Sec. 355.064. SUIT ON REJECTED CLAIM. (a) A claim or part of a claim that has been rejected by the personal representative is barred unless not later than the 90th day after the date of rejection the claimant commences suit on the claim in the court of original probate jurisdiction in which the estate is pending.
(b) In a suit commenced on the rejected claim, the memorandum endorsed on or attached to the claim, or any other memorandum of rejection filed with respect to the claim, is taken to be true without further proof unless denied under oath.
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 B. Action on Claims
Section 355.051. Allowance or Rejection of Claim
Section 355.052. Failure to Timely Allow or Reject Claim
Section 355.053. Claim Entered on Claim Docket
Section 355.054. Contest of Claim
Section 355.055. Court's Action on Claim
Section 355.056. Hearing on Certain Claims
Section 355.057. Court Order Regarding Action on Claim
Section 355.058. Appeal of Court's Action on Claim
Section 355.059. Allowance and Approval Prohibited Without Affidavit
Section 355.060. Unsecured Claims Barred Under Certain Circumstances
Section 355.061. Allowing Barred Claim Prohibited: Court Disapproval
Section 355.062. Certain Actions on Claims With Lost or Destroyed Evidence Void
Section 355.063. Claims Not Allowed After Order for Partition and Distribution
Section 355.064. Suit on Rejected Claim
Section 355.065. Presentment of Claim Prerequisite for Judgment