Tex. Est. Code § 256.053 · Subchapter B. APPLICATION REQUIREMENTS
FILING OF WILL WITH APPLICATION FOR PROBATE GENERALLY REQUIRED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An applicant for the probate of a will shall file the will with the application if the will is in the applicant's control.
(b) A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody:
(1) by a court order under Section 256.202; or
(2) by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.
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 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 23, eff. January 1, 2014.
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 24, eff. January 1, 2014.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 13, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm
- Text hash
- sha256 c2ac3df7c952bbfc9040733d0a131eb5a18b5783eece837221f6bce6f633c450
- 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
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