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Texas Estates Code - EST § 202.203. Correction of Judgment at Request of Heir Not Properly Served

Current as of January 01, 2024 | Updated by Findlaw Staff

If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by a qualified delivery method or personal service in the proceeding, the heir may:

(1) have the judgment in the proceeding corrected by bill of review:

(A) at any time, but not later than the fourth anniversary of the date of the judgment;  or

(B) after the passage of any length of time, on proof of actual fraud;  and

(2) recover the heir's just share of the property or the value of that share from:

(A) the heirs named in the judgment;  and

(B) those who claim under the heirs named in the judgment and who are not bona fide purchasers for value.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 202.203. Correction of Judgment at Request of Heir Not Properly Served - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-202-203/

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