How can I secure reimbursement for payments made on behalf of estate property?

Full question:

I have been paying taxes for years and other expenses on my father's estate property (small lot.) I would like to file a lien on the property so when it is sold I can recooperate my expenses before the proceeds are distributed to the rest of the heirs that have not paid property taxes or incurred any expenses on behalf of the property. Which form do I need to file a lien on the property?

• Category: Wills and Estates
• Subcategory: Executors and Administrators
• Date: 04/07/2025
• State: Texas

Answer:

For purposes of this answer, we will assume that your father's estate was probated pursuant to his last will and testament. If that is the case, an administrator or executor would have been appointed to manage the estate.

Texas Probate Code Section 322 addresses the situations where claims for payment are made against an estate:
§ 322. CLASSIFICATION OF CLAIMS AGAINST ESTATES OF
DECEDENT. Claims against an estate of a decedent shall be
classified and have priority of payment, as follows:
Class 1. Funeral expenses and expenses of last sickness for a
reasonable amount to be approved by the court, not to exceed a total
of Fifteen Thousand Dollars, with any excess to be classified and
paid as other unsecured claims.
Class 2. Expenses of administration and expenses incurred in
the preservation, safekeeping, and management of the estate,
including fees and expenses awarded under Section 243 of this code,
and unpaid expenses of administration awarded in a guardianship of
the decedent.
Class 3. Secured claims for money under Section 306(a)(1),
including tax liens, so far as the same can be paid out of the
proceeds of the property subject to such mortgage or other lien, and
when more than one mortgage, lien, or security interest shall exist
upon the same property, they shall be paid in order of their
priority.
Class 4. Claims for the principal amount of and accrued
interest on delinquent child support and child support arrearages
that have been confirmed and reduced to money judgment, as
determined under Subchapter F, Chapter 157, Family Code.
Class 5. Claims for taxes, penalties, and interest due under
Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes;
Section 81.111, Natural Resources Code; the Municipal Sales and
Use Tax Act (Chapter 321, Tax Code); Section 451.404,
Transportation Code; or Subchapter I, Chapter 452, Transportation
Code.
Class 6. Claims for the cost of confinement established by
the institutional division of the Texas Department of Criminal
Justice under Section 501.017, Government Code.
Class 7. Claims for repayment of medical assistance payments
made by the state under Chapter 32, Human Resources Code, to or for
the benefit of the decedent.
Class 8. All other claims.

Typically, a claim for expenses paid for the benefit of the estate is a valid claim to be paid from the estate. This can include property taxes.

The proper avenue to pursue payment estate related expenses is through the probate court, not a claim against the real property.