Required form of Claims
Claims submitted against a Harris County Probate Estate must be in proper form. If a creditor submits a claim against an estate that is not complete then the Executor or Administrator is required not to allow the claim, and even if they do, the Probate Court is also required to not approve the claim.
Claims for money against an estate must be supported by an affidavit that the claim is just and that all legal offsets, payments, and credits known to the affiant have been allowed. If the claim is not founded on a written instrument or account, the affidavit shall also state the facts upon which the claim is founded. A photostatic copy of any exhibit or voucher necessary to prove a claim may be offered with and attached to the claim in lieu of the original.
Speak with a Harris County Probate Attorney if you need assistance.
Deadline for Claims
Creditors of the estate may present their claim to the personal representative at any time before the estate is closed if suit on the claim has not been barred by the general statutes of limitation. However, if the Executor or Administrator’s probate attorney sent a valid direct notice to the creditor then their claim must be presented within four months of when they received the notice or the claim is barred.
Even if the personal representative allows a claim against the Harris County Probate Estate that is otherwise barred, the probate court is required to disapprove the claim if the court is satisfied that the claim is properly barred.
If you need help with a probate estate speak with a Harris County Probate Attorney.
Direct Notice to Unsecured Creditors
The Probate Attorney for the personal representative may directly notify the unsecured creditors of the estate about the pending matter and require them to present their claim within four months of the notice. If an unsecured creditor of a Harris County Probate estate receives a proper notice and does not file their claim within the required time period the personal representative may be able to refuse their claim.
This notice may be sent at any time before the administration is closed. The notice must include:
(1) the dates of issuance of letters held by the representative;
(2) the address to which claims may be presented; and
(3) an instruction of the representative’s choice that the claim be addressed in care of:
(A) the representative;
(B) the representative’s attorney; or
(C) “Representative, Estate of ” (naming the estate)
If you need assistance with a Harris County Probate Estate speak with a Harris County Probate Attorney today.