Tex. Est. Code § 353.052 · Subchapter B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT PROPERTY
DELIVERY OF EXEMPT PROPERTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section only applies to exempt property described by Section 353.051(a).
(a-1) The executor or administrator of an estate shall deliver, without delay, exempt property that has been set aside for the decedent's surviving spouse and children in accordance with this section.
(b) If there is a surviving spouse and there are no children of the decedent, or if all the children, including any adult incapacitated children, of the decedent are also the children of the surviving spouse, the executor or administrator shall deliver all exempt property to the surviving spouse.
(c) If there is a surviving spouse and there are children of the decedent who are not also children of the surviving spouse, the executor or administrator shall deliver the share of those children in exempt property, other than the homestead, to:
(1) the children, if the children are of legal age;
(2) the children's guardian, if the children are minors; or
(3) the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
(d) If there is no surviving spouse and there are children of the decedent, the executor or administrator shall deliver exempt property, other than the homestead, to:
(1) the children, if the children are of legal age;
(2) the children's guardian, if the children are minors; or
(3) the guardian of each of the children who is an incapacitated adult, or to another appropriate person, as determined by the court, on behalf of the adult incapacitated child if there is no guardian.
(e) In all cases, the executor or administrator shall deliver the homestead to:
(1) the decedent's surviving spouse, if there is a surviving spouse; or
(2) the guardian of the decedent's minor children, if there is not a surviving spouse.
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.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.02, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 36, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.353.htm
- Text hash
- sha256 d44b17ae21dff6162cf43f1215dc2e5f8a0228903a9b5a4f0fd73fe8c4f7f4b5
- 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
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