Texas § ES.362.005 - CITATION AND NOTICE ON PRESENTATION OF ACCOUNT
Full text of Texas The Texas Constitution § ES.362.005 — CITATION AND NOTICE ON PRESENTATION OF ACCOUNT, with citation guidance and answers to common questions.
§ ES.362.005. CITATION AND NOTICE ON PRESENTATION OF ACCOUNT
CITATION AND NOTICE ON PRESENTATION OF ACCOUNT. (a) On the presentation of an account for final settlement by a temporary or permanent personal representative, the county clerk shall issue citation to the persons and in the manner provided by Subsection (b). (b) Citation issued under Subsection (a) must: (1) contain: (A) a statement that an account for final settlement has been presented; (B) the time and place the court will consider the account; and (C) a statement requiring the person cited to appear and contest the account, if the person wishes to contest the account; and (2) be given to each heir or distributee of the decedent by a qualified delivery method unless the court by written order directs another method of service to be given. (c) The personal representative shall also provide to each person entitled to citation under Subsection (b) a copy of the account for final settlement either by: (1) a qualified delivery method; or (2) electronic delivery, including facsimile or e-mail. (d) The court by written order shall require additional notice if the court considers the additional notice necessary. (e) The court may allow the waiver of citation of an account for final settlement in a proceeding concerning a decedent's estate. (f) The personal representative shall file an affidavit sworn to by the personal representative or a certificate signed by the personal representative's attorney stating: (1) that the citation was given as required by this section; (2) the name of each person to whom the citation was given, if the person's name is not shown on the proof of delivery; (3) the name of each person executing a waiver of citation; and (4) that each person entitled to citation was provided a copy of the account for final settlement, indicating the method of delivery for each person. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912 ), Sec. 47, eff. January 1, 2014. Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271 ), Sec. 31, eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 35, eff. September 1, 2023.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.362.005
What does The Texas Constitution § ES.362.005 cover?
Section ES.362.005 ("CITATION AND NOTICE ON PRESENTATION OF ACCOUNT") 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.362.005?
A common citation format is "The Texas Constitution § ES.362.005" (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.362.005 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.