Tex. Est. Code § 310.004 · Chapter 310. ALLOCATION OF ESTATE INCOME AND EXPENSES
INCOME DETERMINATION AND DISTRIBUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Unless a will provides otherwise, income from the assets of a decedent's estate that accrues after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be:
(1) determined according to the rules applicable to a trustee under the Texas Trust Code (Subtitle B, Title 9, Property Code); and
(2) distributed as provided by Subsections (b) and (c) and by Chapter 116, Property Code.
(b) Income from property devised to a specific devisee shall be distributed to the devisee after reduction for:
(1) property taxes;
(2) other taxes, including taxes imposed on income that accrues during the period of administration and that is payable to the devisee;
(3) ordinary repairs;
(4) insurance premiums;
(5) interest accrued after the testator's death; and
(6) other expenses of management and operation of the property.
(c) The balance of the net income shall be distributed to all other devisees after reduction for the balance of property taxes, ordinary repairs, insurance premiums, interest accrued, other expenses of management and operation of all property from which the estate is entitled to income, and taxes imposed on income that accrues during the period of administration and that is payable or allocable to the devisees, in proportion to the devisees' respective interests in the undistributed assets of the estate.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.310.htm
- Text hash
- sha256 b7a953ee8831b2a7355628a380770d75e197e428a8ae32e458c94ac4a54906a4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 1 provision
Provisions in this library whose text cites Tex. Est. Code § 310.004. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.