Tex. Est. Code § 405.009 · Chapter 405. CLOSING AND DISTRIBUTIONS
CLOSING INDEPENDENT ADMINISTRATION ON APPLICATION BY DISTRIBUTEE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) At any time after an estate has been fully administered and there is no further need for an independent administration of the estate, any distributee may file an application to close the administration; and, after citation on the independent administrator or other independent executor, as applicable, and on hearing, the court may enter an order:
(1) requiring the independent executor to file a closing report meeting the requirements of Section 405.005;
(2) closing the administration;
(3) terminating the power of the personal representative to act as independent executor or administrator, as applicable, and canceling the letters issued to the personal representative; and
(4) releasing the sureties on any bond the independent executor, including the independent administrator, was required to give from all liability for the future acts of the principal.
(b) The order of the court closing the independent administration shall constitute sufficient legal authority to all persons owing any money, having custody of any property, or acting as registrar or transfer agent or trustee of any evidence of interest, indebtedness, property, or right that belongs to the estate, for payment or transfer without additional administration to the distributees described in the will as entitled to receive the particular asset or who as heirs at law are entitled to receive the asset. The distributees described in the will as entitled to receive the particular asset or the heirs at law entitled to receive the asset may enforce their right to the payment or transfer by suit.
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 2025, 89th Leg., R.S., Ch. 818 (S.B. 1335), Sec. 7, eff. September 1, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.405.htm
- Text hash
- sha256 a68812ba2417d1c4d752c2fb0a8f8ee45ec59ba1f910b92e0f2b347b0ec541b7
- 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.
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.