Texas Property Code 71.101 – Petition for Escheat
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(a) If any person, including the attorney general, the comptroller, or a district attorney, criminal district attorney, county attorney, county clerk, district clerk, or attorney ad litem is informed or has reason to believe that real or personal property is subject to escheat under this chapter, the person may file a sworn petition requesting the escheat of the property and requesting a writ of possession for the property.
(b) The petition must contain:
(1) a description of the property;
(2) the name of the deceased owner of the property;
(3) the name of the tenants or persons claiming the estate, if known; and
(4) the facts supporting the escheat of the estate.
Terms Used In Texas Property Code 71.101
- Comptroller: means the state comptroller of public accounts. See Texas Government Code 312.011
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Personal property: All property that is not real property.
- Property: means real and personal property. See Texas Government Code 311.005
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If the petition is filed by a person other than the attorney general, the person shall send to the attorney general written notice of the filing and a copy of the petition to permit the attorney general to elect to participate on behalf of the state.
(d) An action brought under this section is governed by the procedure relating to class actions provided by the Texas Rules of Civil Procedure.
(e) A petition filed under this section is not subject to an objection relating to misjoinder of parties or causes of action.