Independent Executor's Failure to File a Claim In Time
In Deane v. Driscoll, 56 S.W.2d 503 (Tex.Civ.App.--San Antonio 1933, writ dismissed), the court addressed whether an independent executor's failure to file a claim within the period prescribed by article 3526 of the Revised Civil Statutes (1925) bars the claim.
Article 3526 is progenitor to, and is worded nearly identically to, today's 317.
The San Antonio court concluded that the probate court has no authority to approve or disapprove independent executor claims, and any action the probate court might take would be futile; therefore, "no purpose would be served by requiring such claims be filed in the probate court." Id. at 504.
Thus, because independent executors are not required to file their claims in the probate court, the court held that article 3526's six-month limitation provision is inapplicable to those claims. Id. See also Hartmann v. Solbrig, 12 S.W.3d 587 (Tex.App.--San Antonio 2000, no pet. h.).
Probate Code 145(b) specifically provides that any person capable of making a will may provide in that will that "no other action shall be had in the county court in relation to the settlement of his estate than the probating and recording of his will, and the return of an inventory, appraisement, and list of claims of his estate." Tex. Prob. Code Ann. 145(b) (Vernon 1999).
Ullrich v. Estate of Anderson, 740 S.W.2d 481 (Tex. App.--Houston [1st Dist.] 1987, no writ) stands for the proposition that to prevent a conflict of interest, "claims by personal representatives that accrued directly against the testator or intestate are to be acted upon by the (probate) court." Id. at 483.