Sec. 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:
(1) committed to writing at the time the testimony is taken;
(2) subscribed and sworn to in open court by the witness; and
(3) filed by the clerk.
(b) In a contested case, the court, on the agreement of the parties or, if there is no agreement, on the court's own motion, may waive the requirements of Subsection (a).
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, 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