Sec. 501.004. RECORDING BY CLERK. (a) If a foreign will submitted for ancillary probate in this state has been admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death, it is the ministerial duty of the court clerk to record the will and the evidence of the will's probate or other establishment in the judge's probate docket.
(b) If a foreign will submitted for ancillary probate in this state has been admitted to probate or otherwise established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death, and a contest against the ancillary probate is not filed as authorized by Chapter 504, the court clerk shall record the will and the evidence of the will's probate or other establishment in the judge's probate docket.
(c) A court order is not necessary for the recording of a foreign will in accordance with this section.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 8.019, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle K - Foreign Wills, Other Testamentary Instruments, and Fiduciaries
Chapter 501 - Ancillary Probate of Foreign Will
Section 501.001. Authority for Ancillary Probate of Foreign Will
Section 501.002. Application for Ancillary Probate of Foreign Will
Section 501.003. Citation and Notice
Section 501.004. Recording by Clerk
Section 501.005. Effect of Filing and Recording Foreign Will
Section 501.006. Ancillary Letters Testamentary