Sec. 294. NOTICE BY REPRESENTATIVE OF APPOINTMENT    


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  • (a) Giving of Notice Required. Within one month after receiving letters, personal representatives of estates shall send to the comptroller of public accounts by certified or registered mail if the decedent remitted or should have remitted taxes administered by the comptroller of public accounts and publish in some newspaper, printed in the county where the letters were issued, if there be one, a notice requiring all persons having claims against the estate being administered to present the same within the time prescribed by law. The notice shall include the date of issuance of letters held by the representative, the address to which claims may be presented, and an instruction of the representative's choice that claims be addressed in care of the representative, in care of the representative's attorney, or in care of "Representative, Estate of __________" (naming the estate).

    (b) Proof of Publication. A copy of such printed notice, together with the affidavit of the publisher, duly sworn to and subscribed before a proper officer, to the effect that the notice was published as provided in this Code for the service of citation or notice by publication, shall be filed in the court where the cause is pending.

    (c) When No Newspaper Printed in the County. When no newspaper is printed in the county, the notice shall be posted and the return made and filed as required by this Code.

    (d) Permissive Notice to Unsecured Creditors. At any time before an estate administration is closed, the personal representative may give notice by certified or registered mail, with return receipt requested, to an unsecured creditor having a claim for money against the estate expressly stating that the creditor must present a claim within four months after the date of the receipt of the notice or the claim is barred, if the claim is not barred by the general statutes of limitation. The notice must include:

    (1) the dates of issuance of letters held by the representative;

    (2) the address to which claims may be presented; and

    (3) an instruction of the representative's choice that the claim be addressed in care of:

    (A) the representative;

    (B) the representative's attorney; or

    (C) "Representative, Estate of " (naming the estate).

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1981, 67th Leg., p. 243, ch. 102, Sec. 9, eff. Aug. 31, 1981; Acts 1991, 72nd Leg., ch. 464, Sec. 1, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 1054, Sec. 2, eff. Jan. 1, 1996.