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Payment priorities There is an order of priority for debts to creditors if the estate's assets cannot cover all valid claims: Federal taxes. Funeral expenses and/or final illness expenses up to $15,000. Estate administration expenses.
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.
It is two years from the date the will is admitted to probate. A person has four years after death to file a will for probate so the date of death is not the determining factor.
A claim or any part of a claim for money against an estate may not be paid until the claim or part of the claim has been approved by the court or established by the judgment of a court of competent jurisdiction. Sec. 355.102.
Section 404.005(a) provides that if the will of a person names an independent executor who for any reason is unwilling or unable to serve, and if each successor executor named in the will is also either unable or unwilling to serve, ?all of the distributees of the decedent? may file an ?application for an order ...
In Texas probate, secured debts take priority over unsecured debts. If the estate does not have sufficient funds to cover the secured debt, the creditor may have the right to repossess or foreclose on the collateral to satisfy the debt.
Section 404.0035 - Removal of Independent Executor With Notice (a) The probate court, on the court's own motion, may remove an independent executor appointed under this subtitle after providing 30 days' written notice of the court's intention to the independent executor, requiring answering at a time and place set in ...
A judge who determines that the interest of a decedent's estate requires the immediate appointment of a personal representative shall, by written order, appoint a temporary administrator with powers limited as the circumstances of the case require. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff.