Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
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.Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 205,Sec. 39, eff. 9/1/2023.Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. 1/1/2014. See Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 205, Sec. 49.