Texas § ES.308.053 - REQUIRED NOTICE TO SECURED CREDITOR

§ ES.308.053. REQUIRED NOTICE TO SECURED CREDITOR

REQUIRED NOTICE TO SECURED CREDITOR. (a) Within two months after receiving letters testamentary or of administration, a personal representative of an estate shall give notice of the issuance of the letters to each person the representative knows to have a claim for money against the estate that is secured by estate property. (b) Within a reasonable period after a personal representative obtains actual knowledge of the existence of a person who has a secured claim for money against the estate and to whom notice was not previously given, the representative shall give notice to the person of the issuance of the letters testamentary or of administration. (c) Notice provided under this section must be: (1) sent by a qualified delivery method; and (2) addressed to the record holder of the claim at the record holder's last known post office address. (d) The following shall be filed with the clerk of the court in which the letters testamentary or of administration were issued: (1) a copy of each notice and of each return receipt or other proof of delivery receipt; and (2) the personal representative's affidavit stating: (A) that the notice was sent as required by law; and (B) the name of the person to whom the notice was sent, if that name is not shown on the notice or receipt. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 30, eff. September 1, 2023.