CHAPTER IV. EXECUTION AND REVOCATION OF WILLS

Statutes > Texas Statutes > PROBATE CODE > CHAPTER IV. EXECUTION AND REVOCATION OF WILLS

PROBATE CODE

Text of article effective until January 01, 2014

Sec. 57. WHO MAY EXECUTE A WILL. Every person who has attained

the age of eighteen years, or who is or has been lawfully

married, or who is a member of the armed forces of the United

States or of the auxiliaries thereof or of the maritime service

at the time the will is made, being of sound mind, shall have the

right and power to make a last will and testament, under the

rules and limitations prescribed by law.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1967, 60th Leg., p. 801, ch. 334, Sec. 1, eff. Aug. 28,

1967.

Text of article effective until January 01, 2014

Sec. 58. INTERESTS WHICH MAY PASS UNDER A WILL. (a) Every person

competent to make a last will and testament may thereby devise

and bequeath all the estate, right, title, and interest in

property the person has at the time of the person's death,

subject to the limitations prescribed by law.

(b) A person who makes a last will and testament may:

(1) disinherit an heir; and

(2) direct the disposition of property or an interest passing

under the will or by intestacy.

of the property unless the will directs that the contents are

included in the legacy. A devise of real property does not

include any personal property located on or associated with the

real property or any contents of personal property located on the

real property unless the will directs that the personal property

or contents are included in the devise.

(d) In this section:

(1) "Contents" means tangible personal property, other than

titled personal property, found inside of or on a specifically

bequeathed or devised item. The term includes clothing, pictures,

furniture, coin collections, and other items of tangible personal

property that do not require a formal transfer of title and that

are located in another item of tangible personal property such as

a cedar chest or other furniture.

(2) "Titled personal property" includes all tangible personal

property represented by a certificate of title, certificate of

ownership, written label, marking, or designation that signifies

ownership by a person. The term includes a motor vehicle, motor

home, motorboat, or other similar property that requires a formal

transfer of title.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 895, Sec. 6, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 846, Sec. 6, eff. Sept. 1, 1993; Acts

1995, 74th Leg., ch. 642, Sec. 1, eff. Sept. 1, 1995.

Text of article effective until January 01, 2014

Sec. 58a. DEVISES OR BEQUESTS TO TRUSTEES. (a) A testator may

validly devise or bequeath property in a will to the trustee of a

trust established or to be established:

(1) during the testator's lifetime by the testator, by the

testator and another person, or by another person, including a

funded or unfunded life insurance trust, in which the settlor has

reserved any or all rights of ownership of the insurance

contracts; or

(2) at the testator's death by the testator's devise or bequest

to the trustee, if the trust is identified in the testator's will

and its terms are in a written instrument, other than a will,

that is executed before, with, or after the execution of the

testator's will or in another person's will if that other person

has predeceased the testator, regardless of the existence, size,

or character of the corpus of the trust.

(b) A devise or bequest is not invalid because the trust is

amendable or revocable or because the trust was amended after the

execution of the will or the testator's death.

devised or bequeathed to a trust described by Subsection (a) of

this section is not held under a testamentary trust of the

testator. The property becomes a part of the trust to which it is

devised or bequeathed and must be administered and disposed of in

accordance with the provisions of the instrument establishing the

trust, including any amendments to the instrument made before or

after the testator's death.

(d) Unless the testator's will provides otherwise, a revocation

or termination of the trust before the testator's death causes

the devise or bequest to lapse.

Added by Acts 1961, 57th Leg., p. 43, ch. 29, Sec. 1. Amended by

Acts 1993, 73rd Leg., ch. 846, Sec. 7, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 58b. DEVISES AND BEQUESTS THAT ARE VOID. (a) A devise or

bequest of property in a will is void if the devise or bequest is

made to:

(1) an attorney who prepares or supervises the preparation of

the will;

(2) a parent, descendant of a parent, or employee of the

attorney described by Subdivision (1) of this subsection; or

(3) a spouse of an individual described by Subdivision (1) or

(2) of this subsection.

(b) This section does not apply to:

(1) a devise or bequest made to a person who:

(A) is the testator's spouse;

(B) is an ascendant or descendant of the testator; or

affinity to the testator; or

(2) a bona fide purchaser for value from a devisee in a will.

Added by Acts 1997, 75th Leg., ch. 1054, Sec. 1, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 527, Sec. 1, eff. June

11, 2001.

Amended by:

Acts 2005, 79th Leg., Ch.

551, Sec. 2, eff. September 1, 2005.

Text of article effective until January 01, 2014

Sec. 58c. EXERCISE OF POWER OF APPOINTMENT. A testator may not

exercise a power of appointment through a residuary clause in the

testator's will or through a will providing for general

disposition of all the testator's property unless:

(1) the testator makes a specific reference to the power in the

will; or

(2) there is some other indication in writing that the testator

intended to include the property subject to the power in the

will.

Added by Acts 2003, 78th Leg., ch. 1060, Sec. 8, eff. Sept. 1,

2003.

Text of article effective until January 01, 2014

Sec. 59. REQUISITES OF A WILL. (a) Every last will and

testament, except where otherwise provided by law, shall be in

writing and signed by the testator in person or by another person

for him by his direction and in his presence, and shall, if not

wholly in the handwriting of the testator, be attested by two or

more credible witnesses above the age of fourteen years who shall

subscribe their names thereto in their own handwriting in the

presence of the testator. Such a will or testament may, at the

time of its execution or at any subsequent date during the

lifetime of the testator and the witnesses, be made self-proved,

and the testimony of the witnesses in the probate thereof may be

made unnecessary, by the affidavits of the testator and the

attesting witnesses, made before an officer authorized to

administer oaths under the laws of this State. Provided that

nothing shall require an affidavit or certificate of any testator

or testatrix as a prerequisite to self-proof of a will or

testament other than the certificate set out below. The

affidavits shall be evidenced by a certificate, with official

seal affixed, of such officer attached or annexed to such will or

testament in form and contents substantially as follows:

THE STATE OF TEXAS

COUNTY OF ________________

Before me, the undersigned authority, on this day personally

appeared _______________, _______________, and _______________,

known to me to be the testator and the witnesses, respectively,

whose names are subscribed to the annexed or foregoing instrument

in their respective capacities, and, all of said persons being by

me duly sworn, the said _______________, testator, declared to me

and to the said witnesses in my presence that said instrument is

his last will and testament, and that he had willingly made and

executed it as his free act and deed; and the said witnesses,

each on his oath stated to me, in the presence and hearing of the

said testator, that the said testator had declared to them that

said instrument is his last will and testament, and that he

executed same as such and wanted each of them to sign it as a

witness; and upon their oaths each witness stated further that

they did sign the same as witnesses in the presence of the said

testator and at his request; that he was at that time eighteen

years of age or over (or being under such age, was or had been

lawfully married, or was then a member of the armed forces of the

United States or of an auxiliary thereof or of the Maritime

Service) and was of sound mind; and that each of said witnesses

was then at least fourteen years of age.

___________________________

Testator

___________________________

Witness

___________________________

Witness

Subscribed and sworn to before me by the said ____________,

testator, and by the said ________________ and _______________,

witnesses, this ______ day of________________ A.D.

________________.

(SEAL)

(Signed)____________________________

(Official Capacity of Officer)

(b) An affidavit in form and content substantially as provided by

Subsection (a) of this section is a "self-proving affidavit." A

will with a self-proving affidavit subscribed and sworn to by the

testator and witnesses attached or annexed to the will is a

"self-proved will." Substantial compliance with the form of such

affidavit shall suffice to cause the will to be self-proved. For

this purpose, an affidavit that is subscribed and acknowledged by

the testator and subscribed and sworn to by the witnesses would

suffice as being in substantial compliance. A signature on a

self-proving affidavit is considered a signature to the will if

necessary to prove that the will was signed by the testator or

witnesses, or both, but in that case, the will may not be

considered a self-proved will.

testimony of any subscribing witness, but otherwise it shall be

treated no differently than a will not self-proved. In particular

and without limiting the generality of the foregoing, a

self-proved will may be contested, or revoked or amended by a

codicil in exactly the same fashion as a will not self-proved.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1961, 57th Leg., p. 936, ch. 412, Sec. 1, eff. June 17,

1961; Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 5, eff. June

12, 1969; Acts 1971, 62nd Leg., p. 974, ch. 173, Sec. 5, eff.

Jan. 1, 1972; Acts 1991, 72nd Leg., ch. 895, Sec. 7, eff. Sept.

1, 1991.

Text of article effective until January 01, 2014

Sec. 59A. CONTRACTS CONCERNING SUCCESSION. (a) A contract to

make a will or devise, or not to revoke a will or devise, if

executed or entered into on or after September 1, 1979, can be

established only by:

(1) provisions of a written agreement that is binding and

enforceable; or

(2) provisions of a will stating that a contract does exist and

stating the material provisions of the contract.

(b) The execution of a joint will or reciprocal wills does not by

itself suffice as evidence of the existence of a contract.

Added by Acts 1979, 66th Leg., p. 1746, ch. 713, Sec. 10, eff.

Aug. 27, 1979.

Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1060, Sec. 9,

eff. Sept. 1, 2003.

Text of article effective until January 01, 2014

Sec. 60. EXCEPTION PERTAINING TO HOLOGRAPHIC WILLS. Where the

will is written wholly in the handwriting of the testator, the

attestation of the subscribing witnesses may be dispensed with.

Such a will may be made self-proved at any time during the

testator's lifetime by the attachment or annexation thereto of an

affidavit by the testator to the effect that the instrument is

his last will; that he was at least eighteen years of age when he

executed it (or, if under such age, was or had been lawfully

married, or was then a member of the armed forces of the United

States or of an auxiliary thereof or of the Maritime Service);

that he was of sound mind; and that he has not revoked such

instrument.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 6, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 61. BEQUEST TO WITNESS. Should any person be a subscribing

witness to a will, and also be a legatee or devisee therein, if

the will cannot be otherwise established, such bequest shall be

void, and such witness shall be allowed and compelled to appear

and give his testimony in like manner as if no such bequest had

been made. But, if in such case the witness would have been

entitled to a share of the estate of the testator had there been

no will, he shall be entitled to as much of such share as shall

not exceed the value of the bequest to him in the will.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 62. CORROBORATION OF TESTIMONY OF INTERESTED WITNESS. In

the situation covered by the preceding Section, the bequest to

the subscribing witness shall not be void if his testimony

proving the will is corroborated by one or more disinterested and

credible persons who testify that the testimony of the

subscribing witness is true and correct, and such subscribing

witness shall not be regarded as an incompetent or non-credible

witness under Section 59 of this Code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 63. REVOCATION OF WILLS. No will in writing, and no clause

thereof or devise therein, shall be revoked, except by a

subsequent will, codicil, or declaration in writing, executed

with like formalities, or by the testator destroying or canceling

the same, or causing it to be done in his presence.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Sec. 64. FORFEITURE CLAUSE. A provision in a will that would

cause a forfeiture of a devise or void a devise or provision in

favor of a person for bringing any court action, including

contesting a will, is unenforceable if:

(1) probable cause exists for bringing the action; and

(2) the action was brought and maintained in good faith.

Added by Acts 2009, 81st Leg., R.S., Ch.

414, Sec. 1, eff. June 19, 2009.

Text of article effective until January 01, 2014

Sec. 67. PRETERMITTED CHILD. (a) Whenever a pretermitted child

is not mentioned in the testator's will, provided for in the

testator's will, or otherwise provided for by the testator, the

pretermitted child shall succeed to a portion of the testator's

estate as provided by Subsection (a)(1) or (a)(2) of this

section.

(1) If the testator has one or more children living when he

executes his last will, and:

(A) No provision is made therein for any such child, a

pretermitted child succeeds to the portion of the testator's

separate and community estate to which the pretermitted child

would have been entitled pursuant to Section 38(a) of this code

had the testator died intestate without a surviving spouse owning

only that portion of his estate not devised or bequeathed to the

parent of the pretermitted child.

(B) Provision, whether vested or contingent, is made therein for

one or more of such children, a pretermitted child is entitled to

share in the testator's estate as follows:

(i) The portion of the testator's estate to which the

pretermitted child is entitled is limited to the disposition made

to children under the will.

(ii) The pretermitted child shall receive such share of the

testator's estate, as limited in Subparagraph (i), as he would

have received had the testator included all pretermitted children

with the children upon whom benefits were conferred under the

will, and given an equal share of such benefits to each such

child.

(iii) To the extent that it is feasible, the interest of the

pretermitted child in the testator's estate shall be of the same

character, whether an equitable or legal life estate or in fee,

as the interest that the testator conferred upon his children

under the will.

(2) If the testator has no child living when he executes his last

will, the pretermitted child succeeds to the portion of the

testator's separate and community estate to which the

pretermitted child would have been entitled pursuant to Section

38(a) of this code had the testator died intestate without a

surviving spouse owning only that portion of his estate not

devised or bequeathed to the parent of the pretermitted child.

(b) The pretermitted child may recover the share of the

testator's estate to which he is entitled either from the other

children under Subsection (a)(1)(B) or the testamentary

beneficiaries under Subsections (a)(1)(A) and (a)(2) other than

the parent of the pretermitted child, ratably, out of the

portions of such estate passing to such persons under the will.

In abating the interests of such beneficiaries, the character of

the testamentary plan adopted by the testator shall be preserved

to the maximum extent possible.

child of a testator who, during the lifetime of the testator, or

after his death, is born or adopted after the execution of the

will of the testator.

(d) For the purposes of this section, a child is provided for or

a provision is made for a child if a disposition of property to

or for the benefit of the pretermitted child, whether vested or

contingent, is made:

(1) in the testator's will, including a devise or bequest to a

trustee as authorized by Section 58(a) of this code; or

(2) outside the testator's will and is intended to take effect at

the testator's death.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1989, 71st Leg., ch. 1035, Sec. 5, eff. Sept. 1, 1989;

Acts 1991, 72nd Leg., ch. 895, Sec. 8, eff. Sept. 1, 1991; Acts

1993, 73rd Leg., ch. 846, Sec. 8, eff. Sept. 1, 1993.

Subsec. (a) amended by Acts 2003, 78th Leg., ch. 1060, Sec. 10,

eff. Sept. 1, 2003.

Text of article effective until January 01, 2014

Sec. 68. PRIOR DEATH OF LEGATEE. (a) If a devisee who is a

descendant of the testator or a descendant of a testator's parent

is deceased at the time of the execution of the will, fails to

survive the testator, or is treated as if the devisee predeceased

the testator by Section 47 of this code or otherwise, the

descendants of the devisee who survived the testator by 120 hours

take the devised property in place of the devisee. The property

shall be divided into as many shares as there are surviving

descendants in the nearest degree of kinship to the devisee and

deceased persons in the same degree whose descendants survived

the testator. Each surviving descendant in the nearest degree

receives one share, and the share of each deceased person in the

same degree is divided among his descendants by representation.

For purposes of this section, a person who would have been a

devisee under a class gift if the person had survived the

testator is treated as a devisee unless the person died before

the date the will was executed.

(b) Except as provided by Subsection (a) of this section, if a

devise or bequest, other than a residuary devise or bequest,

fails for any reason, the devise or bequest becomes a part of the

residuary estate.

residuary estate is devised to two or more persons and the share

of one of the residuary devisees fails for any reason, the

residuary devisee's share passes to the other residuary devisees,

in proportion to the residuary devisee's interest in the

residuary estate.

(d) Except as provided by Subsection (a) of this section, if all

residuary devisees are dead at the time of the execution of the

will, fail to survive the testator, or are treated as if they

predeceased the testator, the residuary estate passes as if the

testator had died intestate.

(e) This section applies unless the testator's last will and

testament provides otherwise. For example, a devise or bequest in

the testator's will such as "to my surviving children" or "to

such of my children as shall survive me" prevents the application

of Subsection (a) of this section.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1991, 72nd Leg., ch. 895, Sec. 9, eff. Sept. 1, 1991;

Acts 1993, 73rd Leg., ch. 846, Sec. 9, eff. Sept. 1, 1993.

Text of article effective until January 01, 2014

Sec. 69. WILL PROVISIONS MADE BEFORE DISSOLUTION OF MARRIAGE.

(a) In this section, "relative" means an individual who is

related to another individual by consanguinity or affinity, as

determined under Sections 573.022 and 573.024, Government Code,

respectively.

(b) If, after making a will, the testator's marriage is

dissolved, whether by divorce, annulment, or a declaration that

the marriage is void, all provisions in the will, including all

fiduciary appointments, shall be read as if the former spouse and

each relative of the former spouse who is not a relative of the

testator failed to survive the testator, unless the will

expressly provides otherwise.

whether by divorce, annulment, or a declaration that the marriage

is void, is not a surviving spouse unless, by virtue of a

subsequent marriage, the person is married to the decedent at the

time of death and the subsequent marriage is not declared void

under Section 47A of this code.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1746, ch. 713, Sec. 12, eff. Aug. 27,

1979; Acts 1995, 74th Leg., ch. 642, Sec. 2, eff. Sept. 1, 1995;

Acts 1997, 75th Leg., ch. 1302, Sec. 5, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1170, Sec. 4.02, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 69A. CHANGING WILLS. (a) A court may not prohibit a person

from executing a new will or a codicil to an existing will.

(b) Notwithstanding Section 3(g) of this code, in this section,

"court" means a constitutional county court, district court, or

statutory county court, including a statutory probate court.

Added by Acts 1993, 73rd Leg., ch. 120, Sec. 1, eff. Sept. 1,

1993.

Text of article effective until January 01, 2014

Sec. 70. PROVISION IN WILL FOR MANAGEMENT OF SEPARATE PROPERTY.

The husband or wife may, by last will and testament, give to the

survivor of the marriage the power to keep testator's separate

property together until each of the several distributees shall

become of lawful age, and to manage and control the same under

the provisions of law relating to community property, and subject

to such other restrictions as are imposed by such will; provided,

that any child or distributee entitled to any part of said

property shall, at any time upon becoming of age, be entitled to

receive his distributive portion of said estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 70A. INCREASE IN SECURITIES; ACCESSIONS. (a) Unless the

will clearly provides otherwise, a devise of securities that are

owned by the testator on the date of execution of the will

includes the following additional securities subsequently

acquired by the testator as a result of the testator's ownership

of the devised securities:

(1) securities of the same organization acquired because of

action initiated by the organization or any successor, related,

or acquiring organization, including stock splits, stock

dividends, and new issues of stock acquired in a reorganization,

redemption, or exchange, other than securities acquired through

the exercise of purchase options or through a plan of

reinvestment; and

(2) securities of another organization acquired as a result of a

merger, consolidation, reorganization, or other distribution by

the organization or any successor, related, or acquiring

organization, including stock splits, stock dividends, and new

issues of stock acquired in a reorganization, redemption, or

exchange, other than securities acquired through the exercise of

purchase options or through a plan of reinvestment.

(b) Unless the will clearly provides otherwise, a devise of

securities does not include a cash distribution relating to the

securities and accruing before death, whether or not the

distribution is paid before death.

(1) "Securities" has the meaning assigned by Section 4, The

Securities Act (Article 581-4, Vernon's Texas Civil Statutes),

and its subsequent amendments.

(2) "Stock" means securities.

Added by Acts 1993, 73rd Leg., ch. 846, Sec. 10, eff. Sept. 1,

1993.

Text of article effective until January 01, 2014

Sec. 71. DEPOSIT OF WILL WITH COURT DURING TESTATOR'S LIFETIME.

(a) Deposit of Will. A will may be deposited by the person

making it, or by another person for him, with the county clerk of

the county of the testator's residence. Before accepting any

will for deposit, the clerk may require such proof as shall be

satisfactory to him concerning the testator's identity and

residence. The clerk, on being paid a fee of Five Dollars

therefor, shall receive and keep the will, and shall give a

certificate of deposit for it. All wills so filed shall be

numbered by the clerk in consecutive order, and all certificates

of deposit shall bear like numbers respectively.

(b) How Will Shall Be Enclosed. Every will intended to be

deposited with a county clerk shall be enclosed in a sealed

wrapper, which shall have indorsed thereon "Will of," followed by

the name, address and signature of the testator. The wrapper must

also be indorsed with the name and current address of each person

who shall be notified of the deposit of the will after the death

of the testator.

shall keep an index of all wills so deposited with him.

(d) To Whom Will Shall Be Delivered. During the lifetime of the

testator, a will so deposited shall be delivered only to the

testator, or to another person authorized by him by a sworn

written order. Upon delivery of the will to the testator or to a

person so authorized by him, the certificate of deposit issued

for the will shall be surrendered by the person to whom delivery

of the will is made; provided, however, that in lieu of the

surrender of such certificate, the clerk may, in his discretion,

accept and file an affidavit by the testator to the effect that

the certificate of deposit has been lost, stolen, or destroyed.

(e) Proceedings Upon Death of Testator. If there shall be

submitted to the clerk an affidavit to the effect that the

testator of any will deposited with the clerk has died, or if the

clerk shall receive any other notice or proof of the death of

such testator which shall suffice to convince him that the

testator is deceased, the clerk shall notify by registered mail

with return receipt requested the person or persons named on the

indorsement of the wrapper of the will that the will is on

deposit in his office, and, upon request, he shall deliver the

will to such person or persons, taking a receipt therefor. If the

notice by registered mail is returned undelivered, or if a clerk

has accepted a will which does not specify on the wrapper the

person or persons to whom it shall be delivered, the clerk shall

open the wrapper and inspect the will. If an executor is named in

the will, he shall be notified by registered mail, with return

receipt requested, that the will is on deposit, and, upon

request, the clerk shall deliver the will to the person so named

as executor. If no executor is named in the will, or if the

person so named is deceased, or fails to take the will within

thirty days after the clerk's notice to him is mailed, or if

notice to the person so named is returned undelivered, the clerk

shall give notice by registered mail, with return receipt

requested, to the devisees and legatees named in the will that

the will is on deposit, and, upon request, the clerk shall

deliver the will to any or all of such devisees and legatees.

(f) Depositing Has No Legal Significance. These provisions for

the depositing of a will during the lifetime of a testator are

solely for the purpose of providing a safe and convenient

repository for such a will, and no will which has been so

deposited shall be treated for purposes of probate any

differently than any will which has not been so deposited. In

particular, and without limiting the generality of the foregoing,

a will which is not deposited shall be admitted to probate upon

proof that it is the last will and testament of the testator,

notwithstanding the fact that the same testator has on deposit

with the court a prior will which has been deposited in

accordance with the provisions of this Code.

(g) Depositing Does Not Constitute Notice. The fact that a will

has been deposited as provided herein shall not constitute notice

of any character, constructive or otherwise, to any person as to

the existence of such will or as to the contents thereof.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

275, Sec. 1, eff. June 15, 2007.

Text of article effective until January 01, 2014

Sec. 71A. NO RIGHT TO EXONERATION OF DEBTS; EXCEPTION. (a)

Except as provided by Subsection (b) of this section, a specific

devise passes to the devisee subject to each debt secured by the

property that exists on the date of the testator's death, and the

devisee has no right to exoneration from the testator's estate

for payment of the debt.

(b) A specific devise does not pass to the devisee subject to a

debt described by Subsection (a) of this section if the will in

which the devise is made specifically states that the devise

passes without being subject to the debt. A general provision in

the will stating that debts are to be paid is not a specific

statement for purposes of this subsection.

creditors provided under this code or the rights of other persons

or entities provided under Part 3, Chapter VIII, of this code.

If a creditor elects to have a debt described by Subsection (a)

of this section allowed and approved as a matured secured claim,

the claim shall be paid in accordance with Section 306(c-1) of

this code.

Added by Acts 2005, 79th Leg., Ch.

551, Sec. 3, eff. September 1, 2005.

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Texas Codes and Statutes

CHAPTER IV. EXECUTION AND REVOCATION OF WILLS