Texas Estates Code

§ 256.053 — FILING OF WILL WITH APPLICATION FOR PROBATE GENERALLY REQUIRED

ES § 256.053Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part F. WILLS · Ch. 256. PROBATE OF WILLS GENERALLY · Art. B. APPLICATION REQUIREMENTS

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(a)An applicant for the probate of a will shall file the will with the application if the will is in the applicant's control.

(b)A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk's custody:

(1)by a court order under Section 256.202; or

(2)by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by:

Legislative history

Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 23, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 24, eff. January 1, 2014. Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 13, eff. September 1, 2019.