§ 355.109 — ABATEMENT OF BEQUESTS.

Texas § 355.109

• Jurisdiction: Texas
• Code ES: Estates Code

Text

Sec. 355.109. ABATEMENT OF BEQUESTS. (a) Except as provided by Subsections (b), (c), and (d), a decedent's property is liable for debts and expenses of administration other than estate taxes, and bequests abate in the following order:
(1) property not disposed of by will, but passing by intestacy;
(2) personal property of the residuary estate;
(3) real property of the residuary estate;
(4) general bequests of personal property;
(5) general devises of real property;
(6) specific bequests of personal property; and
(7) specific devises of real property.
(b) This section does not affect the requirements for payment of a claim of a secured creditor who elects to have the claim continued as a preferred debt and lien against specific property under Subchapter D.
(c) A decedent's intent expressed in a will controls over the abatement of bequests provided by this section.
(d) This section does not apply to the payment of estate taxes under Subchapter A , Chapter 124 .

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014.