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.

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.

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.

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.

Claims against an estate in the Houston Probate Court are classified and have priority of payment, as follows:

Class 1.  Funeral expenses and expenses of last sickness for a reasonable amount to be approved by the court, not to exceed a total of Fifteen Thousand Dollars, with any excess to be classified and paid as other unsecured claims.

Class 2.  Expenses of administration and expenses incurred in the preservation, safekeeping, and management of the estate, including fees and expenses awarded under portions of the Probate Code, and unpaid expenses of administration awarded in a guardianship of the decedent.

Class 3.  Secured claims for money under Section 306(a)(1), including tax liens, so far as the same can be paid out of the proceeds of the property subject to such mortgage or other lien, and when more than one mortgage, lien, or security interest shall exist upon the same property, they shall be paid in order of their priority.

Class 4.  Claims for the principal amount of and accrued interest on delinquent child support and child support arrearages that have been confirmed and reduced to money judgment, as determined under Subchapter F, Chapter 157, Family Code, and claims for unpaid child support obligations under Section 154.015, Family Code.

Class 5.  Claims for taxes, penalties, and interest due under Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes; Section 81.111, Natural Resources Code; the Municipal Sales and Use Tax Act (Chapter 321, Tax Code); Section 451.404, Transportation Code; or Subchapter I, Chapter 452, Transportation Code.

Class 6.  Claims for the cost of confinement established by the institutional division of the Texas Department of Criminal Justice under Section 501.017, Government Code.

Class 7.  Claims for repayment of medical assistance payments made by the state under Chapter 32, Human Resources Code, to or for the benefit of the decedent.

Class 8.  All other claims.

Formally classifying claims against the estate is a vital legal obligation for the Executor of an estate. Speak with a Houston Probate Attorney today if you need assistance with a probate matter in Harris County.

The Texas Supreme Court reviewed the case and ruled that “conflict of interest,” either actual or potential, is not one of the listed grounds for removal of an independent executor. The court explained that being in a conflict situation is not the same as misapplication, embezzlement, gross misconduct, gross mismanagement, or being incapacitated.

The court’s ruling highlights that the Harris County Probate Court has broad discretion to disqualify a person as being “unsuitable” before they are appointed as independent executor, but once a person is appointed, the only grounds for removal are expressly stated in the statute.

Speak with a Houston Probate Attorney today if you need assistance with a probate matter in Harris County.

The law describes the specific criteria for when the Harris County Probate Court is authorized to remove a duly appointed independent executor. The Harris County Probate Court may remove an independent executor when:

(1)  the independent executor fails to return within ninety days after being appointed, unless such time is extended by order of the court, an inventory of the property of the estate and list of claims that have come to the independent executor’s knowledge;

(2)  sufficient grounds appear to support belief that the independent executor has misapplied or embezzled, or that the independent executor is about to misapply or embezzle, all or any part of the property committed to the independent executor’s care;

(3)  the independent executor fails to make an accounting which is required by law to be made;

(4)  the independent executor fails to timely file the affidavit or certificate required by Section 128A of the probate code;

(5)  the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor’s duties; or

(6)  the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor’s fiduciary duties.

Speak with a Houston Probate Attorney today if you are involved in a dispute with an Executor or if you are designated as the Executor of an Estate and need help to protect yourself and fulfill your legal obligations.

How do you get “Letters of Administration” to prove you are the person in charge of the Estate?

Section 178 of the Probate Code controls when the Harris County Probate Court can issue Letters of Administration. The law allows the Harris County Probate Court to issue Letters of Administration when you can prove to the Court that it is necessary to administer the estate. Common reasons for needing to administer an estate are to collect property or settle debts. Once you satisfy the Court at a hearing that administration is necessary, the Court will issue Letters of Administration to the person qualified to serve with the highest priority.

If you do not follow the correct procedure, then you can not obtain Letters of Administration from the Harris County Probate Court. Your Houston Probate Lawyer can help your family get the required documentation to get control of and administer the property in the probate estate.

How do you get “Letters Testamentary” to prove you are the person in charge of the Estate?

Section 178 of the Probate Code controls when the Harris County Probate Court can issue Letters Testamentary. The law allows the Harris County Probate Court to issue Letters Testamentary to the Executor of the Estate within 20 days after the Last Will and Testament has been probated. If the Last Will and Testament is not probated, then you can not obtain Letters Testamentary. Your Houston Probate Lawyer can help your family get the required documentation to get control of and administer the property in the probate estate.

If the deceased left no Will and is intestate, there are provisions for the Harris County Probate Court to issue Letters of Administration. Letters of Administration will be discussed separately.

The Harris County Probate Court shall grant Letters testamentary or of administration to persons who are qualified to act, in the following order:

(a) To the person named as executor in the will.

(b) To the surviving husband or wife.

(c) To the principal devisee or legatee of the testator.

(d) To any devisee or legatee of the testator.

(e) To the next of kin of the deceased, the nearest in order of descent first, and so on, and next of kin includes a person and his descendants who legally adopted the deceased or who have been legally adopted by the deceased.

(f) To a creditor of the deceased.

(g) To any person of good character residing in the county who applies therefor.

(h) To any other person not disqualified.

When applicants are equally entitled, letters shall be granted to the applicant who, in the judgment of the court, is most likely to administer the estate advantageously, or they may be granted to any two or more of such applicants.

If you need to administer an estate before the Harris County Probate Court, contact a Houston probate lawyer today.