Tex. Est. Code § 256.101 · Subchapter C. PROCEDURES FOR SECOND APPLICATION
PROCEDURE ON FILING OF SECOND APPLICATION WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) If, after an application for the probate of a decedent's will or the appointment of a personal representative for the decedent's estate has been filed but before the application is heard, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall:
(1) hear both applications together; and
(2) determine:
(A) if both applications are for the probate of a will, which will should be admitted to probate, if either, or whether the decedent died intestate; or
(B) if only one application is for the probate of a will, whether the will should be admitted to probate or whether the decedent died intestate.
(b) The court may not sever or bifurcate the proceeding on the applications described in Subsection (a).
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. 1338 (S.B. 1198), Sec. 2.31, eff. January 1, 2014.
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 b75f0fe3df6e4c9d16538c9336d9f898923309407db4b173bea401dcb64c824c
- 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
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.