Tex. Est. Code § 202.151 · Subchapter D. EVIDENCE RELATING TO DETERMINATION OF HEIRSHIP
EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The court may require that any testimony admitted as evidence in a proceeding to declare heirship be reduced to writing and subscribed and sworn to by the witnesses, respectively.
(b) Except as provided by Subsection (c), in a proceeding to declare heirship, testimony regarding a decedent's heirs and family history must be taken:
(1) from two disinterested and credible witnesses in open court;
(2) by deposition in accordance with Section 51.203;
(3) by a recorded statement of facts contained in:
(A) an affidavit or instrument that satisfies the requirements of Section 203.001; or
(B) a judgment of a court of record as specified by Section 203.001(a)(1)(B); or
(4) in accordance with the Texas Rules of Civil Procedure.
(c) If it is shown to the court's satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken:
(1) in open court;
(2) by deposition in accordance with Section 51.203;
(3) by a recorded statement of facts contained in:
(A) an affidavit or instrument that satisfies the requirements of Section 203.001; or
(B) a judgment of a court of record as specified by Section 203.001(a)(1)(B); or
(4) in accordance with the Texas Rules of Civil Procedure.
(d) Notwithstanding any other law, a person interested in an estate solely because the person is a creditor or has a claim against the estate may serve as a witness under this section if the person is otherwise a credible witness.
Notes and commentary — not statutory text
History
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. 8.008, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 18, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 6, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 15, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.202.htm
- Text hash
- sha256 8164f638da62a0e6aa7b9c4a6677a1a43320fd4ab1932456943cc71fadeffefe
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.