Estates Code › Title 3 › Chapter 1051 › Subchapter B

Texas Estates Code § 1051.055

Service on Party's Attorney of Record

Notices and Process in Guardianship Proceedings in General · Methods of Serving Citation or Notice; Persons to Be Served

(a) If a party is represented by an attorney of record in a guardianship proceeding, including a proposed ward who has been personally served with notice of the proceeding and is represented by an attorney ad litem, a citation or notice required to be served on the party shall be served instead on that attorney.

(b) A notice served on an attorney under this section may be served by delivery to the attorney in person or by a qualified delivery method.

(c) A notice or citation may be served on an attorney under this section by:

(1) another party to the proceeding;

(2) the attorney of record for another party to the proceeding;

(3) an appropriate sheriff or constable; or

(4) another person competent to testify.

(d) Each of the following is prima facie evidence of the fact that service has been made under this section:

(1) the written statement of an attorney of record showing service;

(2) the return of the officer showing service; and

(3) the affidavit of a person showing service.

(e) Except as provided by Section 1051.105, an attorney ad litem may not waive personal service of citation.

Official text of the Texas Estates Code as published by the Texas Legislative Council.

Official source
Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Acts 2023, 88th Leg., R.S., Ch. 123 (H.B. 785), Sec. 5, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 207 (S.B. 1457), Sec. 5, eff. September 1, 2023.

This section refers to

§ 1051.105

Sections that refer to this one

§ 1051.051