Year’s Allowance in a Texas Estate: Do You Need to List Personal Property?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For advice specific to your situation, consult a qualified Texas probate attorney.

Detailed Answer

Under Texas law, a surviving spouse or minor children may claim a year’s allowance—an amount set by statute—to help maintain household expenses during estate administration. Whether you must list personal property depends on how you elect to receive your allowance:

1. Cash Allowance Election

If you choose to receive the year’s allowance as a cash payment (rather than selecting items of personal property), you do not need to file an itemized list of personal property in your application. The administrator or executor will pay you the statutory sum (currently up to $45,000, per Tex. Est. Code § 352.003) from estate assets.

2. In-kind Exempt Property Election

If you elect to take personal property in kind rather than cash, you must provide the court with a sworn, itemized list of the specific items you claim under the year’s allowance. Texas Estates Code § 352.106(d) states that your application must include:

• A detailed list of personal property items you elect up to the statutory allowance;
• Your sworn statement of their fair market value;
• Verification by the executor that the listed items are part of the estate inventory.

Link to statute: Tex. Est. Code Ch. 352.

Related Inventory Requirement

Regardless of which allowance election you choose, the executor must file a complete inventory of the estate’s assets—real and personal—within 90 days of qualification. This inventory ensures accurate estate administration and protects creditors and heirs. See Tex. Est. Code § 3101.003.

Key Steps for Claiming a Year’s Allowance

1. Decide between cash allowance or in-kind exempt property.
2. Prepare your application per Tex. Est. Code § 352.106.
3. If electing in-kind property, list each item and its value.
4. Confirm the executor has filed the estate inventory (Tex. Est. Code § 3101.003).
5. Submit your application to the probate court within the statutory deadline.

Helpful Hints

• Review the current allowance amount under Tex. Est. Code § 352.003 before applying.
• Obtain fair market valuations for items you list to avoid disputes.
• Keep copies of all filings and sworn statements for your records.
• Work closely with the executor to confirm which assets remain in the estate.
• Consult an attorney if you have questions about voting for cash vs. in-kind property.