Texas Estates Code 1056.001 – Executions in Guardianship Proceedings
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(a) An execution in a guardianship proceeding must be:
(1) directed “to any sheriff or any constable within the State of Texas”;
(2) attested and signed by the clerk officially under court seal; and
(3) made returnable in 60 days.
(b) A proceeding under an execution in a guardianship proceeding is governed, to the extent applicable, by the laws regulating a proceeding under an execution issued by a district court.
Terms Used In Texas Estates Code 1056.001
- 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 - Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) Notwithstanding Subsection (a), an execution directed to the sheriff or a constable of a specific county in this state may not be held defective if properly executed within that county by the sheriff or constable to whom the execution is directed.