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

Tex. Estates Code § 55.151: ORDER FOR ISSUANCE OF WRIT OF ATTACHMENT.

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Where this section sits in the code
  1. ESTATES CODE
  2. TITLE 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY
  3. SUBTITLE B. PROCEDURAL MATTERS
  4. CHAPTER 55. COMPLAINTS AND CONTESTS
  5. SUBCHAPTER D. ATTACHMENT OF ESTATE PROPERTY

(a) If a person interested in an estate files with the judge a written complaint made under oath alleging that the executor or administrator of the estate is about to remove the estate or 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 the judge's additional orders regarding the complaint.

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

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.

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

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