Creditors

• Author: Keith Branyon
• Pages: 421-448

CREDITORS

12-1

CHAPTER 12

CREDITORS

I. GENERAL POINTS

§12:01 The Claims Process Is Confusing

§12:02 Def‌inition of a “Claim”

§12:03 Pursuing a Claim

II. NOTICES TO CREDITORS

§12:10 General Points

§12:11 Mandatory Published Notice to All Creditors

§12:12 Mandatory Mailed Notice to Secured Creditors

§12:13 Permissive Notice to Unsecured Creditors

III. FILING THE CLAIM

A. Dependent Administration

§12:20 Filing by Unsecured Creditors

§12:21 Filing by Secured Creditors

B. Independent Administration

§12:30 Claims Must Match Those Filed in Dependent Administrations

§12:31 Claims by Unsecured Creditors After §308.051 Notice

§12:32 Claims by Unsecured Creditors After §308.054 Notice

§12:33 Claims by Secured Creditors

IV. ACTION ON THE CLAIM

A. Dependent Administration

§12:40 Personal Representative Must Allow, Reject, or Object

§12:41 Allowance of a Claim by the Personal Representative

§12:42 Rejection of a Claim by the Personal Representative

§12:43 Objections to a Claim by the Personal Representative

B. Independent Administration

§12:50 Independent Administrator Acts Without Court Involvement

V. PAYING THE CLAIM

A. Dependent Administration

§12:60 Applying for an Order for Payment

§12:61 Requiring a Report on the Condition of the Estate

B. Independent Administration

§12:70 Administrator Has Discretion Regarding Payment

§12:71 Secured Creditor Remedies

CREDITORS

Texas Probate Forms & Procedures 12-2

VI. EXEMPT PROPERTY AND ALLOWANCES

A. Dependent Administration

§12:80 Court Ordered Set-Asides

§12:81 Applying for a Set-Aside Before Inventory Is Approved

B. Independent Administration

§12:90 Independent Executor Acts Without Court Involvement

§12:91 Real Property Set-Asides

VII. FORMS

Form 12-1 Mandatory Notice to Creditors (General Notice)

Form 12-2 Mandatory Notice to Secured Creditor

Form 12-3 Permissive Notice to Unsecured Creditor (Dependent Administration)

Form 12-4 Permissive Notice to Unsecured Creditor (Independent Administration)

Form 12-5 Authenticated [“Secured” or “Unsecured”] Claim for Money

Form 12-6 Administrator’s Action on Claim

Form 12-7 Proposed Court Order Approving and Classifying Claim

Form 12-8 Application to Allow Payment of Claim

Form 12-9 Order Directing Payment of Claim

Form 12-10 Request for Designation of Probate Homestead and Other Exempt Property

Form 12-11 Order Designating Probate Homestead and Other Exempt Property

(for Dependent Administrations Only)

Form 12-12 Designation of Probate Homestead and Other Exempt Property by Independent Executor