Texas Estates Code Title 3, Chapter 1157 - Presentment And Payment Of Claims

SUBCHAPTER A PRESENTMENT OF CLAIMS AGAINST

• Texas Section 1157.001 - Presentment Of Claim To Guardian Of The Estate
  A claim may be presented to the guardian of the estate at any time if: (1) the estate has not been closed; and (2) suit...
• Texas Section 1157.002 - 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 1157.003 - 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 1157.004 - Affidavit Authenticating Claim For Money In General
  (a) Except as provided by Sections 1157.005 and 1157.102, a claim for money against an estate must be supported by an affidavit that states: (1)...
• Texas Section 1157.005 - Affidavit Authenticating Claim Of Corporation Or By Certain Other Representatives
  (a) The cashier, treasurer, or managing official of a corporation shall make the affidavit required to authenticate a claim of the corporation. (b) In an...
• Texas Section 1157.006 - Lost Or Destroyed Evidence Concerning Claim
  If evidence of a claim is lost or destroyed, the claimant or the claimant's representative may make an affidavit to the fact of the loss...
• Texas Section 1157.007 - 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 guardian of the estate unless...

SUBCHAPTER B ACTION ON CLAIMS

• Texas Section 1157.008 - Effect On Statutes Of Limitation Of Filing Of Or Suit On Claim
  The general statutes of limitation are tolled by: (1) filing a claim that is legally allowed and approved; or (2) bringing a suit on a...
• Texas Section 1157.051 - Allowance Or Rejection Of Claim
  A guardian of the estate shall, not later than the 30th day after the date an authenticated claim against the guardianship estate is presented to...
• Texas Section 1157.052 - Failure To Endorse Or Attach Memorandum Or Allow Or Reject Claim
  The failure of a guardian of the estate to endorse on or attach to a claim presented to the guardian the memorandum required by Section...
• Texas Section 1157.053 - Claim Entered On Claim Docket
  After a claim against a ward's estate has been presented to and allowed by the guardian of the estate, wholly or partly, the claim must...
• Texas Section 1157.054 - Contest Of Claim
  (a) A person interested in a ward may, at any time before the court has acted on a claim, appear and object in writing to...
• Texas Section 1157.055 - Court's Action On Claim
  The court shall: (1) approve, wholly or partly, or reject a claim that has been allowed and entered on the claim docket for a period...
• Texas Section 1157.056 - 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 1157.057 - Court Order Regarding Action On Claim
  (a) The court acting on a claim shall endorse on or attach to the claim a written memorandum that: (1) is dated and officially signed;...
• Texas Section 1157.058 - Appeal Of Court's Action On Claim
  If a claimant or any person interested in a ward is dissatisfied with the court's action on a claim, the claimant or interested person may...
• Texas Section 1157.059 - Allowance And Approval Prohibited Without Affidavit
  Except as provided by Section 1157.102, a guardian of the estate may not allow, and the court may not approve, a claim for money against...
• Texas Section 1157.060 - Unsecured Claims Barred Under Certain Circumstances
  A claim of an unsecured creditor for money that is not presented within the time prescribed by the notice of presentment permitted by Section 1153.004...
• Texas Section 1157.061 - Allowing Barred Claim Prohibited; Court Disapproval
  A guardian of the estate may not allow a claim against a ward if a suit on the claim is barred by an applicable general...
• Texas Section 1157.062 - 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 1157.063 - Suit On Rejected Claim
  (a) A claim or part of a claim that has been rejected by the guardian of the estate is barred unless not later than the...
• Texas Section 1157.064 - Presentment Of Claim Prerequisite For Judgment
  (a) Except as provided by Subsection (b), a judgment may not be rendered in favor of a claimant on a claim for money that has...

SUBCHAPTER C PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES

• Texas Section 1157.065 - 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 1157.101 - Payment Of Approved Or Established Claim
  Except as provided for payment of an unauthenticated claim at the risk of a guardian, a claim or any part of a claim for money...
• Texas Section 1157.102 - Payment Of Unauthenticated Claim
  (a) Subject to Subsection (b), a guardian of the estate may pay an unauthenticated claim against the ward's estate if the guardian believes the claim...
• Texas Section 1157.103 - Priority Of Payment Of Claims
  (a) Except as provided by Subsection (b), the guardian of the estate shall pay a claim against the ward's estate that has been allowed and...
• Texas Section 1157.104 - Payment Of Proceeds From Sale Of Property Securing Debt
  (a) If a guardian of the estate has on hand the proceeds of a sale made to satisfy a mortgage or other lien and the...
• Texas Section 1157.105 - 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 1157.106 - Payment When Assets Insufficient To Pay Certain Claims
  (a) If there are insufficient assets to pay all claims of the same class, the claims in that class shall be paid pro rata, as...
• Texas Section 1157.107 - Payment Of Court Costs Relating To Claim
  All costs incurred in the probate court with respect to a claim are taxed as follows: (1) if the claim is allowed and approved, the...

SUBCHAPTER D PRESENTMENT AND PAYMENT OF SECURED CLAIMS

• Texas Section 1157.108 - Liability For Nonpayment Of Claim
  (a) A person or claimant, except the state treasury, entitled to payment from a guardianship estate of money the court orders to be paid is...
• Texas Section 1157.151 - Option To Treat Claim As Matured Secured Claim Or Preferred Debt And Lien
  (a) If a secured claim against a ward is presented, the claimant shall specify in the claim, in addition to all other matters required to...
• Texas Section 1157.152 - Preferred Debt And Lien
  When a claim for a debt has been allowed and approved under Section 1157.151(a)(2): (1) a further claim for the debt may not be made...

SUBCHAPTER E CLAIMS INVOLVING GUARDIANS

• Texas Section 1157.153 - Payment Of Maturities On Preferred Debt And Lien
  (a) If, not later than the 12th month after the date letters of guardianship are granted, the property securing a debt for which a claim...
• Texas Section 1157.201 - Claim By Guardian
  (a) A claim that a guardian of the person or estate held against the ward at the time of the guardian's appointment, or that accrues...
• Texas Section 1157.202 - Purchase Of Claim By Guardian Prohibited
  (a) A guardian may not purchase, for the guardian's own use or for any other purpose, a claim against the guardianship the guardian represents. (b)...

Last modified: September 28, 2016