Texas Estates Code Title 2, Chapter 355 - Presentment And Payment Of Claims

SUBCHAPTER A PRESENTMENT OF CLAIMS AGAINST ESTATES IN GENERAL

• Texas Section 355.001 - Presentment Of Claim To Personal Representative
  A claim may be presented to a personal representative of an estate at any time before the estate is closed if suit on the claim...
• Texas Section 355.002 - Presentment Of Claim To Clerk
  (a) A claim may also be presented by depositing the claim with the clerk with vouchers and the necessary exhibits and affidavit attached to the...
• Texas Section 355.003 - Inclusion Of Attorney's Fees In Claim
  If the instrument evidencing or supporting a claim provides for attorney's fees, the claimant may include as a part of the claim the portion of...
• Texas Section 355.004 - Affidavit Authenticating Claim For Money In General
  (a) Except as provided by Section 355.005, a claim for money against an estate must be supported by an affidavit that states: (1) that the...
• Texas Section 355.005 - Affidavit Authenticating Claim Of Corporation Or Other Entity
  (a) An authorized officer or representative of a corporation or other entity shall make the affidavit required to authenticate a claim of the corporation or...
• Texas Section 355.006 - Lost Or Destroyed Evidence Concerning Claim
  If evidence of a claim is lost or destroyed, the claimant or an authorized representative or agent of the claimant may make an affidavit to...
• Texas Section 355.007 - Waiver Of Certain Defects Of Form Or Claims Of Insufficiency
  A defect of form or a claim of insufficiency of a presented exhibit or voucher is considered waived by the personal representative unless a written...

SUBCHAPTER B ACTION ON CLAIMS

• Texas Section 355.008 - Effect On Statutes Of Limitation Of Presentment Of Or Suit On Claim
  The general statutes of limitation are tolled on the date: (1) a claim for money is filed or deposited with the clerk; or (2) suit...
• Texas Section 355.051 - Allowance Or Rejection Of Claim
  A personal representative of an estate shall, not later than the 30th day after the date an authenticated claim against the estate is presented to...
• Texas Section 355.052 - Failure To Timely Allow Or Reject Claim
  The failure of a personal representative to timely allow or reject a claim under Section 355.051 constitutes a rejection of the claim. If the claim...
• Texas Section 355.053 - Claim Entered On Claim Docket
  After a claim against an estate has been presented to the personal representative and allowed or rejected, wholly or partly, by the representative, the claim...
• Texas Section 355.054 - Contest Of Claim
  (a) A person interested in an estate may, at any time before the court has acted on a claim, appear and object in writing to...
• Texas Section 355.055 - Court's Action On Claim
  The court shall: (1) act on each claim that has been allowed and entered on the claim docket for a period of 10 days either...
• Texas Section 355.056 - Hearing On Certain Claims
  (a) If a claim is properly authenticated and allowed but the court is not satisfied that the claim is just, the court shall: (1) examine...
• Texas Section 355.057 - Court Order Regarding Action On Claim
  (a) The court acting on a claim shall state the exact action taken on the claim, whether the claim is approved or disapproved, or approved...
• Texas Section 355.058 - Appeal Of Court's Action On Claim
  A claimant or any person interested in an estate who is dissatisfied with the court's action on a claim may appeal the action to the...
• Texas Section 355.059 - Allowance And Approval Prohibited Without Affidavit
  A personal representative of an estate may not allow, and the court may not approve, a claim for money against the estate unless the claim...
• Texas Section 355.060 - Unsecured Claims Barred Under Certain Circumstances
  If a personal representative gives a notice permitted by Section 308.054 to an unsecured creditor for money and the creditor's claim is not presented before...
• Texas Section 355.061 - Allowing Barred Claim Prohibited: Court Disapproval
  (a) A personal representative may not allow a claim for money against a decedent or the decedent's estate if a suit on the claim is...
• Texas Section 355.062 - Certain Actions On Claims With Lost Or Destroyed Evidence Void
  (a) Before a claim the evidence for which is lost or destroyed is approved, the claim must be proved by disinterested testimony taken in open...
• Texas Section 355.063 - Claims Not Allowed After Order For Partition And Distribution
  After an order for final partition and distribution of an estate has been made: (1) a claim for money against the estate may not be...
• Texas Section 355.064 - Suit On Rejected Claim
  (a) A claim or part of a claim that has been rejected by the personal representative is barred unless not later than the 90th day...
• Texas Section 355.065 - Presentment Of Claim Prerequisite For Judgment
  A judgment may not be rendered in favor of a claimant on a claim for money that has not been: (1) legally presented to the...

SUBCHAPTER C PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES

• Texas Section 355.066 - Judgment In Suit On Rejected Claim
  No execution may issue on a rejected claim or part of a claim that is established by suit. The judgment in the suit shall be:...
• Texas Section 355.101 - Approval Or Establishment Of Claim Required For Payment
  A claim or any part of a claim for money against an estate may not be paid until the claim or part of the claim...
• Texas Section 355.102 - Claims Classification; Priority Of Payment
  (a) Claims against an estate shall be classified and have priority of payment as provided by this section. (b) Class 1 claims are composed of...
• Texas Section 355.103 - Priority Of Certain Payments
  When a personal representative has estate funds in the representative's possession, the representative shall pay in the following order: (1) funeral expenses and expenses of...
• Texas Section 355.104 - Payment Of Proceeds From Sale Of Property Securing Debt
  (a) If a personal representative has the proceeds of a sale made to satisfy a mortgage, lien, or security interest, and the proceeds or any...
• Texas Section 355.105 - Claimant's Petition For Allowance And Payment Of Claim
  A claimant whose claim has not been paid may: (1) petition the court for determination of the claim at any time before the claim is...
• Texas Section 355.106 - Order For Payment Of Claim Obtained By Personal Representative
  After the sixth month after the date letters testamentary or of administration are granted, the court may order a personal representative to pay any claim...
• Texas Section 355.107 - Order For Payment Of Claim Obtained By Creditor
  (a) At any time after the first anniversary of the date letters testamentary are granted for an estate, a creditor of the estate whose claim...
• Texas Section 355.108 - Payment When Assets Insufficient To Pay Claims Of Same Class
  (a) If there are insufficient assets to pay all claims of the same class, other than secured claims for money, the claims in that class...
• Texas Section 355.109 - Abatement Of Bequests
  (a) Except as provided by Subsections (b), (c), and (d), a decedent's property is liable for debts and expenses of administration other than estate taxes,...
• Texas Section 355.110 - Allocation Of Funeral Expenses
  A personal representative paying a claim for funeral expenses and for items incident to the funeral, such as a tombstone, grave marker, crypt, or burial...
• Texas Section 355.111 - Payment Of Court Costs Relating To Claim
  All costs incurred in the probate court with respect to a claim shall be taxed as follows: (1) if the claim is allowed and approved,...
• Texas Section 355.112 - Joint Obligation For Payment Of Certain Debts
  On the death of a person jointly bound with one or more other persons for the payment of a debt or for any other purpose,...

SUBCHAPTER D PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY

• Texas Section 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...
• Texas Section 355.151 - Option To Treat Claim As Matured Secured Claim Or Preferred Debt And Lien
  (a) If a secured claim for money against an estate is presented, the claimant shall specify in the claim, in addition to all other matters...
• Texas Section 355.152 - Period For Specifying Treatment Of Secured Claim
  (a) A secured creditor may present the creditor's claim for money and shall specify within the later of six months after the date letters testamentary...
• Texas Section 355.153 - Payment Of Matured Secured Claim
  (a) A claim allowed and approved as a matured secured claim under Section 355.151(a)(1) shall be paid in due course of administration, and the secured...
• Texas Section 355.154 - Preferred Debt And Lien
  When a claim for a debt is allowed and approved under Section 355.151(a)(2): (1) a further claim for the debt may not be made against...
• Texas Section 355.155 - Payment Of Maturities On Preferred Debt And Lien
  (a) If property securing a debt for which a claim is allowed, approved, and fixed under Section 355.151(a)(2) is not sold or distributed within six...
• Texas Section 355.1551 - Claim Holder Duty To Possess Or Sell Within Reasonable Time
  (a) A claim holder of a claim allowed and approved under Section 355.151(a)(2) who elects to take possession or sell the property securing the debt...
• Texas Section 355.156 - Affidavit Required For Foreclosure
  An application by a claim holder under Section 355.155(b)(3) to foreclose the claim holder's mortgage, lien, or security interest on property securing a claim allowed,...
• Texas Section 355.157 - Citation On Application
  (a) The clerk shall issue citation on the filing of an application by: (1) personal service to: (A) the personal representative; and (B) any person...
• Texas Section 355.158 - Hearing On Application
  (a) The clerk shall immediately notify the judge when an application is filed. The judge shall schedule in writing a date for a hearing on...
• Texas Section 355.159 - Manner Of Foreclosure; Minimum Price
  (a) When the court grants a claim holder the right of foreclosure at a hearing under Section 355.158, the court shall authorize the claim holder...

SUBCHAPTER E CLAIMS INVOLVING PERSONAL REPRESENTATIVES

• Texas Section 355.160 - Unsuccessful Foreclosure; Subsequent Application
  If property that is the subject of a foreclosure sale authorized and conducted under this subchapter is not sold because no bid at the sale...
• Texas Section 355.201 - Claim By Personal Representative
  (a) The provisions of this chapter regarding the presentment of claims against a decedent's estate may not be construed to apply to any claim of...
• Texas Section 355.202 - Claims Against Personal Representatives
  (a) The naming of an executor in a will does not extinguish a just claim that the decedent had against the person named as executor....
• Texas Section 355.203 - Purchase Of Claim By Personal Representative Prohibited
  (a) It is unlawful, and cause for removal, for a personal representative, whether acting under appointment by will or court orders, to purchase a claim...

Last modified: September 28, 2016