Area of Law(11 items): Estates

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Code Content of Notice
51.054 Service by Publication. (a) Citation or notice to a person to be served by publication shall be published one time in a newspaper of general circulation in the county in which the proceeding is pending. The publication must be made at least 10 days before the return day of the service, excluding the date of publication. (b) The date of service of citation or notice by publication is the date of publication printed on the newspaper in which the citation or notice is published. (c) If no newspaper is published, printed, or of general circulation in the county in which the citation or notice is to be published, the citation or notice under Subsection (a) shall be served by posting. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. --- (read law)
51.103 51.103. Proof of Service. (a) Proof of service in each case requiring citation or notice must be filed before the hearing. (b) Proof of service consists of: (4) if the service is made by publication, an affidavit: (A) made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher; (B) that contains or to which is attached a copy of the published citation or notice; and (C) that states the date of publication printed on the newspaper in which the citation or notice was published. Added by Acts 2009, 81st Leg., ch. 680, subsection 1, eff. Jan. 1, 2014. Prior law: VATS Probate Code subsection 33(i). --- (read law)
308.051 Required Notice Regarding Presentment of Claims in General. (a) Within one month after receiving letters testamentary or of administration, a personal representative of an estate shall provide notice requiring each person who has a claim against the estate to present the claim within the period prescribed by law by: (1) having the notice published in a newspaper printed in the county in which the letters were issued; and (2) if the decedent remitted or should have remitted taxes administered by the comptroller by certified or registered mail. (b) Notice provided under Subsection (a) must include: (1) the date the letters testamentary or of administration were issued to the personal representative; (2) the address to which a claim may be presented; and (3) an instruction of the representative's choice that the claim be addressed in care of: (A) the representative; (B) the representative's attorney; or (C) "Representative, Estate of _____________" (naming the estate). (c) If a newspaper is not printed in the county in which the letters testamentary or of administration were issued, the notice must be posted and the return made and filed as otherwise required by the title. Added by Acts 2009, 81st Leg., ch. 680, subsection 1, eff. Jan. 1, 2014. Prior law: VATS Probate Code subsection 294(a), (c). --- (read law)
308.052 Proof of Publication. A copy of the published notice required by Section 308.051(a)(1), together with the publisher's affidavit, sworn to and subscribed before a proper officer, to the effect that the notice was published as provided in this title for the service of citation or notice by publication, shall be filed in the court in which the cause is pending. Added by Acts 2009, 81st Leg., subsection 1, eff. Jan. 1, 2014. Prior law: VATS Probate Code subsection 294(b). --- (read law)
308.055 One Notice Sufficient. A personal representative is not required to give a notice required by Section 308.051 or 308.053 if another person also is appointed as personal representative of the estate or a former personal representative of the estate has given that notice. Added by Acts 2009, 81st Leg., ch. 680 subsection 1, eff. Jan. 1, 2014. Prior law: VATS Probate Code subsection 296. --- (read law)
358.054 Estates of decedents; durable powers of attorney, continuation of administration, matters relating to mineral properties, notice of hearing on application to file for lease --- (read law)
1051.054 Guardianship and related procedures, procedural matters, notices and process in guardianship proceedings in general, issuance and form of notice or process, service by publication of notice in a newspaper --- (read law)
1051.153 Proof of service --- (read law)
1153.001 Guardianship and related procedures, administration of guardianship, notice to claimants, required notice regarding presentment of claims in general --- (read law)
1160.054 Guardianship and related procedures, administration of guardianship, matters relating to mineral properties, general provisions, notice of hearing on application --- (read law)
1160.101 SUBCHAPTER C. MINERAL LEASES AT PRIVATE SALE, AUTHORIZATION FOR LEASING OF MINERALS AT PRIVATE SALE. (a) Notwithstanding the mandatory requirements for setting a time and place for hearing a lease application under Subchapter B and the issuance, service, and return of notice, the court may authorize the making of oil, gas, and mineral leases at a private sale without public notice or advertising if, in the court's opinion, facts are set out in the application sufficient to show that it would be more advantageous to the estate that a lease be made privately and without compliance with those mandatory requirements. (b) Leases authorized under this subchapter may include pooling provisions or unitization clauses as in other cases. --- (read law)