Texas Estates Code
§ 256.153 — PROOF OF EXECUTION OF ATTESTED WILL
ES § 256.153Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part F. WILLS · Ch. 256. PROBATE OF WILLS GENERALLY · Art. D. REQUIRED PROOF FOR PROBATE OF WILL
Statute text
View on source(a)An attested will produced in court that is not self-proved as provided by this title may be proved in the manner provided by this section.
(b)A will described by Subsection (a) may be proved by the sworn testimony or affidavit of one or more of the subscribing witnesses to the will taken in open court.
(c)If all the witnesses to a will described by Subsection (a) are nonresidents of the county or the witnesses who are residents of the county are unable to attend court, the will may be proved:
(1)by the sworn testimony of one or more of the witnesses by written or oral deposition taken in accordance with Section 51.203 or the Texas Rules of Civil Procedure;
(2)if no opposition in writing to the will is filed on or before the date set for the hearing on the will, by the sworn testimony or affidavit of two witnesses taken in open court, or by deposition as provided by Subdivision (1), to the signature or the handwriting evidenced by the signature of:
(A)one or more of the attesting witnesses; or
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Legislative history
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 27, eff. January 1, 2014.