Texas Estates Code 301.201 – Method of Preventing Administration Requested by Creditor
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(a) If a creditor files an application for letters of administration of an estate, another interested person who does not desire the administration can defeat the application by:
(1) paying the creditor’s claim;
(2) proving to the court‘s satisfaction that the creditor’s claim is fictitious, fraudulent, illegal, or barred by limitation; or
(3) executing a bond that is:
(A) payable to, and to be approved by, the judge in an amount that is twice the amount of the creditor’s claim; and
(B) conditioned on the obligors paying the claim on the establishment of the claim by suit in any court in the county having jurisdiction of the amount.
(b) A bond executed and approved under Subsection (a)(3) must be filed with the county clerk.
Terms Used In Texas Estates Code 301.201
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027