Board Certified, Estate Planning and Probate Law - Texas Board of Legal Specialization
Av Preeminent rated, Martindale Hubbell
Every claim against the estate of a person who has died should be formally presented at the earliest possible time following the death of the decedent, and appropriate actions taken within the applicable time limits following presentment.
While the following timeline is not exhaustive, it indicates the most important dates that apply to the inception of the probate collection process:
All Administrations When Action Required All unsecured claims — Only published notice to unsecured creditors. Late filing will affect the assets available to pay the claim if there are insufficient assets to pay all claims. Tex. Pro. Code Sec. 298, Tex. Pro. Code Sec. 320 Any time before estate closed or claim barred by general statute of limitiation; more than six months after date of grant of letters Receipt of unsecured creditors four month notice. Claim is barred by limitations if not timely filed, and cannot be paid by personal representative.
Tex. Pro. Code Sec. 298
Four months after date of receipt of notice Secured creditor choice of matured secured claim or preferred debt and lien treatment. Late filing or failure to elect will limit recovery to the security for the obligation.
Tex. Pro. Code Sec. 306
The later of six months after the date letters are granted or four months after receipt of notice to secured creditor Suit on rejected claim. Failure to timely file results in claim being barred.
Tex. Pro. Code Sec. 313
Ninety days after rejection by personal representative or rejection by lapse of time (30 days after presentment)
Please call us at 214.363.2400 to discuss representation, email Walter, or contact the attorney of your choice to determine the particular application of relevant time limits to your claim.