Sec. 1157.002. PRESENTMENT OF CLAIM TO CLERK. (a) A claim may also be presented by depositing the claim with the clerk with vouchers and the necessary exhibits and affidavit attached to the claim. On receiving a claim deposited under this subsection, the clerk shall advise the guardian of the estate or the guardian's attorney of the deposit of the claim by a letter mailed to the guardian's last known address.
(b) A claim deposited under Subsection (a) is presumed to be rejected if the guardian fails to act on the claim on or before the 30th day after the date the claim is filed.
(c) Failure of the clerk to give the notice required under Subsection (a) does not affect the validity of the presentment or the presumption of rejection of the claim because the guardian does not act on the claim within the 30-day period prescribed by Subsection (b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.
Structure Texas Statutes
Title 3 - Guardianship and Related Procedures
Subtitle E - Administration of Guardianship
Chapter 1157 - Presentment and Payment of Claims
Subchapter A. Presentment of Claims Against
Section 1157.001. Presentment of Claim to Guardian of the Estate
Section 1157.002. Presentment of Claim to Clerk
Section 1157.003. Inclusion of Attorney's Fees in Claim
Section 1157.004. Affidavit Authenticating Claim for Money in General
Section 1157.005. Affidavit Authenticating Claim of Corporation or by Certain Other Representatives
Section 1157.006. Lost or Destroyed Evidence Concerning Claim
Section 1157.007. Waiver of Certain Defects of Form or Claims of Insufficiency
Section 1157.008. Effect on Statutes of Limitation of Filing of or Suit on Claim