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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 3. GUARDIANSHIP AND RELATED PROCEDURES |
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Subtitle C. PROCEDURAL MATTERS |
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Chapter 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW |
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Subchapter B. ATTACHMENT OF ESTATE PROPERTY |
Sec. 1056.051. ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT
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(a) If a person interested in the estate of an incapacitated person files with the judge a written complaint made under oath alleging that the guardian is about to remove the estate or a part of the estate outside of the state, the judge may order a writ of attachment to issue, directed "to any sheriff or any constable within the State of Texas." The writ must order the sheriff or constable to:
(1) seize the estate or a part of the estate; and
(2) hold that property subject to further court order.
(b) Notwithstanding Subsection (a), a writ of attachment directed to the sheriff or constable of a specific county in this state is not defective if the writ was properly executed within that county by the sheriff or constable to whom the writ is directed.