Sec. 355.004. AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN GENERAL. (a) Except as provided by Section 355.005, a claim for money against an estate must be supported by an affidavit that states:
(1) that the claim is just;
(2) that all legal offsets, payments, and credits known to the affiant have been allowed; and
(3) if the claim is not founded on a written instrument or account, the facts on which the claim is founded.
(b) A photostatic copy of an exhibit or voucher necessary to prove a claim may be offered with and attached to the claim instead of attaching the original.
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