Sec. 308.051. REQUIRED NOTICE REGARDING PRESENTMENT OF CLAIMS IN GENERAL. (a) Within one month after receiving letters testamentary or of administration, a personal representative 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 by:
(1) having the notice published in a newspaper of general circulation in the county in which the letters were issued; and
(2) if the decedent remitted or should have remitted taxes administered by the comptroller, sending the notice to the comptroller by certified or registered mail.
(b) Notice provided under Subsection (a) must include:
(1) the date the letters testamentary or of administration were issued to the personal representative;
(2) the address to which a claim may be presented; and
(3) an instruction of the representative's choice that the claim be addressed in care of:
(A) the representative;
(B) the representative's attorney; or
(C) "Representative, Estate of __________" (naming the estate).
(c) If there is no newspaper of general circulation in the county in which the letters testamentary or of administration were issued, the notice must be posted and the return made and filed as otherwise required by this title.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 27, eff. September 1, 2017.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle G - Initial Appointment of Personal Representative and Opening of Administration
Chapter 308 - Notice to Beneficiaries and Claimants
Subchapter B. Notice to Claimants
Section 308.051. Required Notice Regarding Presentment of Claims in General
Section 308.052. Proof of Publication
Section 308.053. Required Notice to Secured Creditor
Section 308.054. Permissive Notice to Unsecured Creditor
Section 308.055. One Notice Sufficient
Section 308.056. Liability for Failure to Give Required Notice