Texas Estates Code 1153.004 – Permissive Notice to Unsecured Creditor Regarding Period for Presentment of Claim
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Texas Estates Code 1153.004
- 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.
The guardian of the estate may expressly state in a notice given to an unsecured creditor under § 1153.003(a)(2) that the creditor must present a claim not later than the 120th day after the date the creditor receives the notice or the claim is barred, if the claim is not barred by the general statutes of limitation. A statement under this section must include:
(1) the address to which the claim may be presented; and
(2) an instruction that the claim be filed with the clerk of the court that issued the letters of guardianship.