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Texas · Through 89th 2nd Called Legislative Session, 2025

Tex. Estates Code § 1056.051: ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 3. GUARDIANSHIP AND RELATED PROCEDURES
  3. SUBTITLE C. PROCEDURAL MATTERS
  4. CHAPTER 1056. EXECUTION, ATTACHMENT, AND BILL OF REVIEW
  5. SUBCHAPTER B. ATTACHMENT OF ESTATE PROPERTY

(a) If a person interested in the estate of an incapacitated person files with the judge a written complaint made under oath alleging that the guardian is about to remove the estate or a part of the estate outside of the state, the judge may order a writ of attachment to issue, directed "to any sheriff or any constable within the State of Texas." The writ must order the sheriff or constable to:

(1) seize the estate or a part of the estate; and

(2) hold that property subject to further court order.

(b) Notwithstanding Subsection (a), a writ of attachment directed to the sheriff or constable of a specific county in this state is not defective if the writ was properly executed within that county by the sheriff or constable to whom the writ is directed.

Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Collected 2026-08-27T01:47:08Z. Source file · JSON

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