Texas § 360.301 LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.

Texas Statutes

§ 360.301 — LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.

Texas § 360.301

Code ESEstates Code

This text of Texas § 360.301 (LIABILITY FOR FAILURE TO DELIVER ESTATE 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. § 360.301 (2026).

Text

Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY.

(a)If an executor or administrator neglects, when demanded, to deliver a portion of an estate ordered to be delivered to a person entitled to that portion, the person may file with the court clerk a written complaint alleging:

(1)the fact of the neglect;

(2)the date of the person's demand; and

(3)other relevant facts.

(b)On the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the executor or administrator. The citation must:

(1)apprise the executor or administrator of the complaint; and

(2)cite the executor or administrator to appear before the court and answer, if the executor or administrator desires, at the time designated in the citation.

(c)If at the hea

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Sec. 360.301. LIABILITY FOR FAILURE TO DELIVER ESTATE PROPERTY. (a) If an executor or administrator neglects, when demanded, to deliver a portion of an estate ordered to be delivered to a person entitled to that portion, the person may file with the court clerk a written complaint alleging:
(1) the fact of the neglect;
(2) the date of the person's demand; and
(3) other relevant facts.
(b) On the filing of a complaint under Subsection (a), the court clerk shall issue a citation to be served personally on the executor or administrator. The citation must:
(1) apprise the executor or administrator of the complaint; and
(2) cite the executor or administrator to appear before the court and answer, if the executor or administrator desires, at the time designated in the citation.
(c) If at the hearing the court finds that the citation was properly served and returned and that the executor or administrator is guilty of the neglect alleged, the court shall enter an order to that effect.
(d) An executor or administrator found guilty under Subsection (c) is liable to the complainant for damages at the rate of 10 percent of the amount or the appraised value of the portion of the estate neglectfully withheld, per month, for each month or fraction of a month that the portion is or has been neglectfully withheld after the date of demand. Damages under this subsection may be recovered in any court of competent jurisdiction.