Tex. Estates Code § 453.009
This is the official text of Tex. Estates Code § 453.009, part of Texas’s Estates Code — governs wills, probate, and estate administration.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 453.009. DISTRIBUTION OF POWERS BETWEEN PERSONAL REPRESENTATIVE AND SURVIVING SPOUSE DURING ADMINISTRATION.
Official statutory text
(a) A qualified personal representative of a deceased spouse's estate may administer:
(1) the separate property of the deceased spouse;
(2) the community property that was by law under the management of the deceased spouse during the marriage; and
(3) the community property that was by law under the joint control of the spouses during the marriage.
(b) During administration of a deceased spouse's estate, the surviving spouse, as surviving partner of the marital partnership, is entitled to:
(1) retain possession and control of the community property that was legally under the sole management of the surviving spouse during the marriage; and
(2) exercise over that property any power this chapter authorizes the surviving spouse to exercise as if there is no administration pending on the deceased spouse's estate.
(c) The surviving spouse, by written instrument filed with the clerk, may waive any right to exercise powers as community survivor. If the surviving spouse files a waiver under this subsection, the deceased spouse's personal representative may administer the entire community estate.
(1) the separate property of the deceased spouse;
(2) the community property that was by law under the management of the deceased spouse during the marriage; and
(3) the community property that was by law under the joint control of the spouses during the marriage.
(b) During administration of a deceased spouse's estate, the surviving spouse, as surviving partner of the marital partnership, is entitled to:
(1) retain possession and control of the community property that was legally under the sole management of the surviving spouse during the marriage; and
(2) exercise over that property any power this chapter authorizes the surviving spouse to exercise as if there is no administration pending on the deceased spouse's estate.
(c) The surviving spouse, by written instrument filed with the clerk, may waive any right to exercise powers as community survivor. If the surviving spouse files a waiver under this subsection, the deceased spouse's personal representative may administer the entire community estate.
Status: in_force · Read it on the official government site
Dealing with a probate matter in Texas?
See all Texas Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.