Texas Estates Code

§ 301.201 — METHOD OF PREVENTING ADMINISTRATION REQUESTED BY CREDITOR

ES § 301.201Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION · Ch. 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION · Art. E. PREVENTION OF ADMINISTRATION

Statute text

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(a)If a creditor files an application for letters of administration of an estate, another interested person who does not desire the administration can defeat the application by:

(1)paying the creditor's claim;

(2)proving to the court's satisfaction that the creditor's claim is fictitious, fraudulent, illegal, or barred by limitation; or

(3)executing a bond that is:

(A)payable to, and to be approved by, the judge in an amount that is twice the amount of the creditor's claim; and

(B)conditioned on the obligors paying the claim on the establishment of the claim by suit in any court in the county having jurisdiction of the amount.

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Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.