Texas Estates Code 355.105 – Claimant’s Petition for Allowance and Payment of Claim
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Terms Used In Texas Estates Code 355.105
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - 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 - Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
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 barred by an applicable statute of limitations; and
(2) procure on due proof an order for the claim’s allowance and payment from the estate.