Sec. 258.051. NOTICE TO HEIRS. (a) Except as provided by Subsection (c), an applicant for the probate of a will under Section 256.003(a) must give notice by service of process to each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence.
(b) The notice required by Subsection (a) must:
(1) contain a statement that:
(A) the testator's property will pass to the testator's heirs if the will is not admitted to probate; and
(B) the person offering the testator's will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator's death; and
(2) be given before the probate of the testator's will.
(c) Notice otherwise required by Subsection (a) is not required to be given to an heir who has delivered to the court an affidavit signed by the heir that:
(1) contains the statement described by Subsection (b)(1); and
(2) states that the heir does not object to the offer of the testator's will for probate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
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