Tex. Est. Code § 355.153 · Subchapter D. PRESENTMENT AND PAYMENT OF SECURED CLAIMS FOR MONEY
PAYMENT OF MATURED SECURED CLAIM.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A claim allowed and approved as a matured secured claim under Section 355.151(a)(1) shall be paid in due course of administration, and the secured creditor is not entitled to exercise any other remedy in a manner that prevents the preferential payment of claims and allowances described by Sections 355.103(1), (2), and (3).
(b) If a claim is allowed and approved as a matured secured claim under Section 355.151(a)(1) for a debt that would otherwise pass with the property securing the debt to one or more devisees in accordance with Section 255.301, the personal representative shall:
(1) collect from the devisees the amount of the debt; and
(2) pay that amount to the claimant in satisfaction of the claim.
(c) Each devisee's share of the debt under Subsection (b) is an amount equal to a fraction representing the devisee's ownership interest in the property securing the debt, multiplied by the amount of the debt.
(d) If the personal representative is unable to collect from the devisees an amount sufficient to pay the debt under Subsection (b), the representative shall, subject to Chapter 356, sell the property securing the debt. The representative shall:
(1) use the sale proceeds to pay the debt and any expenses associated with the sale; and
(2) distribute the remaining sale proceeds to each devisee in an amount equal to a fraction representing the devisee's ownership interest in the property, multiplied by the amount of the remaining sale proceeds.
(e) If the sale proceeds under Subsection (d) are insufficient to pay the debt and any expenses associated with the sale, the difference between the sale proceeds and the sum of the amount of the debt and the expenses associated with the sale shall be paid in the manner prescribed by Subsection (a).
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 8e6692ef00ae3ae32bebd2b53b4fec635dd8cfd497783a19e0f44b7bcda1aa91
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code § 255.301NO RIGHT TO EXONERATION OF DEBTS.Printed as Section 255.301
- Tex. Est. Code § 355.103PRIORITY OF CERTAIN PAYMENTS.Printed as Sections 355.103(1)
- Tex. Est. Code § 355.151OPTION TO TREAT CLAIM AS MATURED SECURED CLAIM OR PREFERRED DEBT AND LIEN.Printed as Section 355.151(a)(1)
- Tex. Est. Code ch. 356SALE OF ESTATE PROPERTYPrinted as Chapter 356
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 355.153. 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 355.153
- Tex. Est. Code § 255.303RIGHTS OF CERTAIN CREDITORS AND OTHER PERSONS.Printed as Sections 355.153(b)
- Tex. Est. Code § 403.053MATURED SECURED CLAIMS.Printed as Sections 355.153(b)
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.