2025 Texas Statutes
Estates Code
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle E - Intestate Succession
Chapter 202 - Determination of Heirship
Subchapter B. Notice of Proceeding to Declare Heirship
Section 202.057. Affidavit of Service of Citation
Sec. 202.057. AFFIDAVIT OF SERVICE OF CITATION. (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
(C) if service of citation is waived under Section 202.056:
(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.
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.
