Sec. 295. NOTICE TO HOLDERS OF SECURED CLAIMS    


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  • (a) When notice required for secured claimants. Within two months after receiving letters, the personal representative of an estate shall give notice of the issuance of such letters to each and every person known to the personal representative to have a claim for money against the estate of a decedent that is secured by real or personal property of the estate. Within a reasonable time after the personal representative obtains actual knowledge of the existence of a person having a secured claim for money and to whom notice was not previously given, the personal representative shall give notice to the person of the issuance of letters.

    (b) How notice shall be given. The notice stating the original grant of letters shall be given by mailing same by certified or registered mail, with return receipt requested, addressed to the record holder of such indebtedness or claim at the record holder's last known post office address.

    (c) Proof of service of notice. A copy of each notice required by Subsection (a) of this section and a copy of the return receipt and an affidavit of the representative, stating that said notice was mailed as required by law, giving the name of the person to whom the notice was mailed, if not shown on the notice or receipt, shall be filed with the clerk of the court from which letters were issued.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1987, 70th Leg., ch. 461, Sec. 1, eff. Sept. 1, 1987; Acts 1991, 72nd Leg., ch. 895, Sec. 13, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 957, Sec. 46, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1054, Sec. 3, eff. Jan. 1, 1996.