Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The proof required by Section 359.003(a)(3) must be by:
(1) an official letter from the bank or other depository where the securities or other assets are held for safekeeping, and if the depository is the personal representative, the official letter must be signed by a representative of the depository other than the one verifying the account;
(2) a certificate of an authorized representative of a corporation that is surety on the personal representative's bonds;
(3) a certificate of the clerk or a deputy clerk of a court of record in this state; or
(4) an affidavit of any other reputable person designated by the court on request of the personal representative or other interested party.
(b) The certificate or affidavit described by Subsection (a) must:
(1) state that the affiant has examined the assets that the personal representative exhibited to the affiant as assets of the estate;
(2) describe the assets by reference to the account or in another manner that sufficiently identifies the assets exhibited; and
(3) state the time and the place the assets were exhibited.
(c) Instead of attaching a certificate or an affidavit, the personal representative may exhibit the securities to the judge, who shall endorse on the account, or include in the judge's order with respect to the account, a statement that the securities shown in the account as on hand were exhibited to the judge and that the securities were the same as those shown in the account, or note any variance.
(d) If the securities are exhibited at a location other than where the securities are deposited for safekeeping, that exhibit is at the personal representative's own expense and risk.
Cite this article: FindLaw.com - Texas Estates Code - EST § 359.004. Method of Proof for Securities and Other Assets - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-359-004/
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.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)