reglab/housing_qa huggingface dataset:
TX Est Code § 354.057 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates|Subchapter B. Withdrawal From Administration of Certain Estates|Section 354.057. Creditors Entitled to Sue on Bond

Sec. 354.057.  CREDITORS ENTITLED TO SUE ON BOND.  A creditor of an estate withdrawn from administration under Section 354.053 whose debt or claim against the estate is unpaid and not barred by limitation is entitled to:(1)  commence a suit in the person's own name on the bond under Section 354.052; and(2)  obtain a judgment on the bond for the debt or claim the creditor establishes against the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 354.058 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 354 - Summary Proceedings For, or Withdrawal From Administration Of, Certain Estates|Subchapter B. Withdrawal From Administration of Certain Estates|Section 354.058. Creditors May Sue Distributees

Sec. 354.058.  CREDITORS MAY SUE DISTRIBUTEES.  (a)  A creditor of an estate withdrawn from administration under Section 354.053 whose debt or claim against the estate is unpaid and not barred by limitation may sue:(1)  any distributee who has received any of the estate; or(2)  all the distributees jointly.(b)  A distributee is not liable for more than the distributee's just proportion according to the amount of the estate the distributee received in the distribution.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.001. Presentment of Claim to Personal Representative

Sec. 355.001.  PRESENTMENT OF CLAIM TO PERSONAL REPRESENTATIVE.  A claim may be presented to a personal representative of an estate at any time before the estate is closed if suit on the claim has not been barred by the general statutes of limitation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.002. Presentment of Claim to Clerk

Sec. 355.002.  PRESENTMENT OF CLAIM TO CLERK.  (a)  A claim may also be presented by depositing the claim with the clerk with vouchers and the necessary exhibits and affidavit attached to the claim. On receiving a claim deposited under this subsection, the clerk shall advise the personal representative or the representative's attorney of the deposit of the claim by a letter mailed to the representative's last known address.(b)  A claim deposited under Subsection (a) is presumed to be rejected if the personal representative fails to act on the claim on or before the 30th day after the date the claim is deposited.(c)  Failure of the clerk to give the notice required under Subsection (a) does not affect the validity of the presentment or the presumption of rejection because the personal representative does not act on the claim within the 30-day period prescribed by Subsection (b).(d)  The clerk shall enter a claim deposited under Subsection (a) on the claim docket.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.003. Inclusion of Attorney's Fees in Claim

Sec. 355.003.  INCLUSION OF ATTORNEY'S FEES IN CLAIM.  If the instrument evidencing or supporting a claim provides for attorney's fees, the claimant may include as a part of the claim the portion of attorney's fees the claimant has paid or contracted to pay to an attorney to prepare, present, and collect the claim.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.004. Affidavit Authenticating Claim for Money in General

Sec. 355.004.  AFFIDAVIT AUTHENTICATING CLAIM FOR MONEY IN GENERAL.  (a)  Except as provided by Section 355.005, a claim for money against an estate must be supported by an affidavit that states:(1)  that the claim is just;(2)  that all legal offsets, payments, and credits known to the affiant have been allowed; and(3)  if the claim is not founded on a written instrument or account, the facts on which the claim is founded.(b)  A photostatic copy of an exhibit or voucher necessary to prove a claim may be offered with and attached to the claim instead of attaching the original.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.005. Affidavit Authenticating Claim of Corporation or Other Entity

Sec. 355.005.  AFFIDAVIT AUTHENTICATING CLAIM OF CORPORATION OR OTHER ENTITY.  (a)  An authorized officer or representative of a corporation or other entity shall make the affidavit required to authenticate a claim of the corporation or entity.(b)  In an affidavit made by an officer of a corporation, or by an executor, administrator, trustee, assignee, agent, representative, or attorney, it is sufficient to state that the affiant has made diligent inquiry and examination and believes the claim is just and that all legal offsets, payments, and credits made known to the affiant have been allowed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.006 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.006. Lost or Destroyed Evidence Concerning Claim

Sec. 355.006.  LOST OR DESTROYED EVIDENCE CONCERNING CLAIM.  If evidence of a claim is lost or destroyed, the claimant or an authorized representative or agent of the claimant may make an affidavit to the fact of the loss or destruction. The affidavit must state:(1)  the amount, date, and nature of the claim;(2)  the due date of the claim;(3)  that the claim is just;(4)  that all legal offsets, payments, and credits known to the affiant have been allowed; and(5)  that the claimant is still the owner of the claim.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.007 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.007. Waiver of Certain Defects of Form or Claims of Insufficiency

Sec. 355.007.  WAIVER OF CERTAIN DEFECTS OF FORM OR CLAIMS OF INSUFFICIENCY.  A defect of form or a claim of insufficiency of a presented exhibit or voucher is considered waived by the personal representative unless a written objection to the defect or insufficiency is made not later than the 30th day after the date the claim is presented and is filed with the county clerk.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.008 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter A. Presentment of Claims Against Estates in General|Section 355.008. Effect on Statutes of Limitation of Presentment of or Suit on Claim

Sec. 355.008.  EFFECT ON STATUTES OF LIMITATION OF PRESENTMENT OF OR SUIT ON CLAIM.  The general statutes of limitation are tolled on the date:(1)  a claim for money is filed or deposited with the clerk; or(2)  suit is brought against the personal representative of an estate with respect to a claim of the estate that is not required to be presented to the representative.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.051. Allowance or Rejection of Claim

Sec. 355.051.  ALLOWANCE OR REJECTION OF CLAIM.  A personal representative of an estate shall, not later than the 30th day after the date an authenticated claim against the estate is presented to the representative, or deposited with the clerk as provided under Section 355.002, endorse on the claim, attach to the claim, or file with the clerk a memorandum signed by the representative stating:(1)  the date the claim was presented or deposited; and(2)  whether the representative allows or rejects the claim, or if the representative allows or rejects a part of the claim, the portion the representative allows or rejects.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.052. Failure to Timely Allow or Reject Claim

Sec. 355.052.  FAILURE TO TIMELY ALLOW OR REJECT CLAIM.  The failure of a personal representative to timely allow or reject a claim under Section 355.051 constitutes a rejection of the claim.  If the claim is established by suit after that rejection:(1)  the costs shall be taxed against the representative, individually; or(2)  the representative may be removed on the written complaint of any person interested in the claim after personal service of citation, hearing, and proof, as in other cases of removal.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.053. Claim Entered on Claim Docket

Sec. 355.053.  CLAIM ENTERED ON CLAIM DOCKET.  After a claim against an estate has been presented to the personal representative and allowed or rejected, wholly or partly, by the representative, the claim must be filed with the county clerk of the proper county.  The clerk shall enter the claim on the claim docket.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.054. Contest of Claim

Sec. 355.054.  CONTEST OF CLAIM.  (a)  A person interested in an estate may, at any time before the court has acted on a claim, appear and object in writing to the approval of the claim or any part of the claim.(b)  If a person objects under Subsection (a):(1)  the parties are entitled to process for witnesses; and(2)  the court shall hear evidence and render judgment as in ordinary suits.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.055. Court's Action on Claim

Sec. 355.055.  COURT'S ACTION ON CLAIM.  The court shall:(1)  act on each claim that has been allowed and entered on the claim docket for a period of 10 days either approving the claim wholly or partly or disapproving the claim; and(2)  concurrently classify the claim.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.056 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.056. Hearing on Certain Claims

Sec. 355.056.  HEARING ON CERTAIN CLAIMS.  (a)  If a claim is properly authenticated and allowed but the court is not satisfied that the claim is just, the court shall:(1)  examine the claimant and the personal representative under oath; and(2)  hear other evidence necessary to determine the issue.(b)  If after conducting the examination and hearing the evidence under Subsection (a) the court is not convinced that the claim is just, the court shall disapprove the claim.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.057 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.057. Court Order Regarding Action on Claim

Sec. 355.057.  COURT ORDER REGARDING ACTION ON CLAIM.  (a)  The court acting on a claim shall state the exact action taken on the claim, whether the claim is approved or disapproved, or approved in part and disapproved in part, and the classification of the claim by endorsing on or attaching to the claim a written memorandum that is dated and officially signed.(b)  An order under Subsection (a) has the effect of a final judgment.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.058 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.058. Appeal of Court's Action on Claim

Sec. 355.058.  APPEAL OF COURT'S ACTION ON CLAIM.  A claimant or any person interested in an estate who is dissatisfied with the court's action on a claim may appeal the action to the court of appeals in the manner other judgments of the county court in probate matters are appealed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.059 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.059. Allowance and Approval Prohibited Without Affidavit

Sec. 355.059.  ALLOWANCE AND APPROVAL PROHIBITED WITHOUT AFFIDAVIT.  A personal representative of an estate may not allow, and the court may not approve, a claim for money against the estate unless the claim is supported by an affidavit that meets the applicable requirements of Sections 355.004(a) and 355.005.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.060 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.060. Unsecured Claims Barred Under Certain Circumstances

Sec. 355.060.  UNSECURED CLAIMS BARRED UNDER CERTAIN CIRCUMSTANCES.  If a personal representative gives a notice permitted by Section 308.054 to an unsecured creditor for money and the creditor's claim is not presented before the 121st day after the date of receipt of the notice, the claim is barred.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 45, eff. January 1, 2014.|
TX Est Code § 355.061 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.061. Allowing Barred Claim Prohibited: Court Disapproval

Sec. 355.061.  ALLOWING BARRED CLAIM PROHIBITED: COURT DISAPPROVAL.  (a)  A personal representative may not allow a claim for money against a decedent or the decedent's estate if a suit on the claim is barred:(1)  under Section 355.060, 355.064, or 355.201(b); or(2)  by an applicable general statute of limitation.(b)  A claim for money that is allowed by the personal representative shall be disapproved if the court is satisfied that the claim is barred, including because the limitation has run.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.062 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.062. Certain Actions on Claims With Lost or Destroyed Evidence Void

Sec. 355.062.  CERTAIN ACTIONS ON CLAIMS WITH LOST OR DESTROYED EVIDENCE VOID.  (a)  Before a claim the evidence for which is lost or destroyed is approved, the claim must be proved by disinterested testimony taken in open court or by oral or written deposition.(b)  The allowance or approval of a claim the evidence for which is lost or destroyed is void if the claim is:(1)  allowed or approved without the affidavit under Section 355.006; or(2)  approved without satisfactory proof.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.063 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.063. Claims Not Allowed After Order for Partition and Distribution

Sec. 355.063.  CLAIMS NOT ALLOWED AFTER ORDER FOR PARTITION AND DISTRIBUTION.  After an order for final partition and distribution of an estate has been made:(1)  a claim for money against the estate may not be allowed by a personal representative;(2)  a suit may not be commenced against the representative on a claim for money against the estate; and(3)  the owner of any claim that is not barred by the laws of limitation has a right of action on the claim against the heirs, devisees, or creditors of the estate, limited to the value of the property received by those heirs, devisees, or creditors in distributions from the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.064 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.064. Suit on Rejected Claim

Sec. 355.064.  SUIT ON REJECTED CLAIM.  (a)  A claim or part of a claim that has been rejected by the personal representative is barred unless not later than the 90th day after the date of rejection the claimant commences suit on the claim in the court of original probate jurisdiction in which the estate is pending.(b)  In a suit commenced on the rejected claim, the memorandum endorsed on or attached to the claim, or any other memorandum of rejection filed with respect to the claim, is taken to be true without further proof unless denied under oath.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.065 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.065. Presentment of Claim Prerequisite for Judgment

Sec. 355.065.  PRESENTMENT OF CLAIM PREREQUISITE FOR JUDGMENT.  A judgment may not be rendered in favor of a claimant on a claim for money that has not been:(1)  legally presented to the personal representative of an estate; and(2)  wholly or partly rejected by the representative or disapproved 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 § 355.066 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter B. Action on Claims|Section 355.066. Judgment in Suit on Rejected Claim

Sec. 355.066.  JUDGMENT IN SUIT ON REJECTED CLAIM.  No execution may issue on a rejected claim or part of a claim that is established by suit.  The judgment in the suit shall be:(1)  filed in the court in which the estate is pending;(2)  entered on the claim docket;(3)  classified by the court; and(4)  handled as if originally allowed and approved in due course of administration.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter C. Payment of Claims, Allowances, and Expenses|Section 355.101. Approval or Establishment of Claim Required for Payment

Sec. 355.101.  APPROVAL OR ESTABLISHMENT OF CLAIM REQUIRED FOR PAYMENT.  A claim or any part of a claim for money against an estate may not be paid until the claim or part of the claim has been approved by the court or established by the judgment of a court of competent jurisdiction.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 355.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle H - Continuation of Administration|Chapter 355 - Presentment and Payment of Claims|Subchapter C. Payment of Claims, Allowances, and Expenses|Section 355.103. Priority of Certain Payments

Sec. 355.103.  PRIORITY OF CERTAIN PAYMENTS.  When a personal representative has estate funds in the representative's possession, the representative shall pay in the following order:(1)  funeral expenses in an amount not to exceed $15,000 and expenses of the decedent's last illness in an amount not to exceed $15,000;(2)  allowances made to the decedent's surviving spouse and children, or to either the surviving spouse or children;(3)  expenses of administration and expenses incurred in preserving, safekeeping, and managing the estate; and(4)  other claims against the estate in the order of the claims' classifications.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 27, eff. September 1, 2019.|