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.

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 in a Harris County Probate estate are paid in the following order:

(1) Funeral expenses and expenses of last sickness, in an amount not to exceed Fifteen Thousand Dollars.

(2) Allowances made to the surviving spouse and children, or to either.

(3) Expenses of administration and the expenses incurred in the preservation, safekeeping, and management of the estate.

(4) Other claims against the estate in the order of their classification.

An Independent Executor can pay claims without needing to obtain the court’s approval. However, in acting without the Harris County Probate Court’s approval an Independent Executor acts at their own peril if a mistake or oversight is made. Your Houston Probate Attorney can help you make sure claims against the estate are paid properly. Anyone other than an Independent Executor can obtain the court’s approval for the order of payment for claims.

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

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.