Sec. 355.002. 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 personal representative or the representative's attorney of the deposit of the claim by a letter mailed to the representative's last known address.
(b) A claim deposited under Subsection (a) is presumed to be rejected if the personal representative fails to act on the claim on or before the 30th day after the date the claim is deposited.
(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 because the personal representative does not act on the claim within the 30-day period prescribed by Subsection (b).
(d) The clerk shall enter a claim deposited under Subsection (a) on the claim docket.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 355 - Presentment and Payment of Claims
Subchapter A. Presentment of Claims Against Estates in General
Section 355.001. Presentment of Claim to Personal Representative
Section 355.002. Presentment of Claim to Clerk
Section 355.003. Inclusion of Attorney's Fees in Claim
Section 355.004. Affidavit Authenticating Claim for Money in General
Section 355.005. Affidavit Authenticating Claim of Corporation or Other Entity
Section 355.006. Lost or Destroyed Evidence Concerning Claim
Section 355.007. Waiver of Certain Defects of Form or Claims of Insufficiency
Section 355.008. Effect on Statutes of Limitation of Presentment of or Suit on Claim