Sec. 202.203. CORRECTION OF JUDGMENT AT REQUEST OF HEIR NOT PROPERLY SERVED. If an heir of a decedent who is the subject of a proceeding to declare heirship is not served with citation by registered or certified mail 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle E - Intestate Succession
Chapter 202 - Determination of Heirship
Subchapter E. Judgment in Proceeding to Declare Heirship
Section 202.201. Required Statements in Judgment
Section 202.202. Finality and Appeal of Judgment
Section 202.203. Correction of Judgment at Request of Heir Not Properly Served
Section 202.204. Limitation of Liability of Certain Persons Acting in Accordance With Judgment
Section 202.205. Effect of Certain Judgments on Liability to Creditors