Texas § 353.053 ALLOWANCE IN LIEU OF EXEMPT PROPERTY.

Texas Statutes

§ 353.053 — ALLOWANCE IN LIEU OF EXEMPT PROPERTY.

Texas § 353.053

Code ESEstates Code

This text of Texas § 353.053 (ALLOWANCE IN LIEU OF EXEMPT PROPERTY.) 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. § 353.053 (2026).

Text

Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY.

(a)If all or any of the specific articles of exempt property described by Section 353.051 (a) are not among the decedent's effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent's surviving spouse and children as provided by Section 353.054 .

(b)The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C.

Free access — add to your briefcase to read the full text and ask questions with AI

Sec. 353.053. ALLOWANCE IN LIEU OF EXEMPT PROPERTY. (a) If all or any of the specific articles of exempt property described by Section 353.051 (a) are not among the decedent's effects, the court shall make, in lieu of the articles not among the effects, a reasonable allowance to be paid to the decedent's surviving spouse and children as provided by Section 353.054 .
(b) The allowance in lieu of a homestead may not exceed $45,000, and the allowance in lieu of other exempt property may not exceed $30,000, excluding the family allowance for the support of the surviving spouse, minor children, and adult incapacitated children provided by Subchapter C.

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492 ), Sec. 2.03, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 647 (H.B. 789 ), Sec. 2.01, eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995 ), Sec. 37, eff. September 1, 2015.