Texas Estates Code 51.103 – Proof of Service
(a) Proof of service in each case requiring citation or notice must be filed before the hearing.
(b) Proof of service consists of:
(1) if the service is made by a sheriff or constable, the return of service;
(2) if the service is made by a private person, the person’s affidavit;
(3) if the service is made by a qualified delivery method:
(A) the certificate of the county clerk making the service, or the affidavit of the personal representative or other person making the service, stating that the citation or notice was mailed, deposited with a private delivery service, or delivered by courier, as applicable, and the date of the mailing or deposit with the delivery service or the date of the courier delivery, as applicable; and
(B) the return receipt or other proof of delivery receipt attached to the certificate or affidavit, as applicable, if the sending was by a qualified delivery method and a receipt is available; and
(4) if the service is made by publication:
(A) a statement:
(i) made by the Office of Court Administration of the Texas Judicial System or an employee of the office;
(ii) that contains or to which is attached a copy of the published citation or notice; and
(iii) that states the date of publication on the public information Internet website maintained as required by § 72.034, Government Code; and
(B) an affidavit:
(i) made by the publisher of the newspaper in which the citation or notice was published or an employee of the publisher;
(ii) that contains or to which is attached a copy of the published citation or notice; and
(iii) that states the date of publication printed on the newspaper in which the citation or notice was published.
Terms Used In Texas Estates Code 51.103
- 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 - 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