Texas Estates Code

§ 355.113 — LIABILITY FOR NONPAYMENT OF CLAIM

ES § 355.113Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 355. PRESENTMENT AND PAYMENT OF CLAIMS · Art. C. PAYMENT OF CLAIMS, ALLOWANCES, AND EXPENSES

Statute text

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(a)A person or claimant, except the state treasury, entitled to payment from an estate of money the court orders to be paid is authorized to have execution issued against the estate property for the amount due, with interest and costs, if:

(1)the personal representative fails to pay the money on demand;

(2)estate funds are available to make the payment; and

(3)the person or claimant makes an affidavit of the demand for payment and the representative's failure to pay.

(b)The court may cite the personal representative and the sureties on the representative's bond to show cause why the representative and sureties should not be held liable under Subsection (a) for the debt, interest, costs, and damages:

(1)on return of the execution not satisfied; or

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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.