H.B. No. 1297
AN ACT
relating to service of process on institutions and organizations in
certain probate proceedings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 55.053, Estates Code, is amended to read
as follows:
Sec. 55.053. SERVICE OF PROCESS. (a) For a will contest,
the party contesting the will [The court] shall serve an
institution or organization that is a necessary party to the
contest under Section 55.052 in the manner provided by this title
for service on other parties.
(b) For a will construction suit, the party bringing the
suit shall serve an institution or organization that is a necessary
party to the suit under Section 55.052 in the manner provided by
this title for service on other parties.
SECTION 2. Section 55.053, Estates Code, as amended by this
Act, applies only to a will contest or will construction suit that
is instituted on or after the effective date of this Act. A will
contest or will construction suit that was instituted before the
effective date of this Act is governed by the law in effect on the
date the contest or suit was instituted, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1297 was passed by the House on April
9, 2021, by the following vote: Yeas 143, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1297 was passed by the Senate on May
19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor