Texas Estates Code Title 2, Chapter 256 - Probate Of Wills Generally

SUBCHAPTER A EFFECTIVENESS OF WILL; PERIOD FOR PROBATE

• Texas Section 256.001 - Will Not Effective Until Probated
  Except as provided by Subtitle K with respect to foreign wills, a will is not effective to prove title to, or the right to possession...
• Texas Section 256.002 - Probate Before Death Void
  The probate of a will of a living person is void. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff....

SUBCHAPTER B APPLICATION REQUIREMENTS

• Texas Section 256.003 - Period For Admitting Will To Probate; Protection For Certain Purchasers
  (a) Except as provided by Section 501.001 with respect to a foreign will, a will may not be admitted to probate after the fourth anniversary...
• Texas Section 256.051 - Eligible Applicants For Probate Of Will
  (a) An executor named in a will, an independent administrator designated by all of the distributees of the decedent under Section 401.002(b), or an interested...
• Texas Section 256.052 - Contents Of Application For Probate Of Will
  (a) An application for the probate of a will must state and aver the following to the extent each is known to the applicant or...
• Texas Section 256.053 - Filing Of Will With Application For Probate Generally Required
  (a) An applicant for the probate of a will shall file the will with the application if the will is in the applicant's control. (b)...

SUBCHAPTER C PROCEDURES FOR SECOND APPLICATION

• Texas Section 256.054 - Additional Application Requirements When No Will Is Produced
  In addition to the requirements for an application under Section 256.052, if an applicant for the probate of a will cannot produce the will in...
• Texas Section 256.101 - Procedure On Filing Of Second Application When Original Application Has Not Been Heard
  (a) If, after an application for the probate of a decedent's will or the appointment of a personal representative for the decedent's estate has been...
• Texas Section 256.102 - Procedure On Filing Of Second Application For Probate After First Will Has Been Admitted
  If, after a decedent's will has been admitted to probate, an application is filed for the probate of a will of the same decedent that...

SUBCHAPTER D REQUIRED PROOF FOR PROBATE OF WILL

• Texas Section 256.103 - Procedure When Application For Probate Is Filed After Letters Of Administration Have Been Granted
  (a) A lawful will of a decedent that is discovered after letters of administration have been granted on the decedent's estate may be proved in...
• Texas Section 256.151 - General Proof Requirements
  An applicant for the probate of a will must prove to the court's satisfaction that: (1) the testator is dead; (2) four years have not...
• Texas Section 256.152 - Additional Proof Required For Probate Of Will
  (a) An applicant for the probate of a will must prove the following to the court's satisfaction, in addition to the proof required by Section...
• Texas Section 256.153 - Proof Of Execution Of Attested Will
  (a) An attested will produced in court that is not self-proved as provided by this title may be proved in the manner provided by this...
• Texas Section 256.154 - Proof Of Execution Of Holographic Will
  (a) A will wholly in the handwriting of the testator that is not self-proved as provided by this title may be proved by two witnesses...
• Texas Section 256.155 - Procedures For Depositions When No Contest Is Filed
  (a) This section, rather than Sections 256.153(c) and (d) and 256.154 regarding the taking of depositions, applies if no contest has been filed with respect...
• Texas Section 256.156 - Proof Of Will Not Produced In Court
  (a) A will that cannot be produced in court must be proved in the same manner as provided in Section 256.153 for an attested will...

SUBCHAPTER E ADMISSION OF WILL TO, AND PROCEDURES FOLLOWING, PROBATE

• Texas Section 256.157 - Testimony Regarding Probate To Be Committed To Writing
  (a) Except as provided by Subsection (b), all testimony taken in open court on the hearing of an application to probate a will must be:...
• Texas Section 256.201 - Admission Of Will To Probate
  If the court is satisfied on the completion of hearing an application for the probate of a will that the will should be admitted to...
• Texas Section 256.202 - Custody Of Probated Will
  An original will and the probate of the will shall be deposited in the office of the county clerk of the county in which the...
• Texas Section 256.203 - Establishing Contents Of Will Not In Court's Custody
  If for any reason a will is not in the court's custody, the court shall find the contents of the will by written order. Certified...
• Texas Section 256.204 - Period For Contest
  (a) After a will is admitted to probate, an interested person may commence a suit to contest the validity thereof not later than the second...

Last modified: September 28, 2016