Sec. 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) A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody:
(1) by a court order under Section 256.202; or
(2) by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 23, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 24, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 13, eff. September 1, 2019.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Chapter 256 - Probate of Wills Generally
Subchapter B. Application Requirements
Section 256.051. Eligible Applicants for Probate of Will
Section 256.052. Contents of Application for Probate of Will
Section 256.053. Filing of Will With Application for Probate Generally Required
Section 256.054. Additional Application Requirements When No Will Is Produced