Secs. 59(a) (part), 60
  (part).)
  [Sections 251.053-251.100 reserved for expansion]
  SUBCHAPTER C. SELF-PROVED WILLS
         Sec. 251.101.  SELF-PROVED WILL.  A will to which a
  self-proving affidavit subscribed and sworn to by the testator and
  witnesses is attached or annexed is a self-proved will.  (Tex. Prob.
  Code, Sec. 59(b) (part).)
         Sec. 251.102.  PROBATE AND TREATMENT OF SELF-PROVED WILL.  
  (a) A self-proved will may be admitted to probate without the
  testimony of any subscribing witnesses if the testator and
  witnesses execute a self-proving affidavit.
         (b)  A self-proved will may not otherwise be treated
  differently than a will that is not self-proved.  (Tex. Prob. Code,
  Secs. 59(a) (part), (c) (part).)
         Sec. 251.103.  PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED.
  A will or testament that meets the requirements of Section 251.051
  may be made self-proved at:
               (1)  the time of the execution of the will or testament;
  or
               (2)  a later date during the lifetime of the testator
  and the witnesses. (Tex. Prob. Code, Sec. 59(a) (part).)
         Sec. 251.104.  REQUIREMENTS FOR SELF-PROVING AFFIDAVIT. (a)
  An affidavit that is in form and content substantially as provided
  by Subsection (e) is a self-proving affidavit.
         (b)  A self-proving affidavit must be made by the testator
  and by the attesting witnesses before an officer authorized to
  administer oaths under the laws of this state. The officer shall
  affix the officer's official seal to the self-proving affidavit.
         (c)  The self-proving affidavit shall be attached or annexed
  to the will or testament.
         (d)  An affidavit that is in substantial compliance with the
  form of the affidavit provided by Subsection (e), that is
  subscribed and acknowledged by the testator, and that is
  subscribed and sworn to by the attesting witnesses is sufficient to
  self-prove the will. No other affidavit or certificate of a
  testator is required to self-prove a will or testament other than
  the affidavit provided by Subsection (e).
         (e)  The form and content of the self-proving affidavit must
  be substantially as follows:
         THE STATE OF TEXAS
         COUNTY OF ________________
         Before me, the undersigned authority, on this day personally
  appeared _______________, _______________, and _______________,
  known to me to be the testator and the witnesses, respectively,
  whose names are subscribed to the annexed or foregoing instrument
  in their respective capacities, and, all of said persons being by me
  duly sworn, the said _______________, testator, declared to me and
  to the said witnesses in my presence that said instrument is
  [his/her] last will and testament, and that [he/she] had willingly
  made and executed it as [his/her] free act and deed; and the said
  witnesses, each on [his/her] oath stated to me, in the presence and
  hearing of the said testator, that the said testator had declared to
  them that said instrument is [his/her] last will and testament, and
  that [he/she] executed same as such and wanted each of them to sign
  it as a witness; and upon their oaths each witness stated further
  that they did sign the same as witnesses in the presence of the said
  testator and at [his/her] request; that [he/she] was at that time
  eighteen years of age or over (or being under such age, was or had
  been lawfully married, or was then a member of the armed forces of
  the United States, or an auxiliary of the armed forces of the United
  States, or the United States Maritime Service) and was of sound
  mind; and that each of said witnesses was then at least fourteen
  years of age.
         _______________
         Testator       
         _______________
         Witness        
         _______________
         Witness        
         Subscribed and sworn to before me by the said ____________,
  testator, and by the said ________________ and _______________,
  witnesses, this ______ day of ________________ A.D.
  ________________.
  (SEAL)
  (Signed)  ______________________________
  (Official Capacity of Officer) 
  (Tex. Prob. Code, Secs. 59(a) (part), (b) (part).)
         Sec. 251.105.  EFFECT OF SIGNATURE ON SELF-PROVING
  AFFIDAVIT. A signature on a self-proving affidavit is considered a
  signature to the will if necessary to prove that the will was signed
  by the testator or witnesses or both, except that, in that case, the
  will may not be considered a self-proved will. (Tex. Prob. Code,
  Sec. 59(b) (part).)
         Sec. 251.106.  CONTEST, REVOCATION, OR AMENDMENT OF
  SELF-PROVED WILL.  A self-proved will may be contested, revoked, or
  amended by a codicil in the same manner as a will that is not
  self-proved. (Tex. Prob. Code, Sec. 59(c) (part).)
         Sec. 251.107.  SELF-PROVED HOLOGRAPHIC WILL.
  Notwithstanding any other provision of this subchapter, a will
  written wholly in the testator's handwriting may be made
  self-proved at any time during the testator's lifetime by the
  attachment or annexation to the will of an affidavit by the testator
  to the effect that:
               (1)  the instrument is the testator's last will;
               (2)  the testator was 18 years of age or older at the
  time the will was executed or, if the testator was younger than 18
  years of age, that the testator:
                     (A)  was or had been married; or
                     (B)  was a member of the armed forces of the United
  States, an auxiliary of the armed forces of the United States, or
  the United States Maritime Service at the time the will was
  executed;
               (3)  the testator was of sound mind; and
               (4)  the testator has not revoked the will. (Tex. Prob.
  Code, Sec. 60 (part).)
  CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
  SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK
  Sec. 252.001.  WILL DEPOSIT; CERTIFICATE 
  Sec. 252.002.  SEALED WRAPPER REQUIRED 
  Sec. 252.003.  NUMBERING OF FILED WILLS AND
                  CORRESPONDING CERTIFICATES 
  Sec. 252.004.  INDEX 
  [Sections 252.005-252.050 reserved for expansion]
  SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR
  Sec. 252.051.  WILL DELIVERY 
  Sec. 252.052.  SURRENDER OF CERTIFICATE OF DEPOSIT;
                  EXCEPTION 
  [Sections 252.053-252.100 reserved for expansion]
  SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR
  Sec. 252.101.  NOTIFICATION BY COUNTY CLERK 
  Sec. 252.102.  WILL DELIVERY ON TESTATOR'S DEATH 
  Sec. 252.103.  INSPECTION OF WILL BY COUNTY CLERK 
  Sec. 252.104.  NOTICE AND DELIVERY OF WILL TO EXECUTOR 
  Sec. 252.105.  NOTICE AND DELIVERY OF WILL TO DEVISEES 
  [Sections 252.106-252.150 reserved for expansion]
  SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT
  Sec. 252.151.  DEPOSIT HAS NO LEGAL SIGNIFICANCE 
  Sec. 252.152.  PRIOR DEPOSITED WILL IN RELATION TO
                  LATER WILL 
  Sec. 252.153.  WILL DEPOSIT DOES NOT CONSTITUTE NOTICE 
  [Sections 252.154-252.200 reserved for expansion]
  SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS
  Sec. 252.201.  WILL DELIVERY 
  Sec. 252.202.  PERSONAL SERVICE ON CUSTODIAN OF ESTATE
                  PAPERS 
  Sec. 252.203.  ARREST; CONFINEMENT 
  Sec. 252.204.  DAMAGES 
  CHAPTER 252. SAFEKEEPING AND CUSTODY OF WILLS
  SUBCHAPTER A. DEPOSIT OF WILL WITH COUNTY CLERK
         Sec. 252.001.  WILL DEPOSIT; CERTIFICATE. (a) A testator,
  or another person for the testator, may deposit the testator's will
  with the county clerk of the county of the testator's residence.  
  Before accepting the will for deposit, the clerk may require proof
  satisfactory to the clerk concerning the testator's identity and
  residence.
         (b)  The county clerk shall receive and keep the will on the
  payment of a $5 fee.
         (c)  On the deposit of the will, the county clerk shall issue
  a certificate of deposit for the will.  (Tex. Prob. Code, Sec. 71(a)
  (part).)
         Sec. 252.002.  SEALED WRAPPER REQUIRED. (a)  A will intended
  to be deposited with a county clerk shall be enclosed in a sealed
  wrapper.
         (b)  The wrapper must be endorsed with:
               (1)  "Will of," followed by the name, address, and
  signature of the testator; and
               (2)  the name and current address of each person who is
  to be notified of the deposit of the will after the testator's
  death.  (Tex. Prob. Code, Sec. 71(b).)
         Sec. 252.003.  NUMBERING OF FILED WILLS AND CORRESPONDING
  CERTIFICATES. (a) A county clerk shall number wills deposited with
  the clerk in consecutive order.
         (b)  A certificate of deposit issued under Section
  252.001(c) on receipt of a will must bear the same number as the
  will for which the certificate is issued.  (Tex. Prob. Code, Sec.
  71(a) (part).)
         Sec. 252.004.  INDEX.  A county clerk shall keep an index of
  all wills deposited with the clerk under Section 252.001.  (Tex.
  Prob. Code, Sec. 71(c).)
  [Sections 252.005-252.050 reserved for expansion]
  SUBCHAPTER B. WILL DELIVERY DURING LIFE OF TESTATOR
         Sec. 252.051.  WILL DELIVERY.  During the lifetime of the
  testator, a will deposited with a county clerk under Subchapter A
  may be delivered only to:
               (1)  the testator; or
               (2)  another person authorized by the testator by a
  sworn written order. (Tex. Prob. Code, Sec. 71(d) (part).)
         Sec. 252.052.  SURRENDER OF CERTIFICATE OF DEPOSIT;
  EXCEPTION. (a)  Except as provided by Subsection (b), on delivery
  of a will to the testator or a person authorized by the testator
  under Section 252.051, the certificate of deposit issued for the
  will must be surrendered by the person to whom delivery of the will
  is made.
         (b)  A county clerk may instead accept and file an affidavit
  by the testator stating that the certificate of deposit issued for
  the will has been lost, stolen, or destroyed.  (Tex. Prob. Code,
  Sec. 71(d) (part).)
  [Sections 252.053-252.100 reserved for expansion]
  SUBCHAPTER C. ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR
         Sec. 252.101.  NOTIFICATION BY COUNTY CLERK. A county clerk
  shall notify, by registered mail, return receipt requested, each
  person named on the endorsement of the will wrapper that the will is
  on deposit in the clerk's office if:
               (1)  an affidavit is submitted to the clerk stating
  that the testator has died; or
               (2)  the clerk receives other notice or proof of the
  testator's death sufficient to convince the clerk that the testator
  has died.  (Tex. Prob. Code, Sec. 71(e) (part).)
         Sec. 252.102.  WILL DELIVERY ON TESTATOR'S DEATH. On the
  request of one or more persons notified under Section 252.101, the
  county clerk shall deliver the will that is the subject of the
  notice to the person or persons.  The clerk shall obtain a receipt
  for delivery of the will.  (Tex. Prob. Code, Sec. 71(e) (part).)
         Sec. 252.103.  INSPECTION OF WILL BY COUNTY CLERK. A county
  clerk shall open a will wrapper and inspect the will if:
               (1)  the notice required by Section 252.101 is returned
  as undelivered; or
               (2)  the clerk has accepted for deposit a will that does
  not specify on the will wrapper the person to whom the will is to be
  delivered on the testator's death. (Tex. Prob. Code, Sec. 71(e)
  (part).)
         Sec. 252.104.  NOTICE AND DELIVERY OF WILL TO EXECUTOR. If a
  county clerk inspects a will under Section 252.103 and the will
  names an executor, the clerk shall:
               (1)  notify the person named as executor, by registered
  mail, return receipt requested, that the will is on deposit with the
  clerk; and
               (2)  deliver, on request, the will to the person named
  as executor.  (Tex. Prob. Code, Sec. 71(e) (part).)
         Sec. 252.105.  NOTICE AND DELIVERY OF WILL TO DEVISEES. (a)
  If a county clerk inspects a will under Section 252.103, the clerk
  shall notify by registered mail, return receipt requested, the
  devisees named in the will that the will is on deposit with the
  clerk if:
               (1)  the will does not name an executor;
               (2)  the person named as executor in the will:
                     (A)  has died; or
                     (B)  fails to take the will before the 31st day
  after the date the notice required by Section 252.104 is mailed to
  the person; or
               (3)  the notice mailed to the person named as executor
  is returned as undelivered.
         (b)  On request, the county clerk shall deliver the will to
  any or all of the devisees notified under Subsection (a).  (Tex.
  Prob. Code, Sec. 71(e) (part).)
  [Sections 252.106-252.150 reserved for expansion]
  SUBCHAPTER D. LEGAL EFFECT OF WILL DEPOSIT
         Sec. 252.151.  DEPOSIT HAS NO LEGAL SIGNIFICANCE.  The
  provisions of Subchapter A providing for the deposit of a will with
  a county clerk during the lifetime of a testator are solely for the
  purpose of providing a safe and convenient repository for a will.  
  For purposes of probate, a will deposited as provided by Subchapter
  A may not be treated differently than a will that has not been
  deposited.  (Tex. Prob. Code, Sec. 71(f) (part).)
         Sec. 252.152.  PRIOR DEPOSITED WILL IN RELATION TO LATER
  WILL. A will that is not deposited as provided by Subchapter A
  shall be admitted to probate on proof that the will is the last will
  and testament of the testator, notwithstanding the fact that the
  testator has a prior will that has been deposited in accordance with
  Subchapter A.  (Tex. Prob. Code, Sec. 71(f) (part).)
         Sec. 252.153.  WILL DEPOSIT DOES NOT CONSTITUTE NOTICE.  The
  deposit of a will as provided by Subchapter A does not constitute
  notice, constructive or otherwise, to any person as to the
  existence or the contents of the will.  (Tex. Prob. Code, Sec.
  71(g).)
  [Sections 252.154-252.200 reserved for expansion]
  SUBCHAPTER E. DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS
         Sec. 252.201.  WILL DELIVERY.  On receiving notice of a
  testator's death, the person who has custody of the testator's will
  shall deliver the will to the clerk of the court that has
  jurisdiction of the testator's estate.  (Tex. Prob. Code, Sec. 75
  (part).)
         Sec. 252.202.  PERSONAL SERVICE ON CUSTODIAN OF ESTATE
  PAPERS. On a sworn written complaint that a person has custody of
  the last will of a testator or any papers belonging to the estate of
  a testator or intestate, the judge of the court that has
  jurisdiction of the estate shall have the person cited by personal
  service to appear and show cause why the person should not deliver:
               (1)  the will to the court for probate; or
               (2)  the papers to the executor or administrator.  
  (Tex. Prob. Code, Sec. 75 (part).)
         Sec. 252.203.  ARREST; CONFINEMENT. On the return of a
  citation served under Section 252.202, if the judge is satisfied
  that the person served with the citation had custody of the will or
  papers at the time the complaint under that section was filed and
  the person does not deliver the will or papers or show good cause
  why the will or papers have not been delivered, the judge may have
  the person arrested and confined until the person delivers the will
  or papers.  (Tex. Prob. Code, Sec. 75 (part).)
         Sec. 252.204.  DAMAGES. (a)  A person who refuses to