Estates Code § 258.002

Sec. 258.002. CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT. (a) On the filing of an application for the probate of a written will that cannot be produced in court, the clerk shall issue a citation to all parties interested in the estate. The citation must: (1) contain substantially the statements made in the application for probate; (2) identify the court that will act on the application; and (3) state the time and place of the court's action on the application. (b) The citation required by Subsection (a) shall be served on the testator's heirs by personal service if the heirs are residents of this state and their addresses are known. (c) Service of the citation required by Subsection (a) may be made by publication if: (1) the heirs are not residents of this state; (2) the names or addresses of the heirs are unknown; or (3) the heirs are transient persons. (d) An heir who is 16 years of age or older may waive citation required by this section to be served on the heir. (e) The parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of an heir who is younger than 16 years of age may waive citation required by this section to be served on the heir. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 18, eff. September 1, 2023.