Sec. 451.002. HEARING AND ORDER. (a) On the filing of an application under Section 451.001 , the court may hear the application: (1) promptly without notice; or (2) at a time and with notice as required by the court. (b) On the hearing of the application, if the court finds that the facts contained in the application are true and that the expenses of last illness, funeral charges, and expenses of the proceeding have been paid or secured, the court shall: (1) make a family allowance; and (2) if the entire assets of the estate, excluding homestead and exempt property, are exhausted by the family allowance made under Subdivision (1): (A) assign to the surviving spouse, minor children, and adult incapacitated children the entire estate in the same manner and with the same effect as provided in Subchapter C , Chapter 353 , for the making of a family allowance to the surviving spouse, minor children, and adult incapacitated children; and (B) order that there shall be no administration of the estate.
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