Tex. Est. Code § 355.151 · Subchapter D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY
OPTION TO TREAT CLAIM AS MATURED SECURED CLAIM OR PREFERRED DEBT AND LIEN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If a secured claim for money against an estate is presented, the claimant shall specify in the claim, in addition to all other matters required to be specified in the claim, whether the claimant desires to have the claim:
(1) allowed and approved as a matured secured claim to be paid in due course of administration, in which case the claim shall be paid in that manner if allowed and approved; or
(2) allowed, approved, and fixed as a preferred debt and lien against the specific property securing the indebtedness and paid according to the terms of the contract that secured the lien, in which case the claim shall be so allowed and approved if it is a valid lien.
(b) Notwithstanding Subsection (a)(2), the personal representative may pay a claim that the claimant desired to have allowed, approved, and fixed as a preferred debt and lien as described by Subsection (a)(2) before maturity if that payment is in the best interest of the estate.
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.355.htm
- Text hash
- sha256 53599d3fadd3b9ab2b7a864ef55407823f9840e25d2749996e24cee1aeb95c1b
- 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 8 provisions
Provisions in this library whose text cites Tex. Est. Code § 355.151. 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 355.151
- Tex. Est. Code § 355.102CLAIMS CLASSIFICATION; PRIORITY OF PAYMENT.Printed as Section 355.151(a)(1)
- Tex. Est. Code § 355.152PERIOD FOR SPECIFYING TREATMENT OF SECURED CLAIM.Printed as Section 355.151 | Section 355.151(a)(1) | Section 355.151(a)(2)
- Tex. Est. Code § 355.153PAYMENT OF MATURED SECURED CLAIM.Printed as Section 355.151(a)(1)
- Tex. Est. Code § 355.154PREFERRED DEBT AND LIEN.Printed as Section 355.151(a)(2)
- Tex. Est. Code § 355.155PAYMENT OF MATURITIES ON PREFERRED DEBT AND LIEN.Printed as Section 355.151(a)(2)
- Tex. Est. Code § 355.1551CLAIM HOLDER DUTY TO POSSESS OR SELL WITHIN REASONABLE TIME.Printed as Section 355.151(a)(2)
- Tex. Est. Code § 355.156AFFIDAVIT REQUIRED FOR FORECLOSURE.Printed as Section 355.151(a)(2)
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.