Sec. 1153.001. REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL. (a) Within one month after receiving letters of guardianship, a guardian of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law. The notice must be:
(1) published in a newspaper of general circulation in the county in which the letters were issued; and
(2) sent to the comptroller by certified or registered mail, if the ward remitted or should have remitted taxes administered by the comptroller.
(b) Notice provided under Subsection (a) must include:
(1) the date the letters of guardianship were issued to the guardian of the estate;
(2) the address to which a claim may be presented; and
(3) an instruction of the guardian's choice that the claim be addressed in care of:
(A) the guardian;
(B) the guardian's attorney; or
(C) "Guardian, Estate of ____________" (naming the estate).
(c) If there is no newspaper of general circulation in the county in which the letters of guardianship were issued, the notice must be posted and the return made and filed as otherwise required by this title.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 33, eff. September 1, 2021.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle E - Administration of Guardianship
Chapter 1153 - Notice to Claimants
Section 1153.001. Required Notice Regarding Presentment of Claims in General
Section 1153.002. Proof of Publication
Section 1153.003. Required Notice to Certain Claimants
Section 1153.004. Permissive Notice to Unsecured Creditor Regarding Period for Presentment of Claim
Section 1153.005. One Notice Sufficient; Liability for Failure to Give Required Notice