Texas Statutes (Last Updated: January 4, 2014) |
ESTATES CODE |
Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
Subtitle E. INTESTATE SUCCESSION |
Chapter 202. DETERMINATION OF HEIRSHIP |
Subchapter E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP |
Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT PROPERLY SERVED
Latest version.
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If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by registered or certified mail or personal service in the proceeding, the heir may:
(1) have the judgment in the proceeding corrected by bill of review:
(A) at any time, but not later than the fourth anniversary of the date of the judgment; or
(B) after the passage of any length of time, on proof of actual fraud; and
(2) recover the heir's just share of the property or the value of that share from:
(A) the heirs named in the judgment; and
(B) those who claim under the heirs named in the judgment and who are not bona fide purchasers for value.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014.