Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT PROPERLY SERVED    


Latest version.
  • 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.