reglab/housing_qa huggingface dataset:
TX Est Code § 51.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter B. Methods of Serving Citation or Notice; Persons|Section 51.055. Service on Party's Attorney of Record

Sec. 51.055.  SERVICE ON PARTY'S ATTORNEY OF RECORD.  (a)  If a party is represented by an attorney of record in a probate proceeding, each citation or notice required to be served on the party in that proceeding shall be served instead on that attorney.  A notice under this subsection may be served by delivery to the attorney in person or by registered or certified mail.(b)  A notice may be served on an attorney of record under this section by:(1)  another party to the proceeding;(2)  the attorney of record for another party to the proceeding;(3)  the appropriate sheriff or constable; or(4)  any other person competent to testify.(c)  Each of the following is prima facie evidence of the fact that service has been made under this section:(1)  the written statement of an attorney of record showing service;(2)  the return of the officer showing service; and(3)  the affidavit of any other person showing service.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.056 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter B. Methods of Serving Citation or Notice; Persons|Section 51.056. Service on Personal Representative or Receiver

Sec. 51.056.  SERVICE ON PERSONAL REPRESENTATIVE OR RECEIVER.  Unless this title expressly provides for another method of service, the county clerk who issues a citation or notice required to be served on a personal representative or receiver shall serve the citation or notice by mailing the original citation or notice by registered or certified mail to:(1)  the representative's or receiver's attorney of record; or(2)  the representative or receiver, if the representative or receiver does not have an attorney of record.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter C. Return and Proof of Service of Citation or Notice|Section 51.101. Requirements for Return on Citation or Notice Served by Personal Service

Sec. 51.101.  REQUIREMENTS FOR RETURN ON CITATION OR NOTICE SERVED BY PERSONAL SERVICE.  The return of the person serving a citation or notice under Section 51.051 must:(1)  be endorsed on or attached to the citation or notice;(2)  state the date and place of service;(3)  certify that a copy of the citation or notice was delivered to the person directed to be served;(4)  be subscribed and sworn to before, and under the hand and official seal of, an officer authorized by the laws of this state to take an affidavit; and(5)  be returned to the county clerk who issued the citation or notice.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter C. Return and Proof of Service of Citation or Notice|Section 51.102. Validity of Service and Return on Citation or Notice Served by Posting

Sec. 51.102.  VALIDITY OF SERVICE AND RETURN ON CITATION OR NOTICE SERVED BY POSTING.  (a)  A citation or notice in a probate matter that is required to be served by posting and is issued in conformity with this title, and the service and return of service of the citation or notice, is valid if:(1)  a sheriff or constable posts a copy of the citation or notice at the location or locations prescribed by this title; and(2)  the posting occurs on a day preceding the return day of service specified in the citation or notice that provides sufficient time for the period the citation or notice must be posted to expire before the specified return day.(b)  The fact that a sheriff or constable, as applicable, makes the return of service on the citation or notice described by Subsection (a) and returns the citation or notice on which the return has been made to the court before the expiration of the period the citation or notice must be posted does not affect the validity of the citation or notice or the service or return of service.  This subsection applies even if the sheriff or constable makes the return of service and returns the citation or notice on which the return is made to the court on the same day the citation or notice is issued.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter C. Return and Proof of Service of Citation or Notice|Section 51.103. Proof of Service

Sec. 51.103.  PROOF OF SERVICE.  (a)  Proof of service in each case requiring citation or notice must be filed before the hearing.(b)  Proof of service consists of:(1)  if the service is made by a sheriff or constable, the return of service;(2)  if the service is made by a private person, the person's affidavit;(3)  if the service is made by mail:(A)  the certificate of the county clerk making the service, or the affidavit of the personal representative or other person making the service, stating that the citation or notice was mailed and the date of the mailing; and(B)  the return receipt attached to the certificate or affidavit, as applicable, if the mailing was by registered or certified mail and a receipt has been returned; and(4)  if the service is made by publication:(A)  a statement:(i)  made by the Office of Court Administration of the Texas Judicial System or an employee of the office;(ii)  that contains or to which is attached a copy of the published citation or notice; and(iii)  that states the date of publication on the public information Internet website maintained as required by Section 72.034, Government Code, as added by Chapter 606 (S.B. 891), Acts of the 86th Legislature, Regular Session, 2019; and(B)  an affidavit:(i)  made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher;(ii)  that contains or to which is attached a copy of the published citation or notice; and(iii)  that states the date of publication printed on the newspaper in which the citation or notice was published.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.06, eff. June 1, 2020.Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 9.02, eff. September 1, 2021.|
TX Est Code § 51.104 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter C. Return and Proof of Service of Citation or Notice|Section 51.104. Return to Court

Sec. 51.104.  RETURN TO COURT.  A citation or notice issued by a county clerk must be returned to the court from which the citation or notice was issued on the first Monday after the service is perfected.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.151 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter D. Alternative Manner of Issuance, Service, and Return|Section 51.151. Court-Ordered Issuance, Service, and Return Under Certain Circumstances

Sec. 51.151.  COURT-ORDERED ISSUANCE, SERVICE, AND RETURN UNDER CERTAIN CIRCUMSTANCES.  (a)  A citation or notice required by this title shall be issued, served, and returned in the manner specified by written order of the court in accordance with this title and the Texas Rules of Civil Procedure if:(1)  an interested person requests that action;(2)  a specific method is not provided by this title for giving the citation or notice;(3)  a specific method is not provided by this title for the service and return of citation or notice; or(4)  a provision relating to a matter described by Subdivision (2) or (3) is inadequate.(b)  Citation or notice issued, served, and returned in the manner specified by a court order as provided by Subsection (a) has the same effect as if the manner of service and return had been specified by this title.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter E. Additional Notice Provisions|Section 51.201. Waiver of Notice of Hearing

Sec. 51.201.  WAIVER OF NOTICE OF HEARING.  (a)  A legally competent person who is interested in a hearing in a probate proceeding may waive notice of the hearing in writing either in person or through an attorney.(b)  A trustee of a trust may waive notice under Subsection (a) on behalf of a beneficiary of the trust as provided by that subsection.(c)  A consul or other representative of a foreign government whose appearance has been entered as provided by law on behalf of a person residing in a foreign country may waive notice under Subsection (a) on the person's behalf as provided by that subsection.(d)  A person who submits to the jurisdiction of the court in a hearing is considered to have waived notice of the hearing.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.202 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter E. Additional Notice Provisions|Section 51.202. Request for Notice of Filing of Pleading

Sec. 51.202.  REQUEST FOR NOTICE OF FILING OF PLEADING.  (a)  At any time after an application is filed to commence a probate proceeding, including a proceeding for the probate of a will, the grant of letters testamentary or of administration, or a determination of heirship, a person interested in the estate may file with the county clerk a written request to be notified of all, or any specified, motions, applications, or pleadings filed with respect to the proceeding by any person or by one or more persons specifically named in the request.  A person filing a request under this section is responsible for payment of the fees and other costs of providing a requested notice, and the clerk may require a deposit to cover the estimated costs of providing the notice.  Thereafter, the clerk shall send to the requestor by regular mail a copy of any requested document.(b)  A county clerk's failure to comply with a request under this section does not invalidate any proceeding.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.203 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 51 - Notices and Process in Probate Proceedings in General|Subchapter E. Additional Notice Provisions|Section 51.203. Service of Notice of Intention to Take Depositions in Certain Matters

Sec. 51.203.  SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN CERTAIN MATTERS.  (a)  If a will is to be probated, or in another probate matter in which there is no opposing party or attorney of record on whom to serve notice and copies of interrogatories, service may be made by posting notice of the intention to take depositions for a period of 10 days as provided by Section 51.053 governing a posting of notice.(b)  When notice by posting under Subsection (a) is filed with the county clerk, a copy of the interrogatories must also be filed.(c)  At the expiration of the 10-day period prescribed by Subsection (a):(1)  the depositions for which the notice was posted may be taken; and(2)  the judge may file cross-interrogatories if no person appears.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 4, eff. January 1, 2014.|
TX Est Code § 52.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 52.001. Probate Docket

Sec. 52.001.  PROBATE DOCKET.  (a)  The county clerk shall maintain a record book titled "Judge's Probate Docket" and shall record in the book:(1)  the name of each person with respect to whom, or with respect to whose estate, proceedings are commenced or sought to be commenced;(2)  the name of each executor, administrator, or applicant for letters testamentary or of administration;(3)  the date each original application for probate proceedings is filed;(4)  a notation of each order, judgment, decree, and proceeding that occurs in each estate, including the date it occurs; and(5)  the docket number of each estate as assigned under Subsection (b).(b)  The county clerk shall assign a docket number to each estate in the order proceedings are commenced.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.001, eff. January 1, 2014.|
TX Est Code § 52.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 52.002. Claim Docket

Sec. 52.002.  CLAIM DOCKET.  (a)  The county clerk shall maintain a record book titled "Claim Docket" and shall record in the book each claim that is presented against an estate for the court's approval.(b)  The county clerk shall assign one or more pages of the record book to each estate.(c)  The claim docket must be ruled in 16 columns at proper intervals from top to bottom, with a short note of the contents at the top of each column.   The county clerk shall record for each claim, in the order claims are filed, the following information in the respective columns, beginning with the first or marginal column:(1)  the name of the claimant;(2)  the amount of the claim;(3)  the date of the claim;(4)  the date the claim is filed;(5)  the date the claim is due;(6)  the date the claim begins bearing interest;(7)  the interest rate;(8)  the date the claim is allowed by the executor or administrator, if applicable;(9)  the amount allowed by the executor or administrator, if applicable;(10)  the date the claim is rejected, if applicable;(11)  the date the claim is approved, if applicable;(12)  the amount approved for the claim, if applicable;(13)  the date the claim is disapproved, if applicable;(14)  the class to which the claim belongs;(15)  the date the claim is established by a judgment of a court, if applicable; and(16)  the amount of the judgment established under Subdivision (15), if applicable.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 52.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 52.003. Probate Fee Book

Sec. 52.003.  PROBATE FEE BOOK.  (a)  The county clerk shall maintain a record book titled "Probate Fee Book" and shall record in the book each item of cost that accrues to the officers of the court and any witness fees.(b)  Each record entry must include:(1)  the party to whom the cost or fee is due;(2)  the date the cost or fee accrued;(3)  the estate or party liable for the cost or fee; and(4)  the date the cost or fee is paid.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 52.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter A. Recordkeeping Requirements|Section 52.004. Alternate Recordkeeping

Sec. 52.004.  ALTERNATE RECORDKEEPING.  Instead of maintaining the record books described by Sections 52.001, 52.002, and 52.003, the county clerk may maintain the information described by those sections relating to a person's or estate's probate proceedings:(1)  on a computer file;(2)  on microfilm;(3)  in the form of a digitized optical image; or(4)  in another similar form of data compilation.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 52.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter B. Files; Index|Section 52.051. Filing Procedures

Sec. 52.051.  FILING PROCEDURES.  (a)  An application for a probate proceeding, complaint, petition, or other paper permitted or required by law to be filed with a court in a probate matter must be filed with the county clerk of the appropriate county.(b)  Each paper filed in an estate must be given the docket number assigned to the estate.(c)  On receipt of a paper described by Subsection (a), the county clerk shall:(1)  file the paper; and(2)  endorse on the paper:(A)  the date the paper is filed;(B)  the docket number; and(C)  the clerk's official signature.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 52.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter B. Files; Index|Section 52.052. Case Files

Sec. 52.052.  CASE FILES.  (a)  The county clerk shall maintain a case file for the estate of each decedent for which a probate proceeding has been filed.(b)  Each case file must contain each order, judgment, and proceeding of the court and any other probate filing with the court, including each:(1)  application for the probate of a will;(2)  application for the granting of administration;(3)  citation and notice, whether published or posted, including the return on the citation or notice;(4)  will and the testimony on which the will is admitted to probate;(5)  bond and official oath;(6)  inventory, appraisement, and list of claims;(6-a)  affidavit in lieu of the inventory, appraisement, and list of claims;(7)  exhibit and account;(8)  report of renting;(9)  application for sale or partition of real estate;(10)  report of sale;(11)  report of the commissioners of partition;(12)  application for authority to execute a lease for mineral development, or for pooling or unitization of lands, royalty, or other interest in minerals, or to lend or invest money; and(13)  report of lending or investing money.(c)  Only the substance of a deposition must be recorded under Subsection (b)(4).|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.05, eff. January 1, 2014.|
TX Est Code § 52.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 52 - Filing and Recordkeeping|Subchapter B. Files; Index|Section 52.053. Index

Sec. 52.053.  INDEX.  (a)  The county clerk shall properly index the records required under this chapter.(b)  The county clerk shall keep the index open for public inspection, but may not release the index from the clerk's custody.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 53.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 53 - Other Court Duties and Procedures|Subchapter A. Enforcement of Orders|Section 53.001. Enforcement of Judge's Orders

Sec. 53.001.  ENFORCEMENT OF JUDGE'S ORDERS.  A judge may enforce the judge's lawful orders against an executor or administrator by attachment and confinement.  Unless this title expressly provides otherwise, the term of confinement for any one offense under this section may not exceed three days.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 53.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 53 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 53.051. Applicability of Certain Laws

Sec. 53.051.  APPLICABILITY OF CERTAIN LAWS.  A law regulating costs in ordinary civil cases applies to a probate matter when not expressly provided for in this title.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 53.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 53 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 53.052. Security for Certain Costs

Sec. 53.052.  SECURITY FOR CERTAIN COSTS.  (a)  The clerk may require a person who files an application, complaint, or opposition relating to an estate, other than the personal representative of the estate, to provide security for the probable costs of the proceeding before filing the application, complaint, or opposition.(b)  At any time before the trial of an application, complaint, or opposition described by Subsection (a), anyone interested in the estate or an officer of the court may, by written motion, obtain from the court an order requiring the person who filed the application, complaint, or opposition to provide security for the probable costs of the proceeding.  The rules governing civil suits in the county court with respect to giving security for the probable costs of a proceeding control in cases described by Subsection (a) and this subsection.(c)  An executor or administrator appointed by a court of this state may not be required to provide security for costs in an action brought by the executor or administrator in the executor's or administrator's fiduciary capacity.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 53.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle B - Procedural Matters|Chapter 53 - Other Court Duties and Procedures|Subchapter B. Costs and Security|Section 53.053. Exemption From Probate Fees for Estates of Certain Military Servicemembers

Sec. 53.053.  EXEMPTION FROM PROBATE FEES FOR ESTATES OF CERTAIN MILITARY SERVICEMEMBERS.  (a)  In this section, "combat zone" means an area that the president of the United States by executive order designates for purposes of 26 U.S.C. Section 112 as an area in which armed forces of the United States are or have engaged in combat.(b)  Notwithstanding any other law, the clerk of a county court may not charge, or collect from, the estate of a decedent any of the following fees if the decedent died while in active service as a member of the armed forces of the United States in a combat zone:(1)  a fee for or associated with the filing of the decedent's will for probate; and(2)  a fee for any service rendered by the probate court regarding the administration of the decedent's estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|