reglab/housing_qa huggingface dataset:
TX Est Code § 33.002 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter A. Venue for Certain Proceedings|Section 33.002. Action Related to Probate Proceeding in Statutory Probate Court

Sec. 33.002.  ACTION RELATED TO PROBATE PROCEEDING IN STATUTORY PROBATE COURT.  Except as provided by Section 33.003, venue for any cause of action related to a probate proceeding pending in a statutory probate court is proper in the statutory probate court in which the decedent's estate is pending.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.003 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter A. Venue for Certain Proceedings|Section 33.003. Certain Actions Involving Personal Representative

Sec. 33.003.  CERTAIN ACTIONS INVOLVING PERSONAL REPRESENTATIVE.  Notwithstanding any other provision of this chapter, the proper venue for an action by or against a personal representative for personal injury, death, or property damages is determined under Section 15.007, Civil Practice and Remedies Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.004 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter A. Venue for Certain Proceedings|Section 33.004. Heirship Proceedings

Sec. 33.004.  HEIRSHIP PROCEEDINGS.  (a)  Venue for a proceeding to determine a decedent's heirs is in:(1)  the court of the county in which a proceeding admitting the decedent's will to probate or administering the decedent's estate was most recently pending; or(2)  the court of the county in which venue would be proper for commencement of an administration of the decedent's estate under Section 33.001 if:(A)  no will of the decedent has been admitted to probate in this state and no administration of the decedent's estate has been granted in this state; or(B)  the proceeding is commenced by the trustee of a trust holding assets for the benefit of the decedent.(b)  Notwithstanding Subsection (a) and Section 33.001, if there is no administration pending of the estate of a deceased ward who died intestate, venue for a proceeding to determine the deceased ward's heirs is in the probate court in which the guardianship proceedings with respect to the ward's estate were pending on the date of the ward's death.  A proceeding described by this subsection may not be brought as part of the guardianship proceedings with respect to the ward's estate, but rather must be filed as a separate cause in which the court may determine the heirs' respective shares and interests in the estate as provided by the laws of this state.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.005 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter A. Venue for Certain Proceedings|Section 33.005. Certain Actions Involving Breach of Fiduciary Duty

Sec. 33.005.  CERTAIN ACTIONS INVOLVING BREACH OF FIDUCIARY DUTY.  Notwithstanding any other provision of this chapter, venue for a proceeding brought by the attorney general alleging breach of a fiduciary duty by a charitable entity or a fiduciary or managerial agent of a charitable trust is determined under Section 123.005, Property Code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter B. Determination of Venue|Section 33.051. Commencement of Proceeding

Sec. 33.051.  COMMENCEMENT OF PROCEEDING.  For purposes of this subchapter, a probate proceeding is considered commenced on the filing of an application for the proceeding that avers facts sufficient to confer venue on the court in which the application is filed.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter B. Determination of Venue|Section 33.052. Concurrent Venue

Sec. 33.052.  CONCURRENT VENUE.  (a)  If applications for probate proceedings involving the same estate are filed in two or more courts having concurrent venue, the court in which a proceeding involving the estate was first commenced has and retains jurisdiction of the proceeding to the exclusion of the other court or courts in which a proceeding involving the same estate was commenced.(b)  The first commenced probate proceeding extends to all of the decedent's property, including the decedent's estate property.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter B. Determination of Venue|Section 33.053. Probate Proceedings in More Than One County

Sec. 33.053.  PROBATE PROCEEDINGS IN MORE THAN ONE COUNTY.  If probate proceedings involving the same estate are commenced in more than one county, each proceeding commenced in a county other than the county in which a proceeding was first commenced is stayed until the court in which the proceeding was first commenced makes a final determination of venue.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter B. Determination of Venue|Section 33.054. Jurisdiction to Determine Venue

Sec. 33.054.  JURISDICTION TO DETERMINE VENUE.  (a)  Subject to Sections 33.052 and 33.053, a court in which an application for a probate proceeding is filed has jurisdiction to determine venue for the proceeding and for any matter related to the proceeding.(b)  A court's determination under this section is not subject to collateral attack.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.055 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter B. Determination of Venue|Section 33.055. Protection for Certain Purchasers

Sec. 33.055.  PROTECTION FOR CERTAIN PURCHASERS.  Notwithstanding Section 33.052, a bona fide purchaser of real property who relied on a probate proceeding that was not the first commenced proceeding, without knowledge that the proceeding was not the first commenced proceeding, shall be protected with respect to the purchase unless before the purchase an order rendered in the first commenced proceeding admitting the decedent's will to probate, determining the decedent's heirs, or granting administration of the decedent's estate was recorded in the office of the county clerk of the county in which the purchased property is located.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 33.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter C. Transfer of Probate Proceeding|Section 33.101. Transfer to Other County in Which Venue Is Proper

Sec. 33.101.  TRANSFER TO OTHER COUNTY IN WHICH VENUE IS PROPER.  If probate proceedings involving the same estate are commenced in more than one county and the court making a determination of venue as provided by Section 33.053 determines that venue is proper in another county, the court clerk shall make and retain a copy of the entire file in the case and transmit the original file in electronic or paper form to the court in the county in which venue is proper.  The court to which the file is transmitted shall conduct the proceeding in the same manner as if the proceeding had originally been commenced in that county.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 2, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 2, eff. September 1, 2021.|
TX Est Code § 33.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter C. Transfer of Probate Proceeding|Section 33.102. Transfer for Want of Venue

Sec. 33.102.  TRANSFER FOR WANT OF VENUE.  (a)  If it appears to the court at any time before the final order in a probate proceeding is rendered that the court does not have priority of venue over the proceeding, the court shall, on the application of an interested person, transfer the proceeding to the proper county by transmitting to the proper court in that county in electronic or paper form:(1)  the original file in the case; and(2)  certified copies of all entries that have been made in the judge's probate docket in the proceeding.(b)  The court of the county to which a probate proceeding is transferred under Subsection (a) shall complete the proceeding in the same manner as if the proceeding had originally been commenced in that county.(c)  If the question as to priority of venue is not raised before a final order in a probate proceeding is announced, the finality of the order is not affected by any error in venue.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 3, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 3, eff. September 1, 2021.|
TX Est Code § 33.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter C. Transfer of Probate Proceeding|Section 33.103. Transfer for Convenience

Sec. 33.103.  TRANSFER FOR CONVENIENCE.  (a)  The court may order that a probate proceeding be transferred to the proper court in another county in this state if it appears to the court at any time before the proceeding is concluded that the transfer would be in the best interest of:(1)  the estate; or(2)  if there is no administration of the estate, the decedent's heirs or beneficiaries under the decedent's will.(b)  The clerk of the court from which the probate proceeding described by Subsection (a) is transferred shall transmit to the court to which the proceeding is transferred:(1)  the original file in the proceeding; and(2)  a certified copy of the index.(c)  The transmittal under Subsection (b) of the original file and the certified copy of the index may be in electronic or paper form, except that an original will filed in the probate proceeding, if any, must be delivered to the court to which the proceeding is transferred.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 4, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 4, eff. September 1, 2021.|
TX Est Code § 33.104 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle A - Scope, Jurisdiction, Venue, and Courts|Chapter 33 - Venue|Subchapter C. Transfer of Probate Proceeding|Section 33.104. Validation of Previous Proceedings

Sec. 33.104.  VALIDATION OF PREVIOUS PROCEEDINGS.  All orders entered in connection with a probate proceeding that is transferred to another county under a provision of this subchapter are valid and shall be recognized in the court to which the proceeding is transferred if the orders were made and entered in conformance with the procedure prescribed by this code.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.04, eff. January 1, 2014.|
TX Est Code § 51.001 (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 A. Issuance and Form of Notice or Process|Section 51.001. Issuance of Notice or Process in General

Sec. 51.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL.  (a)  Except as provided by Subsection (b), a person is not required to be cited or otherwise given notice except in a situation in which this title expressly provides for citation or the giving of notice.(b)  If this title does not expressly provide for citation or the issuance or return of notice in a probate matter, the court may require that notice be given.  A court that requires that notice be given may prescribe the form and manner of service of the notice and the return of service.(c)  Unless a court order is required by this title, the county clerk without a court order shall issue:(1)  necessary citations, writs, and other process in a probate matter; and(2)  all notices not required to be issued by a personal representative.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.002 (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 A. Issuance and Form of Notice or Process|Section 51.002. Direction of Writ or Other Process

Sec. 51.002.  DIRECTION OF WRIT OR OTHER PROCESS.  (a)  A writ or other process other than a citation or notice must be directed "To any sheriff or constable within the State of Texas."(b)  Notwithstanding Subsection (a), a writ or other process other than a citation or notice may not be held defective because the process is directed to the sheriff or a constable of a named county if the process is properly served within that county by the sheriff or constable.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.003 (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 A. Issuance and Form of Notice or Process|Section 51.003. Contents of Citation or Notice

Sec. 51.003.  CONTENTS OF CITATION OR NOTICE.  (a)  A citation or notice must:(1)  be directed to the person to be cited or notified;(2)  be dated;(3)  state the style and number of the proceeding;(4)  state the court in which the proceeding is pending;(5)  describe generally the nature of the proceeding or matter to which the citation or notice relates;(6)  direct the person being cited or notified to appear by filing a written contest or answer or to perform another required action; and(7)  state when and where the appearance or performance described by Subdivision (6) is required.(b)  A citation or notice issued by the county clerk must be styled "The State of Texas" and be signed by the clerk under the court's seal.(c)  A notice required to be given by a personal representative must be in writing and be signed by the representative in the representative's official capacity.(d)  A citation or notice is not required to contain a precept directed to an officer, but may not be held defective because the citation or notice contains a precept directed to an officer authorized to serve the citation or notice.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.Amended by: Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 5, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 5, eff. September 1, 2021.|
TX Est Code § 51.051 (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 51.051. Personal Service

Sec. 51.051.  PERSONAL SERVICE.  (a)  Except as otherwise provided by Subsection (b), if personal service of citation or notice is required, the citation or notice must be served on the attorney of record for the person to be cited or notified.  Notwithstanding the requirement of personal service, service may be made on that attorney by any method specified by Section 51.055 for service on an attorney of record.(b)  If the person to be cited or notified does not have an attorney of record in the proceeding, or if an attempt to serve the person's attorney is unsuccessful:(1)  the sheriff or constable shall serve the citation or notice by delivering a copy of the citation or notice to the person to be cited or notified, in person, if the person to whom the citation or notice is directed is in this state; or(2)  any disinterested person competent to make an oath that the citation or notice was served may serve the citation or notice, if the person to be cited or notified is absent from or is not a resident of this state.(c)  The return day of the citation or notice served under Subsection (b) must be at least 10 days after the date of service, excluding the date of service.(d)  If citation or notice attempted to be served as provided by Subsection (b) is returned with the notation that the person sought to be served, whether inside or outside this state, cannot be found, the county clerk shall issue a new citation or notice.  Service of the new citation or notice must be made by publication.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.052 (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 51.052. Service by Mail

Sec. 51.052.  SERVICE BY MAIL.  (a)  The county clerk, or the personal representative if required by statute or court order, shall serve a citation or notice required or permitted to be served by regular mail by mailing the original citation or notice to the person to be cited or notified.(b)  Except as provided by Subsection (c), the county clerk shall issue a citation or notice required or permitted to be served by registered or certified mail and shall serve the citation or notice by mailing the original citation or notice by registered or certified mail.(c)  A personal representative shall issue a notice required to be given by the representative by registered or certified mail and shall serve the notice by mailing the original notice by registered or certified mail.(d)  The county clerk or personal representative, as applicable, shall mail a citation or notice under Subsection (b) or (c) with an instruction to deliver the citation or notice to the addressee only and with return receipt requested.  The clerk or representative, as applicable, shall address the envelope containing the citation or notice to:(1)  the attorney of record in the proceeding for the person to be cited or notified; or(2)  the person to be cited or notified, if the citation or notice to the attorney is returned undelivered or the person to be cited or notified has no attorney of record in the proceeding.(e)  Service by mail shall be made at least 20 days before the return day of the service, excluding the date of service.  The date of service by mail is the date of mailing.(f)  A copy of a citation or notice served under Subsection (a), (b), or (c), together with a certificate of the person serving the citation or notice showing that the citation or notice was mailed and the date of the mailing, shall be filed and recorded.  A returned receipt for a citation or notice served under Subsection (b) or (c) shall be attached to the certificate.(g)  If a citation or notice served by mail is returned undelivered, a new citation or notice shall be issued.  Service of the new citation or notice must be made by posting.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.053 (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 51.053. Service by Posting

Sec. 51.053.  SERVICE BY POSTING.  (a)  The county clerk shall deliver the original and a copy of a citation or notice required to be posted to the sheriff or a constable of the county in which the proceeding is pending.  The sheriff or constable shall post the copy at the door of the county courthouse or the location in or near the courthouse where public notices are customarily posted.(b)  Citation or notice under this section must be posted for at least 10 days before the return day of the service, excluding the date of posting, except as provided by Section 51.102(b).  The date of service of citation or notice by posting is the date of posting.(c)  A sheriff or constable who posts a citation or notice under this section shall return the original citation or notice to the county clerk and state the date and location of the posting in a written return on the citation or notice.(d)  The method of service prescribed by this section applies when a personal representative is required or permitted to post a notice.  The notice must be:(1)  issued in the name of the representative;(2)  addressed and delivered to, and posted and returned by, the appropriate officer; and(3)  filed with the county clerk.|Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.|
TX Est Code § 51.054 (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 51.054. Service by Publication

Sec. 51.054.  SERVICE BY PUBLICATION.(a)  Except as provided by Section 17.032, Civil Practice and Remedies Code, citation or notice to a person to be served by publication shall be published one time on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper of general circulation in the county in which the proceeding is pending.  The publication must be made at least 10 days before the return day of the service, excluding the date of publication.(b)  The date of service of citation or notice by publication is the earlier of:(1)  the date the citation or notice is published on the public information Internet website under Subsection (a); or(2)  the date of publication printed on the newspaper in which the citation or notice is published.(c)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.02(1), eff. September 1, 2019.|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. 10.05, eff. June 1, 2020.Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 15.02(1), eff. September 1, 2019.|