§ 64.107.Action of Court

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 64.107 has the court order delivery of the property against a receipt and discharge the receiver where satisfied, or continue the receivership where not.

Full Text of § 64.107

Text sizeJump to: (a) (b) (c)

(a)If, on hearing the report and account required under Section 64.106, the court is satisfied that the danger of injury, loss, or waste has abated and that the report and account are correct, the court shall render an order finding that the danger has abated and that the report and account are correct and shall direct the receiver to deliver the property to the person from whom the receiver took possession as receiver, to the missing person, or to another person the court finds to be entitled to possession of the estate. The person to whom the property is delivered shall execute and file with the clerk an appropriate receipt for the property delivered.

(b)The order of the court shall discharge the receiver and the receiver's sureties.

(c)If the court is not satisfied that the danger has abated, or is not satisfied with the report and account, the court shall render an order continuing the receivership in effect until the court is satisfied that the danger has abated and that the report and account are correct, subject to the limitation prescribed by Section 64.102(e) for the extension of a receivership.

End

Plain-English Summary

The closing order, and it addresses both possible outcomes.

Where the court is satisfied that the danger of injury, loss, or waste has abated and that the report and account are correct, it shall render an order so finding and direct the receiver to deliver the property.

Three possible recipients are named: the person from whom the receiver took possession, the missing person, or another person the court finds entitled to possession of the estate.

The second is the outcome the subchapter hopes for. A missing person who has returned takes their property back directly.

The third gives the court room where circumstances have changed — a guardian has been appointed, an estate opened, or the property should go to someone other than whoever held it before.

The recipient must execute and file with the clerk an appropriate receipt for the property delivered.

The receipt closes the record. It shows what was handed over and to whom, which is what a returning missing person will look for.

The order discharges the receiver and the receiver’s sureties, releasing the bond.

Subsection (c) covers dissatisfaction. Where the court is not satisfied that the danger has abated, or not satisfied with the report and account, it shall render an order continuing the receivership until it is — subject to the six-month extension limit.

That last qualification matters. Continuation cannot outrun the term limit, so a receiver whose account is not accepted does not gain time by it.

Frequently Asked Questions

How does a missing person receivership close?

The court finds the danger abated and the account correct, directs delivery of the property, and discharges the receiver and sureties.

Who receives the property?

The person it was taken from, the missing person, or another person the court finds entitled to possession — against a filed receipt.

What if the court is not satisfied?

It continues the receivership until it is, subject to the six-month extension limit.

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