Discretionary appointment of attorney ad litem – Estate administration

06/20/2025 , Texas , Legislation , Other subject area

In 2025, the Texas legislature enacted SB 1448, permitting the court to appoint an attorney ad litem to represent the distributees of a deceased person’s estate if service was made by publication. See 51.057(c).

We have classified the appointment of counsel as qualified, in addition to discretionary, because the attorney is seemingly charged with representing the distributees’ best interest (as opposed to being client-directed).

Bill Status: Enacted

Last action (on 06/20/2025): Effective on 9/1/25

Appointment of Counsel: Discretionary
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.