Tex. Est. Code § 258.002 · Subchapter A. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE OF WILL
CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On the filing of an application for the probate of a written will that cannot be produced in court, the clerk shall issue a citation to all parties interested in the estate. The citation must:
(1) contain substantially the statements made in the application for probate;
(2) identify the court that will act on the application; and
(3) state the time and place of the court's action on the application.
(b) The citation required by Subsection (a) shall be served on the testator's heirs by personal service if the heirs are residents of this state and their addresses are known.
(c) Service of the citation required by Subsection (a) may be made by publication if:
(1) the heirs are not residents of this state;
(2) the names or addresses of the heirs are unknown; or
(3) the heirs are transient persons.
(d) An heir who is 16 years of age or older may waive citation required by this section to be served on the heir.
(e) The parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of an heir who is younger than 16 years of age may waive citation required by this section to be served on the heir.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 18, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.258.htm
- Text hash
- sha256 9e5978786b2cb83de1146f07ca7771e76acac87327c7030fdd2131f94456b61d
- 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
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.