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Texas Probate Code - Chapter V Probate And Grant Of AdministrationLegal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Chapter V Probate And Grant Of Administration Sponsored Links(a) The probate of a will or administration of an estate of a living person shall be void; provided, however, that the court shall have ... (a) No will shall be admitted to probate after the lapse of four years from the death of the testator unless it be shown by ... All applications for the grant of letters testamentary or of administration upon an estate must be filed within four years after the death of the ... Upon receiving notice of the death of a testator, the person having custody of the testator's will shall deliver it to the clerk of the ... An executor named in a will or any interested person may make application to the court of a proper county: (a) For an order admitting ... Letters testamentary or of administration shall be granted to persons who are qualified to act, in the following order: (a) To the person named as ... No person is qualified to serve as an executor or administrator who is: (a) An incapacitated person; (b) A convicted felon, under the laws either ... The surviving husband or wife, or, if there be none, the heirs or any one of the heirs of the deceased to the exclusion of ... (a) Method of Prevention. When application is made for letters of administration upon an estate by a creditor, and other interested persons do not desire ... (a) For Probate of a Written Will. A written will shall, if within the control of the applicant, be filed with the application for its ... An application for letters of administration when no will, written or oral, is alleged to exist shall state: (a) The name and domicile of the ... (a) Where Original Application Has Not Been Heard. If, after an application for the probate of a will or for the appointment of a general ... (a) Self-Proved Will. If a will is self-proved as provided in this Code, no further proof of its execution with the formalities and solemnities and ... A written will which cannot be produced in court shall be proved in the same manner as provided in the preceding Section for an attested ... (a) Notice and Proof of Nuncupative Will. No nuncupative will shall be proved within fourteen days after the death of the testator, or until those ... All testimony taken in open court upon the hearing of an application to probate a will shall be committed to writing at the time it ... (a) General Proof. Whenever an applicant seeks to probate a will or to obtain issuance of letters testamentary or of administration, he must first prove ... Upon the completion of hearing of an application for the probate of a will, if the Court be satisfied that such will should be admitted ... (a) A written will shall, if within the control of the applicant, be filed with the application for probate as a muniment of title, and ... (a) General Proof. Whenever an applicant seeks to probate a will as a muniment of title, the applicant must first prove to the satisfaction of ... (a) In each instance where the court is satisfied that a will should be admitted to probate, and where the court is further satisfied that ... All original wills, together with the probate thereof, shall be deposited in the office of the county clerk of the county wherein the same shall ... If for any reason a written will is not in the custody of the court, or if the will is oral, the court shall find ... Where letters testamentary or of administration shall have once been granted, any person interested in the administration of the estate may proceed, after any lapse ... After a will has been admitted to probate, any interested person may institute suit in the proper court to contest the validity thereof, within two ... Except as hereinafter provided with respect to foreign wills, no will shall be effectual for the purpose of proving title to, or the right to ... (a) Foreign Will May Be Probated. The written will of a testator who was not domiciled in Texas at the time of his death which ... When any will or testamentary instrument conveying or in any manner disposing of land in this State has been duly probated according to the laws ... A copy of such foreign will or testamentary instrument, and of its probate attested as provided above, together with the certificate that said attestation is ... Every such foreign will, or testamentary instrument, and the record of its probate, which shall be attested and proved, as hereinabove provided, and delivered to ... The record of any such foreign will, or testamentary instrument, and of its probate, duly attested and proved and filed for recording in the deed ... (a) Will Admitted in Domiciliary Jurisdiction. A foreign will that has been admitted to probate or established in the jurisdiction in which the testator was ... Within the time permitted for the contest of a foreign will in this State, verified notice may be filed and recorded in the minutes of ... Final rejection of a will or other testamentary instrument from probate or establishment in the jurisdiction in which the testator was domiciled shall be conclusive ... Original probate of the will of a testator who died domiciled outside this State which, upon probate, may operate upon any property in this State, ... If a testator dies domiciled outside this State, a copy of his will, authenticated in the manner required by this Code, shall be sufficient proof ... When a foreign will is admitted to ancillary probate in accordance with Section 95 of this Code, the executor named in such will shall be ... (a) A corporate fiduciary that does not have its main office or a branch office in this state, hereinafter called "foreign corporate fiduciaries", having the ... A foreign executor shall not be required to give bond if the will appointing him so provides. If the will does not exempt him from ... When by any foreign will recorded in the deed records of any county in this state in the manner provided herein, power is given an ... (a) On giving notice by registered or certified mail to all creditors of the decedent in this state who have filed a claim against the ... An applicant may file an application requesting emergency intervention by a court exercising probate jurisdiction to provide for the payment of funeral and burial expenses ... A person qualified to serve as an administrator under Section 77 of this code may file an emergency intervention application. Added by Acts 1993, 73rd ... An applicant may file an emergency application with the court under Section 108 of this code only if an application has not been filed and ... (a) An application for emergency intervention to obtain funds needed for a decedent's funeral and burial expenses must be sworn and must contain: (1) the ... An application for emergency intervention to gain access to rental accommodations of a decedent at the time of the decedent's death that contain the decedent's ... (a) If the court determines on review of an application filed under Section 108 of this code that emergency intervention is necessary to obtain funds ... (a) All power and authority of an applicant under an emergency intervention order cease to be effective or enforceable on the 90th day after the ... (a) An application under this section may be filed by: (1) the executor of the deceased's will; or (2) the next of kin of the ... (a) Where Application Is for Probate of a Written Will Produced in Court or for Letters of Administration. When an application for the probate of ... (a) If the address of the entity can be ascertained with reasonable diligence, an applicant under Section 81 of this code shall give the state, ... (a) Except as provided by Subsection (b) of this section, an applicant for the probate of a will under Section 73(a) of this code must ... (a) In all cases where written wills produced in court have been probated prior to June 14, 1927, after publication of citation as provided by ... Notwithstanding any other provisions of this part of this chapter, if an attempt to make service under this part of this chapter is unsuccessful, service ... Last modified: August 11, 2007 |