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.
Required Notice to Secured Creditors
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.