reglab/housing_qa huggingface dataset:
TX Est Code § 256.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter C. Procedures for Second Application|Section 256.101. Procedure on Filing of Second Application When Original Application Has Not Been Heard

Sec. 256.101.  PROCEDURE ON FILING OF SECOND APPLICATION WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD.  (a)  If, after an application for the probate of a decedent's will or the appointment of a personal representative for the decedent's estate has been filed but before the application is heard, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall:(1)  hear both applications together; and(2)  determine:(A)  if both applications are for the probate of a will, which will should be admitted to probate, if either, or whether the decedent died intestate; or(B)  if only one application is for the probate of a will, whether the will should be admitted to probate or whether the decedent died intestate.(b)  The court may not sever or bifurcate the proceeding on the applications described in Subsection (a).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.31, eff. January 1, 2014.|
TX Est Code § 256.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter C. Procedures for Second Application|Section 256.102. Procedure on Filing of Second Application for Probate After First Will Has Been Admitted

Sec. 256.102.  PROCEDURE ON FILING OF SECOND APPLICATION FOR PROBATE AFTER FIRST WILL HAS BEEN ADMITTED.  If, after a decedent's will has been admitted to probate, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall determine:(1)  whether the former probate should be set aside; and(2)  if the former probate is to be set aside, whether:(A)  the other will should be admitted to probate; or(B)  the decedent died intestate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.103 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter C. Procedures for Second Application|Section 256.103. Procedure When Application for Probate Is Filed After Letters of Administration Have Been Granted

Sec. 256.103.  PROCEDURE WHEN APPLICATION FOR PROBATE IS FILED AFTER LETTERS OF ADMINISTRATION HAVE BEEN GRANTED.  (a)  A lawful will of a decedent that is discovered after letters of administration have been granted on the decedent's estate may be proved in the manner provided for the proof of wills.(b)  The court shall allow an executor named in a will described by Subsection (a) who is not disqualified to qualify and accept as executor.  The court shall revoke the previously granted letters of administration.(c)  If an executor is not named in a will described by Subsection (a), or if the executor named is disqualified or dead, renounces the executorship, fails or is unable to accept and qualify before the 21st day after the date of the probate of the will, or fails to present the will for probate before the 31st day after the discovery of the will, the court, as in other cases, shall grant an administration with the will annexed of the testator's estate.(d)  An act performed by the first administrator before the executor described by Subsection (b) or the administrator with the will annexed described by Subsection (c) qualifies is as valid as if no will had been discovered.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.151 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter D. Required Proof for Probate of Will|Section 256.151. General Proof Requirements

Sec. 256.151.  GENERAL PROOF REQUIREMENTS.  An applicant for the probate of a will must prove to the court's satisfaction that:(1)  the testator is dead;(2)  four years have not elapsed since the date of the testator's death and before the application;(3)  the court has jurisdiction and venue over the estate;(4)  citation has been served and returned in the manner and for the period required by this title; and(5)  the person for whom letters testamentary or of administration are sought is entitled by law to the letters and is not disqualified.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.154 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter D. Required Proof for Probate of Will|Section 256.154. Proof of Execution of Holographic Will

Sec. 256.154.  PROOF OF EXECUTION OF HOLOGRAPHIC WILL. (a) A will wholly in the handwriting of the testator that is not self-proved as provided by this title may be proved by two witnesses to the testator's handwriting. The evidence may be by:(1)  sworn testimony or affidavit taken in open court; or(2)  if the witnesses are nonresidents of the county or are residents who are unable to attend court, written or oral deposition taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.(b)  A witness being deposed for purposes of proving the will as provided by Subsection (a)(2) may testify by referring to a certified copy of the will, without the judge requiring the original will to be removed from the court's file and shown to the witness.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 28, eff. January 1, 2014.|
TX Est Code § 256.155 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter D. Required Proof for Probate of Will|Section 256.155. Procedures for Depositions When No Contest Is Filed

Sec. 256.155.  PROCEDURES FOR DEPOSITIONS WHEN NO CONTEST IS FILED.  (a)  This section, rather than Sections 256.153(c) and (d) and 256.154 regarding the taking of depositions, applies if no contest has been filed with respect to an application for the probate of a will.(b)  Depositions for the purpose of establishing a will may be taken in the manner provided by Section 51.203 for the taking of depositions when there is no opposing party or attorney of record on whom notice and copies of interrogatories may be served.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 29, eff. January 1, 2014.|
TX Est Code § 256.156 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter D. Required Proof for Probate of Will|Section 256.156. Proof of Will Not Produced in Court

Sec. 256.156.  PROOF OF WILL NOT PRODUCED IN COURT.  (a)  A will that cannot be produced in court must be proved in the same manner as provided in Section 256.153 for an attested will or Section 256.154 for a holographic will, as applicable.  The same amount and character of testimony is required to prove the will not produced in court as is required to prove a will produced in court.(b)  In addition to the proof required by Subsection (a):(1)  the cause of the nonproduction of a will not produced in court must be proved, which must be sufficient to satisfy the court that the will cannot by any reasonable diligence be produced; and(2)  the contents of the will must be substantially proved by the testimony of a credible witness who has read either the original or a copy of the will, has heard the will read, or can identify a copy of the will.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 30, eff. January 1, 2014.|
TX Est Code § 256.157 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter D. Required Proof for Probate of Will|Section 256.157. Testimony Regarding Probate to Be Committed to Writing

Sec. 256.157.  TESTIMONY REGARDING PROBATE TO BE COMMITTED TO WRITING.  (a)  Except as provided by Subsection (b), all testimony taken in open court on the hearing of an application to probate a will must be:(1)  committed to writing at the time the testimony is taken;(2)  subscribed and sworn to in open court by the witness; and(3)  filed by the clerk.(b)  In a contested case, the court, on the agreement of the parties or, if there is no agreement, on the court's own motion, may waive the requirements of Subsection (a).|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.201 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter E. Admission of Will To, and Procedures Following, Probate|Section 256.201. Admission of Will to Probate

Sec. 256.201.  ADMISSION OF WILL TO PROBATE.  If the court is satisfied on the completion of hearing an application for the probate of a will that the will should be admitted to probate, the court shall enter an order admitting the will to probate.  Certified copies of the will and the order admitting the will to probate, or of the record of the will and order, and the record of testimony, may be:(1)  recorded in other counties; and(2)  used in evidence, as the originals may be used, on the trial of the same matter in any other court when taken to that court by appeal or otherwise.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 256.202 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter E. Admission of Will To, and Procedures Following, Probate|Section 256.202. Custody of Probated Will

Sec. 256.202.  CUSTODY OF PROBATED WILL.  An original will and the probate of the will shall be deposited in the office of the county clerk of the county in which the will was probated.  The will and probate of the will shall remain in that office except during a time the will and the probate of the will are removed for inspection to another place on an order of the court where the will was probated.  If that court orders the original will to be removed to another place for inspection:(1)  the person removing the will shall give a receipt for the will;(2)  the court clerk shall make and retain a copy of the will; and(3)  the will shall be delivered back to the office of the county clerk of the county in which the will was probated after the inspection is completed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 14, eff. September 1, 2019.|
TX Est Code § 256.203 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter E. Admission of Will To, and Procedures Following, Probate|Section 256.203. Establishing Contents of Will Not in Court's Custody

Sec. 256.203.  ESTABLISHING CONTENTS OF WILL NOT IN COURT'S CUSTODY.  If for any reason a will is not in the court's custody, the court shall find the contents of the will by written order.  Certified copies of the contents as established by the order may be:(1)  recorded in other counties; and(2)  used in evidence, as certified copies of wills in the custody of the court may be used.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 31, eff. January 1, 2014.|
TX Est Code § 256.204 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 256 - Probate of Wills Generally|Subchapter E. Admission of Will To, and Procedures Following, Probate|Section 256.204. Period for Contest

Sec. 256.204.  PERIOD FOR CONTEST.  (a)  After a will is admitted to probate, an interested person may commence a suit to contest the validity thereof not later than the second anniversary of the date the will was admitted to probate, except that an interested person may commence a suit to cancel a will for forgery or other fraud not later than the second anniversary of the date the forgery or fraud was discovered.(b)  Notwithstanding Subsection (a), an incapacitated person may commence the contest under that subsection on or before the second anniversary of the date the person's disabilities are removed.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 257.001 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter A. Authorization|Section 257.001. Probate of Will as Muniment of Title Authorized

Sec. 257.001.  PROBATE OF WILL AS MUNIMENT OF TITLE AUTHORIZED.  A court may admit a will to probate as a muniment of title if the court is satisfied that the will should be admitted to probate and the court:(1)  is satisfied that the testator's estate does not owe an unpaid debt, other than any debt secured by a lien on real estate; or(2)  finds for another reason that there is no necessity for administration of the estate.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 257.051 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter B. Application and Proof Requirements|Section 257.051. Contents of Application Generally

Sec. 257.051.  CONTENTS OF APPLICATION GENERALLY.  (a)  An application for the probate of a will as a muniment of title must state and aver the following to the extent each is known to the applicant or can, with reasonable diligence, be ascertained by the applicant:(1)  each applicant's name and domicile;(1-a)  the last three numbers of each applicant's driver's license number and social security number, if the applicant has been issued one;(2)  the testator's name, domicile, and, if known, age, on the date of the testator's death;(2-a)  the last three numbers of the testator's driver's license number and social security number;(3)  the fact, date, and place of the testator's death;(4)  facts showing that the court with which the application is filed has venue;(5)  that the testator owned property, including a statement generally describing the property and the property's probable value;(6)  the date of the will;(7)  the name, state of residence, and physical address where service can be had of the executor named in the will;(8)  the name of each subscribing witness to the will, if any;(9)  whether one or more children born to or adopted by the testator after the testator executed the will survived the testator and, if so, the name of each of those children;(10)  that the testator's estate does not owe an unpaid debt, other than any debt secured by a lien on real estate, or that for another reason there is no necessity for administration of the estate;(11)  whether a marriage of the testator was ever dissolved after the will was made and, if so, when and from whom; and(12)  whether the state, a governmental agency of the state, or a charitable organization is named in the will as a devisee.(b)  If an applicant does not state or aver any matter required by Subsection (a) in the application, the application must state the reason the matter is not stated and averred.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.33(a), eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 25, eff. September 1, 2015.Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 24, eff. September 1, 2017.Acts 2017, 85th Leg., R.S., Ch. 1039 (H.B. 1814), Sec. 2, eff. September 1, 2017.Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 15, eff. September 1, 2019.|
TX Est Code § 257.052 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter B. Application and Proof Requirements|Section 257.052. Filing of Will With Application Generally Required

Sec. 257.052.  FILING OF WILL WITH APPLICATION GENERALLY REQUIRED.  (a)  An applicant for the probate of a will as a muniment of title shall file the will with the application if the will is in the applicant's control.(b)  A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody by court order.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 32, eff. January 1, 2014.|
TX Est Code § 257.053 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter B. Application and Proof Requirements|Section 257.053. Additional Application Requirements When No Will Is Produced

Sec. 257.053.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO WILL IS PRODUCED.  In addition to the requirements for an application under Section 257.051, if an applicant for the probate of a will as a muniment of title cannot produce the will in court, the application must state:(1)  the reason the will cannot be produced;(2)  the contents of the will, to the extent known; and(3)  the name and address, if known, whether the person is an adult or minor, and the relationship to the testator, if any, of:(A)  each devisee;(B)  each person who would inherit as an heir of the testator in the absence of a valid will; and(C)  in the case of partial intestacy, each heir of the testator.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 33, eff. January 1, 2014.Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 26, eff. September 1, 2015.|
TX Est Code § 257.054 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter B. Application and Proof Requirements|Section 257.054. Proof Required

Sec. 257.054.  PROOF REQUIRED.  An applicant for the probate of a will as a muniment of title must prove to the court's satisfaction that:(1)  the testator is dead;(2)  four years have not elapsed since the date of the testator's death and before the application;(3)  the court has jurisdiction and venue over the estate;(4)  citation has been served and returned in the manner and for the period required by this title;(5)  the testator's estate does not owe an unpaid debt, other than any debt secured by a lien on real estate, or that for another reason there is no necessity for administration of the estate;(6)  the testator did not revoke the will; and(7)  if the will is not self-proved in the manner provided by this title, the testator:(A)  executed the will with the formalities and solemnities and under the circumstances required by law to make the will valid; and(B)  at the time of executing the will was of sound mind and:(i)  was 18 years of age or older;(ii)  was or had been married; or(iii)  was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 25, eff. September 1, 2017.|
TX Est Code § 257.101 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter C. Order Admitting Will; Report|Section 257.101. Declaratory Judgment Construing Will

Sec. 257.101.  DECLARATORY JUDGMENT CONSTRUING WILL.  (a)  On application and notice as provided by Chapter 37, Civil Practice and Remedies Code, the court may hear evidence and include in an order probating a will as a muniment of title a declaratory judgment:(1)  construing the will, if a question of construction of the will exists; or(2)  determining those persons who are entitled to receive property under the will and the persons' shares or interests in the estate, if a person who is entitled to property under the provisions of the will cannot be ascertained solely by reference to the will.(b)  A declaratory judgment under this section is conclusive in any suit between a person omitted from the judgment and a bona fide purchaser for value who purchased property after entry of the judgment without actual notice of the claim of the omitted person to an interest in the estate.(c)  A person who delivered the testator's property to a person declared to be entitled to the property under the declaratory judgment under this section or engaged in any other transaction with the person in good faith after entry of the judgment is not liable to any person for actions taken in reliance on the judgment.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|
TX Est Code § 257.102 (2021)
2021 Texas Statutes|Estates Code|Title 2 - Estates of Decedents; Durable Powers of Attorney|Subtitle F - Wills|Chapter 257 - Probate of Will as Muniment of Title|Subchapter C. Order Admitting Will; Report|Section 257.102. Authority of Certain Persons Acting in Accordance With Order

Sec. 257.102.  AUTHORITY OF CERTAIN PERSONS ACTING IN ACCORDANCE WITH ORDER.  (a)  An order admitting a will to probate as a muniment of title constitutes sufficient legal authority for each person who owes money to the testator's estate, has custody of property, acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate, or purchases from or otherwise deals with the estate, to pay or transfer without administration the applicable asset without liability to a person described in the will as entitled to receive the asset.(b)  A person who is entitled to property under the provisions of a will admitted to probate as a muniment of title is entitled to deal with and treat the property in the same manner as if the record of title to the property was vested in the person's name.|Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.|