Texas Estates Code 308.051 – Required Notice Regarding Presentment of Claims in General
(a) Within one month after receiving letters testamentary or of administration, a personal representative of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law by:
(1) having the notice published in a newspaper of general circulation in the county in which the letters were issued; and
(2) if the decedent remitted or should have remitted taxes administered by the comptroller, sending the notice to the comptroller by a qualified delivery method.
(b) Notice provided under Subsection (a) must include:
(1) the date the letters testamentary or of administration were issued to the personal representative;
(2) the address to which a claim may be presented; and
(3) an instruction of the representative’s choice that the claim be addressed in care of:
(A) the representative;
(B) the representative’s attorney; or
(C) “Representative, Estate of __________” (naming the estate).
Terms Used In Texas Estates Code 308.051
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Decedent: A deceased person.
- 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 - Month: means a calendar month. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - 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
(c) If there is no newspaper of general circulation in the county in which the letters testamentary or of administration were issued, the notice must be posted and the return made and filed as otherwise required by this title.