reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills › Section 254.002. Bequests to Certain Subscribing Witnesses

Sec. 254.002.  BEQUESTS TO CERTAIN SUBSCRIBING WITNESSES.  (a)  Except as provided by Subsection (c), if a devisee under a will is also a subscribing witness to the will and the will cannot be otherwise established:
(1)  the bequest is void; and
(2)  the subscribing witness shall be allowed and compelled to appear and give the witness's testimony in the same manner as if the bequest to the witness had not been made.
(b)  Notwithstanding Subsection (a), if the subscribing witness described by that subsection would have been entitled to a share of the testator's estate had the testator died intestate, the witness is entitled to as much of that share as does not exceed the value of the bequest to the witness under the will.
(c)  If the testimony of a subscribing witness described by Subsection (a) proving the will is corroborated by at least one disinterested and credible person who testifies that the subscribing witness's testimony is true and correct:
(1)  the bequest to the subscribing witness is not void under Subsection (a); and
(2)  the subscribing witness is not regarded as an incompetent or noncredible witness under Subchapters B and C, Chapter 251.
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 254 - Certain Provisions In, and Contracts Relating To, Wills › Section 254.003. Devises to Certain Attorneys and Other Persons

Sec. 254.003.  DEVISES TO CERTAIN ATTORNEYS AND OTHER PERSONS.  (a)  A devise of property in a will is void if the devise is made to:
(1)  an attorney who prepares or supervises the preparation of the will;
(2)  a parent, descendant of a parent, or employee of the attorney described by Subdivision (1); or
(3)  the spouse of a person described by Subdivision (1) or (2).
(b)  This section does not apply to:
(1)  a devise made to a person who:
(A)  is the testator's spouse;
(B)  is an ascendant or descendant of the testator; or
(C)  is related within the third degree by consanguinity or affinity to the testator; or
(2)  a bona fide purchaser for value from a devisee in a 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 254 - Certain Provisions In, and Contracts Relating To, Wills › Section 254.004. Contracts Concerning Wills or Devises; Joint or Reciprocal Wills

Sec. 254.004.  CONTRACTS CONCERNING WILLS OR DEVISES; JOINT OR RECIPROCAL WILLS.  (a)  A contract executed or entered into on or after September 1, 1979, to make a will or devise, or not to revoke a will or devise, may be established only by:
(1)  a written agreement that is binding and enforceable; or
(2)  a will stating:
(A)  that a contract exists; and
(B)  the material provisions of the contract.
(b)  The execution of a joint will or reciprocal wills does not constitute by itself sufficient evidence of the existence of a contract.
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 254 - Certain Provisions In, and Contracts Relating To, Wills › Section 254.005. Forfeiture Clause

Sec. 254.005.  FORFEITURE CLAUSE.  (a)  A provision in a will that would cause a forfeiture of or void a devise or provision in favor of a person for bringing any court action, including contesting a will, is enforceable unless in a court action determining whether the forfeiture clause should be enforced, the person who brought the action contrary to the forfeiture clause establishes by a preponderance of the evidence that:
(1)  just cause existed for bringing the action; and
(2)  the action was brought and maintained in good faith.
(b)  This section is not intended to and does not repeal any law recognizing that forfeiture clauses generally will not be construed to prevent a beneficiary from seeking to compel a fiduciary to perform the fiduciary's duties, seeking redress against a fiduciary for a breach of the fiduciary's duties, or seeking a judicial construction of a will or trust.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.26, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 351 (H.B. 2380), Sec. 2.01, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 17, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills › Section 254.006. Designation of Administrator

Sec. 254.006.  DESIGNATION OF ADMINISTRATOR.  (a)  A testator may grant in a will to an executor named in the will or to another person identified by name, office, or function the authority to designate one or more persons to serve as administrator of the testator's estate.
(b)  To be effective, a designation of an administrator of a testator's estate as authorized by a will under Subsection (a) must be in writing and acknowledged before an officer authorized to take acknowledgments and administer oaths.
(c)  Unless the will provides otherwise, a person designated to serve as administrator of a testator's estate as provided by Subsection (a) may serve only if:
(1)  each executor named in the testator's will:
(A)  is deceased;
(B)  is disqualified to serve as executor; or
(C)  indicates by affidavit filed with the county clerk of the county in which the application for letters testamentary is filed or, if an application has not been filed, a county described by Section 33.001(a)(1) or (2) the executor's inability or unwillingness to serve as executor;
(2)  the designation is effective as provided by Subsection (b); and
(3)  the person is not disqualified from serving under Section 304.003.
(d)  Unless the will or designation provides otherwise, a person designated as administrator of a testator's estate as provided by this section has the same rights, powers, and duties as an executor named in the will, including the right to serve as an independent administrator with the power to sell property without the need for consent of the distributees under Section 401.002 or 401.006.
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 8, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter A. Certain Personal Property Excluded From Devise or Legacy › Section 255.001. Definitions

Sec. 255.001.  DEFINITIONS.  In this subchapter:
(1)  "Contents" means tangible personal property, other than titled personal property, found inside of or on a specifically devised item.  The term includes clothing, pictures, furniture, coin collections, and other items of tangible personal property that:
(A)  do not require a formal transfer of title; and
(B)  are located in another item of tangible personal property such as a cedar chest or other furniture.
(2)  "Titled personal property" includes all tangible personal property represented by a certificate of title, certificate of ownership, written label, marking, or designation that signifies ownership by a person.  The term includes a motor vehicle, motor home, motorboat, or other similar property that requires a formal transfer of title.
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 255 - Construction and Interpretation of Wills › Subchapter A. Certain Personal Property Excluded From Devise or Legacy › Section 255.002. Certain Personal Property Excluded From Devise of Real Property

Sec. 255.002.  CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OF REAL PROPERTY.  A devise of real property does not include any personal property located on, or associated with, the real property or any contents of personal property located on the real property unless the will directs that the personal property or contents are included in the devise.
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 255 - Construction and Interpretation of Wills › Subchapter A. Certain Personal Property Excluded From Devise or Legacy › Section 255.003. Contents Excluded From Legacy of Personal Property

Sec. 255.003.  CONTENTS EXCLUDED FROM LEGACY OF PERSONAL PROPERTY.  A legacy of personal property does not include any contents of the property unless the will directs that the contents are included in the legacy.
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 255 - Construction and Interpretation of Wills › Subchapter B. Succession by Pretermitted Child › Section 255.051. Definition

Sec. 255.051.  DEFINITION.  In this subchapter, "pretermitted child" means a testator's child who is born or adopted:
(1)  during the testator's lifetime or after the testator's death; and
(2)  after the execution of the testator's 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 255 - Construction and Interpretation of Wills › Subchapter B. Succession by Pretermitted Child › Section 255.052. Applicability and Construction

Sec. 255.052.  APPLICABILITY AND CONSTRUCTION.  (a)  Sections 255.053 and 255.054 apply only to a pretermitted child who is not:
(1)  mentioned in the testator's will;
(2)  provided for in the testator's will; or
(3)  otherwise provided for by the testator.
(b)  For purposes of this subchapter, a child is provided for or a provision is made for a child if a disposition of property to or for the benefit of the pretermitted child, whether vested or contingent, is made:
(1)  in the testator's will, including a devise to a trustee under Section 254.001; or
(2)  outside the testator's will and is intended to take effect at the testator's death.
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 255 - Construction and Interpretation of Wills › Subchapter B. Succession by Pretermitted Child › Section 255.053. Succession by Pretermitted Child if Testator Has Living Child at Will's Execution

Sec. 255.053.  SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS LIVING CHILD AT WILL'S EXECUTION.  (a)  If no provision is made in the testator's last will for any child of the testator who is living when the testator executes the will, a pretermitted child succeeds to the portion of the testator's separate and community estate, other than any portion of the estate devised to the pretermitted child's other parent, to which the pretermitted child would have been entitled under Section 201.001 if the testator had died intestate without a surviving spouse, except as limited by Section 255.056.
(b)  If a provision, whether vested or contingent, is made in the testator's last will for one or more children of the testator who are living when the testator executes the will, a pretermitted child is entitled only to a portion of the disposition made to children under the will that is equal to the portion the child would have received if the testator had:
(1)  included all of the testator's pretermitted children with the children on whom benefits were conferred under the will; and
(2)  given an equal share of those benefits to each child.
(c)  To the extent feasible, the interest in the testator's estate to which the pretermitted child is entitled under Subsection (b) must be of the same character, whether an equitable or legal life estate or in fee, as the interest that the testator conferred on the testator's children under the will.
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. 2.27, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter B. Succession by Pretermitted Child › Section 255.054. Succession by Pretermitted Child if Testator Has No Living Child at Will's Execution

Sec. 255.054.  SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS NO LIVING CHILD AT WILL'S EXECUTION.  If a testator has no child living when the testator executes the testator's last will, a pretermitted child succeeds to the portion of the testator's separate and community estate, other than any portion of the estate devised to the pretermitted child's other parent, to which the pretermitted child would have been entitled under Section 201.001 if the testator had died intestate without a surviving spouse, except as limited by Section 255.056.
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. 2.28, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter B. Succession by Pretermitted Child › Section 255.055. Ratable Recovery by Pretermitted Child From Portions Passing to Other Beneficiaries

Sec. 255.055.  RATABLE RECOVERY BY PRETERMITTED CHILD FROM PORTIONS PASSING TO OTHER BENEFICIARIES.  (a)  A pretermitted child may recover the share of the testator's estate to which the child is entitled from the testator's other children under Section 255.053(b) or from the testamentary beneficiaries under Sections 255.053(a) and 255.054, other than the pretermitted child's other parent, ratably, out of the portions of the estate passing to those persons under the will.
(b)  In abating the interests of the beneficiaries described by Subsection (a), the character of the testamentary plan adopted by the testator must be preserved to the maximum extent possible.
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 255 - Construction and Interpretation of Wills › Subchapter B. Succession by Pretermitted Child › Section 255.056. Limitation on Reduction of Estate Passing to Surviving Spouse

Sec. 255.056.  LIMITATION ON REDUCTION OF ESTATE PASSING TO SURVIVING SPOUSE.  If a pretermitted child's other parent is not the surviving spouse of the testator, the portion of the testator's estate to which the pretermitted child is entitled under Section 255.053(a) or 255.054 may not reduce the portion of the testator's estate passing to the testator's surviving spouse by more than one-half.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.29, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter C. Lifetime Gifts as Satisfaction of Devise › Section 255.101. Certain Lifetime Gifts Considered Satisfaction of Devise

Sec. 255.101.  CERTAIN LIFETIME GIFTS CONSIDERED SATISFACTION OF DEVISE.  Property that a testator gives to a person during the testator's lifetime is considered a satisfaction, either wholly or partly, of a devise to the person if:
(1)  the testator's will provides for deduction of the lifetime gift from the devise;
(2)  the testator declares in a contemporaneous writing that the lifetime gift is to be deducted from, or is in satisfaction of, the devise;  or
(3)  the devisee acknowledges in writing that the lifetime gift is in satisfaction of the devise.
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 255 - Construction and Interpretation of Wills › Subchapter C. Lifetime Gifts as Satisfaction of Devise › Section 255.102. Valuation of Property

Sec. 255.102.  VALUATION OF PROPERTY.  Property given in partial satisfaction of a devise shall be valued as of the earlier of:
(1)  the date the devisee acquires possession of or enjoys the property; or
(2)  the date of the testator's death.
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 255 - Construction and Interpretation of Wills › Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator › Section 255.151. Applicability of Subchapter

Sec. 255.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies unless the testator's will provides otherwise.  For example, a devise in the testator's will stating "to my surviving children" or "to such of my children as shall survive me" prevents the application of Sections 255.153 and 255.154.
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. 20, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator › Section 255.152. Failure of Devise; Effect on Residuary Estate

Sec. 255.152.  FAILURE OF DEVISE; EFFECT ON RESIDUARY ESTATE.  (a)  Except as provided by Sections 255.153 and 255.154, if a devise, other than a residuary devise, fails for any reason, the devise becomes a part of the residuary estate.
(b)  Except as provided by Sections 255.153 and 255.154, if the residuary estate is devised to two or more persons and the share of one of the residuary devisees fails for any reason, that residuary devisee's share passes to the other residuary devisees, in proportion to the residuary devisee's interest in the residuary estate.
(c)  Except as provided by Sections 255.153 and 255.154, the residuary estate passes as if the testator had died intestate if all residuary devisees:
(1)  are deceased at the time the testator's will is executed;
(2)  fail to survive the testator; or
(3)  are treated as if the residuary devisees predeceased the testator.
(d)  Unless the will provides otherwise, Subsections (a), (b), and (c) do not apply to a devise to a charitable trust, as defined by Section 123.001, Property Code.
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. 9, eff. September 1, 2019.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator › Section 255.153. Disposition of Property to Certain Devisees Who Predecease Testator

Sec. 255.153.  DISPOSITION OF PROPERTY TO CERTAIN DEVISEES WHO PREDECEASE TESTATOR.  (a)  If a devisee who is a descendant of the testator or a descendant of a testator's parent is deceased at the time the will is executed, fails to survive the testator, or is treated as if the devisee predeceased the testator by Chapter 121 or otherwise, the descendants of the devisee who survived the testator by 120 hours take the devised property in place of the devisee.
(b)  Devised property to which Subsection (a) applies shall be divided into the number of shares equal to the total number of surviving descendants in the nearest degree of kinship to the devisee and deceased persons in the same degree of kinship to the devisee whose descendants survived the testator. Each surviving descendant in the nearest degree of kinship to the devisee receives one share, and the share of each deceased person in the same degree of kinship to the devisee whose descendants survived the testator is divided among the descendants by representation.
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 255 - Construction and Interpretation of Wills › Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator › Section 255.154. Devisee Under Class Gift

Sec. 255.154.  DEVISEE UNDER CLASS GIFT.  For purposes of this subchapter, a person who would have been a devisee under a class gift if the person had survived the testator is treated as a devisee unless the person died before the date the will was executed.
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 255 - Construction and Interpretation of Wills › Subchapter F. Devise of Securities › Section 255.251. Definitions

Sec. 255.251.  DEFINITIONS.  In this subchapter:
(1)  "Securities" has the meaning assigned by Section 4001.068, Government Code.
(2)  "Stock" means securities.
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. 491 (H.B. 4171), Sec. 2.10, eff. January 1, 2022.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter F. Devise of Securities › Section 255.252. Increase in Securities; Accessions

Sec. 255.252.  INCREASE IN SECURITIES; ACCESSIONS.  Unless the will of a testator clearly provides otherwise, a devise of securities that are owned by the testator on the date the will is executed includes the following additional securities subsequently acquired by the testator as a result of the testator's ownership of the devised securities:
(1)  securities of the same organization acquired because of an action initiated by the organization or any successor, related, or acquiring organization, including stock splits, stock dividends, and new issues of stock acquired in a reorganization, redemption, or exchange, other than securities acquired through the exercise of purchase options or through a plan of reinvestment;  and
(2)  securities of another organization acquired as a result of a merger, consolidation, reorganization, or other distribution by the organization or any successor, related, or acquiring organization, including stock splits, stock dividends, and new issues of stock acquired in a reorganization, redemption, or exchange, other than securities acquired through the exercise of purchase options or through a plan of reinvestment.
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 255 - Construction and Interpretation of Wills › Subchapter F. Devise of Securities › Section 255.253. Cash Distribution Not Included in Devise

Sec. 255.253.  CASH DISTRIBUTION NOT INCLUDED IN DEVISE.  Unless the will of a testator clearly provides otherwise, a devise of securities does not include a cash distribution relating to the securities that accrues before the testator's death, regardless of whether the distribution is paid before the testator's death.
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 255 - Construction and Interpretation of Wills › Subchapter G. Exoneration of Debts Secured by Specific Devises › Section 255.301. No Right to Exoneration of Debts

Sec. 255.301.  NO RIGHT TO EXONERATION OF DEBTS.  Except as provided by Section 255.302, a specific devise passes to the devisee subject to each debt secured by the property that exists on the date of the testator's death, and the devisee is not entitled to exoneration from the testator's estate for payment of the debt.
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 255 - Construction and Interpretation of Wills › Subchapter G. Exoneration of Debts Secured by Specific Devises › Section 255.302. Exception

Sec. 255.302.  EXCEPTION.  A specific devise does not pass to the devisee subject to a debt described by Section 255.301 if the will in which the devise is made specifically states that the devise passes without being subject to the debt.  A general provision in the will stating that debts are to be paid is not a specific statement for purposes of this section.
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 255 - Construction and Interpretation of Wills › Subchapter G. Exoneration of Debts Secured by Specific Devises › Section 255.303. Rights of Certain Creditors and Other Persons

Sec. 255.303.  RIGHTS OF CERTAIN CREDITORS AND OTHER PERSONS.  (a)  Section 255.301 does not affect the rights of creditors provided under this title or the rights of other persons or entities provided under Chapters 102 and 353.
(b)  A debt described by Section 255.301 that a creditor elects to have allowed and approved as a matured secured claim shall be paid in accordance with Sections 355.153(b), (c), (d), and (e).
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 255 - Construction and Interpretation of Wills › Subchapter G. Exoneration of Debts Secured by Specific Devises › Section 255.304. Applicability of Subchapter

Sec. 255.304.  APPLICABILITY OF SUBCHAPTER.  This subchapter is applicable only to wills executed on or after September 1, 2005.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 18, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter H. Exercise of Power of Appointment Through Will › Section 255.351. Exercise of Power of Appointment Through Will

Sec. 255.351.  EXERCISE OF POWER OF APPOINTMENT THROUGH WILL.  A testator may not exercise a power of appointment through a residuary clause in the testator's will or through a will providing for general disposition of all of the testator's property unless:
(1)  the testator makes a specific reference to the power in the will; or
(2)  there is some other indication in writing that the testator intended to include the property subject to the power 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 F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter I. Class Gifts › Section 255.401. Posthumous Class Gift Membership

Sec. 255.401.  POSTHUMOUS CLASS GIFT MEMBERSHIP.
(a)  A right to take as a member under a class gift does not accrue to any person unless the person is born before, or is in gestation at, the time of death of the person by which the class is measured and survives that person by at least 120 hours.
(a-1)  For purposes of this section, a person is:
(1)  considered to be in gestation if insemination or implantation occurs at or before the time of death of the person by which the class is measured; and
(2)  presumed to be in gestation at the time of death of the person by which the class is measured if the person was born before the 301st day after the date of the person's death.
(b)  A provision in the testator's will that is contrary to this section prevails over this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 21, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter J. Judicial Modification or Reformation › Section 255.451. Circumstances Under Which Will May Be Modified or Reformed

Sec. 255.451.  CIRCUMSTANCES UNDER WHICH WILL MAY BE MODIFIED OR REFORMED.  (a)  Subject to the requirements of this section, on the petition of a personal representative, a court may order that the terms of the will be modified or reformed, that the personal representative be directed or permitted to perform acts that are not authorized or that are prohibited by the terms of the will, or that the personal representative be prohibited from performing acts that are required by the terms of the will, if:
(1)  modification of administrative, nondispositive terms of the will is necessary or appropriate to prevent waste or impairment of the estate's administration;
(2)  the order is necessary or appropriate to achieve the testator's tax objectives or to qualify a distributee for government benefits and is not contrary to the testator's intent; or
(3)  the order is necessary to correct a scrivener's error in the terms of the will, even if unambiguous, to conform with the testator's intent.
(a-1)  A personal representative seeking to modify or reform a will under this section must file a petition on or before the fourth anniversary of the date the will was admitted to probate.
(b)  An order described in Subsection (a)(3) may be issued only if the testator's intent is established by clear and convincing evidence.
(c)  Chapter 123, Property Code, applies to a proceeding under Subsection (a) that involves a charitable trust.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 22, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter J. Judicial Modification or Reformation › Section 255.452. Judicial Discretion

Sec. 255.452.  JUDICIAL DISCRETION.  The court shall exercise the court's discretion to order a modification or reformation under this subchapter in the manner that conforms as nearly as possible to the probable intent of the testator.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter J. Judicial Modification or Reformation › Section 255.453. Retroactive Effect

Sec. 255.453.  RETROACTIVE EFFECT.  The court may direct that an order described by this subchapter has retroactive effect.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter J. Judicial Modification or Reformation › Section 255.454. Powers Cumulative

Sec. 255.454.  POWERS CUMULATIVE.  This subchapter does not limit a court's powers under other law, including the power to modify, reform, or terminate a testamentary trust under Section 112.054, Property Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 255 - Construction and Interpretation of Wills › Subchapter J. Judicial Modification or Reformation › Section 255.455. Duties and Liability of Personal Representative Under Subchapter

Sec. 255.455.  DUTIES AND LIABILITY OF PERSONAL REPRESENTATIVE UNDER SUBCHAPTER.  (a)  This subchapter does not create or imply a duty for a personal representative to:
(1)  petition a court for modification or reformation of a will, to be directed or permitted to perform acts that are not authorized or that are prohibited by the terms of the will, or to be prohibited from performing acts that are required by the terms of the will;
(2)  inform devisees about the availability of relief under this subchapter; or
(3)  review the will or other evidence to determine whether any action should be taken under this subchapter.
(b)  A personal representative is not liable for failing to file a petition under Section 255.451.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 19, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 256 - Probate of Wills Generally › Subchapter A. Effectiveness of Will; Period for Probate › Section 256.001. Will Not Effective Until Probated

Sec. 256.001.  WILL NOT EFFECTIVE UNTIL PROBATED.  Except as provided by Subtitle K with respect to foreign wills, a will is not effective to prove title to, or the right to possession of, any property disposed of by the will until the will is admitted to 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 256 - Probate of Wills Generally › Subchapter A. Effectiveness of Will; Period for Probate › Section 256.002. Probate Before Death Void

Sec. 256.002.  PROBATE BEFORE DEATH VOID.  The probate of a will 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 F - Wills › Chapter 256 - Probate of Wills Generally › Subchapter A. Effectiveness of Will; Period for Probate › Section 256.003. Period for Admitting Will to Probate; Protection for Certain Purchasers

Sec. 256.003.  PERIOD FOR ADMITTING WILL TO PROBATE; PROTECTION FOR CERTAIN PURCHASERS.  (a)  Except as provided by Section 501.001 with respect to a foreign will, a will may not be admitted to probate after the fourth anniversary of the testator's death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator's death.
(b)  Except as provided by Section 501.006 with respect to a foreign will, letters testamentary may not be issued if a will is admitted to probate after the fourth anniversary of the testator's death unless it is shown that the application for probate was filed on or before the fourth anniversary of the testator's death.
(c)  A person who for value, in good faith, and without knowledge of the existence of a will purchases property from a decedent's heirs after the fourth anniversary of the decedent's death shall be held to have good title to the interest that the heir or heirs would have had in the absence of a will, as against the claim of any devisee under any will that is subsequently offered for probate.
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. 20, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 23, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 256 - Probate of Wills Generally › Subchapter B. Application Requirements › Section 256.051. Eligible Applicants for Probate of Will

Sec. 256.051.  ELIGIBLE APPLICANTS FOR PROBATE OF WILL.  (a)  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 an interested person may file an application with the court for an order admitting a will to probate, whether the will is:
(1)  in the applicant's possession or not;
(2)  lost;
(3)  destroyed; or
(4)  outside of this state.
(b)  An application for the probate of a will may be combined with an application for the appointment of an executor or administrator.  A person interested in either the probate or the appointment may apply for both.
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. 21, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 11, 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 B. Application Requirements › Section 256.052. Contents of Application for Probate of Will

Sec. 256.052.  CONTENTS OF APPLICATION FOR PROBATE OF WILL.  (a)  An application for the probate of a will 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 or other person to whom the applicant desires that letters be issued;
(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)  whether a marriage of the testator was ever dissolved after the will was made and, if so, when and from whom;
(11)  whether the state, a governmental agency of the state, or a charitable organization is named in the will as a devisee; and
(12)  that the executor named in the will, the applicant, or another person to whom the applicant desires that letters be issued is not disqualified by law from accepting the letters.
(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. 2.30(a), eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 21, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 22, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 22, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 1039 (H.B. 1814), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 12, 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 B. Application Requirements › Section 256.053. Filing of Will With Application for Probate Generally Required

Sec. 256.053.  FILING OF WILL WITH APPLICATION FOR PROBATE GENERALLY REQUIRED.  (a)  An applicant for the probate of a will 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:
(1)  by a court order under Section 256.202; or
(2)  by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.
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. 23, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 24, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 13, 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 B. Application Requirements › Section 256.054. Additional Application Requirements When No Will Is Produced

Sec. 256.054.  ADDITIONAL APPLICATION REQUIREMENTS WHEN NO WILL IS PRODUCED.  In addition to the requirements for an application under Section 256.052, if an applicant for the probate of a will cannot produce the will in court, the application must state:
(1)  the reason the will cannot be produced;
(2)  the contents of the will, as far as 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. 25, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 23, eff. September 1, 2015.
2023 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.
2023 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.
2023 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.
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 256.151. 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.