| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
Relating to service of citation on a deceased person. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 51, Estates Code, is amended by adding |
|
|
Sections 51.057 to read as follows: |
|
|
Sec. 51.057. SERVICE ON DECEASED PERSON. (a) Except as otherwise |
|
|
provided by Subsection (b), if a citation or notice is required to |
|
|
be served on a person who is now deceased, the citation or notice |
|
|
must be served on one of the following: |
|
|
(1) the personal representative of the deceased |
|
|
person's estate as provided by Section 51.056; |
|
|
(2) on each of the distributees of the deceased |
|
|
person's estate if the personal representative has been discharged; |
|
|
(3) on each of the distributees of the deceased |
|
|
person's estate if the independent executor has filed a closing |
|
|
report or notice of closing estate; or |
|
|
(4) on each of the distributees of the deceased |
|
|
person's estate if there is no administration ordered by a court, |
|
|
including when the deceased person's will was admitted to probate |
|
|
as muniment of title only, the court finds there is no necessity for |
|
|
administration in a judgment in a proceeding declaring heirship, or |
|
|
the court approves an affidavit under Chapter 205. |
|
|
(b) If there is no court order determining the distributees |
|
|
of the deceased person's estate or no personal representative of |
|
|
the deceased person's estate has been appointed, the citation or |
|
|
notice must be served on: |
|
|
(1) the unknown distributees of the deceased person |
|
|
as provided by Section 51.054; and |
|
|
(2) each of the potential distributees identified by |
|
|
affidavit required by Subsection (c). |
|
|
(c) When service is required by Subsection (b), the Applicant |
|
|
shall file with the court an Affidavit of Facts Concerning the |
|
|
Identity of Potential Distrtibutees, which must: |
|
|
(1) state the name, date of birth, date of death, and |
|
|
last known address of the deceased person; |
|
|
(2) state whether an application for the appointment |
|
|
of a personal representative has been filed but not yet granted in |
|
|
the county where the deceased person was domiciled; |
|
|
(3) state whether the deceased person left a will, if |
|
|
known; |
|
|
(4) state the name, address, relationship to the |
|
|
deceased person, and age of each of the potential distributees of |
|
|
the deceased person; and |
|
|
(5) state an explanation for the omission from the |
|
|
affidavit of any other information required by this section. |
|
|
(d) A court may require any additional information about the |
|
|
potential distributees in a supplemental or amended affidavit. |
|
|
(e) When service is required by Subsection (b), a court may |
|
|
appoint an attorney ad litem to represent the interests of |
|
|
potential distributees, whether known or unknown. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |