Sec. 308.054. PERMISSIVE NOTICE TO UNSECURED CREDITOR. (a) At any time before an estate administration is closed, a personal representative may give notice by certified or registered mail, return receipt requested, to an unsecured creditor who has a claim for money against the estate.
(b) Notice given under Subsection (a) must:
(1) expressly state that the creditor must present the claim before the 121st day after the date of the receipt of the notice or the claim is barred, if the claim is not barred by the general statutes of limitation; and
(2) include:
(A) the date the letters testamentary or of administration held by the personal representative were issued to the representative;
(B) the address to which the claim may be presented; and
(C) an instruction of the representative's choice that the claim be addressed in care of:
(i) the representative;
(ii) the representative's attorney; or
(iii) "Representative, Estate of _______" (naming the estate).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 39, eff. January 1, 2014.
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