Legal Question in Wills and Trusts in Texas
Probate and Notifying Creditors
For unsecured credit card debt, how must creditors be notified? Is the posting of probate notice in a newspaper sufficient or must each credit card company be sent a letter? How long do the creditors have to make a claim? If the court orders a property be sold to satisfy a creditor's claim, who bears the expense of the costs if the estate has no monetary assets?
1 Answer from Attorneys
Re: Probate and Notifying Creditors
Creditors holding unsecured debt should be notified by certified mail. They then have four months within which to file their claim. Unknown creditors are notice by publication, and they have a six-month window within which to file a claim
All expenses are the estate's expenses, unless the administrator has made distribution before all claims have been presented. Under those circumstances, the deficiency may well be personal to the administrator.
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