Sec. 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 to the testator's handwriting. The evidence may be by:
(1) sworn testimony or affidavit taken in open court; or
(2) if the witnesses are nonresidents of the county or are residents who are unable to attend court, written or oral deposition taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure.
(b) A witness being deposed for purposes of proving the will as provided by Subsection (a)(2) may testify by referring to a certified copy of the will, without the judge requiring the original will to be removed from the court's file and shown to the witness.
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. 28, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Chapter 256 - Probate of Wills Generally
Subchapter D. Required Proof for Probate of Will
Section 256.151. General Proof Requirements
Section 256.152. Additional Proof Required for Probate of Will
Section 256.153. Proof of Execution of Attested Will
Section 256.154. Proof of Execution of Holographic Will
Section 256.155. Procedures for Depositions When No Contest Is Filed
Section 256.156. Proof of Will Not Produced in Court
Section 256.157. Testimony Regarding Probate to Be Committed to Writing