Texas Estates Code 308.054 – Permissive Notice to Unsecured Creditor
(a) At any time before an estate administration is closed, a personal representative may give notice by a qualified delivery method to an unsecured creditor who has a claim for money against the estate.
(b) Notice given under Subsection (a) must:
(1) expressly state that the creditor must present the claim before the 121st day after the date of the receipt of the notice or the claim is barred, if the claim is not barred by the general statutes of limitation; and
(2) include:
(A) the date the letters testamentary or of administration held by the personal representative were issued to the representative;
(B) the address to which the claim may be presented; and
(C) an instruction of the representative’s choice that the claim be addressed in care of:
(i) the representative;
(ii) the representative’s attorney; or
(iii) “Representative, Estate of _______” (naming the estate).
Terms Used In Texas Estates Code 308.054
- 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 - 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