Texas Estates Code 355.202 – Claims Against Personal Representatives
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(a) The naming of an executor in a will does not extinguish a just claim that the decedent had against the person named as executor.
(b) If a personal representative is indebted to the decedent, the representative shall account for the debt in the same manner as if the debt were cash in the representative’s possession.
Terms Used In Texas Estates Code 355.202
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- 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
(c) Notwithstanding Subsection (b), a personal representative is required to account for the debt only from the date the debt becomes due if the debt was not due at the time the representative received letters testamentary or of administration.