Estates Code › Title 2 › Chapter 355 › Subchapter C

Texas Estates Code § 355.108

Payment When Assets Insufficient to Pay Claims of Same Class

Presentment and Payment of Claims · Payment of Claims, Allowances, and Expenses

(a) If there are insufficient assets to pay all claims of the same class, other than secured claims for money, the claims in that class shall be paid pro rata, as directed by the court, and in the order directed.

(b) A personal representative may not be allowed to pay a claim under Subsection (a) other than with the pro rata amount of the estate funds that have come into the representative's possession, regardless of whether the estate is solvent or insolvent.

Official text of the Texas Estates Code as published by the Texas Legislative Council.

Official source
Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.