Texas Estates Code

§ 256.102 — PROCEDURE ON FILING OF SECOND APPLICATION FOR PROBATE AFTER FIRST WILL HAS BEEN ADMITTED

ES § 256.102Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part F. WILLS · Ch. 256. PROBATE OF WILLS GENERALLY · Art. C. PROCEDURES FOR SECOND APPLICATION

Statute text

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If, after a decedent's will has been admitted to probate, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall determine:

(1)whether the former probate should be set aside; and

(2)if the former probate is to be set aside, whether:

(A)the other will should be admitted to probate; or

(B)the decedent died intestate.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.