Tex. Est. Code Section 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 community 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 community 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.
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.

Source: Section 453.003 — General Powers of Surviving Spouse if No Administration Is Pending, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­453.­htm#453.­003 (accessed May 26, 2025).

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Verified:
May 26, 2025

§ 453.003. Gen. Powers of Surviving Spouse if No Admin. Is Pending's source at texas​.gov