In this blog post, one of our top Dallas probate attorneys will explain the concept and use of a citation relevant to probate law, its advantages and disadvantages and whether or not it is prudent to sign a “waiver of citation” relative to trust litigation in Texas. If you live in the Dallas-Fort Worth Area, feel free to call or come by for an initial phone consultation with a top probate lawyer.
~ Editor’s Note
Citation in Probate – Should I Sign a Waiver of Citation?
Citation is a term used to describe a type of notice that certain people receive in court cases. Typically, citation is issued to individuals whose rights will be affected by a court case. In certain probate cases, citation is issued, for example, to potential heirs to determine who is entitled to receive property. In a guardianship, citation is issued to the person who is claimed to be incapacitated.
The law sometimes requires that interested individuals be personally served with citation, which means that the sheriff or a process server visits with the person and hands him or her the citation and a copy of the documents filed with the court. To save the expense of serving someone and because it is generally faster, individuals sometimes will sign a waiver of service or a waiver of citation. The waiver in most cases simply means that the individual does not want to be personally served, and it keeps costs down and the proceedings efficient.
However, sometimes, waivers have language that provide that the individual does not want to be notified of any further proceedings in the case. Without such language, the person might otherwise be entitled to be informed of certain events that arise in the case. For an individual who is interested in an estate administration or a guardianship, a waiver can be a powerful document.
Editor’s Summary: Citation in Probate – Should I Sign a Waiver of Citation? ~ Dallas, Texas
Probate law can be very difficult to interpret and understand. It is no wonder we get so many calls from people in the Dallas area with questions about trust and probate legal matters. Often, a family member dies in Dallas and the probate process begins; in other situations some family members live in Dallas or elsewhere in Texas, and others live out of state, and a probate or trust dispute may begin. Regardless, the process of citation with respect to the probate process is something best handled by an experienced probate attorney, licensed to practice law in Texas. If you are not completely sure of what the verbiage means in any legal document you are asked to sign, it is always best to seek out the advice of experienced probate attorneys. Contact our Dallas office today for an initial phone consultation on your specific probate or probate litigation matters.