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Tex. Prop. Code § 71.301

SUIT FOR ESCHEATED PERSONAL PROPERTY

Applied in 1 court decision — leading case K.D.F. v. Rex (1994)

Most recently applied in K.D.F. v. Rex (June 1994)

Acts 1983, 68th Leg., p. 3590, ch. 576, Sec. 1, eff

(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 the property as an heir, devisee, or legatee of the deceased may file suit against the state in a district court of Travis County, Texas. The suit must be filed on or before the fourth anniversary of the date of the final judgment of the escheat proceeding.

(b) The petition must state the nature of the claim and request that the money be paid to the claimant.

(c) A copy of the petition shall be served on the comptroller, who shall represent the interests of the state. As the comptroller elects and with the approval of the attorney general, the attorney general, the county attorney or criminal district attorney for the county, or the district attorney for the district shall represent the comptroller.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.