Tex. Est. Code § 308.053 · Subchapter B. NOTICE TO CLAIMANTS
REQUIRED NOTICE TO SECURED CREDITOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Within two months after receiving letters testamentary or of administration, a personal representative of an estate shall give notice of the issuance of the letters to each person the representative knows to have a claim for money against the estate that is secured by estate property.
(b) Within a reasonable period after a personal representative obtains actual knowledge of the existence of a person who has a secured claim for money against the estate and to whom notice was not previously given, the representative shall give notice to the person of the issuance of the letters testamentary or of administration.
(c) Notice provided under this section must be:
(1) sent by a qualified delivery method; and
(2) addressed to the record holder of the claim at the record holder's last known post office address.
(d) The following shall be filed with the clerk of the court in which the letters testamentary or of administration were issued:
(1) a copy of each notice and of each return receipt or other proof of delivery receipt; and
(2) the personal representative's affidavit stating:
(A) that the notice was sent as required by law; and
(B) the name of the person to whom the notice was sent, if that name is not shown on the notice or receipt.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 30, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.308.htm
- Text hash
- sha256 03f2115b467282f18ef94e92a9a046559c06f51d341d5a48f4b0a72318285afa
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 6 provisions
Provisions in this library whose text cites Tex. Est. Code § 308.053. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 114.104TRANSFER ON DEATH DEED PROPERTY SUBJECT TO LIENS AND ENCUMBRANCES AT TRANSFEROR'S DEATH; CREDITORS' CLAIMS.Printed as Section 308.053
- Tex. Est. Code § 308.055ONE NOTICE SUFFICIENT.Printed as Section 308.051 or 308.053
- Tex. Est. Code § 308.056LIABILITY FOR FAILURE TO GIVE REQUIRED NOTICE.Printed as Section 308.051 or 308.053
- Tex. Est. Code § 355.152PERIOD FOR SPECIFYING TREATMENT OF SECURED CLAIM.Printed as Section 308.053
- Tex. Est. Code § 403.051DUTY OF INDEPENDENT EXECUTOR.Printed as Sections 308.051 and 308.053
- Tex. Est. Code § 403.052SECURED CLAIMS FOR MONEY.Printed as Section 308.053
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.