When a probate case is opened in Texas, there are typically two types of required citations: the Citation by Posting, also known as the Poster Citation and the Personal Citation. There is also a Citation by Publication. This post will address the Personal Citation.
In an intestate (no will) case, all heirs are entitled to service of the personal citation. The goal of this citation is to give notice to all potential heirs that the case is pending, i.e. to anyone whose rights will be affected by the case. Some potential heirs are required to be personally served with the citation by the Sheriff or Constable, but the law allows for said potential heirs to â€œwaive serviceâ€ which means that the potential heir understands that the case is pending, receives a copy of any documents pending in the case, and enters al appearance in the case.
Waiving service of citation is generally less expensive and quicker. Anyone waiving service of citation should carefully scrutinize the waiver of citation form because some forms contain language which states that the party does not want to be notified of any future proceedings in the case. A better option is to request that all documents are electronically served (e-served) by the electronic filing system. This is free and you will receive service by e-mail. It is best to consult with an attorney in order to review any waiver of service prior to signing the waiver of citation.