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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter V. PROBATE AND GRANT OF ADMINISTRATION |
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Part 4. CITATIONS AND NOTICES |
Sec. 128. CITATIONS WITH RESPECT TO APPLICATIONS FOR PROBATE OR FOR ISSUANCE OF LETTERS
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(a) Where Application Is for Probate of a Written Will Produced in Court or for Letters of Administration. When an application for the probate of a written will produced in court, or for letters of administration, is filed with the clerk, he shall issue a citation to all parties interested in such estate, which citation shall be served by posting and shall state:
(1) That such application has been filed, and the nature of it.
(2) The name of the deceased and of the applicant.
(3) The time when such application will be acted upon.
(4) That all persons interested in the estate should appear at the time named therein and contest said application, should they desire to do so.
(b) Where Application Is for Probate of a Written Will Not Produced. When the application is for the probate of a written will which cannot be produced in court, the clerk shall issue a citation to all parties interested in such estate, which citation shall contain substantially the statements made in the application for probate, and the time when, place where, and the court before which such application will be acted upon. If the heirs of the testator be residents of this state, and their residence be known, the citation shall be served upon them by personal service. Service of such citation may be made by publication in the following cases:
(1) When the heirs are non-residents of this state; or
(2) When their names or their residences are unknown; or
(3) When they are transient persons.
(c) No Action Until Service Is Had. No application for the probate of a will or for the issuance of letters shall be acted upon until service of citation has been made in the manner provided herein.