How does community property law shape a Texas business valuation in divorce?
Texas divides the community estate in a just and right manner, not an automatic 50/50 split, and courts generally value the business as of the time of trial unless circumstances justify another date. Characterization matters too: an interest acquired during marriage is presumptively community property, so the valuation and the classification analysis travel together.
Is there a Texas estate tax that requires a business appraisal?
No. Texas repealed its estate tax regime and imposes no inheritance tax, so estate tax exposure is federal only. A valuation is still needed when a business interest passes at death: the Texas probate inventory reports fair market value as of the date of death and must classify the interest as separate or community property.
Do all three valuation approaches appear in every business appraisal?
All three must be considered, but not necessarily applied. IRS guidelines and professional standards direct appraisers to weigh the income, market, and asset-based approaches, use those that best fit the company, and document why any approach was set aside. Reports that skip that reconciliation are a common deficiency flagged in reviews.
Can a Texas probate court appoint appraisers for a closely held business?
Yes. Under Texas Estates Code Chapter 309, the court may for good cause appoint one to three disinterested county residents to appraise estate property, including business interests, with compensation paid from the estate. The statutory minimum fee is just $5 per day of service, a relic that explains why most estates instead engage a qualified independent business appraiser and file that appraisement with the inventory.