1-1 AN ACT
1-2 relating to a proceeding to declare heirship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 34A, Texas Probate Code, is amended to
1-5 read as follows:
1-6 Sec. 34A. ATTORNEYS AD LITEM. Except as provided by
1-7 Section 53(c) of this code, the [The] judge of a probate court may
1-8 appoint an attorney ad litem to represent the interests of a person
1-9 having a legal disability, a nonresident, an unborn or
1-10 unascertained person, or an unknown heir in any probate proceeding.
1-11 Each attorney ad litem appointed under this section is entitled to
1-12 reasonable compensation for services in the amount set by the court
1-13 and to be taxed as costs in the proceeding.
1-14 SECTION 2. Section 50, Texas Probate Code, is amended by
1-15 amending Subsection (b) and adding Subsection (e) to read as
1-16 follows:
1-17 (b) If the address of a person or entity on whom citation is
1-18 required to be served cannot be ascertained, citation shall be
1-19 served on the person or entity by publication in the county in
1-20 which the proceedings are commenced, and if the decedent resided in
1-21 another county, then a citation shall also be published in the
1-22 county of the decedent's [his] last residence. To determine
1-23 whether there are any other heirs, citation [Unknown heirs] shall
1-24 also be served on unknown heirs by publication in the manner
2-1 provided by this subsection.
2-2 (e) A parent, managing conservator, guardian, attorney ad
2-3 litem, or guardian ad litem of a distributee who is at least 12
2-4 years of age but younger than 19 years of age may not waive
2-5 citation required to be served on the distributee under this
2-6 section.
2-7 SECTION 3. The heading of Section 53, Texas Probate Code, is
2-8 amended to read as follows:
2-9 Sec. 53. EVIDENCE; UNKNOWN PARTIES AND INCAPACITATED PERSONS
2-10 SECTION 4. Section 53, Texas Probate Code, is amended by
2-11 adding Subsection (c) to read as follows:
2-12 (c) The court shall appoint an attorney ad litem to
2-13 represent the interests of unknown heirs.
2-14 SECTION 5. The changes in law made by this Act to Sections
2-15 34A and 50(b), Texas Probate Code, and by Sections 50(e) and 53(c),
2-16 Texas Probate Code, as added by this Act, apply only to an
2-17 application for determination of heirship filed on or after the
2-18 effective date of this Act. An application for determination of
2-19 heirship filed before the effective date of this Act is governed by
2-20 the law in effect on the date on which the application was filed,
2-21 and the former law is continued in effect for that purpose.
2-22 SECTION 6. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2731 was passed by the House on May
5, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2731 was passed by the Senate on May
22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor