Classification of Claims
During the administration of an estate in the Harris County Probate Court the claims against the estate must be formally classified based on the rules in the Texas Probate Code. This requirement is not limited to Dependent Administration, Independent Executors as well must perform this function.
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
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Joint Accounts And Probate
The Executor or Administrator of an estate in the Harris County Probate Court is responsible for administering the probate estate of the deceased. Sometimes disputes arise concerning exactly what property is included or not included in the probate estate. One common source of confusion is joint accounts held at local banks or other financial institutions.
The case of Nipp v. Broumley shows how in certain circumstances a joint account is included and administered in the probate estate even after the other person
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When You Can Not Remove an Independent Executor
The case of Kappus v. Kappus demonstrates how hoping for the best is not always the best strategy. In the Kappus case, the decedent’s ex-wife and mother of one of the beneficiaries, attempted to remove an independent executor due to a conflict of interest.
The Texas Supreme Court reviewed the case and ruled
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