Texas Estates Code 1153.003 – Required Notice to Certain Claimants
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(a) Within four months after receiving letters of guardianship, the guardian of an estate shall give notice of the issuance of the letters to each person who has a claim for money against the ward‘s estate:
(1) that is secured by a deed of trust, mortgage, or vendor’s, mechanic’s, or other contractor’s lien on real estate belonging to the estate; or
(2) about which the guardian has actual knowledge.
(b) Notice provided under this section must be:
(1) sent by a qualified delivery method; and
(2) addressed to the record holder of the claim at the record holder’s last known post office address.
Terms Used In Texas Estates Code 1153.003
- 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 - Deed: The legal instrument used to transfer title in real property from one person to another.
- 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.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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) The following shall be filed in the court from which the letters of guardianship were issued:
(1) a copy of each notice required by Subsection (a)(1) with the return receipt or other proof of delivery, if available; and
(2) the guardian’s affidavit stating:
(A) that the notice was sent as required by law; and
(B) the name of the person to whom the notice was sent, if that name is not shown on the notice or receipt.