BRIEF: Can any creditor file probate for an intestate or must it be a secured creditor?

Usually the will is filed for probate by the person nominated as Executor. If that has not happened, the Probate Code allows “any interested person” to initiate the probate proceedings. An “interested person” includes heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered. Hence, any creditor, secured or unsecured, has standing to initiate a probate.

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Paul Premack, 2019-2020 President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) is *Certified as an Elder Law Attorney ( CELA ) by the National Elder Law Foundation as accredited by the Texas Board of Legal Specialization and the ABA. He is licensed to practice law in Texas and in Washington State, and handles San Antonio Probate and Bexar County Probate, Wills, Living Trusts, Estate Planning, and writes the legal column for the San Antonio Express News.

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