Texas Estates Code 1157.064 – Presentment of Claim Prerequisite for Judgment
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(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 not been:
(1) legally presented to the guardian of the estate of the ward; and
(2) wholly or partly rejected by the guardian or the court.
(b) Subsection (a) does not apply to a claim against the estate of a ward for delinquent ad valorem taxes that is being administered in probate in a county other than the county in which the taxes were imposed.
Terms Used In Texas Estates Code 1157.064
- 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 - 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.
- Probate: Proving a will
- Ward: means a person for whom a guardian has been appointed. See Texas Estates Code 22.033