reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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 transmit the file for the proceeding in accordance with the procedures provided by Section 33.105 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.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 1, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.001, eff. September 1, 2023.
2023 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 the file for the proceeding in accordance with the procedures provided by Section 33.105 to the proper court in that county.
(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.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.002, eff. September 1, 2023.
2023 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 the file for the proceeding in accordance with the procedures provided by Section 33.105 to the court to which the proceeding is transferred.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.011, and Ch. 256 (H.B. 1612), Sec. 27(a)(2), eff. September 1, 2023.
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.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 3, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 27(a)(2), eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.003, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.011, eff. September 1, 2023.
2023 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.
2023 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 33.105. Transfer of Probate Proceeding Record

Sec. 33.105.  TRANSFER OF PROBATE PROCEEDING RECORD.  (a)  If a probate proceeding is transferred to a court in another county under this chapter, the clerk of the transferring court shall send to the clerk of the court to which the proceeding is transferred, using the electronic filing system established under Section 72.031, Government Code:
(1)  a transfer certificate and index of transferred documents;
(2)  a copy of each final order;
(3)  a copy of the order of transfer signed by the transferring court;
(4)  a copy of the original papers filed in the transferring court, including a copy of any will;
(5)  a copy of the transfer certificate and index of transferred documents from each previous transfer; and
(6)  a bill of any costs accrued in the transferring court.
(b)  The clerk of the transferring court shall use the standardized transfer certificate and index of transferred documents form developed by the Office of Court Administration of the Texas Judicial System under Section 72.037, Government Code, when transferring a proceeding under this section.
(c)  The clerk of the transferring court shall keep a copy of the documents transferred under Subsection (a).
(d)  The clerk of the court to which the proceeding is transferred shall:
(1)  accept documents transferred under Subsection (a);
(2)  docket the proceeding; and
(3)  notify, using the electronic filing system established under Section 72.031, Government Code, all parties to the proceeding, the clerk of the transferring court, and, if appropriate, the transferring court's local registry that the proceeding has been docketed.
(e)  The clerk of the transferee court shall physically or electronically mark or stamp the transfer certificate and index of transferred documents to evidence the date and time of acceptance under Subsection (d) but may not physically or electronically mark or stamp any other document transferred under Subsection (a).
(f)  The clerks of both the transferee and transferring courts may each produce under Chapter 51, Government Code, certified or uncertified copies of documents transferred under Subsection (a) but must include a copy of the transfer certificate and index of transferred documents with each document produced.
(g)  Sections 80.001 and 80.002, Government Code, do not apply to the transfer of documents under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 4, eff. September 1, 2023.
Added by Acts 2023, 88th Leg., R.S., Ch. 861 (H.B. 3474), Sec. 11.004, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 34 - Matters Relating to Certain Other Types of Proceedings › Section 34.001. Transfer to Statutory Probate Court of Proceeding Related to Probate Proceeding

Sec. 34.001.  TRANSFER TO STATUTORY PROBATE COURT OF PROCEEDING RELATED TO PROBATE PROCEEDING.  (a)  A judge of a statutory probate court, on the motion of a party to the action or on the motion of a person interested in an estate, may transfer to the judge's court from a district, county, or statutory court a cause of action related to a probate proceeding pending in the statutory probate court or a cause of action in which a personal representative of an estate pending in the statutory probate court is a party and may consolidate the transferred cause of action with the other proceedings in the statutory probate court relating to that estate.
(b)  Notwithstanding any other provision of this subtitle, Title 1, Chapter 51, 52, 53, 54, 55, or 151, or Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or 351.355, 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 1983, 68th Leg., p. 5228, ch. 958, Sec. 1, eff. Sept. 1, 1983.  Amended by Acts 1999, 76th Leg., ch. 1431, Sec. 1, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 204, Sec. 3.06, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1351 (S.B. 408), Sec. 12(c), eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 1.03, eff. January 1, 2014.
Transferred, redesignated and amended from Probate Code, Art/Sec 5B by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.009, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 20.006, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle A - Scope, Jurisdiction, Venue, and Courts › Chapter 34 - Matters Relating to Certain Other Types of Proceedings › Section 34.002. Actions to Collect Delinquent Property Taxes

Sec. 34.002.  ACTIONS TO COLLECT DELINQUENT PROPERTY TAXES.  (a)  This section applies only to a decedent's estate that:
(1)  is being administered in a pending probate proceeding;
(2)  owns or claims an interest in property against which a taxing unit has imposed ad valorem taxes that are delinquent; and
(3)  is not being administered as an independent administration under Chapter 401 and Section 402.001.
(b)  Notwithstanding any provision of this code to the contrary, if the probate proceedings are pending in a foreign jurisdiction or in a county other than the county in which the taxes were imposed, a suit to foreclose the lien securing payment of the taxes or to enforce personal liability for the taxes must be brought under Section 33.41, Tax Code, in a court of competent jurisdiction in the county in which the taxes were imposed.
(c)  If the probate proceedings have been pending for four years or less in the county in which the taxes were imposed, the taxing unit may present a claim for the delinquent taxes against the estate to the personal representative of the estate in the probate proceedings.
(d)  If the taxing unit presents a claim against the estate under Subsection (c):
(1)  the claim of the taxing unit is subject to each applicable provision in Subchapter A, Chapter 124, Subchapter B, Chapter 308, Subchapter F, Chapter 351, and Chapters 355 and 356 that relates to a claim or the enforcement of a claim in a probate proceeding; and
(2)  the taxing unit may not bring a suit in any other court to foreclose the lien securing payment of the taxes or to enforce personal liability for the delinquent taxes before the first day after the fourth anniversary of the date the application for the probate proceeding was filed.
(e)  To foreclose the lien securing payment of the delinquent taxes, the taxing unit must bring a suit under Section 33.41, Tax Code, in a court of competent jurisdiction for the county in which the taxes were imposed if:
(1)  the probate proceedings have been pending in that county for more than four years; and
(2)  the taxing unit did not present a delinquent tax claim under Subsection (c) against the estate in the probate proceeding.
(f)  In a suit brought under Subsection (e), the taxing unit:
(1)  shall make the personal representative of the decedent's estate a party to the suit; and
(2)  may not seek to enforce personal liability for the taxes against the estate of the decedent.
Added by Acts 1999, 76th Leg., ch. 1481, Sec. 36, eff. Sept. 1, 1999.
Transferred, redesignated and amended from Probate Code, Art/Sec 5C by Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 6.009, eff. January 1, 2014.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 or Private Delivery

Sec. 51.052.  SERVICE BY MAIL OR PRIVATE DELIVERY.  (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 a qualified delivery method and shall serve the citation or notice by sending the original citation or notice by a qualified delivery method.
(c)  A personal representative shall issue a notice required to be given by the representative by a qualified delivery method  and shall serve the notice by sending the original notice by a qualified delivery method.
(d)  The county clerk or personal representative, as applicable, shall send 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 or other proof of delivery 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 a qualified delivery method shall be made at least 20 days before the return day of the service, excluding the date of service.  The date of service is the date of mailing, the date of deposit with the private delivery service, or the date of delivery by the courier, as applicable.
(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 sent and the date of the mailing, date of deposit with a private delivery service, or date of delivery by courier, as applicable, shall be filed and recorded.  A returned receipt or proof of delivery 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 a qualified delivery method 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 2, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 3, eff. September 1, 2023.
2023 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.
2023 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.
2023 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 a qualified delivery method.
(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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 4, eff. September 1, 2023.
2023 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 sending the original citation or notice by a qualified delivery method 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.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 5, eff. September 1, 2023.
2023 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.
2023 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.
2023 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 a qualified delivery method:
(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, deposited with a private delivery service, or delivered by courier, as applicable, and the date of the mailing or deposit with the delivery service or the date of the courier delivery, as applicable; and
(B)  the return receipt or other proof of delivery receipt attached to the certificate or affidavit, as applicable, if the sending was by a qualified delivery method and a receipt is available; 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; 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.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 6, eff. September 1, 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.