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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A person making a payment, delivery, transfer, or issuance under an affidavit described by this chapter is released to the same extent as if made to a personal representative of the decedent. The person may not be required to:
(1) see to the application of the affidavit; or
(2) inquire into the truth of any statement in the affidavit.
(b) The distributees to whom payment, delivery, transfer, or issuance is made are:
(1) answerable for the payment, delivery, transfer, or issuance to any person having a prior right; and
(2) accountable to any personal representative appointed after the payment, delivery, transfer, or issuance.
(c) Each person who executed the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.
(d) If a person to whom the affidavit is delivered refuses to pay, deliver, transfer, or issue property as provided by this section, the property may be recovered in an action brought for that purpose by or on behalf of the distributees entitled to the property on proof of the facts required to be stated in the affidavit.
Cite this article: FindLaw.com - Texas Estates Code - EST § 205.007. Liability of Certain Persons - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-205-007/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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