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§ 64.106.Closing Receivership

Title 3. Extraordinary Remedies · Chapter 64. Receivership · Subchapter G. Receiver for Certain Missing Persons · Last amended 1999 · Last verified August 29, 2026

In one sentenceSection 64.106 requires the receiver to report and file a full and final sworn account when the danger has abated or the receivership term ends, whichever comes first.

Full Text of § 64.106

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When the threatened danger has abated and the estate of a missing person for whom a receiver was appointed under Section 64.001(d) is no longer liable to injury, loss, or waste for the lack of a representative or when the receivership terminates under Section 64.102(e), whichever occurs earlier, the receiver shall:
(1)report to the court; and
(2)file with the clerk a full and final sworn account of:
(A)all property received by the receiver;
(B)all sums paid out;
(C)all acts performed by the receiver with respect to the property; and
(D)all property remaining in the receiver's control.
End

Plain-English Summary

The closing obligation, and its trigger is whichever of two events happens first.

The receiver must report and account when the threatened danger has abated and the estate is no longer liable to injury, loss, or waste for the lack of a representative, or when the receivership terminates under the six-month limit — whichever occurs earlier.

The first trigger is substantive. The receivership existed to answer a danger, and when the danger is gone so is the justification.

The second is temporal. Six months, or twelve with an extension, and the receivership ends whether or not the danger has passed.

"Whichever occurs earlier" prevents a receivership continuing on either ground alone. A resolved danger closes it early; an unresolved one does not extend it.

Four things must be accounted for, in a full and final sworn account filed with the clerk: all property received, all sums paid out, all acts performed with respect to the property, and all property remaining in the receiver’s control.

The first and last bracket the whole administration. What came in, and what is left — measured against the inventory the general provisions require at the start.

"All acts performed" repeats the periodic reports’ requirement, so the final account is a complete record rather than a closing balance.

The account is filed with the clerk as well as reported to the court, which puts it in the record where a returning missing person, or their representative, can find it.

The following section governs what the court does with it — approval and discharge, or continuation where the court is not satisfied.

Frequently Asked Questions

When does a missing person receivership end?

When the threatened danger has abated, or when the six-month term expires — whichever occurs earlier.

What must the receiver file?

A full and final sworn account of all property received, all sums paid out, all acts performed, and all property remaining.

Where is it filed?

With the court clerk, as well as reported to the court.

Amendment History

  • Added by Acts 1999, 76th Leg., ch. 1081, Sec. 5, eff. Sept. 1, 1999.
Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source