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Texas Probate Code - Chapter I General ProvisionsLegal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Chapter I General Provisions Sponsored LinksThis Act shall be known, and may be cited, as the "Texas Probate Code." Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, ... (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 ... Except as otherwise provided by Chapter XIII of this Code, when used in this Code, unless otherwise apparent from the context: (a) "Authorized corporate surety" ... The county court shall have the general jurisdiction of a probate court. It shall probate wills, grant letters testamentary and of administration, settle accounts of ... (a) Repealed by Acts 2003, 78th Leg., ch. 1060, § 16. (b) In those counties in which there is no statutory probate court, county court ... (a) In proceedings in the constitutional county courts and statutory county courts at law, the phrases "appertaining to estates" and "incident to an estate" in ... (a) A judge of a statutory probate court, on the motion of a party to the action or on the motion of a person interested ... (a) This section applies only to a decedent's estate that: (1) is being administered in a pending probate proceeding; (2) owns or claims an interest ... Wills shall be admitted to probate, and letters testamentary or of administration shall be granted: (a) In the county where the deceased resided, if he ... (a) Concurrent Venue. When two or more courts have concurrent venue of an estate, the court in which application for probate proceedings thereon is first ... No defect of form or substance in any pleading in probate shall be held by any court to invalidate such pleading, or any order based ... Any person interested in an estate may, at any time before any issue in any proceeding is decided upon by the court, file opposition thereto ... (a) An institution of higher education as defined by Section 61.003, Education Code, a private institution of higher education, or a charitable organization is a ... Notwithstanding the Medical Practice Act (Article 4495b, Vernon's Texas Civil Statutes), a person who is a party to a will contest or a proceeding in ... (a) The filing or contesting in probate court of any pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the ... All applications for probate proceedings, complaints, petitions and all other papers permitted or required by law to be filed in the court in probate matters, ... (a) Applicability of Laws Regulating Costs. The provisions of law regulating costs in ordinary civil cases shall apply to all matters in probate when not ... The county clerk shall keep a record book to be styled "Judge's Probate Docket," and shall enter therein: (a) The name of each person upon ... The county clerk shall also keep a record book to be styled "Claim Docket," and shall enter therein all claims presented against an estate for ... The county clerk shall maintain a case file for each decedent's estate in which a probate proceeding has been filed. The case file must contain ... The county clerk shall keep a record book styled "Probate Fee Book," and shall enter therein each item of costs which accrues to the officers ... In lieu of keeping the record books described by Sections 13, 14, and 16 of this code, the county clerk may maintain the information relating ... The county clerk shall properly index the records and keep the index open for public inspection, but may not release the index from the clerk's ... The record books or individual case files, including records on a computer file, on microfilm, in the form of a digitized optical image, or in ... The judge of the court in which probate proceedings are pending, at such times as he shall determine, shall call the estates of decedents in ... Whenever, on account of the county judge's absence from the county seat, or his being on vacation, disqualified, ill, or deceased, such judge is unable ... In all contested probate and mental illness proceedings in the district court or in the county court or statutory probate court, county court at law ... In proceedings arising under the provisions of this Code, the rules relating to witnesses and evidence that govern in the District Court shall apply so ... All decisions, orders, decrees, and judgments of the county court in probate matters shall be rendered in open court except in cases where it is ... The county or probate judge may enforce obedience to all his lawful orders against executors and administrators by attachment and imprisonment, but no such imprisonment ... Executions in probate matters shall be directed "to any sheriff or any constable within the State of Texas," made returnable in sixty days, and shall ... Whenever complaint in writing, under oath, shall be made to the county or probate judge by any person interested in the estate of a decedent ... When any person shall sell property and enter into bond or other written agreement to make title thereto, and shall depart this life without having ... Pending appeals from orders or judgments appointing administrators or temporary administrators, the appointees shall continue to act as such and shall continue the prosecution of ... When an appeal is taken by an executor or administrator, no bond shall be required, unless such appeal personally concerns him, in which case he ... Any person interested may, by a bill of review filed in the court in which the probate proceedings were had, have any decision, order, or ... The rights, powers and duties of executors and administrators shall be governed by the principles of the common law, when the same do not conflict ... (a) When Citation or Notice Necessary. No person need be cited or otherwise given notice except in situations in which this Code expressly provides for ... If any attorney shall have entered his appearance of record for any party in any proceeding in probate, all citations and notices required to be ... Except as provided by Section 53(c) of this code, the judge of a probate court may appoint an attorney ad litem to represent the interests ... Any person legally competent who is interested in any hearing in a proceeding in probate may, in person or by attorney, waive in writing notice ... (a) It shall be the duty of each county and probate court to use reasonable diligence to see that personal representatives of estates being administered ... (a) A judge of a court having probate jurisdiction of a decedent's estate may order a person to permit a court representative named in the ... (a) A judge who orders an examination by a court representative of a decedent's documents or safe deposit box under Section 36B of this code ... (a) A person who possesses or controls a document delivered by a decedent for safekeeping or who leases a safe deposit box to a decedent ... (a) A person who permits an examination of a decedent's document or safe deposit box under Section 36D of this code may deliver: (1) a ... A person may not remove the contents of a decedent's safe deposit box except as provided by Section 36C or 36E of this code or ... Last modified: August 11, 2007 |