Sec. 362.005. CITATION AND NOTICE ON PRESENTATION OF ACCOUNT. (a) On the presentation of an account for final settlement by a temporary or permanent personal representative, the county clerk shall issue citation to the persons and in the manner provided by Subsection (b).
(b) Citation issued under Subsection (a) must:
(1) contain:
(A) a statement that an account for final settlement has been presented;
(B) the time and place the court will consider the account; and
(C) a statement requiring the person cited to appear and contest the account, if the person wishes to contest the account; and
(2) be given to each heir or distributee of the decedent by a qualified delivery method unless the court by written order directs another method of service to be given.
(c) The personal representative shall also provide to each person entitled to citation under Subsection (b) a copy of the account for final settlement either by:
(1) a qualified delivery method; or
(2) electronic delivery, including facsimile or e-mail.
(d) The court by written order shall require additional notice if the court considers the additional notice necessary.
(e) The court may allow the waiver of citation of an account for final settlement in a proceeding concerning a decedent's estate.
(f) The personal representative shall file an affidavit sworn to by the personal representative or a certificate signed by the personal representative's attorney stating:
(1) that the citation was given as required by this section;
(2) the name of each person to whom the citation was given, if the person's name is not shown on the proof of delivery;
(3) the name of each person executing a waiver of citation; and
(4) that each person entitled to citation was provided a copy of the account for final settlement, indicating the method of delivery for each person.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 47, eff. January 1, 2014.
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 31, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 35, eff. September 1, 2023.