CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY

PROBATE CODE

CHAPTER X. PAYMENT OF ESTATES INTO STATE TREASURY

Text of article effective until January 01, 2014

Sec. 427. WHEN ESTATES TO BE PAID INTO STATE TREASURY. If any

person entitled to a portion of an estate, except a resident

minor without a guardian, shall not demand his portion from the

executor or administrator within six months after an order of

court approving the report of commissioners of partition, or

within six months after the settlement of the final account of an

executor or administrator, as the case may be, the court by

written order shall require the executor or administrator to pay

so much of said portion as is in money to the comptroller; and

such portion as is in other property he shall order the executor

or administrator to sell on such terms as the court thinks best,

and, when the proceeds of such sale are collected, the court

shall order the same to be paid to the comptroller, in all such

cases allowing the executor or administrator reasonable

compensation for his services. A suit to recover proceeds of the

sale is governed by Section 433 of this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 15.01, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 428. INDISPENSABILITY OF COMPTROLLER AS PARTY. The

comptroller is an indispensable party to any judicial or

administrative proceeding concerning the disposition and handling

of any portion of an estate that is or may be payable to the

comptroller under Section 427 of this Code. Whenever an order

shall be made by the court for an executor or administrator to

pay any funds to the comptroller under Section 427 of this Code,

the clerk of the court in which such order is made shall serve on

the comptroller by personal service of citation a certified copy

of such order within five days after the same has been made.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 15.02, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 429. PENALTY FOR NEGLECT TO NOTIFY COMPTROLLER . Any clerk

who shall neglect to have served on the comptroller by personal

citation a certified copy of any such order within the time

prescribed by Section 428 of this Code shall be liable in a

penalty of One Hundred Dollars, to be recovered in an action in

the name of the state, after personal service of citation, on the

information of any citizen, one-half of which penalty shall be

paid to the informer and the other one-half to the state.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 153, Sec. 27, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 15.03, eff. Sept. 1, 1997.

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10

Text of section as amended by Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 11

Without reference to the amendment of this section, this section

was repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10(a), eff. January 1, 2014.

Sec. 430. RECEIPT OF COMPTROLLER. Whenever an executor or

administrator pays the comptroller any funds of the estate he

represents, under the preceding provisions of this Code, he shall

take from the comptroller a receipt for such payment, with

official seal attached, and shall file the same with the clerk of

the court ordering such payment; and such receipt shall be

recorded in the judge's probate docket.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1997, 75th Leg., ch. 1423, Sec. 15.04, eff. Sept. 1,

1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 11, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10(a), eff. January 1, 2014.

Text of article effective until January 01, 2014

Sec. 431. PENALTY FOR FAILURE TO MAKE PAYMENTS TO COMPTROLLER.

When an executor or administrator fails to pay to the comptroller

any funds of an estate which he has been ordered by the court so

to pay, within 30 days after such order has been made, such

executor or administrator shall, after personal service of

citation charging such failure and after proof thereof, be liable

to pay out of his own estate to the comptroller damages thereon

at the rate of five per cent per month for each month, or

fraction thereof, that he fails to make such payment after 30

days from such order, which damages may be recovered in any court

of competent jurisdiction.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 153, Sec. 28, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 15.05, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 432. COMPTROLLER MAY ENFORCE PAYMENT AND COLLECT DAMAGES.

The Comptroller shall have the right in the name of the state to

apply to the court in which the order for payment was made to

enforce the payment of funds which the executor or administrator

has failed to pay to him pursuant to order of court, together

with the payment of any damages that shall have accrued under the

provisions of the preceding section of this code, and the court

shall enforce such payment in like manner as other orders of

payment are required to be enforced. The comptroller shall also

have the right to institute suit in the name of the state against

such executor or administrator, and the sureties on his bond, for

the recovery of the funds so ordered to be paid and such damages

as have accrued. The county attorney or criminal district

attorney of the county, the district attorney of the district, or

the attorney general, at the election of the comptroller and with

the approval of the attorney general, shall represent the

comptroller in all such proceedings, and shall also represent the

interests of the state in all other matters arising under any

provisions of this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 153, Sec. 28, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 15.06, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 433. SUIT FOR THE RECOVERY OF FUNDS PAID TO THE COMPTROLLER.

(a) Mode of Recovery. When funds of an estate have been paid to

the comptroller, any heir, devisee, or legatee of the estate, or

their assigns, or any of them, may recover the portion of such

funds to which he, she, or they are entitled. The person claiming

such funds shall institute suit on or before the fourth

anniversary of the date of the order requiring payment to the

comptroller, by petition filed in the district court of Travis

County, against the comptroller, setting forth the plaintiff's

right to such funds, and the amount claimed by him.

(b) Citation. Upon the filing of such petition, the clerk shall

issue a citation for the comptroller, to be served by personal

service, to appear and represent the interest of the state in

such suit. As the comptroller elects and with the approval of the

attorney general, the attorney general, the county attorney or

criminal district attorney for the county, or the district

attorney for the district shall represent the comptroller.

(c) Procedure. The proceedings in such suit shall be governed by

the rules for other civil suits; and, should the plaintiff

establish his right to the funds claimed, he shall have a

judgment therefor, which shall specify the amount to which he is

entitled; and a certified copy of such judgment shall be

sufficient authority for the comptroller to pay the same.

(d) Costs. The costs of any such suit shall in all cases be

adjudged against the plaintiff, and he may be required to secure

the costs.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 153, Sec. 29, eff. Sept. 1, 1991;

Acts 1997, 75th Leg., ch. 1423, Sec. 15.07, eff. Sept. 1, 1997.