Tex. Est. Code § 252.001 · Subchapter A. DEPOSIT OF WILL WITH COUNTY CLERK
WILL DEPOSIT; CERTIFICATE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A testator, or another person for the testator, may deposit the testator's will with the county clerk of the county of the testator's residence. Before accepting the will for deposit, the clerk may require proof satisfactory to the clerk concerning the testator's identity and residence.
(a-1) An attorney, business entity, or other person in possession of a testator's will may deposit the will with the county clerk of the county of the testator's last known residence if the attorney, business entity, or other person is unable to maintain custody of the will and, after a diligent search, the attorney, business entity, or other person is not able to contact or locate the testator. The attorney, business entity, or other person shall provide to the county clerk at the time the will is deposited:
(1) the name and last known address of the testator; and
(2) if the will names an executor, the name and last known address, if available, of each executor named in the will, including any alternate executors.
(b) The county clerk shall receive and keep a will deposited under this section on the payment of a $5 fee.
(c) On the deposit of the will, the county clerk shall issue a certificate of deposit for the will.
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 2017, 85th Leg., R.S., Ch. 701 (H.B. 2207), Sec. 1, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.252.htm
- Text hash
- sha256 f33832bdcac8e6ca9d7ae0eed780a00558cff426a99f8a07064f4acef400ed7d
- 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
Cited by 4 provisions
Provisions in this library whose text cites Tex. Est. Code § 252.001. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 252.002SEALED WRAPPER REQUIRED.Printed as Section 252.001 | Section 252.001(a)
- Tex. Est. Code § 252.003NUMBERING OF FILED WILLS AND CORRESPONDING CERTIFICATES.Printed as Section 252.001(c)
- Tex. Est. Code § 252.004INDEX.Printed as Section 252.001
- Tex. Est. Code § 252.201WILL DELIVERY.Printed as Section 252.001 | Section 252.001(b)
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.