Tex. Est. Code § 202.057 · Subchapter B. NOTICE OF PROCEEDING TO DECLARE HEIRSHIP

AFFIDAVIT OF SERVICE OF CITATION.

Verbatim from the official edition

Text — Current through the 89th 2nd Called Legislative Session, 2025

(a) A person who files an application under Section 202.005 shall file with the court:

(1) a copy of any citation required by this subchapter and the proof of delivery of service of the citation; and

(2) an affidavit sworn to by the applicant or a certificate signed by the applicant's attorney stating:

(A) that the citation was served as required by this subchapter;

(B) the name of each person to whom the citation was served, if the person's name is not shown on the proof of delivery; and

(i) the name of each person who waived citation under that section; and

(ii) if citation is waived under Section 202.056(b)(1), the name of the distributee and the representative capacity of the person who waived citation required to be served on the distributee.

(b) The court may not enter an order in the proceeding to declare heirship under Subchapter E until the affidavit or certificate required by Subsection (a) is filed.

Notes and commentary — not statutory text

History

Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 17, eff. January 1, 2014.

Amended by:

Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 11, eff. September 1, 2017.

Source of truth

Edition: Current through the 89th 2nd Called Legislative Session, 2025
Official file: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.202.htm
Text hash: sha256 160110dc2893be5f9944ab7701ed930a1a2859888b62501e51403f02258b8a43
Composed by: compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character

BenchPath cards that rely on this text

Denton County Probate Courts — The Uncontested Docket: When a Client Dies Without a Will — Positions and Policies on Heirships and Administrations (Version 09.24; automatic attorney ad litem after deposit; 90-day compliance docket; combined applications; consents in waivers; chart of heirs' fractional interests; posted and published citation with publisher's affidavits e-filed before setting; minor-heir citation rules; § 202.057 certificate; written testimony signed before the judge; two disinterested witnesses; judgment chart)

This section cites

Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.

Estates Code

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.