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: If the recipient of an advancement predeceases the decedent, the advancement is disregarded.

Key concept: Advancements affect only living heirs.