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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter VIII. PROCEEDINGS DURING ADMINISTRATION |
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Part 3. SETTING APART HOMESTEAD AND OTHER EXEMPT PROPERTY, AND FIXING THE FAMILY ALLOWANCE |
Sec. 271. EXEMPT PROPERTY TO BE SET APART
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(a) Unless an affidavit is filed under Subsection (b) of this section, immediately after the inventory, appraisement, and list of claims have been approved or after the affidavit in lieu of the inventory, appraisement, and list of claims has been filed, the court shall, by order, set apart:
(1) the homestead for the use and benefit of the surviving spouse and minor children; and
(2) all other property of the estate that is exempt from execution or forced sale by the constitution and laws of this state for the use and benefit of the surviving spouse, minor children, unmarried adult children remaining with the family of the deceased, and each other adult child who is incapacitated.
(b) Before the approval of the inventory, appraisement, and list of claims or, if applicable, before the filing of the affidavit in lieu of the inventory, appraisement, and list of claims:
(1) a surviving spouse or any person who is authorized to act on behalf of minor children of the deceased may apply to the court to have exempt property, including the homestead, set aside by filing an application and a verified affidavit listing all of the property that the applicant claims is exempt; and
(2) any unmarried adult child remaining with the family of the deceased, any other adult child who is incapacitated, or a person who is authorized to act on behalf of the adult incapacitated child may apply to the court to have all exempt property other than the homestead set aside by filing an application and a verified affidavit listing all of the other property that the applicant claims is exempt.
(c) An applicant under Subsection (b) of this section bears the burden of proof by a preponderance of the evidence at any hearing on the application. The court shall set aside property of the decedent's estate that the court finds is exempt.