reglab/housing_qa huggingface dataset:
TX Est Code § 403.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.052. Secured Claims for Money

Sec. 403.052.  SECURED CLAIMS FOR MONEY.  Within six months after the date letters are granted or within four months after the date notice is received under Section 308.053, whichever is later, a creditor with a claim for money secured by property of the estate must give notice to the independent executor of the creditor's election to have the creditor's claim approved as a matured secured claim to be paid in due course of administration.  In addition to giving the notice within this period, a creditor whose claim is secured by real property shall record a notice of the creditor's election under this section in the deed records of the county in which the real property is located.  If no election to be a matured secured creditor is made, or the election is made, but not within the prescribed period, or is made within the prescribed period but the creditor has a lien against real property and fails to record notice of the claim in the deed records as required within the prescribed period, the claim shall be a preferred debt and lien against the specific property securing the indebtedness and shall be paid according to the terms of the contract that secured the lien, and the claim may not be asserted against other assets of the estate.  The independent executor may pay the claim before maturity if it is determined to be in the best interest of the estate to do so.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.053. Matured Secured Claims

Sec. 403.053.  MATURED SECURED CLAIMS.  (a)  A claim approved as a matured secured claim under Section 403.052 remains secured by any lien or security interest against the specific property securing payment of the claim but subordinated to the payment from the property of claims having a higher classification under Section 355.102.  However, the secured creditor:(1)  is not entitled to exercise any remedies in a manner that prevents the payment of the higher priority claims and allowances; and(2)  during the administration of the estate, is not entitled to exercise any contractual collection rights, including the power to foreclose, without either the prior written approval of the independent executor or court approval.(b)  Subsection (a) may not be construed to suspend or otherwise prevent a creditor with a matured secured claim from seeking judicial relief of any kind or from executing any judgment against an independent executor.  Except with respect to real property, any third party acting in good faith may obtain good title with respect to an estate asset acquired through a secured creditor's extrajudicial collection rights, without regard to whether the creditor had the right to collect the asset or whether the creditor acted improperly in exercising those rights during an estate administration due to having elected matured secured status.(c)  If a claim approved or established by suit as a matured secured claim is secured by property passing to one or more devisees in accordance with Subchapter G, Chapter 255, the independent executor shall collect from the devisees the amount of the debt and pay that amount to the claimant or shall sell the property and pay out of the sale proceeds the claim and associated expenses of sale consistent with the provisions of Sections 355.153(b), (c), (d), and (e) applicable to court supervised administrations.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.054. Preferred Debt and Lien Claims

Sec. 403.054.  PREFERRED DEBT AND LIEN CLAIMS.  During an independent administration, a secured creditor whose claim is a preferred debt and lien against property securing the indebtedness under Section 403.052 is free to exercise any judicial or extrajudicial collection rights, including the right to foreclosure and execution; provided, however, that the creditor does not have the right to conduct a nonjudicial foreclosure sale within six months after letters are granted.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.055. Certain Unsecured Claims; Barring of Claims

Sec. 403.055.  CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.  An unsecured creditor who has a claim for money against an estate and who receives a notice under Section 308.054 shall give to the independent executor notice of the nature and amount of the claim before the 121st day after the date the notice is received or the claim is barred.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 53, eff. January 1, 2014.|
TX Est Code § 403.056 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.056. Notices Required by Creditors

Sec. 403.056.  NOTICES REQUIRED BY CREDITORS.  (a)  Notice to the independent executor required by Sections 403.052 and 403.055 must be contained in:(1)  a written instrument that complies with Section 355.004 and is hand-delivered with proof of receipt, or mailed by certified mail, return receipt requested with proof of receipt, to the independent executor or the executor's attorney;(2)  a pleading filed in a lawsuit with respect to the claim; or(3)  a written instrument that complies with Section 355.004 or a pleading filed in the court in which the administration of the estate is pending.(b)  This section does not exempt a creditor who elects matured secured status from the filing requirements of Section 403.052, to the extent those requirements are applicable.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 54, eff. January 1, 2014.|
TX Est Code § 403.057 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.057. Statute of Limitations

Sec. 403.057.  STATUTE OF LIMITATIONS.  Except as otherwise provided by Section 16.062, Civil Practice and Remedies Code, the running of the statute of limitations shall be tolled only by a written approval of a claim signed by an independent executor, a pleading filed in a suit pending at the time of the decedent's death, or a suit brought by the creditor against the independent executor.  In particular, the presentation of a statement or claim, or a notice with respect to a claim, to an independent executor does not toll the running of the statute of limitations with respect to that claim.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.058 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.058. Other Claim Procedures Generally Do Not Apply

Sec. 403.058.  OTHER CLAIM PROCEDURES GENERALLY DO NOT APPLY.  Except as otherwise provided by this subchapter, the procedural provisions of this title governing creditor claims in supervised administrations do not apply to independent administrations.  By way of example, but not as a limitation:(1)  Sections 355.064 and 355.066 do not apply to independent administrations, and consequently a creditor's claim may not be barred solely because the creditor failed to file a suit not later than the 90th day after the date an independent executor rejected the claim or with respect to a claim for which the independent executor takes no action; and(2)  Sections 355.156, 355.157, 355.158, 355.159, and 355.160 do not apply to independent administrations.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.0585 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.0585. Liability of Independent Executor for Payment of a Claim

Sec. 403.0585.   LIABILITY OF INDEPENDENT EXECUTOR FOR PAYMENT OF A CLAIM.  An independent executor, in the administration of an estate, may pay at any time and without personal liability a claim for money against the estate to the extent approved and classified by the independent executor if:(1)  the claim is not barred by limitations; and(2)  at the time of payment, the independent executor reasonably believes the estate will have sufficient assets to pay all claims against the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.059 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.059. Enforcement of Claims by Suit

Sec. 403.059.  ENFORCEMENT OF CLAIMS BY SUIT.  Any person having a debt or claim against the estate may enforce the payment of the same by suit against the independent executor; and, when judgment is recovered against the independent executor, the execution shall run against the estate of the decedent in the possession of the independent executor that is subject to the debt.  The independent executor shall not be required to plead to any suit brought against the executor for money until after six months after the date that an independent administration was created and the order appointing the executor was entered by the probate court.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 403.060 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle I - Independent Administration|Chapter 403 - Exemptions and Allowances; Claims|Subchapter B. Claims|Section 403.060. Requiring Heirs to Give Bond

Sec. 403.060.  REQUIRING HEIRS TO GIVE BOND.  When an independent administration is created and the order appointing an independent executor is entered by the probate court, any person having a debt against the estate may, by written complaint filed in the probate court in which the order was entered, cause all distributees of the estate, heirs at law, and other persons entitled to any portion of the estate under the will, if any, to be cited by personal service to appear before the court and execute a bond for an amount equal to the amount of the creditor's claim or the full value of the estate, as shown by the inventory and list of claims, whichever is smaller.  The bond must be payable to the judge, and the judge's successors, and be approved by the judge, and conditioned that all obligors shall pay all debts that shall be established against the estate in the manner provided by law.  On the return of the citation served, unless a person so entitled to any portion of the estate, or some of them, or some other person for them, shall execute the bond to the satisfaction of the probate court, the estate shall be administered and settled under the direction of the probate court as other estates are required to be settled.  If the bond is executed and approved, the independent administration shall proceed.  Creditors of the estate may sue on the bond, and shall be entitled to judgment on the bond for the amount of their debt, or they may have their action against those in possession of the estate.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.|
TX Est Code § 452.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.001. Duty to Appoint Temporary Administrator

Sec. 452.001.  DUTY TO APPOINT TEMPORARY ADMINISTRATOR.  A judge who determines that the interest of a decedent's estate requires the immediate appointment of a personal representative shall, by written order, appoint a temporary administrator with powers limited as the circumstances of the case require.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.002. Application for Appointment

Sec. 452.002.  APPLICATION FOR APPOINTMENT.  (a)  A person may file with the court clerk a written application for the appointment of a temporary administrator of a decedent's estate under this subchapter.(b)  The application must:(1)  be verified;(2)  include the information required by:(A)  Sections 256.052, 256.053, and 256.054, if the decedent died testate; or(B)  Section 301.052, if the decedent died intestate; and(3)  include an affidavit that:(A)  states the name, address, and interest of the applicant;(B)  states the facts showing an immediate necessity for the appointment of a temporary administrator;(C)  lists the requested powers and duties of the temporary administrator;(D)  states that the applicant is entitled to letters of temporary administration and is not disqualified by law from serving as a temporary administrator; and(E)  describes the property that the applicant believes to be in the decedent's estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.003. Order of Appointment; Requirements

Sec. 452.003.  ORDER OF APPOINTMENT; REQUIREMENTS.  The order appointing a temporary administrator must:(1)  designate the appointee as "temporary administrator" of the decedent's estate;(2)  specify the period of the appointment, which may not exceed 180 days unless the appointment is made permanent under Section 452.008;(3)  define the powers given to the appointee; and(4)  set the amount of bond to be given by the appointee.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.004. Temporary Administrator's Bond

Sec. 452.004.  TEMPORARY ADMINISTRATOR'S BOND.  (a)  In this section, "business day" means a day other than a Saturday, Sunday, or holiday recognized by this state.(b)  Not later than the third business day after the date of the order appointing a temporary administrator, the appointee shall file with the county clerk a bond in the amount ordered by the court.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.005. Issuance of Letters of Temporary Administration

Sec. 452.005.  ISSUANCE OF LETTERS OF TEMPORARY ADMINISTRATION.  Not later than the third day after the date an appointee qualifies as temporary administrator, the county clerk shall issue to the appointee letters of temporary administration that list the powers to be exercised by the appointee as ordered by the court.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.006. Notice of Appointment

Sec. 452.006.  NOTICE OF APPOINTMENT.  (a)  On the date the county clerk issues letters of temporary administration:(1)  the county clerk shall post on the courthouse door a notice of the appointment to all interested persons; and(2)  the appointee shall notify, by certified mail, return receipt requested, the decedent's known heirs of the appointment.(b)  A notice required under Subsection (a) must state that:(1)  an heir or other interested person may request a hearing to contest the appointment not later than the 15th day after the date the letters of temporary administration are issued;(2)  if no contest is made during the period specified by the notice, the appointment continues for the period specified in the order appointing a temporary administrator; and(3)  the court may make the appointment permanent.(c)  The appointee shall file with the court proof of service of the notice required under Subsection (a) in the manner provided by Section 51.103(b)(3).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 11, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 11, eff. September 1, 2021.|
TX Est Code § 452.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.007. Hearing to Contest Appointment

Sec. 452.007.  HEARING TO CONTEST APPOINTMENT.  (a)  A hearing shall be held and a determination made not later than the 10th day after the date an heir or other interested person requests a hearing to contest the appointment of a temporary administrator. If a request is not made on or before the 15th day after the date the letters of temporary administration are issued, the appointment of a temporary administrator continues for the period specified in the order, unless the appointment is made permanent under Section 452.008.(b)  While a contest of the appointment of a temporary administrator is pending, the temporary appointee shall continue to act as administrator of the estate to the extent of the powers given by the appointment.(c)  A court that sets aside a temporary administrator's appointment may require the temporary administrator to prepare and file, under oath, a complete exhibit of the condition of the estate and detail any disposition of the estate property made by the temporary administrator.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.008 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter A. Appointment of Temporary Administrator Generally|Section 452.008. Permanent Appointment

Sec. 452.008.  PERMANENT APPOINTMENT.  At the end of a temporary administrator's period of appointment, the court by written order may make the appointment permanent if the permanent appointment is in the interest of the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 452.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter B. Temporary Administration Pending Contest of a Will or Administration|Section 452.051. Appointment of Temporary Administrator

Sec. 452.051.  APPOINTMENT OF TEMPORARY ADMINISTRATOR.  (a)  If a contest related to probating a will or granting letters testamentary or of administration is pending, the court may appoint a temporary administrator, with powers limited as the circumstances of the case require.(b)  The appointment may continue until the contest is terminated and an executor or administrator with full powers is appointed.(c)  The power of appointment under this section is in addition to the court's power of appointment under Subchapter A.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 44, eff. September 1, 2015.|
TX Est Code § 452.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle J - Additional Matters Relating to the Administration of Certain Estates|Chapter 452 - Temporary Administration of Estates|Subchapter B. Temporary Administration Pending Contest of a Will or Administration|Section 452.052. Additional Powers Regarding Claims

Sec. 452.052.  ADDITIONAL POWERS REGARDING CLAIMS.  (a)  A court that grants temporary administration pending a will contest or a contest on an application for letters of administration may, at any time while the contest is pending, give the temporary administrator all the powers of a permanent administrator regarding claims against the estate.(b)  If the court gives the temporary administrator powers described by Subsection (a), the court and the temporary administrator shall act in the same manner as in permanent administration in matters such as:(1)  approving or disapproving claims;(2)  paying claims; and(3)  selling property to pay claims.(c)  The court shall require a temporary administrator given powers described by Subsection (a) to give bond in the full amount required of a permanent administrator.(d)  This section is cumulative and does not affect the court's right to order a temporary administrator to perform any action described by this section in other cases if the action is necessary or expedient to preserve the estate pending the contest's final determination.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|