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Texas Estates Code - EST § 355.109. Abatement of Bequests

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by Subsections (b), (c), and (d), a decedent's property is liable for debts and expenses of administration other than estate taxes, and bequests abate in the following order:

(1) property not disposed of by will, but passing by intestacy;

(2) personal property of the residuary estate;

(3) real property of the residuary estate;

(4) general bequests of personal property;

(5) general devises of real property;

(6) specific bequests of personal property; and

(7) specific devises of real property.

(b) This section does not affect the requirements for payment of a claim of a secured creditor who elects to have the claim continued as a preferred debt and lien against specific property under Subchapter D.  1

(c) A decedent's intent expressed in a will controls over the abatement of bequests provided by this section.

(d) This section does not apply to the payment of estate taxes under Subchapter A, Chapter 124.  2

1 V.T.C.A., Estates Code § 355.151 et seq.
2 V.T.C.A., Estates Code § 124.001 et seq.
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Cite this article: FindLaw.com - Texas Estates Code - EST § 355.109. Abatement of Bequests - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-355-109/

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