This section says how proof of securities or other assets must be made, including acceptable certificates, letters, or affidavits, and allows the personal representative to show the securities to the judge instead.
Sec. 359.004. METHOD OF PROOF FOR SECURITIES AND OTHER ASSETS. (a) The proof required by Section 359.003(a)(3) must be by: (1) an official letter from the bank or other depository where the securities or other assets are held for safekeeping, and if the depository is the personal representative, the official letter must be signed by a representative of the depository other than the one verifying the account; (2) a certificate of an authorized representative of a corporation that is surety on the personal representative's bonds; (3) a certificate of the clerk or a deputy clerk of a court of record in this state; or (4) an affidavit of any other reputable person designated by the court on request of the personal representative or other interested party. (b) The certificate or affidavit described by Subsection (a) must: (1) state that the affiant has examined the assets that the personal representative exhibited to the affiant as assets of the estate; (2) describe the assets by reference to the account or in another manner that sufficiently identifies the assets exhibited; and (3) state the time and the place the assets were exhibited. (c) Instead of attaching a certificate or an affidavit, the personal representative may exhibit the securities to the judge, who shall endorse on the account, or include in the judge's order with respect to the account, a statement that the securities shown in the account as on hand were exhibited to the judge and that the securities were the same as those shown in the account, or note any variance. (d) If the securities are exhibited at a location other than where the securities are deposited for safekeeping, that exhibit is at the personal representative's own expense and risk. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.