Tex. Est. Code § 351.202 · Subchapter E. OPERATION OF BUSINESS
ORDER REQUIRING PERSONAL REPRESENTATIVE TO OPERATE BUSINESS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A court, after notice to all interested persons and a hearing, may order the personal representative of an estate to operate a business that is part of the estate and may grant the representative the powers to operate the business that the court determines are appropriate, after considering the factors listed in Subsection (b), if:
(1) the disposition of the business has not been specifically directed by the decedent's will;
(2) it is not necessary to sell the business at once for the payment of debts or for any other lawful purpose; and
(3) the court determines that the operation of the business by the representative is in the best interest of the estate.
(b) In determining which powers to grant a personal representative in an order entered under Subsection (a), the court shall consider:
(1) the condition of the estate and the business;
(2) the necessity that may exist for the future sale of the business or of business property to provide for payment of debts or claims against the estate or other lawful expenditures with respect to the estate;
(3) the effect of the order on the speedy settlement of the estate; and
(4) the best interests 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.351.htm
- Text hash
- sha256 aef094fc651fb0d0d83575726796ef6344207b3163c3c97c9acd3e3ba58c4812
- 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
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 351.202. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 351.203POWERS OF PERSONAL REPRESENTATIVE REGARDING BUSINESS.Printed as Section 351.202(a)
- Tex. Est. Code § 351.204FIDUCIARY DUTIES OF PERSONAL REPRESENTATIVE REGARDING BUSINESS.Printed as Section 351.202(a)
- Tex. Est. Code § 351.205REAL PROPERTY OF BUSINESS; NOTICE.Printed as Section 351.202(a)
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.