Texas Estates Code 355.201 – Claim by Personal Representative
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(a) The provisions of this chapter regarding the presentment of claims against a decedent‘s estate may not be construed to apply to any claim of a personal representative against the decedent.
(b) A personal representative holding a claim against the decedent shall file the claim in the court granting the letters testamentary or of administration, verified by affidavit as required in other cases, within six months after the date the representative qualifies, or the claim is barred.
Terms Used In Texas Estates Code 355.201
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- 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 - 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 - Decedent: A deceased person.
- Devisee: includes a legatee. See Texas Estates Code 22.009
- 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 - Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- 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 - Probate: Proving a will
(c) A claim by a personal representative that has been filed with the court within the required period shall be entered on the claim docket and acted on by the court in the same manner as in other cases.
(d) A personal representative may appeal a judgment of the court acting on a claim under this section as in other cases.
(e) The previous provisions regarding the presentment of claims may not be construed to apply to a claim:
(1) of any heir or devisee who claims in that capacity;
(2) that accrues against the estate after the granting of letters testamentary or of administration and for which the personal representative has contracted; or
(3) for delinquent ad valorem taxes against a decedent’s estate that is being administered in probate in:
(A) a county other than the county in which the taxes were imposed; or
(B) the same county in which the taxes were imposed, if the probate proceedings have been pending for more than four years.