Sec. 504.004. PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE. (a) The probate in this state of a foreign will shall be set aside if:
(1) the will was probated in this state:
(A) in accordance with the procedure applicable to the probate of a will admitted to probate in the jurisdiction in which the testator was domiciled at the time of the testator's death; and
(B) without the service of citation required for a will admitted to probate in another jurisdiction that was not the testator's domicile at the time of the testator's death; and
(2) it is proved that the foreign jurisdiction in which the will was probated was not the testator's domicile at the time of the testator's death.
(b) If otherwise entitled, a will the probate of which is set aside in accordance with Subsection (a) may be:
(1) reprobated in accordance with the procedure prescribed for the probate of a will admitted in a jurisdiction that was not the testator's domicile at the time of the testator's death; or
(2) admitted to original probate in this state in the proceeding in which the ancillary probate was set aside or in a subsequent proceeding.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Last modified: September 28, 2016