Tex. Estates Code § 453.003
This is the official text of Tex. Estates Code § 453.003, part of Texas’s Estates Code — governs wills, probate, and estate administration.
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§ 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.
Official statutory text
(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 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 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.
(1) sue and be sued to recover community property;
(2) sell, mortgage, lease, and otherwise dispose of community property to pay 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 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.
Status: in_force · Read it on the official government site
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