H.B. No. 3088

SERVICE ON PERSONS UNDER AGE 12 IN HEIRSHIP PROCEEDINGS

Effective Date: September 1, 1997

AN ACT

relating to the notice required to be given in a proceeding to determine heirship.

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

SECTION 1.  Sections 50(a) and (b), Texas Probate Code, are amended to read as follows:

(a)  Citation shall be served by registered or certified mail upon all distributees 12 years of age or older whose names and addresses are known, or whose names and addresses can be learned through the exercise of reasonable diligence, provided that the court may in its discretion require that service of citation shall be made by personal service upon some or all of those named as distributees in the application. Citation shall be served as provided by this subsection on the parent, managing conservator, or guardian of a distributee who is younger than 12 years of age, if the name and address of the parent, managing conservator, or guardian is known or can be reasonably ascertained.

(b)  If the address of a person or entity on whom citation is required to be served [Unknown heirs, and known heirs whose addresses] cannot be ascertained, citation shall be served on the person or entity by publication in the county in which the proceedings are commenced, and if the decedent resided in another county, then a citation shall also be published in the county of his last residence. Unknown heirs shall also be served by publication in the manner provided by this subsection.

SECTION 2.  This Act takes effect September 1, 1997, and applies only to an application for determination of heirship filed on or after that date. An application for determination of heirship filed before the effective date of this Act is governed by the law in existence on the date on which the application was filed, and the former law is continued in effect for that purpose.

SECTION 3.  The importance of this legislation and the crowded condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended.


Courtesy of Glenn M. Karisch, Ikard & Golden, P. C., Austin, Texas. This page was last revised on May 31, 1997.