bill on serving a citation on a dead person

The text as introduced · 453 words

89R17118 TYPED

By: Schoolcraft
H.B. No. 3650

A BILL TO BE ENTITLED

AN ACT

Relating to service of citation on a deceased person.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 51, Estates Code, is amended by adding

Sections 51.057 to read as follows:

Sec. 51.057. SERVICE ON DECEASED PERSON. (a) Except as otherwise

provided by Subsection (b), if a citation or notice is required to

be served on a person who is now deceased, the citation or notice

must be served on one of the following:

(1) the personal representative of the deceased

person's estate as provided by Section 51.056;

(2) on each of the distributees of the deceased

person's estate if the personal representative has been discharged;

(3) on each of the distributees of the deceased

person's estate if the independent executor has filed a closing

report or notice of closing estate; or

(4) on each of the distributees of the deceased

person's estate if there is no administration ordered by a court,

including when the deceased person's will was admitted to probate

as muniment of title only, the court finds there is no necessity for

administration in a judgment in a proceeding declaring heirship, or

the court approves an affidavit under Chapter 205.

(b) If there is no court order determining the distributees

of the deceased person's estate or no personal representative of

the deceased person's estate has been appointed, the citation or

notice must be served on:

(1) the unknown distributees of the deceased person

as provided by Section 51.054; and

(2) each of the potential distributees identified by

affidavit required by Subsection (c).

(c) When service is required by Subsection (b), the Applicant

shall file with the court an Affidavit of Facts Concerning the

Identity of Potential Distrtibutees, which must:

(1) state the name, date of birth, date of death, and

last known address of the deceased person;

(2) state whether an application for the appointment

of a personal representative has been filed but not yet granted in

the county where the deceased person was domiciled;

(3) state whether the deceased person left a will, if

known;

(4) state the name, address, relationship to the

deceased person, and age of each of the potential distributees of

the deceased person; and

(5) state an explanation for the omission from the

affidavit of any other information required by this section.

(d) A court may require any additional information about the

potential distributees in a supplemental or amended affidavit.

(e) When service is required by Subsection (b), a court may

appoint an attorney ad litem to represent the interests of

potential distributees, whether known or unknown.

SECTION 2. This Act takes effect September 1, 2025.