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Texas Probate Code - Section 328. Liability For Nonpayment Of Claims

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 328. Liability For Nonpayment Of Claims

§ 328. LIABILITY FOR NONPAYMENT OF CLAIMS.  (a) Procedure 
to Force Payment. If any representative of an estate shall fail to 
pay on demand any money ordered by the court to be paid to any 
person, except to the State Treasury, when there are funds of the 
estate available, the person or claimant entitled to such payment, 
upon affidavit of the demand and failure to pay, shall be authorized 
to have execution issued against the property of the estate for the 
amount due, with interest and costs;  or
	(b)  Penalty Against Representative.  Upon return of the 
execution not satisfied, or merely upon the affidavit of demand and 
failure to pay, the court may cite the representative and the 
sureties on the representative's bond to show cause why they should 
not be held liable for such debt, interest, costs, and damages.  
Upon return of citation duly served, if good cause to the contrary 
be not shown, the court shall render judgment against the 
representative and sureties so cited, in favor of the holder of such 
claim, for the amount theretofore ordered to be paid or established 
by suit, and remaining unpaid, together with interest and costs, 
and also for damages upon the amount neglected to be paid, at the 
rate of five per cent per month for each month, or fraction thereof, 
that the payment was neglected to be paid after demand made 
therefor, which damages may be collected in any court of competent 
jurisdiction.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1995, 74th Leg., ch. 1054, § 27, eff. Jan. 1, 1996.

Last modified: August 11, 2007