Sec. 355.107. ORDER FOR PAYMENT OF CLAIM OBTAINED BY CREDITOR. (a) At any time after the first anniversary of the date letters testamentary are granted for an estate, a creditor of the estate whose claim or part of a claim has been approved by the court or established by suit may obtain an order directing that payment of the claim or part of the claim be made on written application and proof, except as provided by Subsection (b), showing that the estate has sufficient available funds.
(b) If the estate does not have available funds to pay a claim or part of a claim described by Subsection (a) and waiting for the estate to receive funds from other sources would unreasonably delay the payment, the court shall order the sale of estate property sufficient to make the payment.
(c) The personal representative of the estate must first be cited on a written application under Subsection (a) to appear and show cause why the order should not be made.
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 C. Payment of Claims, Allowances, and Expenses
Section 355.101. Approval or Establishment of Claim Required for Payment
Section 355.102. Claims Classification; Priority of Payment
Section 355.103. Priority of Certain Payments
Section 355.104. Payment of Proceeds From Sale of Property Securing Debt
Section 355.105. Claimant's Petition for Allowance and Payment of Claim
Section 355.106. Order for Payment of Claim Obtained by Personal Representative
Section 355.107. Order for Payment of Claim Obtained by Creditor
Section 355.108. Payment When Assets Insufficient to Pay Claims of Same Class
Section 355.109. Abatement of Bequests
Section 355.110. Allocation of Funeral Expenses
Section 355.111. Payment of Court Costs Relating to Claim
Section 355.112. Joint Obligation for Payment of Certain Debts