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Texas Probate Code - Section 317. Claims By Personal Representatives

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§ 317. CLAIMS BY PERSONAL REPRESENTATIVES.  (a) By 
Executors or Administrators.  The foregoing provisions of this Code 
relative to the presentation of claims against an estate shall not 
be construed to apply to any claim of a personal representative 
against the testator or intestate;  but a personal representative 
holding such claim shall file the same in the court granting the 
letters, verified by affidavit as required in other cases, within 
six months after the representative has qualified, or such claim 
shall be barred.
	(b)  Action on Such Claims.  When a claim by a personal 
representative has been filed with the court within the required 
time, such claim shall be entered upon the claim docket and acted 
upon by the court in the same manner as in other cases, and, when the 
claim has been acted upon by the court, an appeal from the judgment 
of the court may be taken as in other cases.
	(c)  Provisions Not Applicable to Certain Claims.  The 
foregoing provisions relative to the presentment of claims shall 
not be so construed as to apply to a claim:
	(1)  of any heir, devisee, or legatee who claims in such 
capacity;           
	(2)  that accrues against the estate after the granting of 
letters for which the representative of the estate has contracted;  
or
	(3)  for delinquent ad valorem taxes against a decedent's 
estate that is being administered in probate in:
	(A)  a county other than the county in which the taxes were 
imposed;  or     
	(B)  the same county in which the taxes were imposed, if the 
probate proceedings have been pending for more than four years.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 54, eff. Sept. 1, 1993;  Acts 
1995, 74th Leg., ch. 1054, § 19, eff. Jan. 1, 1996;  Acts 1999, 
76th Leg., ch. 1481, § 37, eff. Sept. 1, 1999.

Last modified: August 11, 2007