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Texas Probate Code - Section 326. Owner May Obtain Order For Payment

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 326. Owner May Obtain Order For Payment

§ 326. OWNER MAY OBTAIN ORDER FOR PAYMENT.  Any creditor 
of an estate of a decedent whose claim, or part thereof, has been 
approved by the court or established by suit, may, at any time after 
twelve months from the granting of letters testamentary, upon 
written application and proof showing that the estate has on hand 
sufficient available funds, obtain an order directing that payment 
be made;  or, if there are no available funds, and if to await the 
receipt of funds from other sources would unreasonably delay 
payment, the court shall then order sale of property of the estate 
sufficient to pay the claim;  provided, the representative of the 
estate shall have first been cited on such written complaint to 
appear and show cause why such order should not be made.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.                       

Last modified: August 11, 2007