Sec. 355.113. LIABILITY FOR NONPAYMENT OF CLAIM. (a) A person or claimant, except the state treasury, entitled to payment from an estate of money the court orders to be paid is authorized to have execution issued against the estate property for the amount due, with interest and costs, if:
(1) the personal representative fails to pay the money on demand;
(2) estate funds are available to make the payment; and
(3) the person or claimant makes an affidavit of the demand for payment and the representative's failure to pay.
(b) The court may cite the personal representative and the sureties on the representative's bond to show cause why the representative and sureties should not be held liable under Subsection (a) for the debt, interest, costs, and damages:
(1) on return of the execution not satisfied; or
(2) on the affidavit of demand and failure to pay under Subsection (a).
(c) On the return of citation served under Subsection (b), the court shall render judgment against the cited personal representative and sureties, in favor of the claim holder, if good cause why the representative and sureties should not be held liable is not shown. The judgment must be for:
(1) the amount previously ordered to be paid or established by suit that remains unpaid, together with interest and costs; and
(2) damages on the amount neglected to be paid at the rate of five percent per month for each month, or fraction of a month, that the payment was neglected to be paid after demand was made.
(d) Damages ordered under Subsection (c)(2) may be collected in any court of competent jurisdiction.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Last modified: September 28, 2016