Tex. Est. Code § 257.101 · Subchapter C. ORDER ADMITTING WILL; REPORT
DECLARATORY JUDGMENT CONSTRUING WILL.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) On application and notice as provided by Chapter 37, Civil Practice and Remedies Code, the court may hear evidence and include in an order probating a will as a muniment of title a declaratory judgment:
(1) construing the will, if a question of construction of the will exists; or
(2) determining those persons who are entitled to receive property under the will and the persons' shares or interests in the estate, if a person who is entitled to property under the provisions of the will cannot be ascertained solely by reference to the will.
(b) A declaratory judgment under this section is conclusive in any suit between a person omitted from the judgment and a bona fide purchaser for value who purchased property after entry of the judgment without actual notice of the claim of the omitted person to an interest in the estate.
(c) A person who delivered the testator's property to a person declared to be entitled to the property under the declaratory judgment under this section or engaged in any other transaction with the person in good faith after entry of the judgment is not liable to any person for actions taken in reliance on the judgment.
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.
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 7e207b13dc65e2ca5cbedad1e440cc6b63fb440ba92f5508e5dc1f27950582bd
- 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
BenchPath cards that rely on this text
- Hunt County Court at Law No. 2 - Policies & Procedures (Judge Joel D. Littlefield; adopted 03-01-2022, amended 06-15-2023)
- Denton County Probate Courts — Positions and Policies for the Uncontested Docket, Decedent Died With a Will (prove-up checklist; application titles and required facts; return of posted citation before hearing; resident agent on file; declinations and proof for non-serving executors; consents and bond waivers; self-proved-will tests; order language; muniment, copy-of-will and after-four-years requirements)
- Denton County Probate Courts — Policies and Positions: Decedent Died With a Will (Testate Estates)
- Denton County Probate Courts — Policies and Positions: Decedent Died With a Will (Testate Estates)
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.
Civil Practice and Remedies Code
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.