2023 Changes To The Texas Estates Code And Trust Code

The Texas Legislature meets every other year to tinker with the laws of the State of Texas. In 2023, several changes were made to the Estates Code and Trust Code. The following changes were made to address various issues:   Qualified Delivery Method – Given the trouble with green cards (the fact that they are […]

The Texas Legislature meets every other year to tinker with the laws of the State of Texas. In

2023, several changes were made to the Estates Code and Trust Code. The following changes

were made to address various issues:

 

Qualified Delivery Method – Given the trouble with green cards (the fact that they are either

never returned or returned without a signature) the Legislature implanted a new rule permitting

delivery by private delivery services permitted by the U.S. Secretary of the Treasury with proof

of delivery receipt. This includes UPS, DHL, and FedEx.

 

Oath or Declaration – Where an oath was previously required, which necessitated having a

notary public, the statutes have been revised to permit declarations, which do not require a

notary. The form of the declaration is prescribed in each specific statute.

 

Wavier of Service of Citation – Previously, an individual aged 12 years or older could not waive

citation. The parent or legal guardian could waive citation for a minor 12 years or younger.

Thus, any person aged 12 years or older had to be personally served with citation. Section

202.056 was revised to permit a parent to waive service of citation on a child aged 15 years old

or younger – and any individual aged 16 or older may waive service of citation.