Texas § 205.001 ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.

Texas Statutes

§ 205.001 — ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.

Texas § 205.001

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This text of Texas § 205.001 (ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Estates Code Code Ann. § 205.001 (2026).

Text

Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE. The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:

(1)30 days have elapsed since the date of the decedent's death;

(2)no petition for the appointment of a personal representative is pending or has been granted;

(3)the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;

(4)an affidavit that m

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Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE. The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:
(1) 30 days have elapsed since the date of the decedent's death;
(2) no petition for the appointment of a personal representative is pending or has been granted;
(3) the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;
(4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate;
(5) the judge approves the affidavit as provided by Section 205.003 ; and
(6) the distributees comply with Section 205.004 .

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271 ), Sec. 12, eff. September 1, 2017.