Insolvent Probate Estate Claim-Payment Priority in Texas

Short answer Texas classifies estate claims in eight classes, but it separately directs how a representative pays funds already held: capped funeral and last-illness expenses, family allowances, administration and preservation expenses, then other claims by class. Secured claims receive special treatment. Insufficient assets within a nonsecured class are paid pro rata under court direction.
State
Texas
Statute checked
October 5, 2026
Sources
5 statutes

At a glance

Statutory payment orderEight claim classes; funds held pay capped funeral/illness first, then family allowance, administration/preservation, then other classes (§§ 355.102–.103).
Administration costsClass 2 includes administration, preservation and management; third cash-payment category (§§ 355.102(c), .103(3)).
Funeral and last illnessClass 1; each reasonable court-approved amount capped at $15,000, excess unsecured; first cash-payment category (§§ 355.102(b), .103(1)).
Family and homestead allowancesSecond cash-payment category, ahead of administration expenses (§ 355.103(2)).
Taxes and public claimsTax liens can be class 3 secured; named Texas tax claims class 5, confinement cost class 6, state medical-assistance repayment class 7 (§ 355.102(d),(f)–(h)).
Secured claimsClass 3 matured secured money claims to collateral proceeds; lien order controls; creditor may elect preferred debt/lien (§§ 355.102(d), .104(a), .151(a)).
Support and special debtsClass 4 specified confirmed or administratively determined child-support arrears and other named unpaid child support (§ 355.102(e)).
General claimsClass 8 claims not in classes 1–7; excess funeral/illness sums treated as other unsecured claims (§ 355.102(b),(i)).
Underfunded classNonsecured claims in an insufficient class paid pro rata as court directs (§ 355.108(a)).

Requirements one by one

Payment order and allowances

Sections 355.102 and 355.103 do different jobs. Section 355.102 classifies claims, while § 355.103 directs the representative holding estate funds to pay capped funeral and last-illness expenses first, then allowances to the spouse or children, then administration and preservation expenses, then other claims by class. Thus the cash-payment command places the family allowance ahead of administration expenses even though the allowance is not one of the eight numbered claim classes.

Funeral and last illness

Under § 355.102(b), class 1 includes court-approved reasonable funeral and last-illness expenses, each up to $15,000. Any excess is paid as another unsecured claim.

Secured claims

Tex. Est. Code § 355.151(a) lets a secured money claimant choose a matured secured claim paid during administration or a preferred debt and lien against the particular property. Class 3 under § 355.102(d) covers the former claim only to the collateral proceeds available. Tex. Est. Code § 355.104(a) directs payment from sale proceeds according to lien priority after debts with a preference over the lien.

Shortfall within one class

If assets cannot pay a whole class, § 355.108(a) requires nonsecured claims in that class to be paid pro rata under the court's direction. The provision expressly excludes secured money claims from that formula.

What trips people up

Class 4 child-support claims require the court or administrative determination specified in § 355.102(e). The tax and public-claim classes are also particular: class 5 names Texas tax laws, class 6 addresses state confinement costs, and class 7 state medical-assistance repayment. A tax lien may instead be treated as a secured class 3 claim to collateral proceeds.

Common questions

Does the funeral cap cover last-illness costs too? Section 355.102(b) sets separate $15,000 limits for funeral and last-illness expenses.

Are all claims that do not fit a preferred class lost? No. Section 355.102(i) places claims outside classes 1 through 7 in class 8.

Statutes and sources

  • Tex. Est. Code §§ 355.102–.104, .108, and .151. Verbatim official text, URL, and access dates appear in the source fields above.

Source links

Every statute quoted above, linked, with the date we checked it.

Tex. Est. Code § 355.102 · accessed 2026-10-05
Tex. Est. Code § 355.103 · accessed 2026-10-05
Tex. Est. Code § 355.104 · accessed 2026-10-05
Tex. Est. Code § 355.108 · accessed 2026-10-05
Tex. Est. Code § 355.151 · accessed 2026-10-05
This page summarizes statutory probate payment priorities, not advice about a specific estate or claim. Claim validity, federal law, liens, and court orders can change the result. Check current official law and consult a licensed adviser before acting.

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