Tex. Est. Code § 258.051 · Subchapter B. NOTICES WITH RESPECT TO APPLICATION TO PROBATE WILL AFTER THE PERIOD FOR PROBATE
NOTICE TO HEIRS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (c), an applicant for the probate of a will under Section 256.003(a) must give notice by service of process to each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence.
(b) The notice required by Subsection (a) must:
(1) contain a statement that:
(A) the testator's property will pass to the testator's heirs if the will is not admitted to probate; and
(B) the person offering the testator's will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator's death; and
(2) be given before the probate of the testator's will.
(c) Notice otherwise required by Subsection (a) is not required to be given to an heir who has delivered to the court an affidavit signed by the heir that:
(1) contains the statement described by Subsection (b)(1); and
(2) states that the heir does not object to the offer of the testator's will for probate.
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.258.htm
- Text hash
- sha256 d2fb72d47a2199048a777c380d7d8b637ee7a8a5360fdb5cc715b1edbdd0718c
- 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
- Administrative Order Regarding Applications to Probate a Will More Than Four Years After the Testator's Death (Hunt County Court at Law No. 2; effective February 15, 2023)
- Local Rules of Court, Fort Bend County Courts at Law (approved and adopted January 1, 2018)
- Travis County Probate Court Administrative Order Regarding Applications to Probate a Will More Than Four Years After Death
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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.