Texas § ES.258.002 - CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT
Full text of Texas The Texas Constitution § ES.258.002 — CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT, with citation guidance and answers to common questions.
§ ES.258.002. CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT
CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT. (a) On the filing of an application for the probate of a written will that cannot be produced in court, the clerk shall issue a citation to all parties interested in the estate. The citation must: (1) contain substantially the statements made in the application for probate; (2) identify the court that will act on the application; and (3) state the time and place of the court's action on the application. (b) The citation required by Subsection (a) shall be served on the testator's heirs by personal service if the heirs are residents of this state and their addresses are known. (c) Service of the citation required by Subsection (a) may be made by publication if: (1) the heirs are not residents of this state; (2) the names or addresses of the heirs are unknown; or (3) the heirs are transient persons. (d) An heir who is 16 years of age or older may waive citation required by this section to be served on the heir. (e) The parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of an heir who is younger than 16 years of age may waive citation required by this section to be served on the heir. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 18, eff. September 1, 2023.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.258.002
What does The Texas Constitution § ES.258.002 cover?
Section ES.258.002 ("CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § ES.258.002?
A common citation format is "The Texas Constitution § ES.258.002" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § ES.258.002 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.