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Texas Probate Code - Section 303. Evidence Concerning Lost Or Destroyed Claims

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 303. Evidence Concerning Lost Or Destroyed Claims

§ 303. EVIDENCE CONCERNING LOST OR DESTROYED CLAIMS.  If 
evidence of a claim is lost or destroyed, the claimant or an 
authorized representative or agent of the claimant, may make 
affidavit to the fact of such loss or destruction, stating the 
amount, date, and nature of the claim and when due, and that the 
same is just, and that all legal offsets, payments and credits known 
to the affiant have been allowed, and that the claimant is still the 
owner of the claim;  and the claim must be proved by disinterested 
testimony taken in open court, or by oral or written deposition, 
before the claim is approved.  If such claim is allowed or approved 
without such affidavit, or if it is approved without satisfactory 
proof, such allowance or approval shall be void.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1995, 74th Leg., ch. 1054, § 7, eff. Jan. 1, 1996.

Last modified: August 11, 2007