Houston Estate Planning and Elder Law Attorney Blog
Facing probate creditors while grieving tests even the calmest families. Some collectors call daily, others file aggressive lawsuits, and a few slip inflated invoices into the mailbox. As personal representative, you guard heirs from those tactics. By mastering Texas claim priorities and using the tools the Estates Code provides, you keep legitimate debts paid and shield beneficiaries from unjust demands.
Know the Statutory Pecking Order
Texas classifies debts into categories—administration costs, secured claims, funeral expenses, and so on. You must pay them in order, or a lower-priority creditor may sue you personally. Learning this ladder helps you stretch limited cash and avoid court sanctions. Most heirs never see this list, so your early explanation builds trust and lowers stress.
Confirm Debts before Cutting Checks
Collectors sometimes chase accounts already settled or outside the statute of limitations. Before writing a check, request written verification, original contracts, and payoff figures. Texas gives you thirty days to approve or reject a claim after presentation. Use that window to compare the paperwork against the ledger. Reject any claim that lacks evidence, then mail a certified notice so the deadline to sue the estate starts ticking.
Use Exempt Property and Allowances
The Estates Code shields the homestead, one vehicle per family, and certain personal items from most creditor reach. You can also request a family allowance for one year of living expenses. Designating property as exempt removes it from the pool creditors divide, preserving key assets for spouses and children. Filing the exemption inventory early blocks collectors who might otherwise place liens on valuable household goods.
Communicate without Encouraging Harassment
Creditors may call heirs directly, hoping emotion overrides caution. Provide a single point of contact—usually you—to stop that pressure. When collectors phone, insist on written correspondence and log each attempt. If harassment continues, send a cease-communication letter referencing federal and state debt-collection statutes. Clear boundaries show heirs you control the process and discourage abusive tactics.
Deadlines that Work in Your Favor
In Texas, unsecured creditors have four months from publication of notice to file claims. Missing the window bars most lawsuits. Publish promptly in a Dallas County newspaper, keep proof of publication, and calendar the deadline. After it expires, you can distribute remaining assets with confidence, knowing late claims hold little power.
Turn Defense into Peace of Mind
By following these steps, you transform probate from a creditor-led scramble into a predictable schedule. Heirs watch you handle each demand calmly and fairly, strengthening family unity and reducing legal costs. Professional guidance tightens your shield even further.
Shield your family’s inheritance from aggressive collectors by contacting McCulloch & Miller, PLLC at 713-333-8900—your first call toward creditor-proof probate.