reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 257.103. Report by Applicant After Probate

Sec. 257.103.  REPORT BY APPLICANT AFTER PROBATE.  (a)  Except as provided by Subsection (b), not later than the 180th day after the date a will is admitted to probate as a muniment of title, the applicant for the probate of the will shall file with the court clerk a sworn affidavit stating specifically the terms of the will that have been fulfilled and the terms that have not been fulfilled.
(b)  The court may:
(1)  waive the requirement under Subsection (a); or
(2)  extend the time for filing the affidavit under Subsection (a).
(c)  The failure of an applicant for probate of a will to file the affidavit required by Subsection (a) does not affect title to property passing under the terms of the will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 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 D. Subsequent Estate Administration › Section 257.151. Appointment of Personal Representative and Opening of Administration After Will Admitted to Probate as Muniment of Title

Sec. 257.151.  APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION AFTER WILL ADMITTED TO PROBATE AS MUNIMENT OF TITLE.  A court order admitting a will to probate as a muniment of title under this chapter does not preclude the subsequent appointment of a personal representative and opening of an administration for the testator's estate if:
(1)  an application under Chapter 301 is filed not later than the fourth anniversary of the testator's death; or
(2)  the administration of the testator's estate is necessary for a reason provided by Section 301.002(b).
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 16, eff. September 1, 2019.
2023 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 D. Subsequent Estate Administration › Section 257.152. Computation of Certain Periods

Sec. 257.152.  COMPUTATION OF CERTAIN PERIODS.  If a personal representative is appointed for a testator's estate after the testator's will has been admitted to probate as a muniment of title, the periods prescribed by the following sections begin to run from the date of qualification of the personal representative rather than from the date the will is admitted to probate as a muniment of title:
(1)  Section 306.001;
(2)  Section 306.002(a)(2)(B)(ii);
(3)  Section 308.002; and
(4)  Section 308.004.
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 16, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter A. Citations With Respect to Applications for Probate of Will › Section 258.001. Citation on Application for Probate of Will Produced in Court

Sec. 258.001.  CITATION ON APPLICATION FOR PROBATE OF WILL PRODUCED IN COURT.  (a)  On the filing with the clerk of an application for the probate of a written will produced in court, the clerk shall issue a citation to all parties interested in the estate.
(b)  The citation required by Subsection (a) shall be served by posting and must state:
(1)  that the application has been filed;
(2)  the nature of the application;
(3)  the testator's name;
(4)  the applicant's name;
(5)  the time when the court will act on the application; and
(6)  that any person interested in the estate may appear at the time stated in the citation to contest the application.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter A. Citations With Respect to Applications for Probate of Will › Section 258.002. Citation on Application for Probate of Will Not Produced in Court

Sec. 258.002.  CITATION ON APPLICATION FOR PROBATE OF WILL NOT PRODUCED IN COURT.  (a)  On the filing of an application for the probate of a written will that cannot be produced in court, the clerk shall issue a citation to all parties interested in the estate.  The citation must:
(1)  contain substantially the statements made in the application for probate;
(2)  identify the court that will act on the application; and
(3)  state the time and place of the court's action on the application.
(b)  The citation required by Subsection (a) shall be served on the testator's heirs by personal service if the heirs are residents of this state and their addresses are known.
(c)  Service of the citation required by Subsection (a) may be made by publication if:
(1)  the heirs are not residents of this state;
(2)  the names or addresses of the heirs are unknown; or
(3)  the heirs are transient persons.
(d)  An heir who is 16 years of age or older may waive citation required by this section to be served on the heir.
(e)  The parent, managing conservator, guardian, attorney ad litem, or guardian ad litem of an heir who is younger than 16 years of age may waive citation required by this section to be served on the heir.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 18, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter A. Citations With Respect to Applications for Probate of Will › Section 258.003. Court Action Prohibited Before Service of Citation

Sec. 258.003.  COURT ACTION PROHIBITED BEFORE SERVICE OF CITATION.  A court may not act on an application for the probate of a will until service of citation has been made in the manner provided by this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate › Section 258.051. Notice to Heirs

Sec. 258.051.  NOTICE TO HEIRS.  (a)  Except as provided by Subsection (c), an applicant for the probate of a will under Section 256.003(a) must give notice by service of process to each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence.
(b)  The notice required by Subsection (a) must:
(1)  contain a statement that:
(A)  the testator's property will pass to the testator's heirs if the will is not admitted to probate; and
(B)  the person offering the testator's will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator's death; and
(2)  be given before the probate of the testator's will.
(c)  Notice otherwise required by Subsection (a) is not required to be given to an heir who has delivered to the court an affidavit signed by the heir that:
(1)  contains the statement described by Subsection (b)(1); and
(2)  states that the heir does not object to the offer of the testator's will for probate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate › Section 258.052. Appointment of Attorney Ad Litem

Sec. 258.052.  APPOINTMENT OF ATTORNEY AD LITEM.  If an applicant described by Section 258.051(a) cannot, with reasonable diligence, ascertain the address of any of the testator's heirs, the court shall appoint an attorney ad litem to protect the interests of the testator's unknown heirs after an application for the probate of a will is made under Section 256.003(a).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate › Section 258.053. Previously Probated Will

Sec. 258.053.  PREVIOUSLY PROBATED WILL.  With respect to an application under Section 256.003(a) for the probate of a will of a testator who has had another will admitted to probate, this subchapter applies so as to require notice to the beneficiaries of the testator's probated will instead of to the testator's heirs.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 258 - Citations and Notices Relating to Probate of Will › Subchapter C. Service by Publication or Other Substituted Service › Section 258.101. Service by Publication or Other Substituted Service

Sec. 258.101.  SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE.  Notwithstanding any other provision of this chapter, if an attempt to make service under this chapter is unsuccessful, service may be made in the manner provided by Rule 109 or 109a, Texas Rules of Civil Procedure, for the service of a citation on a party by publication or other substituted service.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter A. Period for Application for Letters › Section 301.001. Administration Before Death Void

Sec. 301.001.  ADMINISTRATION BEFORE DEATH VOID.  The administration of an estate of a living person is void.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter A. Period for Application for Letters › Section 301.002. Period for Filing Application for Letters Testamentary or of Administration

Sec. 301.002.  PERIOD FOR FILING APPLICATION FOR LETTERS TESTAMENTARY OR OF ADMINISTRATION.  (a)  Except as provided by Subsection (b) and Section 501.006 with respect to a foreign will, an application for the grant of letters testamentary or of administration of an estate must be filed not later than the fourth anniversary of the decedent's death.
(b)  This section does not apply if administration is necessary to:
(1)  receive or recover property due a decedent's estate; or
(2)  prevent real property in a decedent's estate from becoming a danger to the health, safety, or welfare of the general public and the applicant for the issuance of letters testamentary or of administration is a home-rule municipality that is a creditor of the estate.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 576 (H.B. 3160), Sec. 1, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter B. Application Requirements › Section 301.051. Eligible Applicants for Letters

Sec. 301.051.  ELIGIBLE APPLICANTS FOR LETTERS.  An executor named in a will, an administrator designated as authorized under Section 254.006, an independent administrator designated by all of the distributees of the decedent under Section 401.002(b) or 401.003, or an interested person may file an application with the court for:
(1)  the appointment of the executor named in the will;
(1-a)  the appointment of the designated administrator; or
(2)  the appointment of an administrator, if:
(A)  there is a will, but:
(i)  no executor is named in the will;
(ii)  the executor named in the will is disqualified, refuses to serve, is dead, or resigns;
(iii)  a person designated to serve as administrator under Section 254.006 is disqualified, refuses to serve, is dead, or resigns; or
(iv)  an authorized person other than the executor has not designated any person to serve as administrator under Section 254.006 as of the date of the filing of the application and the applicant notifies the court that the authorized person has no intention of doing so; or
(B)  there is no will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 28, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 17, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter B. Application Requirements › Section 301.052. Contents of Application for Letters of Administration

Sec. 301.052.  CONTENTS OF APPLICATION FOR LETTERS OF ADMINISTRATION.  (a)  An application for letters of administration when no will is alleged to exist must state:
(1)  the applicant's name, domicile, and, if any, relationship to the decedent;
(1-a)  the last three numbers of:
(A)  the applicant's driver's license number, if the applicant has been issued one; and
(B)  the applicant's social security number, if the applicant has been issued one;
(2)  the decedent's name and that the decedent died intestate;
(2-a)  if known by the applicant at the time the applicant files the application, the last three numbers of the decedent's driver's license number and social security number;
(3)  the fact, date, and place of the decedent's death;
(4)  facts necessary to show that the court with which the application is filed has venue;
(5)  whether the decedent owned property and, if so, include a statement of the property's probable value;
(6)  the name and address, if known, whether the heir is an adult or minor, and the relationship to the decedent of each of the decedent's heirs;
(7)  if known by the applicant at the time the applicant files the application, whether one or more children were born to or adopted by the decedent and, if so, the name, birth date, and place of birth of each child;
(8)  if known by the applicant at the time the applicant files the application, whether the decedent was ever divorced and, if so, when and from whom;
(9)  that a necessity exists for administration of the decedent's estate and an allegation of the facts that show that necessity; and
(10)  that the applicant is not disqualified by law from acting as administrator.
(b)  If an applicant does not state the last three numbers of the decedent's driver's license number or social security number under Subsection (a)(2-a), the application must state the reason the numbers are not stated.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 29, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1039 (H.B. 1814), Sec. 3, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 18, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter C. Opposition to Certain Applications › Section 301.101. Opposition to Application for Letters of Administration

Sec. 301.101.  OPPOSITION TO APPLICATION FOR LETTERS OF ADMINISTRATION.  An interested person may, at any time before an application for letters of administration is granted, file an opposition to the application in writing and may apply for the grant of letters to the interested person or any other person. On the trial, the court, considering the applicable provisions of this code, shall grant letters to the person that seems best entitled to the letters without notice other than the notice given on the original application.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter D. Required Proof for Issuance of Letters › Section 301.151. General Proof Requirements

Sec. 301.151.  GENERAL PROOF REQUIREMENTS.  An applicant for the issuance of letters testamentary or of administration of an estate must prove to the court's satisfaction that:
(1)  the person whose estate is the subject of the application is dead;
(2)  except as provided by Sections 301.002(b)(1) and (2) with respect to administration necessary to receive or recover property or to prevent real property of the estate from becoming a danger, and Section 501.006 with respect to a foreign will, four years have not elapsed since the date of the decedent'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.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 576 (H.B. 3160), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 30, eff. September 1, 2015.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 19, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter D. Required Proof for Issuance of Letters › Section 301.152. Additional Proof Required for Letters Testamentary

Sec. 301.152.  ADDITIONAL PROOF REQUIRED FOR LETTERS TESTAMENTARY.  If letters testamentary are to be granted, it must appear to the court that:
(1)  the proof required for the probate of the will has been made; and
(2)  the person to whom the letters are to be granted is named as executor in the will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter D. Required Proof for Issuance of Letters › Section 301.153. Additional Proof Required for Letters of Administration; Effect of Finding No Necessity for Administration Exists

Sec. 301.153.  ADDITIONAL PROOF REQUIRED FOR LETTERS OF ADMINISTRATION; EFFECT OF FINDING NO NECESSITY FOR ADMINISTRATION EXISTS.  (a)  If letters of administration are to be granted, the applicant for the letters must prove to the court's satisfaction that a necessity for an administration of the estate exists.
(b)  If an application is filed for letters of administration but the court finds that no necessity for an administration of the estate exists, the court shall recite in the court's order refusing the application that no necessity for an administration exists.
(c)  A court order containing a recital that no necessity for an administration of the estate exists constitutes sufficient legal authority for each person who owes money, has custody of property, or acts as registrar or transfer agent of any evidence of interest, indebtedness, property, or right belonging to the estate, and to each person purchasing or otherwise dealing with the estate, for payment or transfer to the distributees.
(d)  A distributee is entitled to enforce by suit the distributee's right to payment or transfer described by Subsection (c).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter D. Required Proof for Issuance of Letters › Section 301.154. Proof Required When Letters Have Previously Been Granted

Sec. 301.154.  PROOF REQUIRED WHEN LETTERS HAVE PREVIOUSLY BEEN GRANTED.  If letters testamentary or of administration have previously been granted with respect to an estate, an applicant for the granting of subsequent letters must show only that the person for whom the letters 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.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter D. Required Proof for Issuance of Letters › Section 301.155. Authorized Methods of Proof

Sec. 301.155.  AUTHORIZED METHODS OF PROOF.  A fact contained in an application for issuance of letters testamentary or of administration or any other fact required to be proved by this subchapter may be proved by the sworn testimony of a witness with personal knowledge of the fact that is:
(1)  taken in open court; or
(2)  if proved under oath to the satisfaction of the court that the witness is unavailable, taken by deposition on written questions in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 34, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter E. Prevention of Administration › Section 301.201. Method of Preventing Administration Requested by Creditor

Sec. 301.201.  METHOD OF PREVENTING ADMINISTRATION REQUESTED BY CREDITOR.  (a)  If a creditor files an application for letters of administration of an estate, another interested person who does not desire the administration can defeat the application by:
(1)  paying the creditor's claim;
(2)  proving to the court's satisfaction that the creditor's claim is fictitious, fraudulent, illegal, or barred by limitation; or
(3)  executing a bond that is:
(A)  payable to, and to be approved by, the judge in an amount that is twice the amount of the creditor's claim; and
(B)  conditioned on the obligors paying the claim on the establishment of the claim by suit in any court in the county having jurisdiction of the amount.
(b)  A bond executed and approved under Subsection (a)(3) must be filed with the county clerk.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter E. Prevention of Administration › Section 301.202. Suit on Bond

Sec. 301.202.  SUIT ON BOND.  Any creditor for whose protection a bond is executed under Section 301.201(a)(3) may sue on the bond in the creditor's own name to recover the creditor's claim.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 301 - Application for Letters Testamentary or of Administration › Subchapter E. Prevention of Administration › Section 301.203. Bond Secured by Lien

Sec. 301.203.  BOND SECURED BY LIEN.  If a bond is executed and approved under Section 301.201(a)(3), a lien exists on all of the estate in the possession of the distributees, and those claiming under the distributees with notice of the lien, to secure the ultimate payment of the bond.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 303 - Citations and Notices in General on Opening of Administration › Section 303.001. Citation on Application for Issuance of Letters of Administration

Sec. 303.001.  CITATION ON APPLICATION FOR ISSUANCE OF LETTERS OF ADMINISTRATION.  (a)  On the filing with the clerk of an application for letters of administration, the clerk shall issue a citation to all parties interested in the estate.
(b)  The citation required by Subsection (a)  shall be served by posting and must state:
(1)  that the application has been filed;
(2)  the nature of the application;
(3)  the decedent's name;
(4)  the applicant's name;
(5)  the time when the court will act on the application; and
(6)  that any person interested in the estate may appear at the time stated in the citation to contest the application.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 303 - Citations and Notices in General on Opening of Administration › Section 303.002. Court Action Prohibited Before Service of Citation

Sec. 303.002.  COURT ACTION PROHIBITED BEFORE SERVICE OF CITATION.  A court may not act on an application for the issuance of letters of administration until service of citation has been made in the manner provided by this chapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle G - Initial Appointment of Personal Representative and Opening of Administration › Chapter 304 - Persons Who May Serve as Personal Representatives › Section 304.001. Order of Persons Qualified to Serve as Personal Representative

Sec. 304.001.  ORDER OF PERSONS QUALIFIED TO SERVE AS PERSONAL REPRESENTATIVE.  (a)  The court shall grant letters testamentary or of administration to persons qualified to act, in the following order:
(1)  the person named as executor in the decedent's will;
(1-a)  the person designated as administrator as authorized under Section 254.006;
(2)  the decedent's surviving spouse;
(3)  the principal devisee of the decedent;
(4)  any devisee of the decedent;
(5)  the next of kin of the decedent;
(6)  a creditor of the decedent;
(7)  any person of good character residing in the county who applies for the letters;
(8)  any other person who is not disqualified under Section 304.003; and
(9)  any appointed public probate administrator.
(b)  For purposes of Subsection (a)(5), the decedent's next of kin:
(1)  is determined in accordance with order of descent, with the person nearest in order of descent first, and so on; and
(2)  includes a person and the person's descendants who legally adopted the decedent or who have been legally adopted by the decedent.
(c)  If persons are equally entitled to letters testamentary or of administration, the court:
(1)  shall grant the letters to the person who, in the judgment of the court, is most likely to administer the estate advantageously; or
(2)  may grant the letters to two or more of those persons.
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. 671 (H.B. 1755), Sec. 3, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 35, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 20, eff. September 1, 2019.