Sec. 403.059. ENFORCEMENT OF CLAIMS BY SUIT. Any person having a debt or claim against the estate may enforce the payment of the same by suit against the independent executor; and, when judgment is recovered against the independent executor, the execution shall run against the estate of the decedent in the possession of the independent executor that is subject to the debt. The independent executor shall not be required to plead to any suit brought against the executor for money until after six months after the date that an independent administration was created and the order appointing the executor was entered by the probate court.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle I - Independent Administration
Chapter 403 - Exemptions and Allowances; Claims
Section 403.051. Duty of Independent Executor
Section 403.052. Secured Claims for Money
Section 403.053. Matured Secured Claims
Section 403.054. Preferred Debt and Lien Claims
Section 403.055. Certain Unsecured Claims; Barring of Claims
Section 403.056. Notices Required by Creditors
Section 403.057. Statute of Limitations
Section 403.058. Other Claim Procedures Generally Do Not Apply
Section 403.0585. Liability of Independent Executor for Payment of a Claim