H.B. No. 3088

SERVICE ON PERSONS UNDER 12 YEARS OLD IN HEIRSHIP PROCEEDING

Bill Description

Governor Bush signed HB 3088 on June 19, 1997. HB 3088 becomes effective September 1, 1997.

HB 3088 amends Section 50 of the Probate Code to provide that citation shall be served on a person under age 12 in an heirship proceeding shall be by serving his or her parent, managing conservator, or guardian, if the name and address of the parent, managing conservator or guardian is known or can be reasonably ascertained. It also cleans up subsection (b) of Section 50 regarding service by publication, but it makes no substantive change with respect thereto.

HB 3088 only applies in heirship proceedings -- service on persons under age 12 in other types of probate proceedings are unaffected by HB 3088.

HB 3088 applies to applications for determination of heirship filed on or after September 1, 1997. Note that the date of the decedent doesn't matter -- one may delay filing an application for determination of heirship with respect to a person dying before the effective date of HB 3088 if one wishes to take advantage of the new service procedure.


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Copyright © 1997 by Glenn M. Karisch. This page was last revised on June 23, 1997.