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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Unless a will provides otherwise, income from the assets of a decedent's estate that accrues after the death of the testator and before distribution, including income from property used to discharge liabilities, shall be:
(1) determined according to the rules applicable to a trustee under the Texas Trust Code (Subtitle B, Title 9, Property Code); 1 and
(2) distributed as provided by Subsections (b) and (c) and by Chapter 116, Property Code.
(b) Income from property devised to a specific devisee shall be distributed to the devisee after reduction for:
(1) property taxes;
(2) other taxes, including taxes imposed on income that accrues during the period of administration and that is payable to the devisee;
(3) ordinary repairs;
(4) insurance premiums;
(5) interest accrued after the testator's death; and
(6) other expenses of management and operation of the property.
(c) The balance of the net income shall be distributed to all other devisees after reduction for the balance of property taxes, ordinary repairs, insurance premiums, interest accrued, other expenses of management and operation of all property from which the estate is entitled to income, and taxes imposed on income that accrues during the period of administration and that is payable or allocable to the devisees, in proportion to the devisees' respective interests in the undistributed assets of the estate.
Cite this article: FindLaw.com - Texas Estates Code - EST § 310.004. Income Determination and Distribution - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-310-004/
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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