bill for a standard estate creditor claim form

The text as introduced · 743 words

90R387 KFF-D

By: Garcia Hernandez
H.B. No. 532

A BILL TO BE ENTITLED

AN ACT

relating to the promulgation and provision of a form that may be

used to provide notice to an unsecured creditor or present certain

unsecured claims against the estate of a decedent.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 308.054(b), Estates Code, is amended to

read as follows:

(b) Notice given under Subsection (a) must:

(1) expressly state that the creditor must present the

claim before the 121st day 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; [ and ]

(2) include:

(A) the date the letters testamentary or of

administration held by the personal representative were issued to

the representative;

(B) the address to which the claim may be

presented; [ and ]

(C) an instruction of the representative's

choice that the claim be addressed in care of:

(i) the representative;

(ii) the representative's attorney; or

(iii) "Representative, Estate of _______"

(naming the estate) ; and

(D) a statement that the creditor may present the

creditor's claim:

(i) in a manner that complies with the

applicable requirements of Sections 355.004 and 355.005 and

Subchapter B, Chapter 403; or

(ii) by completing and returning the claim

form enclosed under Subdivision (3); and

(3) enclose a blank claim form that, when completed,

satisfies the applicable requirements of Sections 355.004 and

355.005 and Subchapter B, Chapter 403 .

SECTION 2. Section 403.051(b), Estates Code, is amended to

read as follows:

(b) To be effective, the notice prescribed under Subsection

(a)(2) must include, in addition to the other information required

by Section 308.054, a statement that a claim may be effectively

presented by [ only ] one of the methods prescribed by this

subchapter or by completing and returning the claim form enclosed

under Section 308.054(b)(3) .

SECTION 3. Section 403.055, Estates Code, is amended to

read as follows:

Sec. 403.055. CERTAIN UNSECURED CLAIMS; BARRING OF CLAIMS.

(a) An unsecured creditor who has a claim for money against an

estate and who receives a notice under Section 308.054 shall give to

the independent executor notice of the nature and amount of the

claim before the 121st day after the date the notice is received or

the claim is barred.

(b) A creditor who completes and returns to the independent

executor the claim form enclosed with a notice given under Section

308.054(b)(3) before the 121st day after the date the notice is

received is considered to have given notice of the nature and amount

of the claim in compliance with this section and Section 403.056.

SECTION 4. Section 22.020(b), Government Code, is amended

to read as follows:

(b) The supreme court shall, as the court considers

appropriate, promulgate:

(1) forms for use by individuals representing

themselves in certain probate matters, including forms for use in:

(A) a small estate affidavit proceeding under

Chapter 205, Estates Code; and

(B) the probate of a will as a muniment of title

under Chapter 257, Estates Code;

(2) a simple will form for:

(A) a married individual with an adult child;

(B) a married individual with a minor child;

(C) a married individual with no children;

(D) an unmarried individual with an adult child;

(E) an unmarried individual with a minor child;

and

(F) an unmarried individual with no children;

(2-a) a form for use to create a transfer on death deed

and a form for use to create an instrument of revocation of a

transfer on death deed under Chapter 114, Estates Code;

(2-b) a form that may be used by:

(A) a personal representative in providing

notice to an unsecured creditor under Section 308.054, Estates

Code; or

(B) an unsecured creditor to give notice and

present a claim in response to the notice provided under Section

308.054, Estates Code; and

(3) instructions for the proper use of each form or set

of forms.

SECTION 5. The changes in law made by this Act apply only to

the estate of a decedent who dies on or after the effective date of

this Act. The estate of a decedent who dies before the effective

date of this Act is governed by the law in effect on the date of the

decedent's death, and the former law is continued in effect for that

purpose.

SECTION 6. This Act takes effect September 1, 2027.