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
(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