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 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Section: Previous 53.001 53.051 53.052 53.053 53.054 53.101 53.102 53.103 53.104 53.106Last modified: September 28, 2016