Texas Estates Code Sec. 201.152: Survival of Recipient Required

This section provides that an advancement is considered only if the recipient survives the decedent.

The Statutory Rule

Sec. 201.152. SURVIVAL OF RECIPIENT REQUIRED.

If the recipient of property described by Section 201.151 does not survive the decedent, the property is not considered in computing the division and distribution of the decedent's intestate estate unless the decedent's contemporaneous writing provides otherwise.

Explanation

What it does: Section 201.152 is a gating rule. If the recipient of property described by Section 201.151 does not survive the decedent, the transfer is not considered in computing the division and distribution of the intestate estate.

What it prevents: Without this section, a model might incorrectly reduce the share passing to the recipient’s descendants by representation based on a lifetime transfer the descendants may never have received.

The only exception: The transfer is considered only if the decedent’s contemporaneous writing expressly provides otherwise—i.e., it clearly states that the transfer must be brought into hotchpot even if the recipient predeceases the decedent.

Practical consequence: If the recipient predeceases the decedent and there is no express override in writing, ignore the transfer and distribute the probate estate as if the transfer had never occurred.

Example (survival gate)

Decedent makes a documented advancement to Child A. Child A predeceases Decedent leaving two children.

• Under Section 201.152, the advancement is not considered unless the writing expressly says it should be counted even if Child A predeceases Decedent.
• The two grandchildren take Child A’s share by representation without reduction based on the advancement.