Texas Estates Code 1153.001 – Required Notice Regarding Presentment of Claims in General
(a) Within one month after receiving letters of guardianship, a guardian of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law. The notice must be:
(1) published in a newspaper of general circulation in the county in which the letters were issued; and
(2) sent to the comptroller by a qualified delivery method, if the ward remitted or should have remitted taxes administered by the comptroller.
(b) Notice provided under Subsection (a) must include:
(1) the date the letters of guardianship were issued to the guardian of the estate;
(2) the address to which a claim may be presented; and
(3) an instruction of the guardian’s choice that the claim be addressed in care of:
(A) the guardian;
(B) the guardian’s attorney; or
(C) “Guardian, Estate of ____________” (naming the estate).
Terms Used In Texas Estates Code 1153.001
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Month: means a calendar month. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295 - Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033
(c) If there is no newspaper of general circulation in the county in which the letters of guardianship were issued, the notice must be posted and the return made and filed as otherwise required by this title.