Texas Estates Code

§ 202.203 — CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT PROPERLY SERVED

ES § 202.203Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part E. INTESTATE SUCCESSION · Ch. 202. DETERMINATION OF HEIRSHIP · Art. E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP

Statute text

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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

…

Legislative history

Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 16, eff. September 1, 2023.