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Within two months after receiving letters testamentary or of administration, a personal representative of an estate shall give notice of the issuance of the letters to each person the representative knows to have a claim for money against the estate that is secured by estate property.
Texas maintains a four-year statute of limitations on general debts from their original due date. However, all such limitations are suspended for twelve months following the estate owner's death.
If the decedent's family does not start the probate proceeding in a timely fashion, the creditor can also start the process. An application to probate a will, or to appoint an administrator when there is no will, may be filed by certain persons, including an ?interested person.?8 A creditor is an ?interested person.?
(a) Within two months after receiving letters testamentary or of administration, a personal representative of an estate shall give notice of the issuance of the letters to each person the representative knows to have a claim for money against the estate that is secured by estate property.
Filing a Claim The claim must be filed with the probate court and a copy must be sent to the executor or administrator of the estate. Once the executor or administrator receives a notice of claim from the creditor, they have 30 days to review, determine if it is valid or not, and either pay the debt or object it.