Texas Estates Code 362.005 – Citation and Notice On Presentation of Account
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(a) On the presentation of an account for final settlement by a temporary or permanent personal representative, the county clerk shall issue citation to the persons and in the manner provided by Subsection (b).
(b) Citation issued under Subsection (a) must:
(1) contain:
(A) a statement that an account for final settlement has been presented;
(B) the time and place the court will consider the account; and
(C) a statement requiring the person cited to appear and contest the account, if the person wishes to contest the account; and
(2) be given to each heir or distributee of the decedent by a qualified delivery method unless the court by written order directs another method of service to be given.
Terms Used In Texas Estates Code 362.005
- 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 - Decedent: A deceased person.
- 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
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - 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
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - 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 - Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The personal representative shall also provide to each person entitled to citation under Subsection (b) a copy of the account for final settlement either by:
(1) a qualified delivery method; or
(2) electronic delivery, including facsimile or e-mail.
(d) The court by written order shall require additional notice if the court considers the additional notice necessary.
(e) The court may allow the waiver of citation of an account for final settlement in a proceeding concerning a decedent’s estate.
(f) The personal representative shall file an affidavit sworn to by the personal representative or a certificate signed by the personal representative’s attorney stating:
(1) that the citation was given as required by this section;
(2) the name of each person to whom the citation was given, if the person’s name is not shown on the proof of delivery;
(3) the name of each person executing a waiver of citation; and
(4) that each person entitled to citation was provided a copy of the account for final settlement, indicating the method of delivery for each person.