Texas Estates Code Title 2, Chapter 252 - Safekeeping And Custody Of Wills

SUBCHAPTER A DEPOSIT OF WILL WITH COUNTY CLERK

• Texas Section 252.001 - Will Deposit; Certificate
  (a) A testator, or another person for the testator, may deposit the testator's will with the county clerk of the county of the testator's residence....
• Texas Section 252.002 - Sealed Wrapper Required
  (a) A will intended to be deposited with a county clerk shall be enclosed in a sealed wrapper. (b) The wrapper must be endorsed with:...
• Texas Section 252.003 - Numbering Of Filed Wills And Corresponding Certificates
  (a) A county clerk shall number wills deposited with the clerk in consecutive order. (b) A certificate of deposit issued under Section 252.001(c) on receipt...

SUBCHAPTER B WILL DELIVERY DURING LIFE OF TESTATOR

• Texas Section 252.004 - Index
  A county clerk shall keep an index of all wills deposited with the clerk under Section 252.001. Added by Acts 2009, 81st Leg., R.S., Ch....
• Texas Section 252.051 - Will Delivery
  During the lifetime of the testator, a will deposited with a county clerk under Subchapter A may be delivered only to: (1) the testator; or...

SUBCHAPTER C ACTIONS BY COUNTY CLERK ON DEATH OF TESTATOR

• Texas Section 252.052 - Surrender Of Certificate Of Deposit; Exception
  (a) Except as provided by Subsection (b), on delivery of a will to the testator or a person authorized by the testator under Section 252.051,...
• Texas Section 252.101 - Notification By County Clerk
  A county clerk shall notify, by registered mail, return receipt requested, each person named on the endorsement of the will wrapper that the will is...
• Texas Section 252.102 - Will Delivery On Testator's Death
  On the request of one or more persons notified under Section 252.101, the county clerk shall deliver the will that is the subject of the...
• Texas Section 252.103 - Inspection Of Will By County Clerk
  A county clerk shall open a will wrapper and inspect the will if: (1) the notice required by Section 252.101 is returned as undelivered; or...
• Texas Section 252.104 - Notice And Delivery Of Will To Executor
  If a county clerk inspects a will under Section 252.103 and the will names an executor, the clerk shall: (1) notify the person named as...

SUBCHAPTER D LEGAL EFFECT OF WILL DEPOSIT

• Texas Section 252.105 - Notice And Delivery Of Will To Devisees
  (a) If a county clerk inspects a will under Section 252.103, the clerk shall notify by registered mail, return receipt requested, the devisees named in...
• Texas Section 252.151 - Deposit Has No Legal Significance
  The provisions of Subchapter A providing for the deposit of a will with a county clerk during the lifetime of a testator are solely for...
• Texas Section 252.152 - Prior Deposited Will In Relation To Later Will
  A will that is not deposited as provided by Subchapter A shall be admitted to probate on proof that the will is the last will...

SUBCHAPTER E DUTY AND LIABILITY OF CUSTODIAN OF ESTATE PAPERS

• Texas Section 252.153 - Will Deposit Does Not Constitute Notice
  The deposit of a will as provided by Subchapter A does not constitute notice, constructive or otherwise, to any person as to the existence or...
• Texas Section 252.201 - Will Delivery
  On receiving notice of a testator's death, the person who has custody of the testator's will shall deliver the will to the clerk of the...
• Texas Section 252.202 - Personal Service On Custodian Of Estate Papers
  On a sworn written complaint that a person has custody of the last will of a testator or any papers belonging to the estate of...
• Texas Section 252.203 - Arrest; Confinement
  On the return of a citation served under Section 252.202, if the judge is satisfied that the person served with the citation had custody of...
• Texas Section 252.204 - Damages
  (a) A person who refuses to deliver a will or papers described by Section 252.202 is liable to any person aggrieved by the refusal for...

Last modified: September 28, 2016