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Texas Probate Code - Section 2. Effective Date And Application

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§ 2. EFFECTIVE DATE AND APPLICATION.  (a) Effective Date. 
This Code shall take effect and be in force on and after January 1, 
1956.  The procedure herein prescribed shall govern all probate 
proceedings in county and probate courts brought after the 
effective date of this Act, and also all further procedure in 
proceedings in probate then pending, except to the extent that in 
the opinion of the court, with respect to proceedings in probate 
then pending, its application in particular proceedings or parts 
thereof would not be feasible or would work injustice, in which 
event the former procedure shall apply.
	(b)  Rights Not Affected. No act done in any proceeding 
commenced before this Code takes effect, and no accrued right, 
shall be impaired by the provisions of this Code.  When a right is 
acquired, extinguished, or barred upon the expiration of a 
prescribed period of time which has commenced to run by the 
provision of any statute in force before this Code takes effect, 
such provision shall remain in force and be deemed a part of this 
Code with respect to such right.  All things properly done under any 
previously existing statute prior to the taking effect of this Code 
shall be treated as valid.  Where citation or other process or 
notice is issued and served in compliance with existing statutes 
prior to the taking effect of this Code, the party upon whom such 
citation or other process has been served shall have the time 
provided for under such previously existing statutes in which to 
comply therewith.
	(c)  Subdivisions Have No Legal Effect. The division of this 
Code into Chapters, Parts, Sections, Subsections, and Paragraphs is 
solely for convenience and shall have no legal effect.
	(d)  Severability. If any provision of this Code, or the 
application thereof to any person or circumstance, is held invalid, 
such invalidity shall not affect other provisions or applications 
of the Code which can be given effect without the invalid provision 
or application, and to this end the provisions of this Code are 
declared to be severable, and the Legislature hereby states that it 
would have enacted such portions of the Code which can lawfully be 
given effect regardless of the possible invalidity of other 
provisions of the Code.
	(e)  Nature of Proceeding.  The administration of the estate 
of a decedent, from the filing of the application for probate and 
administration, or for administration, until the decree of final 
distribution and the discharge of the last personal representative, 
shall be considered as one proceeding for purposes of jurisdiction.  
The entire proceeding is a proceeding in rem.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1993, 73rd Leg., ch. 957, § 2, eff. Sept. 1, 1993.

Last modified: August 11, 2007