Texas Estates Code 355.153 – Payment of Matured Secured Claim
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(a) A claim allowed and approved as a matured secured claim under § 355.151(a)(1) shall be paid in due course of administration, and the secured creditor is not entitled to exercise any other remedy in a manner that prevents the preferential payment of claims and allowances described by Sections 355.103(1), (2), and (3).
(b) If a claim is allowed and approved as a matured secured claim under § 355.151(a)(1) for a debt that would otherwise pass with the property securing the debt to one or more devisees in accordance with § 255.301, the personal representative shall:
(1) collect from the devisees the amount of the debt; and
(2) pay that amount to the claimant in satisfaction of the claim.
Terms Used In Texas Estates Code 355.153
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - Devisee: includes a legatee. See Texas Estates Code 22.009
- 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 - Property: means real and personal property. See Texas Government Code 311.005
(c) Each devisee‘s share of the debt under Subsection (b) is an amount equal to a fraction representing the devisee’s ownership interest in the property securing the debt, multiplied by the amount of the debt.
(d) If the personal representative is unable to collect from the devisees an amount sufficient to pay the debt under Subsection (b), the representative shall, subject to Chapter 356, sell the property securing the debt. The representative shall:
(1) use the sale proceeds to pay the debt and any expenses associated with the sale; and
(2) distribute the remaining sale proceeds to each devisee in an amount equal to a fraction representing the devisee’s ownership interest in the property, multiplied by the amount of the remaining sale proceeds.
(e) If the sale proceeds under Subsection (d) are insufficient to pay the debt and any expenses associated with the sale, the difference between the sale proceeds and the sum of the amount of the debt and the expenses associated with the sale shall be paid in the manner prescribed by Subsection (a).