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 Texas Statutes (Last Updated: January 4, 2014)
 ESTATES CODE
 Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
 Subtitle G. INITIAL APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION
 Chapter 301. APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION  
 Subchapter E. PREVENTION OF ADMINISTRATION  

Sec. 301.201. METHOD OF PREVENTING ADMINISTRATION REQUESTED BY CREDITOR    

Latest version.

  • (a) If a creditor files an application for letters of administration of an estate, another interested person who does not desire the administration can defeat the application by:

    (1) paying the creditor's claim;

    (2) proving to the court's satisfaction that the creditor's claim is fictitious, fraudulent, illegal, or barred by limitation; or

    (3) executing a bond that is:

    (A) payable to, and to be approved by, the judge in an amount that is twice the amount of the creditor's claim; and

    (B) conditioned on the obligors paying the claim on the establishment of the claim by suit in any court in the county having jurisdiction of the amount.

    (b) A bond executed and approved under Subsection (a)(3) must be filed with the county clerk.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014.