Texas Estates Code 258.002 – Citation On Application for Probate of Will Not Produced in Court
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(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.
Terms Used In Texas Estates Code 258.002
- 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 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(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.