Texas Estates Code 51.055 – Service On Party’s Attorney of Record
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(a) If a party is represented by an attorney of record in a probate proceeding, each citation or notice required to be served on the party in that proceeding shall be served instead on that attorney. A notice under this subsection may be served by delivery to the attorney in person or by a qualified delivery method.
(b) A notice may be served on an attorney of record under this section by:
(1) another party to the proceeding;
(2) the attorney of record for another party to the proceeding;
(3) the appropriate sheriff or constable; or
(4) any other person competent to testify.
Terms Used In Texas Estates Code 51.055
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295 - Testify: Answer questions in court.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Each of the following is prima facie evidence of the fact that service has been made under this section:
(1) the written statement of an attorney of record showing service;
(2) the return of the officer showing service; and
(3) the affidavit of any other person showing service.