89R17118 TYPED
By: Schoolcraft H.B. No. 3650
A BILL TO BE ENTITLED
AN ACT
Relating to service of citation on a deceased person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 51, Estates Code, is amended by adding
Sections 51.057 to read as follows:
Sec. 51.057. SERVICE ON DECEASED PERSON. (a) Except as otherwise
provided by Subsection (b), if a citation or notice is required to
be served on a person who is now deceased, the citation or notice
must be served on one of the following:
(1) the personal representative of the deceased
person's estate as provided by Section 51.056;
(2) on each of the distributees of the deceased
person's estate if the personal representative has been discharged;
(3) on each of the distributees of the deceased
person's estate if the independent executor has filed a closing
report or notice of closing estate; or
(4) on each of the distributees of the deceased
person's estate if there is no administration ordered by a court,
including when the deceased person's will was admitted to probate
as muniment of title only, the court finds there is no necessity for
administration in a judgment in a proceeding declaring heirship, or
the court approves an affidavit under Chapter 205.
(b) If there is no court order determining the distributees
of the deceased person's estate or no personal representative of
the deceased person's estate has been appointed, the citation or
notice must be served on:
(1) the unknown distributees of the deceased person
as provided by Section 51.054; and
(2) each of the potential distributees identified by
affidavit required by Subsection (c).
(c) When service is required by Subsection (b), the Applicant
shall file with the court an Affidavit of Facts Concerning the
Identity of Potential Distrtibutees, which must:
(1) state the name, date of birth, date of death, and
last known address of the deceased person;
(2) state whether an application for the appointment
of a personal representative has been filed but not yet granted in
the county where the deceased person was domiciled;
(3) state whether the deceased person left a will, if
known;
(4) state the name, address, relationship to the
deceased person, and age of each of the potential distributees of
the deceased person; and
(5) state an explanation for the omission from the
affidavit of any other information required by this section.
(d) A court may require any additional information about the
potential distributees in a supplemental or amended affidavit.
(e) When service is required by Subsection (b), a court may
appoint an attorney ad litem to represent the interests of
potential distributees, whether known or unknown.
SECTION 2. This Act takes effect September 1, 2025.