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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 353.102: AMOUNT AND METHOD OF PAYMENT OF FAMILY ALLOWANCE.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
  3. SUBTITLE H. CONTINUATION OF ADMINISTRATION
  4. CHAPTER 353. EXEMPT PROPERTY AND FAMILY ALLOWANCE
  5. SUBCHAPTER C. FAMILY ALLOWANCE

(a) The amount of the family allowance must be sufficient for the maintenance of the decedent's surviving spouse, minor children, and adult incapacitated children for one year from the date of the decedent's death.

(b) The allowance must be fixed with regard to the facts or circumstances then existing and the facts and circumstances anticipated to exist during the first year after the decedent's death.

(c) The allowance may be paid in a lump sum or in installments, as ordered by the court.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 810 (H.B. 2492), Sec. 2.08, eff. January 1, 2014.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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