Estate of Price, 528 S.W.3d 591 (Tex. App.—Texarkana 2017, no pet.).

Estate Administration

Receiver Appointment


After the death of the famous country music legend Ray Price, his wife and son filed competing motions to probate wills and to contest each other’s proposed will. The court appointed a receiver to take possession of the property subject to the will contests. Wife asserted that the court abused its discretion in so doing and appealed.


The appellate court affirmed finding that the decision to appoint a receiver was not an abuse of discretion. The court began its analysis with Tex. Civ. Prac. & Rem. Code § 64.001 which allows a court to appoint a receiver in an action between two parties who are jointly interested in the same property. Although it is true that the appointment of a receiver is a harsh, drastic, and extraordinary remedy, the trial court did not abuse its discretion in appointing a receiver in this case. There was sufficient evidence that the son had an interest in the property and that it was in danger of being lost, removed, or materially injured.


Moral:  In proper cases, the appointment of a receiver during a will contest is a prudent move to preserve the status quo of the testator’s property until the merits of the case are resolved.