Texas Estates Code
Sec. § 201.151
Determination of Advancement; Date of Valuation


(a)

If a decedent dies intestate as to all or part of the decedents estate, property that the decedent gave during the decedents lifetime to a person who, on the date of the decedents death, is the decedents heir, or property received by the decedents heir under a nontestamentary transfer under Subchapter B, Chapter 111, or Chapter 112 or 113, is an advancement against the heirs intestate share of the estate only if:

(1)

the decedent declared in a contemporaneous writing, or the heir acknowledged in writing, that the gift or nontestamentary transfer is an advancement; or

(2)

the decedents contemporaneous writing or the heirs written acknowledgment otherwise indicates that the gift or nontestamentary transfer is to be considered in computing the division and distribution of the decedents intestate estate.

(b)

For purposes of Subsection (a), property that is advanced is valued as of the earlier of:

(1)

the time that the heir came into possession or enjoyment of the property; or

(2)

the time of the decedents death.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
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Last accessed
Nov. 18, 2019