CAN PRIVATE PROCESS SERVERS SERVE PROBATE
COURT CITATIONS AND OTHER NOTICES?
The Texas Supreme Court certification program only applies to process being served
pursuant to Rules 103 and 536 of the Texas Rules of Civil Procedure. The probate courts
have their own set of rules.
According to the Texas Probate Code, Chapter 1, Section 33(f)(1), citations must be served by
the sheriff or constable. However, some probate courts evidently allow private process
servers to serve such process. Some either ignore the law or simply don't know the law
exists. It is the duty of each private process server to check with his or her client before
serving any probate court process. When doing so, certified process servers are advised to
get it in writing so the Process Server Review Board will not revoke your certification.
A similar provision exists for Guardianship matters under Chapter 13, Part D, Section 632(f)(1).
So, the answer is "NO" unless some other rule or permission allows it and we know of no
such rule, law or other provision. For instance, in Travis County, probate court Judge, Guy
Herman, will not allow private process servers to serve probate court process. The probate
court clerks in this county have been instructed to not release process to private process
servers.
The CPSAT is working on legislation that will allow private process servers to serve probate
court process statewide.
Story by:
CPSAT