Texas Estates Code 258.051 – Notice to Heirs
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(a) Except as provided by Subsection (c), an applicant for the probate of a will under § 256.003(a) must give notice by service of process to each of the testator‘s heirs whose address can be ascertained by the applicant with reasonable diligence.
(b) The notice required by Subsection (a) must:
(1) contain a statement that:
(A) the testator’s property will pass to the testator’s heirs if the will is not admitted to probate; and
(B) the person offering the testator’s will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator’s death; and
(2) be given before the probate of the testator’s will.
Terms Used In Texas Estates Code 258.051
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
- Service of process: The service of writs or summonses to the appropriate party.
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Testator: A male person who leaves a will at death.
(c) Notice otherwise required by Subsection (a) is not required to be given to an heir who has delivered to the court an affidavit signed by the heir that:
(1) contains the statement described by Subsection (b)(1); and
(2) states that the heir does not object to the offer of the testator’s will for probate.