Tex. Est. Code Section 453.004
Collection of Unpaid Wages if No Administration Is Pending

(a)

If a person who owes money to the community estate for current wages at the time of a deceased spouse’s death is provided an affidavit stating that the affiant is the surviving spouse and that no one has qualified as executor or administrator of the deceased spouse’s estate, the person who pays or delivers to the affiant the deceased spouse’s final paycheck for the wages, including any unpaid sick pay or vacation pay, is released from liability to the same extent as if the payment or delivery is made to the deceased spouse’s personal representative. The person is not required to inquire into the truth of the affidavit.

(b)

An affiant to whom the payment or delivery is made under Subsection (a) is answerable to a person having a prior right and is accountable to a personal representative who is appointed. The affiant is liable for any damage or loss to a person that arises from a payment or delivery made in reliance on the affidavit.

(c)

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.

Source: Section 453.004 — Collection of Unpaid Wages if No Administration Is Pending, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­453.­htm#453.­004 (accessed Apr. 20, 2024).

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Accessed:
Apr. 20, 2024

§ 453.004’s source at texas​.gov