I have procedural questions for a claim already filed in Houston TX probate court.

Asked almost 2 years ago - Houston, TX

Probate court sent letter to executor to review claim.

1. Can I contact the executor directly to discuss the claim? The executor has been sent the same packet of information that was sent to probate.
2, I am told if the executor does not respond then the claim is denied in 30 days. I was told I am then allowed to file a lawsuit? Would it not serve me better to contact the executor prior to directly plea my case.
3. Will the claim ever be paid as a partial claim....or will it be approved or denied in whole.

Attorney answers (4)

  1. Contributor Level 13


    Lawyers agree

    Answered . Yes, you may contact the executor - or more appropriately, the executor's attorney to discuss settlement options prior to the end of the 30-day period. However, I would not recommend making an ly statements that would be deemed to threaten or harass the executor.

    NOTICE: The foregoing is provided for general informational purposes only and is not intended to create, and... more
  2. Contributor Level 11


    Lawyers agree

    Answered . As a Creditor you can always contact the Executor or their attorney to discuss settlement options. Just remember you must afford them the same rights as required by the collection laws.

    As to what to do, it would require further information. If your loan is guaranteed by some asset, then you are a secured creditor. Your debt has priority but only as to the collateral asset.

    If you are not a secured creditor, then you have a certain timeline that could barr your claim if you do not take the appropriate actions in a timely manner. After receiving notice of death, a creditor can file a claim against the deceased's estate at any time while the probate remains open. The claim must be filed in the court the probate is pending. The executor/administrator can outright deny the claim. If the executor/administrator does nothing then the claim is deemed denied within 30 days. Once it is deemed denied you have a limited amount of time to file suit or your claim is FOREVER barred.

    I suggest you contact an estate planning attorney as many of them will represent creditors in the probate process.

    Good luck!

  3. Contributor Level 8


    Lawyer agrees

    Answered . 1. You will certainly want to contact the executor's attorney to discuss any possible settlement.

    2. If you have a valid claim, you may file suit on the bond (if any was required) under Texas Probate Code, Sec. 268. If there was no bond posted, then you will want to file suit against the beneficiaries who received a portion of the estate. You can sue just one, but depending on the size of the claim, you may want to file against more than one. This can be done under Texas Probate Code, Sec. 269. Keep in mind that each distributee you sue will only be liable for his or her proportion (3 equal beneficiaries, each beneficiary only liable for 1/3 of your claim).

    3. You will need to prove in Court how much the estate was liable for. It isn't all or nothing. If the Court finds that you are owed some amount, but not necessarily all of it, they will award that as judgment. Once judgment is given you may have to sue them again on the judgment, just like any other debt collector. Keep in mind, Texas is very debtor friendly. Just because you may be awarded a judgment doesn't necessarily mean you will get the money.

  4. Contributor Level 10

    Answered . One question that has not been asked that is very important is whether this is a dependent or independent administration. The claims procedures as discussed by my colleagues above do not even apply to independent administrations. Therefore, if it is an independent administration, the filing of the claim does not start any limitation issues. However, if it is a dependent administration, then the claim is deemed denied if not accepted within 30 days. If the claim is denied either outright by the administrator/executor or by not accepting within 30 days, then you have 90 days to sue. If you don't, then you are barred from pursuing.

    If it is an independent administration, then the executor/administrator can send you a 294(d) permissive notice, then you have 120 days to respond or the claim is barred. If you do not receive any permissive notice, then you claim is subject to the normal statute of limitations.

    The information contained in this response is provided as a service and does not constitute legal advice. As... more

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