1. The Statutory Inventory Obligation (§ 309.051)
Within 90 days of qualification, an independent executor or personal representative in Texas must file a verified Inventory, Appraisement, and List of Claims under Texas Estates Code § 309.051 (or an Affidavit in Lieu of Inventory under § 309.056 if applicable).
2. Mandatory Segregation of Separate vs. Community Property
Texas Estates Code § 309.051(b)(1) explicitly commands that the inventory must specify:
- Which portions of the decedent's estate are Separate Property; and
- Which portions of the decedent's estate are Community Property.
This characterization dictates the entire estate administration. Under Texas law, only the decedent's 1/2 share of community property and 100% of decedent's separate property are subject to testamentary disposition.
3. The Fiduciary's Conflict of Interest
When a surviving spouse serves as executor, characterizing an asset as separate property of the surviving spouse removes it entirely from the decedent's probate estate—directly diminishing the inheritances of other beneficiaries. Consequently, beneficiaries frequently file Objections to Inventory under Texas Estates Code § 309.101.
4. Resolving Inventory Characterization Disputes
When an inventory is contested, the statutory probate court conducts an evidentiary hearing where the personal representative must produce tracing evidence to sustain separate property classifications under § 3.003.