Texas Estates Code 51.003 – Contents of Citation or Notice
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(a) A citation or notice must:
(1) be directed to the person to be cited or notified;
(2) be dated;
(3) state the style and number of the proceeding;
(4) state the court in which the proceeding is pending;
(5) describe generally the nature of the proceeding or matter to which the citation or notice relates;
(6) direct the person being cited or notified to appear by filing a written contest or answer or to perform another required action; and
(7) state when and where the appearance or performance described by Subdivision (6) is required.
(b) A citation or notice issued by the county clerk must be styled “The State of Texas” and be signed by the clerk under the court’s seal.
Terms Used In Texas Estates Code 51.003
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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 - in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- 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 - Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A notice required to be given by a personal representative must be in writing and be signed by the representative in the representative’s official capacity.
(d) A citation or notice is not required to contain a precept directed to an officer, but may not be held defective because the citation or notice contains a precept directed to an officer authorized to serve the citation or notice.