HB3650 - Relating to service of citation on a deceased person.

  89R17118 TYPED     By: Schoolcraft H.B. No. 3650       A BILL TO BE ENTITLED   AN ACT   Relating to service of citation on a deceased person.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 51, Estates Code, is amended by adding   Sections 51.057 to read as follows:   Sec. 51.057.   SERVICE ON DECEASED PERSON.   (a) Except as otherwise   provided by Subsection (b), if a citation or notice is required to   be served on a person who is now deceased, the citation or notice   must be served on one of the following:                (1)   the personal representative of the deceased   person's estate as provided by Section 51.056;                  (2)   on each of the distributees of the deceased   person's estate if the personal representative has been discharged;                (3)   on each of the distributees of the deceased   person's estate if the independent executor has filed a closing   report or notice of closing estate; or                (4)   on each of the distributees of the deceased   person's estate if there is no administration ordered by a court,   including when the deceased person's will was admitted to probate   as muniment of title only, the court finds there is no necessity for   administration in a judgment in a proceeding declaring heirship, or   the court approves an affidavit under Chapter 205.           (b)     If there is no court order determining the distributees   of the deceased person's estate or no personal representative of   the deceased person's estate has been appointed, the citation or   notice must be served on:                   (1)     the unknown distributees of the deceased person   as provided by Section 51.054; and                   (2)     each of the potential distributees identified by   affidavit required by Subsection (c).   (c)     When service is required by Subsection (b), the Applicant   shall file with the court an Affidavit of Facts Concerning the   Identity of Potential Distrtibutees, which must:                 (1)     state the name, date of birth, date of death, and   last known address of the deceased person;                 (2)     state whether an application for the appointment   of a personal representative has been filed but not yet granted in   the county where the deceased person was domiciled;                 (3)     state whether the deceased person left a will, if   known;                 (4)     state the name, address, relationship to the   deceased person, and age of each of the potential distributees of   the deceased person; and                 (5)     state an explanation for the omission from the   affidavit of any other information required by this section.           (d)     A court may require any additional information about the   potential distributees in a supplemental or amended affidavit.           (e)     When service is required by Subsection (b), a court may   appoint an attorney ad litem to represent the interests of   potential distributees, whether known or unknown.          SECTION 2.  This Act takes effect September 1, 2025.