Rule 113.Citation by Publication in Actions Against Unknown Owners or Claimants of Interest in Land
Last amended September 1, 1990 · Last verified June 28, 2026
In one sentenceRule 113 requires the plaintiff in an unknown-land-claimant suit to file an affidavit naming the conveyance's grantee, stating that no other claimants are known, and addressing whether a company grantee is incorporated, before the clerk issues publication citation.
In suits authorized by Section 17.005, Civil Practice and Remedies Code, plaintiff, his agent or attorney shall make and file with the clerk of the court an affidavit, stating
(a)the name of the grantee as set out in the conveyance constituting source of title of defendants, and
(b)stating that affiant does not know the names of any persons claiming title or interest under such conveyance other than as stated in plaintiff's petition and
(c)if the conveyance is to a company or association name as grantee, further stating whether grantee is incorporated or unincorporated, if such fact is known, and if such fact is unknown, so stating.
Said clerk shall thereupon issue a citation for service upon all persons claiming any title or interest in such land under such conveyance. The citation in such cases shall contain the requisites and be served in the manner provided in Rules 114, 115 and 116.
End
Plain-English Summary
Rule 113 supplies the affidavit that triggers publication under Rule 112. In a suit authorized by Section 17.005 of the Civil Practice and Remedies Code, the plaintiff files a sworn statement giving the grantee's name as set out in the conveyance that is the defendants' source of title; stating that the affiant does not know the names of any claimants under that conveyance beyond those in the petition; and, if the grantee is a company or association, stating whether it is incorporated, or that the fact is unknown.
On that affidavit, the clerk issues a citation for service on all persons claiming an interest under the conveyance, with the requisites and service of Rules 114, 115, and 116.
Frequently Asked Questions
What affidavit is needed to cite unknown land claimants in Texas?
Under Rule 113, an affidavit naming the conveyance's grantee, stating no other claimants are known beyond those in the petition, and, for a company grantee, whether it is incorporated.
Why does the Rule 113 affidavit ask whether the grantee is incorporated?
The grantee's corporate status helps identify who now holds that interest, since it can affect who must be reached through the class citation naming the grantee's successors.
What does the clerk do once the Rule 113 affidavit is filed?
The clerk issues a citation for service on everyone claiming an interest under the conveyance, using the requisites and service methods Rules 114, 115, and 116 set out.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 113), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as:affidavit for unknown land claimantscitation by publicationinterest in landTRCP 113