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Texas Estates Code - EST § 453.003. General Powers of Surviving Spouse if no Administration is Pending

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

(a) If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:

(1) sue and be sued to recover community property;

(2) sell, mortgage, lease, and otherwise dispose of community property to pay community debts, for which a portion of community property is liable for payment;

(3) collect claims due to the community estate; and

(4) exercise other powers as necessary to:

(A) preserve the community property;

(B) discharge community obligations, for which a portion of community property is liable for payment; and

(C) wind up community affairs.

(b) This section does not affect the disposition of the deceased spouse's property.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 453.003. General Powers of Surviving Spouse if no Administration is Pending - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-453-003/

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