Texas Estates Code 355.111 – Payment of Court Costs Relating to Claim
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Terms Used In Texas Estates Code 355.111
- 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 - Probate: Proving a will
All costs incurred in the probate court with respect to a claim shall be taxed as follows:
(1) if the claim is allowed and approved, the estate shall pay the costs;
(2) if the claim is allowed but disapproved, the claimant shall pay the costs;
(3) if the claim is rejected but established by suit, the estate shall pay the costs;
(4) if the claim is rejected and not established by suit, the claimant shall pay the costs, except as provided by § 355.052; and
(5) if the claim is rejected in part and the claimant fails, in a suit to establish the claim, to recover a judgment for a greater amount than was allowed or approved for the claim, the claimant shall pay all costs in the suit.