Sec. 53.106. EXECUTIONS IN PROBATE MATTERS. (a) An execution in a probate matter must be:
(1) directed "to any sheriff or any constable within the State of Texas";
(2) attested and signed by the clerk officially under court seal; and
(3) made returnable in 60 days.
(b) A proceeding under an execution described by Subsection (a) is governed, to the extent applicable, by the laws regulating a proceeding under an execution issued by a district court.
(c) Notwithstanding Subsection (a), an execution directed to the sheriff or a constable of a specific county in this state may not be held defective if properly executed within that county by the sheriff or constable to whom the execution is directed.
Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle B - Procedural Matters
Chapter 53 - Other Court Duties and Procedures
Subchapter C. Procedures for Probate Matters
Section 53.101. Calling of Dockets
Section 53.102. Setting of Certain Hearings by Clerk
Section 53.103. Rendering of Decisions, Orders, Decrees, and Judgments
Section 53.104. Appointment of Attorneys Ad Litem
Section 53.106. Executions in Probate Matters
Section 53.107. Inapplicability of Certain Rules of Civil Procedure