If the claim is not founded on a written instrument or account, it must state the facts on which it is founded. If the evidence of the claim has been lost or destroyed, the claim must attest to the loss or destruction and must be proved by testimony in open court or by oral or written deposition. Tex. Est. Code §§ 1157.004, 1157.006.
[Caption. See § 3 of the Introduction in this manual.]
Claim of [name of claimant]
[Name of affiant] appeared in person before me today and stated under oath:
“My name is [name of affiant]. I am competent to make this affidavit. The facts stated within this affidavit are within my personal knowledge and are true and correct.
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If the claimant is a corporation, include the following sentence. |
“I am the [specify title] of the corporation doing business as [name of corporation].
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Continue with the following. |
“The claim of [name of claimant] for [describe services] rendered to the estate of [name of ward], an incapacitated person, and expenses incurred in connection with providing the services in accordance with the statement of [name of claimant], dated [date], are in the total amount of $[amount]. A true and correct copy of the claim is attached as Exhibit [exhibit number/letter] and incorporated by reference.
“I have made a diligent inquiry and examination of the claim.
“The claim is just, and all legal offsets, payments, and credits known to me have been allowed.
“I have authority to make this claim on behalf of [name of claimant].”
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas
Memorandum of Allowance of Claim
The foregoing claim of [name of claimant] [was presented to me as guardian of the estate of [name of ward], an incapacitated person/was filed with the county clerk of [county] County, Texas] on [date], and, after having been examined by me, the claim was found to be in compliance with the provisions of section 1157.004 of the Texas Estates Code, and to the best of my knowledge and belief this claim is proper and constitutes a valid obligation against [name of ward]’s estate. This claim is allowed by me as guardian of the estate on [date].
Guardian
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Attach exhibit(s). |