Tex. Est. Code § 355.109

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 355.109 - Abatement of Bequests
(a) Except as provided by Subsections (b), (c), and (d), a decedent's property is liable for debts and expenses of administration other than estate taxes, and bequests abate in the following order:
(1) property not disposed of by will, but passing by intestacy;
(2) personal property of the residuary estate;
(3) real property of the residuary estate;
(4) general bequests of personal property;
(5) general devises of real property;
(6) specific bequests of personal property; and
(7) specific devises of real property.
(b) This section does not affect the requirements for payment of a claim of a secured creditor who elects to have the claim continued as a preferred debt and lien against specific property under Subchapter D.
(c) A decedent's intent expressed in a will controls over the abatement of bequests provided by this section.
(d) This section does not apply to the payment of estate taxes under Subchapter A, Chapter 124.

Tex. Estates § 355.109

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. 1/1/2014.