Texas Estates Code

Sec. § 453.003
General Powers of Surviving Spouse If No Administration Is Pending


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:


sue and be sued to recover community property;


sell, mortgage, lease, and otherwise dispose of community property to pay community debts;


collect claims due to the community estate; and


exercise other powers as necessary to:


preserve the community property;


discharge community obligations; and


wind up community affairs.


This section does not affect the disposition of the deceased spouse’s property.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Last accessed
Jun. 7, 2021