Detailed Answer
Under Texas law, a claimant may rely on the two-year statute of limitations for estate claims only if the personal representative properly notified creditors at the start of administration. To verify compliance, your first step is to obtain a certified copy of the probate file from the county probate court where the original estate was administered. That file will contain all documents evidencing notice to creditors.
Key Documents to Review
- Letters Testamentary or Letters of Administration
These show the date administration began and reference the estate’s cause number. - Notice to Creditors (Tex. Est. Code § 309.052)
Requires publication once a week for two weeks in a county newspaper and mailing to known creditors. See https://statutes.capitol.texas.gov/Docs/ES/htm/ES.309.htm#309.052. - Affidavit of Publication (Tex. Est. Code § 309.054)
Filed by the publisher to prove the notice ran as required. See https://statutes.capitol.texas.gov/Docs/ES/htm/ES.309.htm#309.054. - Affidavit of Mailing
Personal representative’s sworn statement showing notices were mailed to every known creditor at their last known address. - List of Known Creditors
Attached to the administration application, this lists names and addresses of creditors the representative identified.
How to Access the Probate File
- Visit the probate clerk’s office (or its online portal) in the county where the estate was opened.
- Request a certified copy of the entire administration packet using the estate’s cause number.
- Examine the file-stamped affidavits of publication and mailing for date stamps, notarizations, and completeness.
When Proof Is Missing
If you do not find proper affidavits, notice may not have complied with Texas Estates Code. Without valid notice, the two-year bar may not apply, and creditors could still bring claims. In that case, you can:
- File a motion in probate court to require the personal representative to produce proof of notice.
- Serve notice on unknown creditors if you intend to close the estate or distribute assets.
- Consult a probate attorney to assess whether reopening the estate is necessary.
Statutory References
- Tex. Est. Code § 309.052 (Method of Giving Notice): statutes.capitol.texas.gov
- Tex. Est. Code § 309.054 (Proof of Notice): statutes.capitol.texas.gov
- Tex. Est. Code § 355.101 (Presentment of Claims): statutes.capitol.texas.gov
Helpful Hints
- Check the probate court’s online docket for date-stamped filings.
- Order certified copies of all notice-related affidavits and letters.
- Review local newspaper archives if an affidavit of publication is missing.
- Contact the former personal representative or their counsel for original mailing records.
- Consider a title opinion or probate opinion letter if third parties will rely on the two-year bar.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.