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Letters Testamentary: You may order your letters testamentary after you have taken and filed the oath and have had your bond approved, if a bond is required. These letters will serve as the evidence of your appointment when dealing with third persons concerning the affairs of the estate.
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.
A creditor then has a time limit within which they may file a claim against the estate. They must do so within the later of: Six months from when the probate process officially begins (i.e., the date letters testamentary or of administration are granted), or. Four months after the date the mandatory notice is received.
The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.
A legally competent person who is interested in a hearing in a probate proceeding may waive notice of the hearing in writing either in person or through an attorney.
Creditors then have 60 days from the date on the form to file their claim, or four months from the date the estate was opened. Once the claim is received by the representative or the executor, they can pay it or, if it doesn't seem legitimate, they can dispute it.
The form must include: The witnesses' names and addresses. Relationships to the decedent. Decedent's date of death. Decedent's marital history. Decedent's family history (children, grandchildren, parents, siblings, nieces/nephews)
Notice to Creditors of the Estate: Within two months after your qualification, you must mail a registered or certified letter, return receipt requested, to each secured creditor of the estate. A secured creditor is one who holds a claim secured by a deed of trust, a mortgage, or some other lien upon property.