reglab/statecodes huggingface dataset:
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter B. Court Orders for Genetic Testing in Proceedings to Declare Heirship › Section 204.056. Criminal Penalty

Sec. 204.056.  CRIMINAL PENALTY.  (a)  An individual commits an offense if:
(1)  the individual intentionally releases an identifiable sample of the genetic material of another individual that was provided for purposes of genetic testing ordered under this subchapter; and
(2)  the release:
(A)  is for a purpose not related to the proceeding to declare heirship; and
(B)  was not ordered by the court or done in accordance with written permission obtained from the individual who provided the sample.
(b)  An offense under this section is a Class A misdemeanor.
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 E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter C. Results of Genetic Testing › Section 204.101. Results of Genetic Testing; Admissibility

Sec. 204.101.  RESULTS OF GENETIC TESTING; ADMISSIBILITY.  A report of the results of genetic testing ordered under Subchapter B:
(1)  must comply with the requirements for a report prescribed by Section 160.504, Family Code; and
(2)  is admissible in a proceeding to declare heirship under Chapter 202 as evidence of the truth of the facts asserted in the report.
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 E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter C. Results of Genetic Testing › Section 204.102. Presumption Regarding Results of Genetic Testing; Rebuttal

Sec. 204.102.  PRESUMPTION REGARDING RESULTS OF GENETIC TESTING; REBUTTAL.  The presumption under Section 160.505, Family Code:
(1)  applies to the results of genetic testing ordered under Subchapter B; and
(2)  may be rebutted as provided by Section 160.505, Family Code.
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 E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter C. Results of Genetic Testing › Section 204.103. Contesting Results of Genetic Testing

Sec. 204.103.  CONTESTING RESULTS OF GENETIC TESTING.  (a)  A party to a proceeding to declare heirship who contests the results of genetic testing may call one or more genetic testing experts to testify in person or by telephone, videoconference, deposition, or another method approved by the court.
(b)  Unless otherwise ordered by the court, the party offering the testimony under Subsection (a) bears the expense for the expert testifying.
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 E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter D. Use of Results of Genetic Testing in Certain Proceedings to Declare Heirship › Section 204.151. Applicability of Subchapter

Sec. 204.151.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies in a proceeding to declare heirship of a decedent only with respect to an individual who  claims  to be a biological child of the decedent or claims  to inherit through a biological child of the decedent.
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. 19, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter D. Use of Results of Genetic Testing in Certain Proceedings to Declare Heirship › Section 204.152. Presumption; Rebuttal

Sec. 204.152.  PRESUMPTION; REBUTTAL.  The presumption under Section 160.505, Family Code, that applies in establishing a parent-child relationship also applies in determining heirship in the probate court using the results of genetic testing ordered with respect to an individual described by Section 204.151, and the presumption may be rebutted in the same manner provided by Section 160.505, Family Code.
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. 19, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter D. Use of Results of Genetic Testing in Certain Proceedings to Declare Heirship › Section 204.153. Effect of Inconclusive Results of Genetic Testing

Sec. 204.153.  EFFECT OF INCONCLUSIVE RESULTS OF GENETIC TESTING.  If the results of genetic testing ordered under Subchapter B do not identify or exclude a tested individual as the ancestor of the individual described by Section 204.151:
(1)  the court may not dismiss the proceeding to declare heirship; and
(2)  the results of the genetic testing and other relevant evidence are admissible in the proceeding.
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 E - Intestate Succession › Chapter 204 - Genetic Testing in Proceedings to Declare Heirship › Subchapter E. Additional Orders Following Results of Genetic Testing › Section 204.201. Order for Change of Name

Sec. 204.201.  ORDER FOR CHANGE OF NAME.  On the request of an individual determined by the results of genetic testing to be the heir of a decedent and for good cause shown, the court may:
(1)  order the name of the individual to be changed; and
(2)  if the court orders a name change under Subdivision (1), order the bureau of vital statistics to issue an amended birth record for the individual.
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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.001. Entitlement to Estate Without Appointment of Personal Representative

Sec. 205.001.  ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.  The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:
(1)  30 days have elapsed since the date of the decedent's death;
(2)  no petition for the appointment of a personal representative is pending or has been granted;
(3)  the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;
(4)  an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate;
(5)  the judge approves the affidavit as provided by Section 205.003; and
(6)  the distributees comply with Section 205.004.
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. 12, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.002. Affidavit Requirements

Sec. 205.002.  AFFIDAVIT REQUIREMENTS.  (a) An affidavit filed under Section 205.001 must:
(1)  be sworn to by:
(A)  two disinterested witnesses;
(B)  each distributee of the estate who has legal capacity; and
(C)  if warranted by the facts, the natural guardian or next of kin of any minor distributee or the guardian of any other incapacitated distributee;
(2)  show the existence of the conditions prescribed by Sections 205.001(1), (2), and (3); and
(3)  include:
(A)  a list of all known estate assets and liabilities;
(B)  the name and address of each distributee; and
(C)  the relevant family history facts concerning heirship that show each distributee's right to receive estate money or other property or to have any evidence of money, property, or other right of the estate as is determined to exist transferred to the distributee as an heir or assignee.
(b)  A list of all known estate assets under Subsection (a)(3)(A) must indicate which assets the applicant claims are exempt.
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. 1106 (H.B. 3136), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.003. Examination and Approval of Affidavit

Sec. 205.003.  EXAMINATION AND APPROVAL OF AFFIDAVIT.  The judge shall examine an affidavit filed under Section 205.001.  The judge may approve the affidavit if the judge determines that the affidavit conforms to the requirements of 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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.004. Copy of Affidavit to Certain Persons

Sec. 205.004.  COPY OF AFFIDAVIT TO CERTAIN PERSONS.  The distributees of the estate shall provide a copy of the affidavit under this chapter, certified by the court clerk, to each person who:
(1)  owes money to the estate;
(2)  has custody or possession of estate property; or
(3)  acts as a registrar, fiduciary, or transfer agent of or for an evidence of interest, indebtedness, property, or other right belonging to 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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.005. Affidavit as Local Government Record

Sec. 205.005.  AFFIDAVIT AS LOCAL GOVERNMENT RECORD.  (a)  If the judge approves an affidavit under Section 205.003, the affidavit shall be maintained as a local government record under Subtitle C, Title 6, Local Government Code.
(b)  If the county does not maintain local government records in a manner authorized under Subtitle C, Title 6, Local Government Code, the county clerk shall provide and keep in the clerk's office an appropriate book labeled "Small Estates" in which the clerk shall, on payment of the legal recording fee, record each affidavit filed under this chapter.  The small estates book must contain an accurate index that shows the decedent's name and references to any land involved.
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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.006. Title to Homestead Transferred Under Affidavit

Sec. 205.006.  TITLE TO HOMESTEAD TRANSFERRED UNDER AFFIDAVIT.  (a)  If a decedent's homestead is the only real property in the decedent's estate, title to the homestead may be transferred under an affidavit that meets the requirements of this chapter.  The affidavit used to transfer title to the homestead must be recorded in the deed records of a county in which the homestead is located.
(b)  A bona fide purchaser for value may rely on an affidavit recorded under this section.  A bona fide purchaser for value without actual or constructive notice of an heir who is not disclosed in the recorded affidavit acquires title to a homestead free of the interests of the undisclosed heir, but remains subject to any claim a creditor of the decedent has by law.  A purchaser has constructive notice of an heir who is not disclosed in the recorded affidavit if an affidavit, judgment of heirship, or title transaction in the chain of title in the deed records identifies that heir as the decedent's heir.
(c)  An heir who is not disclosed in an affidavit recorded under this section may recover from an heir who receives consideration from a purchaser in a transfer for value of title to a homestead passing under the affidavit.
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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.007. Liability of Certain Persons

Sec. 205.007.  LIABILITY OF CERTAIN PERSONS.  (a)  A person making a payment, delivery, transfer, or issuance under an affidavit described by this chapter is released to the same extent as if made to a personal representative of the decedent.  The person may not be required to:
(1)  see to the application of the affidavit; or
(2)  inquire into the truth of any statement in the affidavit.
(b)  The distributees to whom payment, delivery, transfer, or issuance is made are:
(1)  answerable for the payment, delivery, transfer, or issuance to any person having a prior right; and
(2)  accountable to any personal representative appointed after the payment, delivery, transfer, or issuance.
(c)  Each person who executed the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.
(d)  If a person to whom the affidavit is delivered refuses to pay, deliver, transfer, or issue property as provided by this section, the property may be recovered in an action brought for that purpose by or on behalf of the distributees entitled to the property on proof of the facts required to be stated in the affidavit.
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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.008. Effect of Chapter

Sec. 205.008.  EFFECT OF CHAPTER.  (a)  This chapter does not affect the disposition of property under a will or other testamentary document.
(b)  Except as provided by Section 205.006, this chapter does not transfer title to real property.
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 E - Intestate Succession › Chapter 205 - Small Estate Affidavit › Section 205.009. Construction of Certain References

Sec. 205.009.  CONSTRUCTION OF CERTAIN REFERENCES. A reference in this chapter to "homestead" or "exempt property" means only a homestead or other exempt property that would be eligible to be set aside under Section 353.051 if the decedent's estate was being administered.
Added by Acts 2015, 84th Leg., R.S., Ch. 1106 (H.B. 3136), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter A. Will Formation › Section 251.001. Who May Execute Will

Sec. 251.001.  WHO MAY EXECUTE WILL.  Under the rules and limitations prescribed by law, a person of sound mind has the right and power to make a will if, at the time the will is made, the person:
(1)  is 18 years of age or older;
(2)  is or has been married; or
(3)  is 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. 13, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter A. Will Formation › Section 251.002. Interests That May Pass by Will; Disinheritance

Sec. 251.002.  INTERESTS THAT MAY PASS BY WILL; DISINHERITANCE.  (a)  Subject to limitations prescribed by law, a person competent to make a will may devise under the will all the estate, right, title, and interest in property the person has at the time of the person's death.
(b)  A person who makes a will may:
(1)  disinherit an heir; and
(2)  direct the disposition of property or an interest passing under the will or by intestacy.
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. 14, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter B. Will Requirements › Section 251.051. Written, Signed, and Attested

Sec. 251.051.  WRITTEN, SIGNED, AND ATTESTED.  Except as otherwise provided by law, a will must be:
(1)  in writing;
(2)  signed by:
(A)  the testator in person; or
(B)  another person on behalf of the testator:
(i)  in the testator's presence; and
(ii)  under the testator's direction; and
(3)  attested by two or more credible witnesses who are at least 14 years of age and who subscribe their names to the will in their own handwriting in the testator's presence.
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. 15, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter B. Will Requirements › Section 251.052. Exception for Holographic Wills

Sec. 251.052.  EXCEPTION FOR HOLOGRAPHIC WILLS.  Notwithstanding Section 251.051, a will written wholly in the testator's handwriting is not required to be attested by subscribing witnesses.
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 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter B. Will Requirements › Section 251.053. Exception for Foreign and Certain Other Wills

Sec. 251.053.  EXCEPTION FOR FOREIGN AND CERTAIN OTHER WILLS.  A written will does not need to meet the requirements of Section 251.051 if the will is executed in compliance with:
(1)  the law of the state or foreign country where the will was executed, as that law existed at the time of the will's execution; or
(2)  the law of the state or foreign country where the testator was domiciled or had a place of residence, as that law existed at the time of the will's execution or at the time of the testator's death.
Added by Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 13, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 17, eff. September 1, 2023.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter C. Self-Proved Wills › Section 251.101. Self-Proved Will

Sec. 251.101.  SELF-PROVED WILL.  A self-proved will is a will:
(1)  to which a self-proving affidavit subscribed and sworn to by the testator and witnesses is attached or annexed; or
(2)  that is simultaneously executed, attested, and made self-proved as provided by Section 251.1045.
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. 2.22, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter C. Self-Proved Wills › Section 251.102. Probate and Treatment of Self-Proved Will

Sec. 251.102.  PROBATE AND TREATMENT OF SELF-PROVED WILL.  (a)  A self-proved will may be admitted to probate without the testimony of any subscribing witnesses if:
(1)  the testator and witnesses execute a self-proving affidavit; or
(2)  the will is simultaneously executed, attested, and made self-proved as provided by Section 251.1045.
(b)  A self-proved will may not otherwise be treated differently than a will that is not self-proved.
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. 2.23, eff. January 1, 2014.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter C. Self-Proved Wills › Section 251.103. Period for Making Attested Wills Self-Proved

Sec. 251.103.  PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED.  A will that meets the requirements of Section 251.051 may be made self-proved at:
(1)  the time of the execution of the will; or
(2)  a later date during the lifetime of the testator and the witnesses.
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. 16, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter C. Self-Proved Wills › Section 251.1045. Simultaneous Execution, Attestation, and Self-Proving

Sec. 251.1045.  SIMULTANEOUS EXECUTION, ATTESTATION, AND SELF-PROVING.  (a)  As an alternative to the self-proving of a will by the affidavits of the testator and the attesting witnesses as provided by Section 251.104, a will may be simultaneously executed, attested, and made self-proved before an officer authorized to administer oaths, and the testimony of the witnesses in the probate of the will may be made unnecessary, with the inclusion in the will of the following in form and contents substantially as follows:
I, ______________________, as testator, after being duly sworn, declare to the undersigned witnesses and to the undersigned authority that this instrument is my will, that I willingly make and execute it in the presence of the undersigned witnesses, all of whom are present at the same time, as my free act and deed, and that I request each of the undersigned witnesses to sign this will in my presence and in the presence of each other.  I now sign this will in the presence of the attesting witnesses and the undersigned authority on this ______ day of __________, 20________________.
__________________________
Testator
The undersigned, __________ and __________, each being at least fourteen years of age, after being duly sworn, declare to the testator and to the undersigned authority that the testator declared to us that this instrument is the testator's will and that the testator requested us to act as witnesses to the testator's will and signature.  The testator then signed this will in our presence, all of us being present at the same time.  The testator is eighteen years of age or over (or being under such age, is or has been lawfully married, or is a member of the armed forces of the United States or of an auxiliary of the armed forces of the United States or of the United States Maritime Service), and we believe the testator to be of sound mind.  We now sign our names as attesting witnesses in the presence of the testator, each other, and the undersigned authority on this __________ day of __________, 20______________.
___________________________
Witness
___________________________
Witness
Subscribed and sworn to before me by the said _________, testator, and by the said _____________ and ______________, witnesses, this _____ day of __________, 20____________.
(SEAL)
(Signed)
(Official Capacity of Officer)
(b)  A will that is in substantial compliance with the form provided by Subsection (a) is sufficient to self-prove a will.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.25, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 14, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter C. Self-Proved Wills › Section 251.105. Effect of Signature on Self-Proving Affidavit

Sec. 251.105.  EFFECT OF SIGNATURE ON SELF-PROVING AFFIDAVIT.  A signature on a self-proving affidavit is considered a signature to the will if necessary to prove that the will was signed by the testator or witnesses or both, except that, in that case, the will may not be considered a self-proved will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Sec. 251.106.  CONTEST, REVOCATION, OR AMENDMENT OF SELF-PROVED WILL.  A self-proved will may be contested, revoked, or amended by a codicil in the same manner as a will that is not self-proved.
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 251 - Fundamental Requirements and Provisions Relating to Wills › Subchapter C. Self-Proved Wills › Section 251.107. Self-Proved Holographic Will

Sec. 251.107.  SELF-PROVED HOLOGRAPHIC WILL.  Notwithstanding any other provision of this subchapter, a will written wholly in the testator's handwriting may be made self-proved at any time during the testator's lifetime by the attachment or annexation to the will of an affidavit by the testator to the effect that:
(1)  the instrument is the testator's will;
(2)  the testator was 18 years of age or older at the time the will was executed or, if the testator was younger than 18 years of age, that the testator:
(A)  was or had been married; or
(B)  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 at the time the will was executed;
(3)  the testator was of sound mind; and
(4)  the testator has not revoked the will.
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. 18, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter A. Deposit of Will With County Clerk › Section 252.001. Will Deposit; Certificate

Sec. 252.001.  WILL DEPOSIT; CERTIFICATE.  (a)  A testator, or another person for the testator, may deposit the testator's will with the county clerk of the county of the testator's residence.  Before accepting the will for deposit, the clerk may require proof satisfactory to the clerk concerning the testator's identity and residence.
(a-1)  An attorney, business entity, or other person in possession of a testator's will may deposit the will with the county clerk of the county of the testator's last known residence if the attorney, business entity, or other person is unable to maintain custody of the will and, after a diligent search, the attorney, business entity, or other person is not able to contact or locate the testator.  The attorney, business entity, or other person shall provide to the county clerk at the time the will is deposited:
(1)  the name and last known address of the testator; and
(2)  if the will names an executor, the name and last known address, if available, of each executor named in the will, including any alternate executors.
(b)  The county clerk shall receive and keep a will deposited under this section on the payment of a $5 fee.
(c)  On the deposit of the will, the county clerk shall issue a certificate of deposit for the will.
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. 701 (H.B. 2207), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter A. Deposit of Will With County Clerk › Section 252.002. Sealed Wrapper Required

Sec. 252.002.  SEALED WRAPPER REQUIRED.  (a)  A will intended to be deposited with a county clerk shall be enclosed in a sealed wrapper.
(b)  The wrapper of a will deposited under Section 252.001(a) must be endorsed with:
(1)  "Will of," followed by the name, address, and signature of the testator; and
(2)  the name and current address of each person who is to be notified of the deposit of the will after the testator's death.
(c)  The wrapper of a will deposited under Section 252.001(a-1) must be endorsed with:
(1)  "Will of," followed by the name and last known address of the testator; and
(2)  if the will names an executor, the name and last known address, if available, of each executor named in the will, including any alternate executors.
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. 701 (H.B. 2207), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter A. Deposit of Will With County Clerk › Section 252.003. Numbering of Filed Wills and Corresponding Certificates

Sec. 252.003.  NUMBERING OF FILED WILLS AND CORRESPONDING CERTIFICATES.  (a)  A county clerk shall number wills deposited with the clerk in consecutive order.
(b)  A certificate of deposit issued under Section 252.001(c) on receipt of a will must bear the same number as the will for which the certificate is issued.
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 252 - Safekeeping and Custody of Wills › Subchapter A. Deposit of Will With County Clerk › Section 252.004. Index

Sec. 252.004.  INDEX.  A county clerk shall keep an index of all wills deposited with the clerk under Section 252.001.
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 252 - Safekeeping and Custody of Wills › Subchapter B. Will Delivery During Life of Testator › Section 252.051. Will Delivery

Sec. 252.051.  WILL DELIVERY.  During the lifetime of the testator, a will deposited with a county clerk under Subchapter A may be delivered only to:
(1)  the testator; or
(2)  another person authorized by the testator by a sworn written order.
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 252 - Safekeeping and Custody of Wills › Subchapter B. Will Delivery During Life of Testator › Section 252.052. Surrender of Certificate of Deposit; Exception

Sec. 252.052.  SURRENDER OF CERTIFICATE OF DEPOSIT; EXCEPTION.  (a)  Except as provided by Subsection (b), on delivery of a will to the testator or a person authorized by the testator under Section 252.051, the certificate of deposit issued for the will must be surrendered by the person to whom delivery of the will is made.
(b)  A county clerk may instead accept and file an affidavit by the testator stating that the certificate of deposit issued for the will has been lost, stolen, or destroyed.
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 252 - Safekeeping and Custody of Wills › Subchapter C. Actions by County Clerk on Death of Testator › Section 252.101. Notification by County Clerk

Sec. 252.101.  NOTIFICATION BY COUNTY CLERK.  A county clerk shall notify each person named on the endorsement of the will wrapper that the will is on deposit in the clerk's office if:
(1)  an affidavit is submitted to the clerk stating that the testator has died; or
(2)  the clerk receives other notice or proof of the testator's death sufficient to convince the clerk that the testator has died.
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. 701 (H.B. 2207), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter C. Actions by County Clerk on Death of Testator › Section 252.102. Will Delivery on Testator's Death

Sec. 252.102.  WILL DELIVERY ON TESTATOR'S DEATH.  On the request of one or more persons notified under Section 252.101, the county clerk shall deliver the will that is the subject of the notice to the person or persons.  The clerk shall obtain a receipt for delivery 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 252 - Safekeeping and Custody of Wills › Subchapter C. Actions by County Clerk on Death of Testator › Section 252.103. Inspection of Will by County Clerk

Sec. 252.103.  INSPECTION OF WILL BY COUNTY CLERK.  A county clerk shall open a will wrapper and inspect the will if:
(1)  the notice required by Section 252.101 is returned as undelivered; or
(2)  the clerk has accepted for deposit a will that does not specify on the will wrapper the person to whom the will is to be delivered on 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 252 - Safekeeping and Custody of Wills › Subchapter C. Actions by County Clerk on Death of Testator › Section 252.104. Notice and Delivery of Will to Executor

Sec. 252.104.  NOTICE AND DELIVERY OF WILL TO EXECUTOR.  If a county clerk inspects a will under Section 252.103 and the will names an executor, the clerk shall:
(1)  notify the person named as executor that the will is on deposit with the clerk; and
(2)  deliver, on request, the will to the person named as executor.
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. 701 (H.B. 2207), Sec. 4, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter C. Actions by County Clerk on Death of Testator › Section 252.105. Notice and Delivery of Will to Devisees

Sec. 252.105.  NOTICE AND DELIVERY OF WILL TO DEVISEES.  (a)  If a county clerk inspects a will under Section 252.103, the clerk shall notify the devisees named in the will that the will is on deposit with the clerk if:
(1)  the will does not name an executor;
(2)  the person named as executor in the will:
(A)  has died; or
(B)  fails to take the will before the 31st day after the date the notice required by Section 252.104 is mailed to the person; or
(3)  the notice mailed to the person named as executor is returned as undelivered.
(b)  On request, the county clerk shall deliver the will to any or all of the devisees notified under Subsection (a).
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. 701 (H.B. 2207), Sec. 5, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter D. Legal Effect of Will Deposit › Section 252.151. Deposit Has No Legal Significance

Sec. 252.151.  DEPOSIT HAS NO LEGAL SIGNIFICANCE.  The provisions of Subchapter A providing for the deposit of a will with a county clerk are solely for the purpose of providing a safe and convenient repository for a will.  For purposes of probate, a will deposited as provided by Subchapter A may not be treated differently than a will that has not been deposited.
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. 701 (H.B. 2207), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter D. Legal Effect of Will Deposit › Section 252.152. Prior Deposited Will in Relation to Later Will

Sec. 252.152.  PRIOR DEPOSITED WILL IN RELATION TO LATER WILL.  A will that is not deposited as provided by Subchapter A shall be admitted to probate on proof that the will is the last will of the testator, notwithstanding the fact that the testator has a prior will that has been deposited in accordance with Subchapter A.
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. 19, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter D. Legal Effect of Will Deposit › Section 252.153. Will Deposit Does Not Constitute Notice

Sec. 252.153.  WILL DEPOSIT DOES NOT CONSTITUTE NOTICE.  The deposit of a will as provided by Subchapter A does not constitute notice, constructive or otherwise, to any person as to the existence or the contents 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 252 - Safekeeping and Custody of Wills › Subchapter E. Duty and Liability of Custodian of Estate Papers › Section 252.201. Will Delivery

Sec. 252.201.  WILL DELIVERY. (a) On receiving notice of a testator's death, the person who has custody of the testator's will shall deliver the will to the clerk of the court that has jurisdiction of the testator's estate.
(b)  The clerk of the court shall handle the will in the same manner prescribed by Subchapter A for a will deposited under Section 252.001 other than collection of a fee under Section 252.001(b).
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. 701 (H.B. 2207), Sec. 7, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter E. Duty and Liability of Custodian of Estate Papers › Section 252.2015. Notice and Delivery of Will to Executor or Devisees

Sec. 252.2015.  NOTICE AND DELIVERY OF WILL TO EXECUTOR OR DEVISEES.  (a)  On the deposit of a will under Section 252.201 that names an executor, the clerk of the court shall:
(1)  notify the person named as executor in the manner prescribed by Section 252.104; and
(2)  deliver, on request, the will to the person named as executor.
(b)  On the deposit of a will under Section 252.201, the clerk of the court shall notify the devisees named in the will in the manner prescribed by Section 252.105(a) if:
(1)  the will does not name an executor;
(2)  the person named as executor in the will:
(A)  has died; or
(B)  fails to take the will before the 31st day after the date the notice required by Subsection (a) is mailed to the person; or
(3)  the notice mailed to the person named as executor is returned as undelivered.
(c)  On request, the clerk of the court shall deliver the will to any or all of the devisees notified under Subsection (b).
Added by Acts 2017, 85th Leg., R.S., Ch. 701 (H.B. 2207), Sec. 8, eff. September 1, 2017.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 252 - Safekeeping and Custody of Wills › Subchapter E. Duty and Liability of Custodian of Estate Papers › Section 252.202. Personal Service on Custodian of Estate Papers

Sec. 252.202.  PERSONAL SERVICE ON CUSTODIAN OF ESTATE PAPERS.  On a sworn written complaint that a person has custody of the last will of a testator or any papers belonging to the estate of a testator or intestate, the judge of the court that has jurisdiction of the estate shall have the person cited by personal service to appear and show cause why the person should not deliver:
(1)  the will to the court for probate; or
(2)  the papers to the executor or administrator.
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 252 - Safekeeping and Custody of Wills › Subchapter E. Duty and Liability of Custodian of Estate Papers › Section 252.203. Arrest; Confinement

Sec. 252.203.  ARREST; CONFINEMENT.  On the return of a citation served under Section 252.202, if the judge is satisfied that the person served with the citation had custody of the will or papers at the time the complaint under that section was filed and the person does not deliver the will or papers or show good cause why the will or papers have not been delivered, the judge may have the person arrested and confined until the person delivers the will or papers.
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 252 - Safekeeping and Custody of Wills › Subchapter E. Duty and Liability of Custodian of Estate Papers › Section 252.204. Damages

Sec. 252.204.  DAMAGES.  (a)  A person who refuses to deliver a will or papers described by Section 252.202 is liable to any person aggrieved by the refusal for all damages sustained as a result of the refusal.
(b)  Damages may be recovered under this section in any court of competent jurisdiction.
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 253 - Change and Revocation of Wills › Section 253.001. Court May Not Prohibit Changing or Revoking a Will

Sec. 253.001.  COURT MAY NOT PROHIBIT CHANGING OR REVOKING A WILL.  (a)  Notwithstanding Section 22.007(a), in this section, "court" means a constitutional county court, district court, or statutory county court, including a statutory probate court.
(b)  A court may not prohibit a person from:
(1)  executing a new will;
(2)  executing a codicil to an existing will; or
(3)  revoking an existing will or codicil in whole or in part.
(c)  Any portion of a court order that purports to prohibit a person from engaging in an action described by Subsection (b) is void and may be disregarded without penalty or sanction of any kind.
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. 20, eff. January 1, 2014.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 15, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 16, eff. September 1, 2015.
2023 Texas Statutes › Estates Code › Title 2 - Estates of Decedents; Durable Powers of Attorney › Subtitle F - Wills › Chapter 253 - Change and Revocation of Wills › Section 253.002. Revocation of Will

Sec. 253.002.  REVOCATION OF WILL.  A written will, or a clause or devise in a written will, may not be revoked, except by a subsequent will, codicil, or declaration in writing that is executed with like formalities, or by the testator destroying or canceling the same, or causing it to be destroyed or canceled in the testator's presence.
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 254.001. Devises to Trustees

Sec. 254.001.  DEVISES TO TRUSTEES.  (a)  A testator may validly devise property in a will to the trustee of a trust established or to be established:
(1)  during the testator's lifetime by the testator, the testator and another person, or another person, including a funded or unfunded life insurance trust in which the settlor has reserved any or all rights of ownership of the insurance contracts; or
(2)  at the testator's death by the testator's devise to the trustee, regardless of the existence, size, or character of the corpus of the trust, if:
(A)  the trust is identified in the testator's will; and
(B)  the terms of the trust are in:
(i)  a written instrument, other than a will, executed before, with, or after the execution of the testator's will; or
(ii)  another person's will if that person predeceased the testator.
(b)  A devise under Subsection (a) is not invalid because the trust:
(1)  is amendable or revocable; or
(2)  was amended after the execution of the will or the testator's death.
(c)  Unless the testator's will provides otherwise, property devised to a trust described by Subsection (a) is not held under a testamentary trust of the testator. The property:
(1)  becomes part of the trust to which the property is devised; and
(2)  must be administered and disposed of according to the provisions of the instrument establishing the trust, including any amendment to the instrument made before or after the testator's death.
(d)  Unless the testator's will provides otherwise, a revocation or termination of the trust before the testator's death causes the devise to lapse.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.