Tex. Est. Code § 257.054 · Subchapter B. APPLICATION AND PROOF REQUIREMENTS
PROOF REQUIRED.
Text — Current through the 89th 2nd Called Legislative Session, 2025
An applicant for the probate of a will as a muniment of title must prove to the court's satisfaction that:
(1) the testator is dead;
(2) four years have not elapsed since the date of the testator's death and before the application;
(3) the court has jurisdiction and venue over the estate;
(4) citation has been served and returned in the manner and for the period required by this title;
(5) the testator's estate does not owe an unpaid debt, other than any debt secured by a lien on real estate, or that for another reason there is no necessity for administration of the estate;
(6) the testator did not revoke the will; and
(7) if the will is not self-proved in the manner provided by this title, the testator:
(A) executed the will with the formalities and solemnities and under the circumstances required by law to make the will valid; and
(B) at the time of executing the will was of sound mind and:
(i) was 18 years of age or older;
(ii) was or had been married; or
(iii) was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.
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. 844 (H.B. 2271), Sec. 25, 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.257.htm
- Text hash
- sha256 ce5c9e9c15038eebd952a9651217875bb78710788f28a4671005dcd20d879093
- 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.