Tex. Est. Code § 301.151 · Subchapter D. REQUIRED PROOF FOR ISSUANCE OF LETTERS
GENERAL PROOF REQUIREMENTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
An applicant for the issuance of letters testamentary or of administration of an estate must prove to the court's satisfaction that:
(1) the person whose estate is the subject of the application is dead;
(2) except as provided by Sections 301.002(b)(1) and (2) with respect to administration necessary to receive or recover property or to prevent real property of the estate from becoming a danger, and Section 501.006 with respect to a foreign will, four years have not elapsed since the date of the decedent'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; and
(5) the person for whom letters testamentary or of administration are sought is entitled by law to the letters and is not disqualified.
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 2015, 84th Leg., R.S., Ch. 576 (H.B. 3160), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 30, eff. September 1, 2015.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 19, 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.301.htm
- Text hash
- sha256 ea34639040b0aa2241b82098b1ca566a310fd9366f7566e5e012e83d431f157d
- 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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