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Texas Laws | Property Code
PROPERTY CODE
TITLE 6. UNCLAIMED PROPERTY

Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984. (5234)

Sec. 71.006. REVIEW OF PROBATE DECREE. (5235)(Text)

(a) If the state claims that an estate that has been administered in probate court in this state is subject to escheat, the state may have the judgment of the probate court reviewed by filing a petition in district court alleging that the administration of the estate was obtained by fraud or mistake of fact. (5236)

(b) The case shall be tried in accordance with the law for the revision and correction of a decree of the probate court. (5237)

Acts 1983, 68th Leg., p. 3585, ch. 576, Sec. 1, eff. Jan. 1, 1984. (5238)

Sec. 71.007. IDENTIFICATION OF REAL PROPERTY SUBJECT TO ESCHEAT. (5239)(Text)

The tax assessor-collector of each county shall: (5240)

(1) take all steps necessary to identify real property that may be subject to escheat; and (5241)

(2) notify the commissioner of the General Land Office and the attorney general so that they may take appropriate action. (5242)

Added by Acts 2003, 78th Leg., ch. 1276, Sec. 13.002(d), eff. Sept. 1, 2003. (5243)

SUBCHAPTER B. ESCHEAT PROCEEDINGS (5244)(Text)
Sec. 71.101. PETITION FOR ESCHEAT. (5245)(Text)

(a) If any person, including the attorney general, the comptroller, or a district attorney, criminal district attorney, county attorney, county clerk, district clerk, or attorney ad litem is informed or has reason to believe that real or personal property is subject to escheat under this chapter, the person may file a sworn petition requesting the escheat of the property and requesting a writ of possession for the property. (5246)

(b) The petition must contain: (5247)

(1) a description of the property; (5248)

(2) the name of the deceased owner of the property; (5249)

(3) the name of the tenants or persons claiming the estate, if known; and (5250)

(4) the facts supporting the escheat of the estate. (5251)

(c) If the petition is filed by a person other than the attorney general, the person shall send to the attorney general written notice of the filing and a copy of the petition to permit the attorney general to elect to participate on behalf of the state. (5252)

(d) An action brought under this section is governed by the procedure relating to class actions provided by the Texas Rules of Civil Procedure. (5253)

(e) A petition filed under this section is not subject to an objection relating to misjoinder of parties or causes of action. (5254)

Acts 1983, 68th Leg., p. 3586, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 230, Sec. 4, eff. Sept. 1, 1985; Acts 1991, 72nd Leg., ch. 153, Sec. 1, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1037, Sec. 4, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 16.01, eff. Sept. 1, 1997. (5255)

Sec. 71.102. CITATION. (5256)(Text)

(a) If a petition is filed under this subchapter, the district clerk shall issue citation as in other civil suits to: (5257)

(1) each defendant alleged by the petition to possess or claim the property that is the subject of the petition; (5258)

(2) any person required by this chapter to be cited; and (5259)

(3) persons interested in the estate, including lienholders of record. (5260)

(b) The citation required by Subdivision (3) of Subsection (a) must be published as required for other civil suits and must: (5261)

(1) briefly state the contents of the petition; and (5262)

(2) request all persons interested in the estate to appear and answer at the next term of the court. (5263)

Acts 1983, 68th Leg., p. 3587, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1985, 69th Leg., ch. 923, Sec. 21, eff. Aug. 26, 1985. (5264)

Sec. 71.103. PARTY TO PROCEEDING. (5265)(Text)

(a) A person who exercises a lawful act of ownership in property that is the subject of an escheat proceeding must be made a party to the proceeding by: (5266)

(1) personal service of citation if the person is a resident of this state and the person's address can be obtained by reasonable diligence; or (5267)

(2) service of citation on a person's agent if the person is a nonresident or a resident who cannot be found and the agent can be found by the use of reasonable diligence. (5268)

(b) For the purposes of this section, reasonable diligence includes an inquiry and investigation of the records of the office of the tax assessor-collector of the county in which the property sought to be escheated is located. (5269)

(c) The comptroller is an indispensable party to any judicial or administrative proceeding concerning the disposition and handling of property that is the subject of an escheat proceeding and must be made a party to the proceeding by personal service of citation. (5270)

Acts 1983, 68th Leg., p. 3587, ch. 576, Sec. 1, eff. Jan. 1, 1984. Amended by Acts 1991, 72nd Leg., ch. 153, Sec. 2, eff. Sept. 1, 1991; Acts 1997, 75th Leg., ch. 1037, Sec. 5, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1423, Sec. 16.02, eff. Sept. 1, 1997. (5271)

Sec. 71.104. APPEARANCE OF CLAIMANTS. (5272)(Text)

Any person, whether named in the escheat petition or not, who claims an interest in property that is the subject of an escheat proceeding may appear, enter a pleading, and oppose the facts stated in the petition. (5273)

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