(a) A person who files an application under § 202.005 shall file with the court:
(1) a copy of any citation required by this subchapter and the proof of delivery of service of the citation; and
(2) an affidavit sworn to by the applicant or a certificate signed by the applicant’s attorney stating:
(A) that the citation was served as required by this subchapter;
(B) the name of each person to whom the citation was served, if the person’s name is not shown on the proof of delivery; and
(C) if service of citation is waived under § 202.056:
(i) the name of each person who waived citation under that section; and
(ii) if citation is waived under § 202.056(b)(1), the name of the distributee and the representative capacity of the person who waived citation required to be served on the distributee.
(b) The court may not enter an order in the proceeding to declare heirship under Subchapter E until the affidavit or certificate required by Subsection (a) is filed.

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Terms Used In Texas Estates Code 202.057

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Court: means and includes:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise original probate jurisdiction; and
    (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
  • Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
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