Required Notice to Secured Creditors

Categories: Fiduciary
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The Executor or Administrator of a Harris County Probate Estate has many legal obligations. One of the obligations is to notify certain creditors of the probate pending in the Harris County Probate Court. The notice to these creditors must be done as required by the Texas Probate Code.

When to Provide Notice to Secured Creditors

The Executor or Administrator of an estate shall give notice of the issuance of letters to each and every person known to the Executor or Administrator to have a claim for money against the estate of a decedent that is secured by real or personal property of the estate within two months of receiving their letters testamentary of letters of administration.

If the Executor or Administrator subsequently obtains actual knowledge of the existence of a secured creditor to whom notice was not previously given, the Executor or Administrator of the Harris County Probate Estate shall give notice to the person of the issuance of letters within a reasonable time.

Proof of Notice

A copy of each notice and a copy of the return receipt and an affidavit of the Executor or Administrator, stating that said notice was mailed as required by law, giving the name of the person to whom the notice was mailed, if not shown on the notice or receipt, shall be filed with the clerk of the Houston Probate Court.

A Harris County Probate Attorney can help you fulfill your legal obligations as the Executor or Administrator of an estate in the Harris County Probate Court.