Texas Estates Code 51.203 – Service of Notice of Intention to Take Depositions in Certain Matters
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(a) If a will is to be probated, or in another probate matter in which there is no opposing party or attorney of record on whom to serve notice and copies of interrogatories, service may be made by posting notice of the intention to take depositions for a period of 10 days as provided by § 51.053 governing a posting of notice.
(b) When notice by posting under Subsection (a) is filed with the county clerk, a copy of the interrogatories must also be filed.
Terms Used In Texas Estates Code 51.203
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
(c) At the expiration of the 10-day period prescribed by Subsection (a):
(1) the depositions for which the notice was posted may be taken; and
(2) the judge may file cross-interrogatories if no person appears.