Tex. Est. Code § 401.003 · Chapter 401. CREATION
CREATION IN INTESTATE ESTATE BY AGREEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) All of the distributees of a decedent dying intestate may agree on the advisability of having an independent administration and collectively designate in the application for administration of the decedent's estate, or in one or more documents consenting to the application for administration of the decedent's estate, a qualified person, firm, or corporation to serve as independent administrator and request that no other action shall be had in the probate court in relation to the settlement of the decedent's estate other than the return of an inventory, appraisement, and list of claims of the decedent's estate. In such case the probate court shall enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent administrator, unless the court finds that it would not be in the best interest of the estate to do so.
(b) The court may not appoint an independent administrator to serve in an intestate administration unless and until the parties seeking appointment of the independent administrator have been determined, through a proceeding to declare heirship under Chapter 202, to constitute all of the decedent's heirs.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 41, 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.401.htm
- Text hash
- sha256 ecbbd6c172a7fcdbdb10d8eabdb55f571541f4b377842fc140d13b8e2772cea3
- 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 6 provisions
Provisions in this library whose text cites Tex. Est. Code § 401.003. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 202.004PERSONS WHO MAY COMMENCE PROCEEDING TO DECLARE HEIRSHIP.Printed as Section 401.003
- Tex. Est. Code § 301.051ELIGIBLE APPLICANTS FOR LETTERS.Printed as Section 401.002(b) or 401.003
- Tex. Est. Code § 351.351APPLICABILITY.Printed as Section 401.002 or 401.003(a)
- Tex. Est. Code § 401.004MEANS OF ESTABLISHING DISTRIBUTEE CONSENT.Printed as Section 401.002 or 401.003
- Tex. Est. Code § 401.005BOND; WAIVER OF BOND.Printed as Section 401.002 or 401.003
- Tex. Est. Code § 401.007NO LIABILITY OF JUDGE.Printed as Section 401.002 or 401.003
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.