Sec. 317. CLAIMS BY PERSONAL REPRESENTATIVES    


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  • (a) By Executors or Administrators. The foregoing provisions of this Code relative to the presentation of claims against an estate shall not be construed to apply to any claim of a personal representative against the testator or intestate; but a personal representative holding such claim shall file the same in the court granting the letters, verified by affidavit as required in other cases, within six months after the representative has qualified, or such claim shall be barred.

    (b) Action on Such Claims. When a claim by a personal representative has been filed with the court within the required time, such claim shall be entered upon the claim docket and acted upon by the court in the same manner as in other cases, and, when the claim has been acted upon by the court, an appeal from the judgment of the court may be taken as in other cases.

    (c) Provisions Not Applicable to Certain Claims. The foregoing provisions relative to the presentment of claims shall not be so construed as to apply to a claim:

    (1) of any heir, devisee, or legatee who claims in such capacity;

    (2) that accrues against the estate after the granting of letters for which the representative of the estate has contracted; or

    (3) for delinquent ad valorem taxes against a decedent's estate that is being administered in probate in:

    (A) a county other than the county in which the taxes were imposed; or

    (B) the same county in which the taxes were imposed, if the probate proceedings have been pending for more than four years.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 54, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1054, Sec. 19, eff. Jan. 1, 1996; Acts 1999, 76th Leg., ch. 1481, Sec. 37, eff; Sept; 1, 1999.