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Chapter 251 - Fundamental Requirements and Provisions Relating to Wills
Subchapter A. Will Formation
Section 251.001. Who May Execute Will - Sec. 251.001. WHO MAY EXECUTE WILL. Under the rules and...
Section 251.002. Interests That May Pass by Will; Disinheritance - Sec. 251.002. INTERESTS THAT MAY PASS BY WILL; DISINHERITANCE. (a)...
Subchapter B. Will Requirements
Section 251.051. Written, Signed, and Attested - Sec. 251.051. WRITTEN, SIGNED, AND ATTESTED. Except as otherwise provided...
Section 251.052. Exception for Holographic Wills - Sec. 251.052. EXCEPTION FOR HOLOGRAPHIC WILLS. Notwithstanding Section 251.051, a...
Section 251.053. Exception for Foreign and Certain Other Wills - Sec. 251.053. EXCEPTION FOR FOREIGN AND CERTAIN OTHER WILLS. Section...
Subchapter C. Self-Proved Wills
Section 251.101. Self-Proved Will - Sec. 251.101. SELF-PROVED WILL. A self-proved will is a will:...
Section 251.102. Probate and Treatment of Self-Proved Will - Sec. 251.102. PROBATE AND TREATMENT OF SELF-PROVED WILL. (a) A...
Section 251.103. Period for Making Attested Wills Self-Proved - Sec. 251.103. PERIOD FOR MAKING ATTESTED WILLS SELF-PROVED. A will...
Section 251.104. Requirements for Self-Proving Affidavit - Sec. 251.104. REQUIREMENTS FOR SELF-PROVING AFFIDAVIT. (a) An affidavit that...
Section 251.1045. Simultaneous Execution, Attestation, and Self-Proving - Sec. 251.1045. SIMULTANEOUS EXECUTION, ATTESTATION, AND SELF-PROVING. (a) As an...
Section 251.105. Effect of Signature on Self-Proving Affidavit - Sec. 251.105. EFFECT OF SIGNATURE ON SELF-PROVING AFFIDAVIT. A signature...
Section 251.107. Self-Proved Holographic Will - Sec. 251.107. SELF-PROVED HOLOGRAPHIC WILL. Notwithstanding any other provision of...
Chapter 252 - Safekeeping and Custody of Wills
Subchapter A. Deposit of Will With County Clerk
Section 252.001. Will Deposit; Certificate - Sec. 252.001. WILL DEPOSIT; CERTIFICATE. (a) A testator, or another...
Section 252.002. Sealed Wrapper Required - Sec. 252.002. SEALED WRAPPER REQUIRED. (a) A will intended to...
Section 252.003. Numbering of Filed Wills and Corresponding Certificates - Sec. 252.003. NUMBERING OF FILED WILLS AND CORRESPONDING CERTIFICATES. (a)...
Section 252.004. Index - Sec. 252.004. INDEX. A county clerk shall keep an index...
Subchapter B. Will Delivery During Life of Testator
Section 252.051. Will Delivery - Sec. 252.051. WILL DELIVERY. During the lifetime of the testator,...
Section 252.052. Surrender of Certificate of Deposit; Exception - Sec. 252.052. SURRENDER OF CERTIFICATE OF DEPOSIT; EXCEPTION. (a) Except...
Subchapter C. Actions by County Clerk on Death of Testator
Section 252.101. Notification by County Clerk - Sec. 252.101. NOTIFICATION BY COUNTY CLERK. A county clerk shall...
Section 252.102. Will Delivery on Testator's Death - Sec. 252.102. WILL DELIVERY ON TESTATOR'S DEATH. On the request...
Section 252.103. Inspection of Will by County Clerk - Sec. 252.103. INSPECTION OF WILL BY COUNTY CLERK. A county...
Section 252.104. Notice and Delivery of Will to Executor - Sec. 252.104. NOTICE AND DELIVERY OF WILL TO EXECUTOR. If...
Section 252.105. Notice and Delivery of Will to Devisees - Sec. 252.105. NOTICE AND DELIVERY OF WILL TO DEVISEES. (a)...
Subchapter D. Legal Effect of Will Deposit
Section 252.151. Deposit Has No Legal Significance - Sec. 252.151. DEPOSIT HAS NO LEGAL SIGNIFICANCE. The provisions of...
Section 252.152. Prior Deposited Will in Relation to Later Will - Sec. 252.152. PRIOR DEPOSITED WILL IN RELATION TO LATER WILL....
Section 252.153. Will Deposit Does Not Constitute Notice - Sec. 252.153. WILL DEPOSIT DOES NOT CONSTITUTE NOTICE. The deposit...
Subchapter E. Duty and Liability of Custodian of Estate Papers
Section 252.201. Will Delivery - Sec. 252.201. WILL DELIVERY. (a) On receiving notice of a...
Section 252.2015. Notice and Delivery of Will to Executor or Devisees - Sec. 252.2015. NOTICE AND DELIVERY OF WILL TO EXECUTOR OR...
Section 252.202. Personal Service on Custodian of Estate Papers - Sec. 252.202. PERSONAL SERVICE ON CUSTODIAN OF ESTATE PAPERS. On...
Section 252.203. Arrest; Confinement - Sec. 252.203. ARREST; CONFINEMENT. On the return of a citation...
Section 252.204. Damages - Sec. 252.204. DAMAGES. (a) A person who refuses to deliver...
Chapter 253 - Change and Revocation of Wills
Section 253.001. Court May Not Prohibit Changing or Revoking a Will - Sec. 253.001. COURT MAY NOT PROHIBIT CHANGING OR REVOKING A...
Section 253.002. Revocation of Will - Sec. 253.002. REVOCATION OF WILL. A written will, or a...
Chapter 254 - Certain Provisions In, and Contracts Relating To, Wills
Section 254.001. Devises to Trustees - Sec. 254.001. DEVISES TO TRUSTEES. (a) A testator may validly...
Section 254.002. Bequests to Certain Subscribing Witnesses - Sec. 254.002. BEQUESTS TO CERTAIN SUBSCRIBING WITNESSES. (a) Except as...
Section 254.003. Devises to Certain Attorneys and Other Persons - Sec. 254.003. DEVISES TO CERTAIN ATTORNEYS AND OTHER PERSONS. (a)...
Section 254.004. Contracts Concerning Wills or Devises; Joint or Reciprocal Wills - Sec. 254.004. CONTRACTS CONCERNING WILLS OR DEVISES; JOINT OR RECIPROCAL...
Section 254.005. Forfeiture Clause - Sec. 254.005. FORFEITURE CLAUSE. (a) A provision in a will...
Section 254.006. Designation of Administrator - Sec. 254.006. DESIGNATION OF ADMINISTRATOR. (a) A testator may grant...
Chapter 255 - Construction and Interpretation of Wills
Subchapter A. Certain Personal Property Excluded From Devise or Legacy
Section 255.001. Definitions - Sec. 255.001. DEFINITIONS. In this subchapter: (1) "Contents" means tangible...
Section 255.002. Certain Personal Property Excluded From Devise of Real Property - Sec. 255.002. CERTAIN PERSONAL PROPERTY EXCLUDED FROM DEVISE OF REAL...
Section 255.003. Contents Excluded From Legacy of Personal Property - Sec. 255.003. CONTENTS EXCLUDED FROM LEGACY OF PERSONAL PROPERTY. A...
Subchapter B. Succession by Pretermitted Child
Section 255.051. Definition - Sec. 255.051. DEFINITION. In this subchapter, "pretermitted child" means a...
Section 255.052. Applicability and Construction - Sec. 255.052. APPLICABILITY AND CONSTRUCTION. (a) Sections 255.053 and 255.054...
Section 255.053. Succession by Pretermitted Child if Testator Has Living Child at Will's Execution - Sec. 255.053. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS LIVING...
Section 255.054. Succession by Pretermitted Child if Testator Has No Living Child at Will's Execution - Sec. 255.054. SUCCESSION BY PRETERMITTED CHILD IF TESTATOR HAS NO...
Section 255.055. Ratable Recovery by Pretermitted Child From Portions Passing to Other Beneficiaries - Sec. 255.055. RATABLE RECOVERY BY PRETERMITTED CHILD FROM PORTIONS PASSING...
Section 255.056. Limitation on Reduction of Estate Passing to Surviving Spouse - Sec. 255.056. LIMITATION ON REDUCTION OF ESTATE PASSING TO SURVIVING...
Subchapter C. Lifetime Gifts as Satisfaction of Devise
Section 255.101. Certain Lifetime Gifts Considered Satisfaction of Devise - Sec. 255.101. CERTAIN LIFETIME GIFTS CONSIDERED SATISFACTION OF DEVISE. Property...
Section 255.102. Valuation of Property - Sec. 255.102. VALUATION OF PROPERTY. Property given in partial satisfaction...
Subchapter D. Failure of Devise; Disposition of Property to Devisee Who Predeceases Testator
Section 255.151. Applicability of Subchapter - Sec. 255.151. APPLICABILITY OF SUBCHAPTER. This subchapter applies unless the...
Section 255.152. Failure of Devise; Effect on Residuary Estate - Sec. 255.152. FAILURE OF DEVISE; EFFECT ON RESIDUARY ESTATE. (a)...
Section 255.153. Disposition of Property to Certain Devisees Who Predecease Testator - Sec. 255.153. DISPOSITION OF PROPERTY TO CERTAIN DEVISEES WHO PREDECEASE...
Section 255.154. Devisee Under Class Gift - Sec. 255.154. DEVISEE UNDER CLASS GIFT. For purposes of this...
Subchapter F. Devise of Securities
Section 255.251. Definitions - Sec. 255.251. DEFINITIONS. In this subchapter: (1) "Securities" has the...
Section 255.252. Increase in Securities; Accessions - Sec. 255.252. INCREASE IN SECURITIES; ACCESSIONS. Unless the will of...
Section 255.253. Cash Distribution Not Included in Devise - Sec. 255.253. CASH DISTRIBUTION NOT INCLUDED IN DEVISE. Unless the...
Subchapter G. Exoneration of Debts Secured by Specific Devises
Section 255.301. No Right to Exoneration of Debts - Sec. 255.301. NO RIGHT TO EXONERATION OF DEBTS. Except as...
Section 255.302. Exception - Sec. 255.302. EXCEPTION. A specific devise does not pass to...
Section 255.303. Rights of Certain Creditors and Other Persons - Sec. 255.303. RIGHTS OF CERTAIN CREDITORS AND OTHER PERSONS. (a)...
Section 255.304. Applicability of Subchapter - Sec. 255.304. APPLICABILITY OF SUBCHAPTER. This subchapter is applicable only...
Subchapter H. Exercise of Power of Appointment Through Will
Section 255.351. Exercise of Power of Appointment Through Will - Sec. 255.351. EXERCISE OF POWER OF APPOINTMENT THROUGH WILL. A...
Subchapter I. Class Gifts
Section 255.401. Posthumous Class Gift Membership - Sec. 255.401. POSTHUMOUS CLASS GIFT MEMBERSHIP. (a) A right to...
Subchapter J. Judicial Modification or Reformation
Section 255.451. Circumstances Under Which Will May Be Modified or Reformed - Sec. 255.451. CIRCUMSTANCES UNDER WHICH WILL MAY BE MODIFIED OR...
Section 255.452. Judicial Discretion - Sec. 255.452. JUDICIAL DISCRETION. The court shall exercise the court's...
Section 255.453. Retroactive Effect - Sec. 255.453. RETROACTIVE EFFECT. The court may direct that an...
Section 255.454. Powers Cumulative - Sec. 255.454. POWERS CUMULATIVE. This subchapter does not limit a...
Section 255.455. Duties and Liability of Personal Representative Under Subchapter - Sec. 255.455. DUTIES AND LIABILITY OF PERSONAL REPRESENTATIVE UNDER SUBCHAPTER....
Section 255.456. Jurisdiction and Transfer of Proceeding - Sec. 255.456. JURISDICTION AND TRANSFER OF PROCEEDING. (a) To the...
Chapter 256 - Probate of Wills Generally
Subchapter A. Effectiveness of Will; Period for Probate
Section 256.001. Will Not Effective Until Probated - Sec. 256.001. WILL NOT EFFECTIVE UNTIL PROBATED. Except as provided...
Section 256.002. Probate Before Death Void - Sec. 256.002. PROBATE BEFORE DEATH VOID. The probate of a...
Section 256.003. Period for Admitting Will to Probate; Protection for Certain Purchasers - Sec. 256.003. PERIOD FOR ADMITTING WILL TO PROBATE; PROTECTION FOR...
Subchapter B. Application Requirements
Section 256.051. Eligible Applicants for Probate of Will - Sec. 256.051. ELIGIBLE APPLICANTS FOR PROBATE OF WILL. (a) An...
Section 256.052. Contents of Application for Probate of Will - Sec. 256.052. CONTENTS OF APPLICATION FOR PROBATE OF WILL. (a)...
Section 256.053. Filing of Will With Application for Probate Generally Required - Sec. 256.053. FILING OF WILL WITH APPLICATION FOR PROBATE GENERALLY...
Section 256.054. Additional Application Requirements When No Will Is Produced - Sec. 256.054. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO WILL IS PRODUCED....
Subchapter C. Procedures for Second Application
Section 256.101. Procedure on Filing of Second Application When Original Application Has Not Been Heard - Sec. 256.101. PROCEDURE ON FILING OF SECOND APPLICATION WHEN ORIGINAL...
Section 256.102. Procedure on Filing of Second Application for Probate After First Will Has Been Admitted - Sec. 256.102. PROCEDURE ON FILING OF SECOND APPLICATION FOR PROBATE...
Section 256.103. Procedure When Application for Probate Is Filed After Letters of Administration Have Been Granted - Sec. 256.103. PROCEDURE WHEN APPLICATION FOR PROBATE IS FILED AFTER...
Subchapter D. Required Proof for Probate of Will
Section 256.151. General Proof Requirements - Sec. 256.151. GENERAL PROOF REQUIREMENTS. An applicant for the probate...
Section 256.152. Additional Proof Required for Probate of Will - Sec. 256.152. ADDITIONAL PROOF REQUIRED FOR PROBATE OF WILL. (a)...
Section 256.153. Proof of Execution of Attested Will - Sec. 256.153. PROOF OF EXECUTION OF ATTESTED WILL. (a) An...
Section 256.154. Proof of Execution of Holographic Will - Sec. 256.154. PROOF OF EXECUTION OF HOLOGRAPHIC WILL. (a) A...
Section 256.155. Procedures for Depositions When No Contest Is Filed - Sec. 256.155. PROCEDURES FOR DEPOSITIONS WHEN NO CONTEST IS FILED....
Section 256.156. Proof of Will Not Produced in Court - Sec. 256.156. PROOF OF WILL NOT PRODUCED IN COURT. (a)...
Section 256.157. Testimony Regarding Probate to Be Committed to Writing - Sec. 256.157. TESTIMONY REGARDING PROBATE TO BE COMMITTED TO WRITING....
Subchapter E. Admission of Will To, and Procedures Following, Probate
Section 256.201. Admission of Will to Probate - Sec. 256.201. ADMISSION OF WILL TO PROBATE. If the court...
Section 256.202. Custody of Probated Will - Sec. 256.202. CUSTODY OF PROBATED WILL. An original will and...
Section 256.203. Establishing Contents of Will Not in Court's Custody - Sec. 256.203. ESTABLISHING CONTENTS OF WILL NOT IN COURT'S CUSTODY....
Section 256.204. Period for Contest - Sec. 256.204. PERIOD FOR CONTEST. (a) After a will is...
Chapter 257 - Probate of Will as Muniment of Title
Subchapter A. Authorization
Section 257.001. Probate of Will as Muniment of Title Authorized - Sec. 257.001. PROBATE OF WILL AS MUNIMENT OF TITLE AUTHORIZED....
Subchapter B. Application and Proof Requirements
Section 257.051. Contents of Application Generally - Sec. 257.051. CONTENTS OF APPLICATION GENERALLY. (a) An application for...
Section 257.052. Filing of Will With Application Generally Required - Sec. 257.052. FILING OF WILL WITH APPLICATION GENERALLY REQUIRED. (a)...
Section 257.053. Additional Application Requirements When No Will Is Produced - Sec. 257.053. ADDITIONAL APPLICATION REQUIREMENTS WHEN NO WILL IS PRODUCED....
Section 257.054. Proof Required - Sec. 257.054. PROOF REQUIRED. An applicant for the probate of...
Subchapter C. Order Admitting Will; Report
Section 257.101. Declaratory Judgment Construing Will - Sec. 257.101. DECLARATORY JUDGMENT CONSTRUING WILL. (a) On application and...
Section 257.102. Authority of Certain Persons Acting in Accordance With Order - Sec. 257.102. AUTHORITY OF CERTAIN PERSONS ACTING IN ACCORDANCE WITH...
Section 257.103. Report by Applicant After Probate - Sec. 257.103. REPORT BY APPLICANT AFTER PROBATE. (a) Except as...
Subchapter D. Subsequent Estate Administration
Section 257.151. Appointment of Personal Representative and Opening of Administration After Will Admitted to Probate as Muniment of Title - Sec. 257.151. APPOINTMENT OF PERSONAL REPRESENTATIVE AND OPENING OF ADMINISTRATION...
Section 257.152. Computation of Certain Periods - Sec. 257.152. COMPUTATION OF CERTAIN PERIODS. If a personal representative...
Chapter 258 - Citations and Notices Relating to Probate of Will
Subchapter A. Citations With Respect to Applications for Probate of Will
Section 258.001. Citation on Application for Probate of Will Produced in Court - Sec. 258.001. CITATION ON APPLICATION FOR PROBATE OF WILL PRODUCED...
Section 258.002. Citation on Application for Probate of Will Not Produced in Court - Sec. 258.002. CITATION ON APPLICATION FOR PROBATE OF WILL NOT...
Section 258.003. Court Action Prohibited Before Service of Citation - Sec. 258.003. COURT ACTION PROHIBITED BEFORE SERVICE OF CITATION. A...
Subchapter B. Notices With Respect to Application to Probate Will After the Period for Probate
Section 258.051. Notice to Heirs - Sec. 258.051. NOTICE TO HEIRS. (a) Except as provided by...
Section 258.052. Appointment of Attorney Ad Litem - Sec. 258.052. APPOINTMENT OF ATTORNEY AD LITEM. If an applicant...
Section 258.053. Previously Probated Will - Sec. 258.053. PREVIOUSLY PROBATED WILL. With respect to an application...
Subchapter C. Service by Publication or Other Substituted Service
Section 258.101. Service by Publication or Other Substituted Service - Sec. 258.101. SERVICE BY PUBLICATION OR OTHER SUBSTITUTED SERVICE. Notwithstanding...