July 16, 2018

Filing Inventory in Texas Probate

Probate Law Blog

Houston Probate Attorney

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Filing Inventory in Texas

Within 90 days after qualification, the personal representative must file with the Court a sworn inventory, appraisement and list of claims (“Inventory”) of the estate.  The Inventory must include all estate real property located in Texas and all estate personal property regardless of where the property is located. And it must specify which portion of the property, if any, is separate property and which, if any, is community property. Tex. Estates Code 309.051.

The Inventory must include an appraisement of the fair market value of each item on the date of the decedent’s death. The personal representative must attach an affidavit that the Inventory are a true and complete statement of the property and claims of the estate of which the representative has knowledge. Tex. Estates Code Sec 309.051

On the filing of the Inventory with the court clerk, the judge will examine and approve or disapprove them. If the judge does not approve them, the judge shall enter an order to that effect requiring the filing of an amended Inventory within a period specified in the order not to exceed 20 days after the date the order is entered. Tex. Estates Code Sec 309.054

Failure to file the Inventory timely are grounds for the removal of a personal representative in addition to a fine of up to $1,000. Tex. Estates Code Sec 309.057.

For decedents dying after September 1, 2011, if there are no unpaid debts, except for secured debts, taxes and administration expenses, at the time the Inventory is due, including extensions, an independent executor may file, in lieu of the Inventory, within 90 days of qualification, unless extended, an Affidavit stating that all debts, except for secured debts, taxes, and administration expenses, are paid and that all beneficiaries have received a verified, full and detailed inventory. Tex. Estates Code Sec 309.056

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