This section lets a public probate administrator handle a small estate without letters testamentary or administration if the court approves a statement of administration and the estate’s gross assets are within the stated limit.
Sec. 455.008. SMALL ESTATES. (a) If gross assets of an estate do not exceed 20 percent of the maximum amount authorized for a small estate affidavit under Section 205.001, the public probate administrator may act without issuance of letters testamentary or of administration if the court approves a statement of administration stating: (1) the name and domicile of the decedent; (2) the date and place of death of the decedent; and (3) the name, address, and relationship of each known heir or devisee of the decedent. (b) On approval of the statement of administration, the public probate administrator may: (1) take possession of, collect, manage, and secure the personal property of the decedent; (2) sell the decedent's personal property at private or public sale or auction, without a court order; (3) distribute personal property to the estate's personal representative if one is appointed after the statement of administration is filed; (4) distribute personal property to a distributee of the decedent who presents an affidavit complying with Chapter 205; (5) sell or abandon perishable property of the decedent if necessary to preserve the estate; (6) make necessary funeral arrangements for the decedent and pay reasonable funeral charges with estate assets; (7) distribute to a minor heir or devisee for whom a guardian has not been appointed the share of an intestate estate or a devise to which the heir or devisee is entitled; and (8) distribute allowances and exempt property as provided by this title. (c) On the distribution of property and internment of the decedent under this section, the public probate administrator shall file with the clerk an affidavit, to be approved by the court, detailing: (1) the property collected; (2) the property's distribution; (3) the cost of internment; and (4) the place of internment. Added by Acts 2013, 83rd Leg., R.S., Ch. 671 (H.B. 1755), Sec. 2, eff. January 1, 2014. Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 42, eff. September 1, 2019.