In re Estate of Hallmark, 629 S.W.3d 433 (Tex. App.—Eastland 2020, no pet.).

Estate Administration


The appellate court held that a county court at law sitting as a probate court lacks the authority to appoint a receiver for a Texas partnership. Instead, the receivership provisions in the Texas Business Organizations Code “provide the exclusive statutory basis for appointing a receiver for a Texas partnership.” Id. at 435. Accordingly, only a district court has the jurisdiction to appoint a receiver for liquidation or rehabilitating purposes.

 Moral:  A litigant seeking a receivership to liquidate or rehabilitate a partnership should proceed in the appropriate district court.