Texas Property Code Title 6, Chapter 71 - Escheat Of Property

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 71.001 - Escheat
  (a) If an individual dies intestate and without heirs, the real and personal property of that individual is subject to escheat. (b) "Escheat" means the...
• Texas Section 71.002 - Presumption Of Death
  An individual is presumed dead for the purpose of determining if the individual's real or personal property is subject to escheat if the individual: (1)...
• Texas Section 71.003 - Presumption Of Intestacy
  An individual is presumed to have died intestate if, on or before the seventh anniversary of the date of the individual's death, the individual's will...
• Texas Section 71.004 - Presumption Of Death Without Heirs
  An individual is presumed to have died leaving no heirs if for the seven-year period preceding the court's determination: (1) a lawful claim to the...
• Texas Section 71.005 - Act Of Ownership
  For the purposes of this chapter, an individual exercises a lawful act of ownership in property by, personally or through an agent, paying taxes to...
• Texas Section 71.006 - Review Of Probate Decree
  (a) If the state claims that an estate that has been administered in probate court in this state is subject to escheat, the state may...

SUBCHAPTER B ESCHEAT PROCEEDINGS

• Texas Section 71.007 - Identification Of Real Property Subject To Escheat
  The tax assessor-collector of each county shall: (1) take all steps necessary to identify real property that may be subject to escheat; and (2) notify...
• Texas Section 71.101 - Petition For Escheat
  (a) If any person, including the attorney general, the comptroller, or a district attorney, criminal district attorney, county attorney, county clerk, district clerk, or attorney...
• Texas Section 71.102 - Citation
  (a) If a petition is filed under this subchapter, the district clerk shall issue citation as in other civil suits to: (1) each defendant alleged...
• Texas Section 71.103 - Party To Proceeding
  (a) A person who exercises a lawful act of ownership in property that is the subject of an escheat proceeding must be made a party...
• Texas Section 71.104 - Appearance Of Claimants
  Any person, whether named in the escheat petition or not, who claims an interest in property that is the subject of an escheat proceeding may...
• Texas Section 71.105 - Trial
  (a) If a person appears and denies the state's right to the property or opposes a material fact of the petition, the court shall try...
• Texas Section 71.106 - Default Judgment
  If citation is issued in accordance with Section 71.102 and no person answers within the period provided by the Texas Rules of Civil Procedure, the...
• Texas Section 71.107 - Judgment For State
  (a) If the court renders a judgment for the state finding that an intestate died without heirs, the property escheats to the state and title...
• Texas Section 71.108 - Costs Paid By State
  If the property does not escheat, the state shall pay court costs. The clerk of the court shall certify the amount of the costs, and...

SUBCHAPTER C DISPOSITION OF ESCHEATED PROPERTY

• Texas Section 71.109 - Appeal; Writ Of Error
  A party who appeared at an escheat proceeding may appeal the judgment rendered or may file an application for a writ of error on the...
• Texas Section 71.201 - Seizure And Sale Of Personal Property
  (a) If personal property escheated to the state, the court shall issue to the sheriff a writ that commands the sheriff to seize the escheated...
• Texas Section 71.202 - Disposition Of Real Property
  (a) Real property that escheats to the state under this title before January 1, 1985, becomes a part of the permanent school fund. Real property...

SUBCHAPTER D RECOVERY OF ESCHEATED PROPERTY

• Texas Section 71.203 - Account Of Escheated Property
  The comptroller shall keep an account of the money paid to and real property vested in this state under this chapter. Acts 1983, 68th Leg.,...
• Texas Section 71.301 - Suit For Escheated Personal Property
  (a) If personal property of a deceased owner escheats to the state under this chapter and is delivered to the state, a person who claims...
• Texas Section 71.302 - Recovery Of Personal Property
  (a) If in a suit filed under Section 71.301 the court finds that a claimant is entitled to recover personal property, the court shall order...
• Texas Section 71.303 - Suit For Escheated Real Property
  (a) If real property escheats to the state under this chapter, a person who was not personally served with citation in the escheat proceedings may...
• Texas Section 71.304 - State As Party In Suit For Assets
  (a) A suit brought for the collection of personal property delivered to the comptroller under this chapter must be brought in the name of this...

Last modified: September 28, 2016