Texas Estates Code 1052.002 – Claim Docket
Current as of: 2024 | Check for updates
|
Other versions
(a) The county clerk shall maintain a record book titled “Claim Docket” and shall record in the book each claim that is presented against a guardianship for the court‘s approval.
(b) The county clerk shall assign one or more pages of the record book to each guardianship.
Terms Used In Texas Estates Code 1052.002
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - 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 - 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.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
(c) The claim docket must be ruled in 16 columns at proper intervals from top to bottom, with a short note of the contents at the top of each column. The county clerk shall record for each claim, in the order the claims are filed, the following information in the respective columns, beginning with the first or marginal column:
(1) the name of the claimant;
(2) the amount of the claim;
(3) the date of the claim;
(4) the date the claim is filed;
(5) the date the claim is due;
(6) the date the claim begins bearing interest;
(7) the interest rate;
(8) the date the claim is allowed by the guardian, if applicable;
(9) the amount allowed by the guardian, if applicable;
(10) the date the claim is rejected, if applicable;
(11) the date the claim is approved, if applicable;
(12) the amount approved for the claim, if applicable;
(13) the date the claim is disapproved, if applicable;
(14) the class to which the claim belongs;
(15) the date the claim is established by a judgment of a court, if applicable; and
(16) the amount of the judgment established under Subdivision (15), if applicable.