Texas § 453.003 GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.

Texas Statutes

§ 453.003 — GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.

Texas § 453.003

Code ESEstates Code

This text of Texas § 453.003 (GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.) 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. § 453.003 (2026).

Text

Sec. 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING.

(a)If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:

(1)sue and be sued to recover community property;

(2)sell, mortgage, lease, and otherwise dispose of community property to pay debts for which a portion of community property is liable for payment;

(3)collect claims due to the community estate; and

(4)exercise other powers as necessary to:

(A)preserve the community property;

(B)discharge obligations for which a portion of community property is liable for payment; and

(C)wind up community affairs.

(b)This section does not affect the disposition of the deceased spouse's property.

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Sec. 453.003. GENERAL POWERS OF SURVIVING SPOUSE IF NO ADMINISTRATION IS PENDING. (a) If there is no qualified executor or administrator of a deceased spouse's estate, the surviving spouse, as the surviving partner of the marital partnership, may:
(1) sue and be sued to recover community property;
(2) sell, mortgage, lease, and otherwise dispose of community property to pay debts for which a portion of community property is liable for payment;
(3) collect claims due to the community estate; and
(4) exercise other powers as necessary to:
(A) preserve the community property;
(B) discharge obligations for which a portion of community property is liable for payment; and
(C) wind up community affairs.
(b) This section does not affect the disposition of the deceased spouse's property.

Legislative History

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 39, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 438 (H.B. 3421 ), Sec. 8, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 831 (S.B. 1448 ), Sec. 9, eff. September 1, 2025.