Texas Estates Code 202.203 – Correction of Judgment At Request of Heir Not Properly Served
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Terms Used In Texas Estates Code 202.203
- Decedent: A deceased person.
- Fraud: Intentional deception resulting in injury to another.
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Property: means real and personal property. See Texas Government Code 311.005
- 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
If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by a qualified delivery method or personal service in the proceeding, the heir may:
(1) have the judgment in the proceeding corrected by bill of review:
(A) at any time, but not later than the fourth anniversary of the date of the judgment; or
(B) after the passage of any length of time, on proof of actual fraud; and
(2) recover the heir’s just share of the property or the value of that share from:
(A) the heirs named in the judgment; and
(B) those who claim under the heirs named in the judgment and who are not bona fide purchasers for value.