Tex. Est. Code § 353.055 · Subchapter B. EXEMPT PROPERTY; ALLOWANCE IN LIEU OF EXEMPT PROPERTY
METHOD OF PAYING ALLOWANCE IN LIEU OF EXEMPT PROPERTY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An allowance in lieu of any exempt property shall be paid in the manner selected by the decedent's surviving spouse or children of legal age, or by the guardian of the decedent's minor children, or by the guardian of each adult incapacitated child or other appropriate person, as determined by the court, if there is no guardian, as follows:
(1) in money out of estate funds that come into the executor's or administrator's possession;
(2) in any of the decedent's property or a part of the property chosen by those individuals at the appraisement; or
(3) part in money described by Subdivision (1) and part in property described by Subdivision (2).
(b) Property specifically devised to another may be taken as provided by Subsection (a) only if other available property is insufficient to pay the allowance.
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. 2.05, 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.353.htm
- Text hash
- sha256 c14d8638499405886d90af61beff63bc4d6967a03860460966e5c5b5426f9386
- 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
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.