Texas Estates Code
§ 504.004 — PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE
ES § 504.004Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part K. FOREIGN WILLS, OTHER TESTAMENTARY INSTRUMENTS, AND FIDUCIARIES · Ch. 504. CONTEST OF OR OTHER CHALLENGE TO FOREIGN TESTAMENTARY INSTRUMENT · Art. A. CONTEST OR SETTING ASIDE PROBATE OF FOREIGN WILL IN THIS STATE
Statute text
View on source(a)The probate in this state of a foreign will shall be set aside if:
(1)the will was probated in this state:
(A)in accordance with the procedure applicable to the probate of a will admitted to probate in the jurisdiction in which the testator was domiciled at the time of the testator's death; and
(B)without the service of citation required for a will admitted to probate in another jurisdiction that was not the testator's domicile at the time of the testator's death; and
(2)it is proved that the foreign jurisdiction in which the will was probated was not the testator's domicile at the time of the testator's death.
(b)If otherwise entitled, a will the probate of which is set aside in accordance with Subsection (a) may be:
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Legislative history
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.