Texas Estates Code 403.056 – Notices Required by Creditors
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(a) Notice to the independent executor required by Sections 403.052 and 403.055 must be contained in:
(1) a written instrument that complies with § 355.004 and is sent by a qualified delivery method to the independent executor or the executor’s attorney;
(2) a pleading filed in a lawsuit with respect to the claim; or
(3) a written instrument that complies with § 355.004 or a pleading filed in the court in which the administration of the estate is pending.
(b) This section does not exempt a creditor who elects matured secured status from the filing requirements of § 403.052, to the extent those requirements are applicable.
Terms Used In Texas Estates Code 403.056
- 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 - Executor: A male person named in a will to carry out the decedent
- Independent executor: means the personal representative of an estate under independent administration as provided by Chapter 401 and § 402. See Texas Estates Code 22.017
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- 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 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005