Texas Estates Code

§ 355.155 — PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN

ES § 355.155Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 355. PRESENTMENT AND PAYMENT OF CLAIMS · Art. D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY

Statute text

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(a)If property securing a debt for which a claim is allowed, approved, and fixed under Section 355.151(a)(2) is not sold or distributed within six months from the date letters testamentary or of administration are granted, the personal representative of the estate shall:

(1)promptly pay all maturities that have accrued on the debt according to the terms of the debt; and

(2)perform all the terms of any contract securing the debt.

(b)If the personal representative defaults in payment or performance under Subsection (a), on application of the claim holder, the court shall:

(1)require the sale of the property subject to the unmatured part of the debt and apply the proceeds of the sale to the liquidation of the maturities;

(2)require the sale of the property free of the lien and apply the proceeds to the payment of the whole debt; 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.