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Creditor's Claims in Probate ing to the Texas Estates Code, there is a specific order of priority for paying creditor's claims: Funeral expenses and expenses of last illness. These expenses must be paid before any other claims can be considered. Expenses of administration, such as court costs and attorney's fees.
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.
(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.
A lien is a claim or legal right against assets that are usually used as collateral to satisfy a debt. The creditor may be able to seize the asset that is the subject of the lien. Bank, real estate, and tax are three types of liens.
Secured creditors generally have six months from the executor's appointment, or four months after their receipt of the notice from the executor, to file their claim against the estate. After this time limit, any claim submitted will be barred, meaning that the creditor will be unable to sue the estate.
In Texas, creditors have four months from the date of the first publication of the notice to file a claim. If a creditor fails to file a claim within this time frame, they will be barred from receiving any payment from the estate.
Generally, under Texas law, a Will must be admitted to probate within 4 years of a person's death.