Texas Estates Code 354.057 – Creditors Entitled to Sue On Bond
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Terms Used In Texas Estates Code 354.057
- 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 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
A creditor of an estate withdrawn from administration under Section 354.053 whose debt or claim against the estate is unpaid and not barred by limitation is entitled to:
(1) commence a suit in the person‘s own name on the bond under Section 354.052; and
(2) obtain a judgment on the bond for the debt or claim the creditor establishes against the estate.