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Citation

Citation. General Rule PC § 128(a)(1); EC § 258.001. Posting on the courthouse door or a place nearby where notices are customarily posted. Done by clerk (covered by filing fee). Lubbock County Courthouse. Lubbock County Courthouse. Courthouse Door. Bulletin Board.

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Citation

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Presentation Transcript

  1. Citation

  2. General RulePC § 128(a)(1); EC § 258.001 • Posting on the courthouse door or a place nearby where notices are customarily posted. • Done by clerk (covered by filing fee).

  3. Lubbock County Courthouse

  4. Lubbock County Courthouse

  5. Courthouse Door

  6. Bulletin Board

  7. Citation for Probate Application

  8. Citation for Probate Application

  9. Citation for Probate Application

  10. Constitutional County Court Judge

  11. County Court at Law Judges

  12. Courtroom

  13. Estate of Ross – p. 80 • Does posting comport with due process?

  14. Exceptions to posting • 1. Local Rules • Local court rules may imposed additional notice requirements.

  15. Exceptions to posting • 2. Written will not produced in court • Personal Service to testator’s heirs, if they are Texas residents and their residence known. • Publication Service in other cases. • PC § 128(b); EC § 258.002

  16. Exceptions to posting • 3. Late probated will • Service on testator’s heirs or, if another will has already been probated, the beneficiaries of that will. • Statute does not state method of service. Thus, a court order is needed. • PC § 128B; EC § § 258.051-258.053

  17. Timing • Must be posted (or served or published) for not less than 10 days before the return date. • On the first Monday after those ten days, a hearing may be held. • PC § 33(g); EC § 51.104

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