| 1 | 1 | | 89R17118 TYPED |
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| 2 | 2 | | By: Schoolcraft H.B. No. 3650 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | Relating to service of citation on a deceased person. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 51, Estates Code, is amended by adding |
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| 12 | 12 | | Sections 51.057 to read as follows: |
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| 13 | 13 | | Sec. 51.057. SERVICE ON DECEASED PERSON. (a) Except as otherwise |
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| 14 | 14 | | provided by Subsection (b), if a citation or notice is required to |
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| 15 | 15 | | be served on a person who is now deceased, the citation or notice |
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| 16 | 16 | | must be served on one of the following: |
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| 17 | 17 | | (1) the personal representative of the deceased |
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| 18 | 18 | | person's estate as provided by Section 51.056; |
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| 19 | 19 | | (2) on each of the distributees of the deceased |
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| 20 | 20 | | person's estate if the personal representative has been discharged; |
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| 21 | 21 | | (3) on each of the distributees of the deceased |
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| 22 | 22 | | person's estate if the independent executor has filed a closing |
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| 23 | 23 | | report or notice of closing estate; or |
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| 24 | 24 | | (4) on each of the distributees of the deceased |
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| 25 | 25 | | person's estate if there is no administration ordered by a court, |
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| 26 | 26 | | including when the deceased person's will was admitted to probate |
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| 27 | 27 | | as muniment of title only, the court finds there is no necessity for |
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| 28 | 28 | | administration in a judgment in a proceeding declaring heirship, or |
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| 29 | 29 | | the court approves an affidavit under Chapter 205. |
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| 30 | 30 | | (b) If there is no court order determining the distributees |
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| 31 | 31 | | of the deceased person's estate or no personal representative of |
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| 32 | 32 | | the deceased person's estate has been appointed, the citation or |
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| 33 | 33 | | notice must be served on: |
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| 34 | 34 | | (1) the unknown distributees of the deceased person |
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| 35 | 35 | | as provided by Section 51.054; and |
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| 36 | 36 | | (2) each of the potential distributees identified by |
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| 37 | 37 | | affidavit required by Subsection (c). |
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| 38 | 38 | | (c) When service is required by Subsection (b), the Applicant |
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| 39 | 39 | | shall file with the court an Affidavit of Facts Concerning the |
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| 40 | 40 | | Identity of Potential Distrtibutees, which must: |
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| 41 | 41 | | (1) state the name, date of birth, date of death, and |
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| 42 | 42 | | last known address of the deceased person; |
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| 43 | 43 | | (2) state whether an application for the appointment |
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| 44 | 44 | | of a personal representative has been filed but not yet granted in |
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| 45 | 45 | | the county where the deceased person was domiciled; |
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| 46 | 46 | | (3) state whether the deceased person left a will, if |
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| 47 | 47 | | known; |
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| 48 | 48 | | (4) state the name, address, relationship to the |
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| 49 | 49 | | deceased person, and age of each of the potential distributees of |
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| 50 | 50 | | the deceased person; and |
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| 51 | 51 | | (5) state an explanation for the omission from the |
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| 52 | 52 | | affidavit of any other information required by this section. |
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| 53 | 53 | | (d) A court may require any additional information about the |
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| 54 | 54 | | potential distributees in a supplemental or amended affidavit. |
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| 55 | 55 | | (e) When service is required by Subsection (b), a court may |
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| 56 | 56 | | appoint an attorney ad litem to represent the interests of |
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| 57 | 57 | | potential distributees, whether known or unknown. |
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| 58 | 58 | | SECTION 2. This Act takes effect September 1, 2025. |
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