CHAPTER V. PROBATE AND GRANT OF ADMINISTRATION
PROBATE CODE
CHAPTER V. PROBATE AND GRANT OF ADMINISTRATION
PART 1. ESTATES OF DECEDENTS
Text of article effective until January 01, 2014
Sec. 72. PROCEEDINGS BEFORE DEATH; ADMINISTRATION IN ABSENCE OF
DIRECT EVIDENCE OF DEATH; DISTRIBUTION; LIMITATION OF LIABILITY;
RESTORATION OF ESTATE; VALIDATION OF PROCEEDINGS. (a) The
probate of a will or administration of an estate of a living
person shall be void; provided, however, that the court shall
have jurisdiction to determine the fact, time and place of death,
and where application is made for the grant of letters
testamentary or of administration upon the estate of a person
believed to be dead and there is no direct evidence that such
person is dead but the death of such person shall be proved by
circumstantial evidence to the satisfaction of the court, such
letters shall be granted. Distribution of the estate to the
persons entitled thereto shall not be made by the personal
representative until after the expiration of three (3) years from
the date such letters are granted. If in a subsequent action such
person shall be proved by direct evidence to have been living at
any time subsequent to the date of grant of such letters, neither
the personal representative nor anyone who shall deliver said
estate or any part thereof to another under orders of the court
shall be liable therefor; and provided further, that such person
shall be entitled to restoration of said estate or the residue
thereof with the rents and profits therefrom, except real or
personal property sold by the personal representative or any
distributee, his successors or assigns, to bona fide purchasers
for value, in which case the right of such person to the
restoration shall be limited to the proceeds of such sale or the
residue thereof with the increase thereof. In no event shall the
bonds of such personal representative be void provided, however,
that the surety shall have no liability for any acts of the
personal representative which were done in compliance with or
approved by an order of the court. Probate proceedings upon
estates of persons believed to be dead brought prior to the
effective date of this Act and all such probate proceedings then
pending, except such probate proceedings contested in any
litigation pending on the effective date of this Act, are hereby
validated insofar as the court's finding of death of such person
is concerned.
(b) In any case in which the fact of death must be proved by
circumstantial evidence, the court, at the request of any
interested person, may direct that citation be issued to the
person supposed to be dead, and served upon him by publication
and by posting, and by such additional means as the court may by
its order direct. After letters testamentary or of administration
have been issued, the court may also direct the personal
representative to make a search for the person supposed to be
dead by notifying law enforcement agencies and public welfare
agencies in appropriate locations that such person has
disappeared, and may further direct that the applicant engage the
services of an investigative agency to make a search for such
person. The expenses of search and notices shall be taxed as
costs and shall be paid out of the property of the estate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1959, 56th Leg., p. 950, ch. 442, Sec. 1, eff. May 30,
1959; Acts 1971, 62nd Leg., p. 975, ch. 173, Sec. 7, eff. Jan. 1,
1972.
Text of article effective until January 01, 2014
Sec. 73. PERIOD FOR PROBATE. (a) No will shall be admitted to
probate after the lapse of four years from the death of the
testator unless it be shown by proof that the party applying for
such probate was not in default in failing to present the same
for probate within the four years aforesaid; and in no case shall
letters testamentary be issued where a will is admitted to
probate after the lapse of four years from the death of the
testator.
(b) If any person shall purchase real or personal property from
the heirs of a decedent more than four years from the date of the
death of the decedent, for value, in good faith, and without
knowledge of the existence of a will, such purchaser shall be
held to have good title to the interest which such heir or heirs
would have had in the absence of a will, as against the claims of
any devisees or legatees under any will which may thereafter be
offered for probate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 8, eff. Jan. 1,
1972.
Text of article effective until January 01, 2014
Sec. 74. TIME TO FILE APPLICATION FOR LETTERS TESTAMENTARY OR
ADMINISTRATION. All applications for the grant of letters
testamentary or of administration upon an estate must be filed
within four years after the death of the testator or intestate;
provided, that this section shall not apply in any case where
administration is necessary in order to receive or recover funds
or other property due to the estate of the decedent.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 8, eff. Jan. 1,
1972.
Text of article effective until January 01, 2014
Sec. 75. DUTY AND LIABILITY OF CUSTODIAN OF WILL. Upon receiving
notice of the death of a testator, the person having custody of
the testator's will shall deliver it to the clerk of the court
which has jurisdiction of the estate. On sworn written complaint
that any person has the last will of any testator, or any papers
belonging to the estate of a testator or intestate, the county
judge shall cause said person to be cited by personal service to
appear before him and show cause why he should not deliver such
will to the court for probate, or why he should not deliver such
papers to the executor or administrator. Upon the return of such
citation served, unless delivery is made or good cause shown, if
satisfied that such person had such will or papers at the time of
filing the complaint, such judge may cause him to be arrested and
imprisoned until he shall so deliver them. Any person refusing to
deliver such will or papers shall also be liable to any person
aggrieved for all damages sustained as a result of such refusal,
which damages may be recovered in any court of competent
jurisdiction.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 76. PERSONS WHO MAY MAKE APPLICATION. An executor named in
a will or any interested person may make application to the court
of a proper county:
(a) For an order admitting a will to probate, whether the same is
written or unwritten, in his possession or not, is lost, is
destroyed, or is out of the State.
(b) For the appointment of the executor named in the will.
(c) For the appointment of an administrator, if no executor is
designated in the will, or if the person so named is
disqualified, or refuses to serve, or is dead, or resigns, or if
there is no will. An application for probate may be combined with
an application for the appointment of an executor or
administrator; and a person interested in either the probate of
the will or the appointment of a personal representative may
apply for both.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 77. ORDER OF PERSONS QUALIFIED TO SERVE. Letters
testamentary or of administration shall be granted to persons who
are qualified to act, in the following order:
(a) To the person named as executor in the will of the deceased.
(b) To the surviving husband or wife.
(c) To the principal devisee or legatee of the testator.
(d) To any devisee or legatee of the testator.
(e) To the next of kin of the deceased, the nearest in order of
descent first, and so on, and next of kin includes a person and
his descendants who legally adopted the deceased or who have been
legally adopted by the deceased.
(f) To a creditor of the deceased.
(g) To any person of good character residing in the county who
applies therefor.
(h) To any other person not disqualified under the following
Section. When applicants are equally entitled, letters shall be
granted to the applicant who, in the judgment of the court, is
most likely to administer the estate advantageously, or they may
be granted to any two or more of such applicants.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 1763, ch. 713, Sec. 34, eff. Aug. 27,
1979.
Text of article effective until January 01, 2014
Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
ADMINISTRATOR. No person is qualified to serve as an executor or
administrator who is:
(a) An incapacitated person;
(b) A convicted felon, under the laws either of the United States
or of any state or territory of the United States, or of the
District of Columbia, unless such person has been duly pardoned,
or his civil rights restored, in accordance with law;
(c) A non-resident (natural person or corporation) of this State
who has not appointed a resident agent to accept service of
process in all actions or proceedings with respect to the estate,
and caused such appointment to be filed with the court;
(d) A corporation not authorized to act as a fiduciary in this
State; or
(e) A person whom the court finds unsuitable.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2a, eff. Aug. 22,
1957; Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 7, eff. June
12, 1969; Acts 1995, 74th Leg., ch. 1039, Sec. 7, eff. Sept. 1,
1995.
Text of article effective until January 01, 2014
Sec. 79. WAIVER OF RIGHT TO SERVE. The surviving husband or
wife, or, if there be none, the heirs or any one of the heirs of
the deceased to the exclusion of any person not equally entitled,
may, in open court, or by power of attorney duly authenticated
and filed with the county clerk of the county where the
application is filed, renounce his right to letters testamentary
or of administration in favor of another qualified person, and
thereupon the court may grant letters to such person.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 80. PREVENTION OF ADMINISTRATION. (a) Method of Prevention.
When application is made for letters of administration upon an
estate by a creditor, and other interested persons do not desire
an administration thereupon, they can defeat such application:
(1) By the payment of the claim of such creditor; or
(2) By proof to the satisfaction of the court that such claim is
fictitious, fraudulent, illegal, or barred by limitation; or
(3) By executing a bond payable to, and to be approved by, the
judge in double the amount of such creditor's debt, conditioned
that the obligors will pay the debt of such applicant upon the
establishment thereof by suit in any court in the county having
jurisdiction of the amount.
(b) Filing of Bond. The bond provided for, when given and
approved, shall be filed with the county clerk, and any creditor
for whose protection it was executed may sue thereon in his own
name for the recovery of his debt.
(c) Bond Secured by Lien. A lien shall exist on all of the estate
in the hands of the distributees of such estate, and those
claiming under them with notice of such lien, to secure the
ultimate payment of the bond provided for herein.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10 effective January 1, 2014
Sec. 81. CONTENTS OF APPLICATION FOR LETTERS TESTAMENTARY.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
633, Sec. 1
(a) For Probate of a Written Will. A written will shall, if
within the control of the applicant, be filed with the
application for its probate, and shall remain in the custody of
the county clerk unless removed therefrom by order of a proper
court. An application for probate of a written will shall state:
(1) The name and domicile of each applicant.
(2) The name, age if known, and domicile of the decedent, and
the fact, time, and place of death.
(3) Facts showing that the court has venue.
(4) That the decedent owned real or personal property, or both,
describing the same generally, and stating its probable value.
(5) The date of the will, the name and residence of the executor
named therein, if any, and if none be named, then the name and
residence of the person to whom it is desired that letters be
issued, and also the names and residences of the subscribing
witnesses, if any.
(6) Whether a child or children born or adopted after the making
of such will survived the decedent, and the name of each such
survivor, if any.
(7) That such executor or applicant, or other person to whom it
is desired that letters be issued, is not disqualified by law
from accepting letters.
(8) Whether a marriage of the decedent was ever dissolved after
the will was made, whether by divorce, annulment, or a
declaration that the marriage was void, and if so, when and from
whom.
(9) Whether the state, a governmental agency of the state, or a
charitable organization is named by the will as a devisee.
The foregoing matters shall be stated and averred in the
application to the extent that they are known to the applicant,
or can with reasonable diligence be ascertained by him, and if
any of such matters is not stated or averred in the application,
the application shall set forth the reason why such matter is not
so stated and averred.
(b) For Probate of Written Will Not Produced. When a written will
cannot be produced in court, in addition to the requirements of
Subsection (a) hereof, the application shall state:
(1) The reason why such will cannot be produced.
(2) The contents of such will, as far as known.
(3) The date of such will and the executor appointed therein, if
any, as far as known.
(4) The name, age, marital status, and address, if known, and the
relationship to the decedent, if any, of each devisee, and of
each person who would inherit as an heir in the absence of a
valid will, and, in cases of partial intestacy, of each heir.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1170, Sec. 5.05,
eff. September 1, 2007.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1,
1972; Acts 1987, 70th Leg., ch. 463, Sec. 1, eff. Sept. 1, 1987;
Acts 1989, 71st Leg., ch. 1035, Sec. 6, eff. Sept. 1, 1989; Acts
1997, 75th Leg., ch. 1302, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 5.05, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
633, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Text of article effective until January 01, 2014
Sec. 82. CONTENTS OF APPLICATION FOR LETTERS OF ADMINISTRATION.
An application for letters of administration when no will is
alleged to exist shall state:
(a) The name and domicile of the applicant, relationship to the
decedent, if any, and that the applicant is not disqualified by
law to act as administrator;
(b) The name and intestacy of the decedent, and the fact, time
and place of death;
(c) Facts necessary to show venue in the court to which the
application is made;
(d) Whether the decedent owned real or personal property, with a
statement of its probable value;
(e) The name, age, marital status and address, if known, and the
relationship, if any, of each heir to the decedent;
(f) If known by the applicant at the time of the filing of the
application, whether children were born to or adopted by the
decedent, with the name and the date and place of birth of each;
(g) If known by the applicant at the time of the filing of the
application, whether the decedent was ever divorced, and if so,
when and from whom; and
(h) That a necessity exists for administration of the estate,
alleging the facts which show such necessity.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1979, 66th Leg., p. 1746, ch. 713, Sec. 13, eff. Aug. 27,
1979; Acts 1987, 70th Leg., ch. 463, Sec. 2, eff. Sept. 1, 1987;
Acts 1997, 75th Leg., ch. 1302, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 5.01, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 83. PROCEDURE PERTAINING TO A SECOND APPLICATION. (a) Where
Original Application Has Not Been Heard. If, after an application
for the probate of a will or for the appointment of a general
personal representative has been filed, and before such
application has been heard, an application for the probate of a
will of the decedent, not theretofore presented for probate, is
filed, the court shall hear both applications together and
determine what instrument, if any, should be admitted to probate,
or whether the decedent died intestate.
(b) Where First Will Has Been Admitted to Probate. If, after a
will has been admitted to probate, an application for the probate
of a will of the decedent, not theretofore presented for probate,
is filed, the court shall determine whether the former probate
should be set aside, and whether such other will should be
admitted to probate, or whether the decedent died intestate.
(c) Where Letters of Administration Have Been Granted. Whenever
letters of administration shall have been granted upon an estate,
and it shall afterwards be discovered that the deceased left a
lawful will, such will may be proved in the manner provided for
the proof of wills; and, if an executor is named in such will,
and he is not disqualified, he shall be allowed to qualify and
accept as such executor, and the letters previously granted shall
be revoked; but, if no such executor be named in the will, or if
the executor named be disqualified, be dead, or shall renounce
the executorship, or shall fail or be unable to accept and
qualify within twenty days after the date of the probate of the
will, or shall fail for a period of thirty days after the
discovery of such will to present it for probate, then
administration with the will annexed of the estate of such
testator shall be granted as in other cases. All acts done by
the first administrator, prior to the qualification of the
executor or of the administrator with the will annexed, shall be
as valid as if no such will had been discovered.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 7.01, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 84. PROOF OF WRITTEN WILL PRODUCED IN COURT. (a)
Self-Proved Will. If a will is self-proved as provided in this
Code, no further proof of its execution with the formalities and
solemnities and under the circumstances required to make it a
valid will shall be necessary.
(b) Attested Written Will. If not self-proved as provided in this
Code, an attested written will produced in court may be proved:
(1) By the sworn testimony or affidavit of one or more of the
subscribing witnesses thereto, taken in open court.
(2) If all the witnesses are non-residents of the county, or
those who are residents are unable to attend court, by the sworn
testimony of any one or more of them by deposition, either
written or oral, taken in the same manner and under the same
rules as depositions taken in other civil actions; or, if no
opposition in writing to such will is filed on or before the date
set for hearing thereon, then by the sworn testimony or affidavit
of two witnesses taken in open court, or by deposition in the
manner provided herein, to the signature or the handwriting
evidenced thereby of one or more of the attesting witnesses, or
of the testator, if he signed the will; or, if it be shown under
oath to the satisfaction of the court that, diligent search
having been made, only one witness can be found who can make the
required proof, then by the sworn testimony or affidavit of such
one taken in open court, or by deposition in the manner provided
herein, to such signatures or handwriting.
(3) If none of the witnesses is living, or if all of such
witnesses are members of the armed forces of the United States of
America or of any auxiliary thereof, or of the armed forces
reserve of the United States of America or of any auxiliary
thereof, or of the Maritime Service, and are beyond the
jurisdiction of the court, by two witnesses to the handwriting of
one or both of the subscribing witnesses thereto, or of the
testator, if signed by him, and such proof may be either by sworn
testimony or affidavit taken in open court, or by deposition,
either written or oral, taken in the same manner and under the
same rules as depositions taken in other civil actions; or, if it
be shown under oath to the satisfaction of the court that,
diligent search having been made, only one witness can be found
who can make the required proof, then by the sworn testimony or
affidavit of such one taken in open court, or by deposition in
the manner provided herein, to such signatures or handwriting.
(c) Holographic Will. If not self-proved as provided in this
Code, a will wholly in the handwriting of the testator may be
proved by two witnesses to his handwriting, which evidence may be
by sworn testimony or affidavit taken in open court, or, if such
witnesses are non-residents of the county or are residents who
are unable to attend court, by deposition, either written or
oral, taken in the same manner and under the same rules as
depositions taken in other civil actions.
(d) Depositions if No Contest Filed. If no contest has been
filed, depositions for the purpose of establishing a will may be
taken in the same manner as provided in this Code for the taking
of depositions where there is no opposing party or attorney of
record upon whom notice and copies of interrogatories may be
served; and, in such event, this Subsection, rather than the
preceding portions of this Section which provide for the taking
of depositions under the same rules as depositions in other civil
actions, shall be applicable.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by Acts 2003, 78th Leg., ch. 1060, Sec. 11, eff. Sept. 1,
2003.
Text of article effective until January 01, 2014
Sec. 85. PROOF OF WRITTEN WILL NOT PRODUCED IN COURT. A written
will which cannot be produced in court shall be proved in the
same manner as provided in the preceding Section for an attested
written will or an holographic will, as the case may be, and the
same amount and character of testimony shall be required to prove
such will as is required to prove a written will produced in
court; but, in addition thereto, the cause of its non-production
must be proved, and such cause must be sufficient to satisfy the
court that it cannot by any reasonable diligence be produced, and
the contents of such will must be substantially proved by the
testimony of a credible witness who has read the will, has heard
the will read, or can identify a copy of the will.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 6.01, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 87. TESTIMONY TO BE COMMITTED TO WRITING. All testimony
taken in open court upon the hearing of an application to probate
a will shall be committed to writing at the time it is taken, and
subscribed, and sworn to in open court by the witness or
witnesses, and filed by the clerk; provided, however, that in any
contested case, the court may, upon agreement of the parties, and
in the event of no agreement on its own motion, dismiss this
requirement.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1,
1972.
Text of article effective until January 01, 2014
Sec. 88. PROOF REQUIRED FOR PROBATE AND ISSUANCE OF LETTERS
TESTAMENTARY OR OF ADMINISTRATION. (a) General Proof. Whenever
an applicant seeks to probate a will or to obtain issuance of
letters testamentary or of administration, he must first prove to
the satisfaction of the court:
(1) That the person is dead, and that four years have not elapsed
since his decease and prior to the application; and
(2) That the court has jurisdiction and venue over the estate;
and
(3) That citation has been served and returned in the manner and
for the length of time required by this Code; and
(4) That the person for whom letters testamentary or of
administration are sought is entitled thereto by law and is not
disqualified.
(b) Additional Proof for Probate of Will. To obtain probate of a
will, the applicant must also prove to the satisfaction of the
court:
(1) If the will is not self-proved as provided by this Code, that
the testator, at the time of executing the will, was at least
eighteen years of age, or was or had been lawfully married, or
was a member of the armed forces of the United States or of the
auxiliaries thereof, or of the Maritime Service of the United
States, and was of sound mind; and
(2) If the will is not self-proved as provided by this Code, that
the testator executed the will with the formalities and
solemnities and under the circumstances required by law to make
it a valid will; and
(3) That such will was not revoked by the testator.
(c) Additional Proof for Issuance of Letters Testamentary. If
letters testamentary are to be granted, it must appear to the
court that proof required for the probate of the will has been
made, and, in addition, that the person to whom the letters are
to be granted is named as executor in the will.
(d) Additional Proof for Issuance of Letters of Administration.
If letters of administration are to be granted, the applicant
must also prove to the satisfaction of the court that there
exists a necessity for an administration upon such estate.
(e) Proof Required Where Prior Letters Have Been Granted. If
letters testamentary or of administration have previously been
granted upon the estate, the applicant need show only that the
person for whom letters are sought is entitled thereto by law and
is not disqualified.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 8, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 89. ACTION OF COURT ON PROBATED WILL. Upon the completion
of hearing of an application for the probate of a will, if the
Court be satisfied that such will should be admitted to probate,
an order to that effect shall be entered. Certified copies of
such will and the order , or of the record thereof, and the
record of testimony, may be recorded in other counties, and may
be used in evidence, as the original might be, on the trial of
the same matter in any other court, when taken there by appeal or
otherwise.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1961, 57th Leg., p. 1072, ch. 480, Sec. 1, eff. Aug. 28,
1961; Acts 1983, 68th Leg., p. 1155, ch. 260, Sec. 1, eff. Sept.
1, 1983; Acts 1993, 73rd Leg., ch. 846, Sec. 11, eff. Sept. 1,
1993.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10 effective January 1, 2014
Sec. 89A. CONTENTS OF APPLICATION FOR PROBATE OF WILL AS MUNIMENT
OF TITLE.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
634, Sec. 1
(a) A written will shall, if within the control of the
applicant, be filed with the application for probate as a
muniment of title, and shall remain in the custody of the county
clerk unless removed from the custody of the clerk by order of a
proper court. An application for probate of a will as a muniment
of title shall state:
(1) The name and domicile of each applicant.
(2) The name, age if known, and domicile of the decedent, and
the fact, time, and place of death.
(3) Facts showing that the court has venue.
(4) That the decedent owned real or personal property, or both,
describing the property generally, and stating its probable
value.
(5) The date of the will, the name and residence of the executor
named in the will, if any, and the names and residences of the
subscribing witnesses, if any.
(6) Whether a child or children born or adopted after the making
of such will survived the decedent, and the name of each such
survivor, if any.
(7) That there are no unpaid debts owing by the estate of the
testator, excluding debts secured by liens on real estate.
(8) Whether a marriage of the decedent was ever dissolved after
the will was made, whether by divorce, annulment, or a
declaration that the marriage was void, and if so, when and from
whom.
(9) Whether the state, a governmental agency of the state, or a
charitable organization is named by the will as a devisee.
The foregoing matters shall be stated and averred in the
application to the extent that they are known to the applicant,
or can with reasonable diligence be ascertained by the applicant,
and if any of such matters is not stated or averred in the
application, the application shall set forth the reason why such
matter is not so stated and averred.
(b) When a written will cannot be produced in court, in addition
to the requirements of Subsection (a) of this section, the
application shall state:
(1) The reason why such will cannot be produced.
(2) The contents of such will, to the extent known.
(3) The date of such will and the executor appointed in the will,
if any, to the extent known.
(4) The name, age, marital status, and address, if known, and the
relationship to the decedent, if any, of each devisee, and of
each person who would inherit as an heir in the absence of a
valid will, and, in cases of partial intestacy, of each heir.
(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1170, Sec. 5.05,
eff. September 1, 2007.
Added by Acts 1997, 75th Leg., ch. 540, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 10, Sec. 1, eff. Sept.
1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 5.05, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
634, Sec. 1, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Text of article effective until January 01, 2014
Sec. 89B. PROOF REQUIRED FOR PROBATE OF A WILL AS A MUNIMENT OF
TITLE. (a) General Proof. Whenever an applicant seeks to probate
a will as a muniment of title, the applicant must first prove to
the satisfaction of the court:
(1) That the person is dead, and that four years have not elapsed
since the person's death and prior to the application; and
(2) That the court has jurisdiction and venue over the estate;
and
(3) That citation has been served and returned in the manner and
for the length of time required by this Code; and
(4) That there are no unpaid debts owing by the estate of the
testator, excluding debts secured by liens on real estate.
(b) To obtain probate of a will as a muniment of title, the
applicant must also prove to the satisfaction of the court:
(1) If the will is not self-proved as provided by this Code, that
the testator, at the time of executing the will, was at least 18
years of age, or was or had been lawfully married, or was a
member of the armed forces of the United States or of the
auxiliaries of the armed forces of the United States, or of the
Maritime Service of the United States, and was of sound mind; and
(2) If the will is not self-proved as provided by this Code, that
the testator executed the will with the formalities and
solemnities and under the circumstances required by law to make
it a valid will; and
(3) That such will was not revoked by the testator.
Added by Acts 1997, 75th Leg., ch. 540, Sec. 1 eff. Sept. 1,
1997.
Text of article effective until January 01, 2014
Sec. 89C. PROBATE OF WILLS AS MUNIMENTS OF TITLE. (a) In each
instance where the court is satisfied that a will should be
admitted to probate, and where the court is further satisfied
that there are no unpaid debts owing by the estate of the
testator, excluding debts secured by liens on real estate, or for
other reason finds that there is no necessity for administration
upon such estate, the court may admit such will to probate as a
muniment of title.
(b) If a person who is entitled to property under the provisions
of the will cannot be ascertained solely by reference to the will
or if a question of construction of the will exists, on proper
application and notice as provided by Chapter 37, Civil Practice
and Remedies Code, the court may hear evidence and include in the
order probating the will as a muniment of title a declaratory
judgment construing the will or determining those persons who are
entitled to receive property under the will and the persons'
shares or interests in the estate. The judgment is conclusive in
any suit between any person omitted from the judgment and a bona
fide purchaser for value who has purchased real or personal
property after entry of the judgment without actual notice of the
claim of the omitted person to an interest in the estate. Any
person who has delivered property of the decedent to a person
declared to be entitled to the property under the judgment or has
engaged in any other transaction with the person in good faith
after entry of the judgment is not liable to any person for
actions taken in reliance on the judgment.
(c) The order admitting a will to probate as a muniment of title
shall constitute sufficient legal authority to all persons owing
any money to the estate of the decedent, having custody of any
property, or acting as registrar or transfer agent of any
evidence of interest, indebtedness, property, or right belonging
to the estate, and to persons purchasing from or otherwise
dealing with the estate, for payment or transfer, without
liability, to the persons described in such will as entitled to
receive the particular asset without administration. The person
or persons entitled to property under the provisions of such
wills shall be entitled to deal with and treat the properties to
which they are so entitled in the same manner as if the record of
title thereof were vested in their names.
(d) Unless waived by the court, before the 181st day, or such
later day as may be extended by the court, after the date a will
is admitted to probate as a muniment of title, the applicant for
probate of the will shall file with the clerk of the court a
sworn affidavit stating specifically the terms of the will that
have been fulfilled and the terms of the will that have been
unfulfilled. Failure of the applicant for probate of the will to
file such affidavit shall not otherwise affect title to property
passing under the terms of the will.
Added by Acts 1993, 73rd Leg., ch. 846, Sec. 12, eff. Sept. 1,
1993. Renumbered from V.A.T.S. Probate Code, Sec. 89A by Acts
1997, 75th Leg., ch. 540, Sec. 1, eff. Sept. 1, 1997.
Text of article effective until January 01, 2014
Sec. 90. CUSTODY OF PROBATED WILLS. All original wills, together
with the probate thereof, shall be deposited in the office of the
county clerk of the county wherein the same shall have been
probated, and shall there remain, except during such time as they
may be removed for inspection to another place upon order by the
court where probated. If the court shall order an original will
to be removed to another place for inspection, the person
removing such original will shall give a receipt therefor, and
the clerk of the court shall make and retain a copy of such
original will.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 91. WHEN WILL NOT IN CUSTODY OF COURT. If for any reason a
written will is not in the custody of the court, the court shall
find the contents thereof by written order, and certified copies
of same as so established by the court may be recorded in other
counties, and may be used in evidence, as in the case of
certified copies of written wills in the custody of the court.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 5.02, eff. September 1, 2007.
Text of article effective until January 01, 2014
Sec. 92. PERIOD FOR PROBATE DOES NOT AFFECT SETTLEMENT. Where
letters testamentary or of administration shall have once been
granted, any person interested in the administration of the
estate may proceed, after any lapse of time, to compel settlement
of the estate when it does not appear from the record that the
administration thereof has been closed.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 93. PERIOD FOR CONTESTING PROBATE. After a will has been
admitted to probate, any interested person may institute suit in
the proper court to contest the validity thereof, within two
years after such will shall have been admitted to probate, and
not afterward, except that any interested person may institute
suit in the proper court to cancel a will for forgery or other
fraud within two years after the discovery of such forgery or
fraud, and not afterward. Provided, however, that incapacitated
persons shall have two years after the removal of their
disabilities within which to institute such contest.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 2001, 77th Leg., ch. 292, Sec. 3, eff. May 23, 2001.
Text of article effective until January 01, 2014
Sec. 94. NO WILL EFFECTUAL UNTIL PROBATED. Except as hereinafter
provided with respect to foreign wills, no will shall be
effectual for the purpose of proving title to, or the right to
the possession of, any real or personal property disposed of by
the will, until such will has been admitted to probate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
PART 2. PROCEDURE PERTAINING TO FOREIGN WILLS
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10 effective January 1, 2014
Sec. 95. PROBATE OF FOREIGN WILL ACCOMPLISHED BY FILING AND
RECORDING. (a) Foreign Will May Be Probated. The written will of
a testator who was not domiciled in Texas at the time of his
death which would affect any real or personal property in this
State, may be admitted to probate upon proof that it stands
probated or established in any of the United States, its
territories, the District of Columbia, or any foreign nation.
(b) Application and Citation.
(1) Will probated in domiciliary jurisdiction. If a foreign will
has been admitted to probate or established in the jurisdiction
in which the testator was domiciled at the time of his death, the
application need state only that probate is requested on the
basis of the authenticated copy of the foreign proceedings in
which the will was probated or established. No citation or notice
is required.
(2) Will probated in non-domiciliary jurisdiction. If a foreign
will has been admitted to probate or established in any
jurisdiction other than the domicile of the testator at the time
of his death, the application for its probate shall contain all
of the information required in an application for the probate of
a domestic will, and shall also set out the name and address of
each devisee and each person who will be entitled to a portion of
the estate as an heir in the absence of a will. Citations shall
be issued and served on each such devisee and heir by registered
or certified mail.
(c) Copy of Will and Proceedings To Be Filed. A copy of the will
and of the judgment, order, or decree by which it was admitted to
probate or otherwise established, attested by and with the
original signature of the clerk of the court or of such other
official as has custody of such will or is in charge of probate
records, with the seal of the court affixed, if there is a seal,
together with a certificate containing the original signature of
the judge or presiding magistrate of such court that the said
attestation is in due form, shall be filed with the application.
Original signatures shall not be required for recordation in the
deed records pursuant to Sections 96 through 99 or Section 107 of
this code.
Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 6
(d) Probate Accomplished by Recording.
(1) Will admitted in domiciliary jurisdiction. If the will has
been probated or established in the jurisdiction in which the
testator was domiciled at the time of his death, it shall be the
ministerial duty of the clerk to record such will and the
evidence of its probate or establishment in the judge's probate
docket. No order of the court is necessary. When so filed and
recorded, the will shall be deemed to be admitted to probate, and
shall have the same force and effect for all purposes as if the
original will had been probated by order of the court, subject to
contest in the manner and to the extent hereinafter provided.
(2) Will admitted in non-domiciliary jurisdiction. If the will
has been probated or established in another jurisdiction not the
domicile of the testator, its probate in this State may be
contested in the same manner as if the testator had been
domiciled in this State at the time of his death. If no contest
is filed, the clerk shall record such will and the evidence of
its probate or establishment in the judge's probate docket, and
no order of the court shall be necessary. When so filed and
recorded, it shall be deemed to be admitted to probate, and shall
have the same force and effect for all purposes as if the
original will had been probated by order of the court, subject to
contest in the manner and to the extent hereafter provided.
(e) Effect of Foreign Will on Local Property. If a foreign will
has been admitted to probate or established in the jurisdiction
in which the testator was domiciled at the time of his death,
such will, when probated as herein provided, shall be effectual
to dispose of both real and personal property in this State
irrespective of whether such will was executed with the
formalities required by this Code.
(f) Protection of Purchasers. When a foreign will has been
probated in this State in accordance with the procedure
prescribed in this section for a will that has been admitted to
probate in the domicile of the testator, and it is later proved
in a proceeding brought for that purpose that the foreign
jurisdiction in which the will was admitted to probate was not in
fact the domicile of the testator, the probate in this State
shall be set aside. If any person has purchased property from the
personal representative or any legatee or devisee, in good faith
and for value, or otherwise dealt with any of them in good faith,
prior to the commencement of the proceeding, his title or rights
shall not be affected by the fact that the probate in this State
is subsequently set aside.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1,
1972; Acts 1999, 76th Leg., ch. 755, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 6, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Text of article effective until January 01, 2014
Sec. 96. FILING AND RECORDING FOREIGN WILL IN DEED RECORDS. When
any will or testamentary instrument conveying or in any manner
disposing of land in this State has been duly probated according
to the laws of any of the United States, or territories thereof,
or the District of Columbia, or of any country out of the limits
of the United States, a copy thereof and of its probate which
bears the attestation, seal and certificate required by the
preceding Section, may be filed and recorded in the deed records
in any county of this State in which said real estate is
situated, in the same manner as deeds and conveyances are
required to be recorded under the laws of this State, and without
further proof or authentication; provided that the validity of
such a will or testamentary instrument filed under this Section
may be contested in the manner and to the extent hereinafter
provided.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 97. PROOF REQUIRED FOR RECORDING IN DEED RECORDS. A copy of
such foreign will or testamentary instrument, and of its probate
attested as provided above, together with the certificate that
said attestation is in due form, shall be prima facie evidence
that said will or testamentary instrument has been duly admitted
to probate, according to the laws of the state, territory,
district, or country wherein it has allegedly been admitted to
probate, and shall be sufficient to authorize the same to be
recorded in the deed records in the proper county or counties in
this State.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 98. EFFECT OF RECORDING COPY OF WILL IN DEED RECORDS. Every
such foreign will, or testamentary instrument, and the record of
its probate, which shall be attested and proved, as hereinabove
provided, and delivered to the county clerk of the proper county
in this State to be recorded in the deed records, shall take
effect and be valid and effectual as a deed of conveyance of all
property in this State covered by said foreign will or
testamentary instrument; and the record thereof shall have the
same force and effect as the record of deeds or other conveyances
of land from the time when such instrument is delivered to the
clerk to be recorded, and from that time only.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 99. RECORDING IN DEED RECORDS SERVES AS NOTICE OF TITLE.
The record of any such foreign will, or testamentary instrument,
and of its probate, duly attested and proved and filed for
recording in the deed records of the proper county, shall be
notice to all persons of the existence of such will or
testamentary instrument, and of the title or titles conferred
thereby.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 100. CONTEST OF FOREIGN WILLS. (a) Will Admitted in
Domiciliary Jurisdiction. A foreign will that has been admitted
to probate or established in the jurisdiction in which the
testator was domiciled at the time of his death, and either
admitted to probate in this State or filed in the deed records of
any county of this State, may be contested by any interested
person but only upon the following grounds:
(1) That the foreign proceedings were not authenticated in the
manner required for ancillary probate or recording in the deed
records.
(2) That the will has been finally rejected for probate in this
State in another proceeding.
(3) That the probate of the will has been set aside in the
jurisdiction in which the testator died domiciled.
(b) Will Probated in Non-Domiciliary Jurisdiction. A foreign will
that has been admitted to probate or established in any
jurisdiction other than that of the testator's domicile at the
time of his death may be contested on any grounds that are the
basis for the contest of a domestic will. If a will has been
probated in this State in accordance with the procedure
applicable for the probate of a will that has been admitted in
the state of domicile, without the service of citation required
for a will admitted in another jurisdiction that is not the
domicile of the testator, and it is proved that the foreign
jurisdiction in which the will was probated was not in fact the
domicile of the testator, the probate in this State shall be set
aside. If otherwise entitled, the will may be reprobated in
accordance with the procedure prescribed for the probate of a
will admitted in a non-domiciliary jurisdiction, or it may be
admitted to original probate in this State in the same or a
subsequent proceeding.
(c) Time and Method. A foreign will that has been admitted to
ancillary probate in this State or filed in the deed records in
this State may be contested by the same procedures, and within
the same time limits, as wills admitted to probate in this State
in original proceedings.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1,
1972.
Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10
Text of section as amended by Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 7
Without reference to the amendment of this section, this section
was repealed by Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Sec. 101. NOTICE OF CONTEST OF FOREIGN WILL. Within the time
permitted for the contest of a foreign will in this State,
verified notice may be filed and recorded in the judge's probate
docket of the court in this State in which the will was probated,
or the deed records of any county in this State in which such
will was recorded, that proceedings have been instituted to
contest the will in the foreign jurisdiction where it was
probated or established. Upon such filing and recording, the
force and effect of the probate or recording of the will shall
cease until verified proof is filed and recorded that the foreign
proceedings have been terminated in favor of the will, or that
such proceedings were never actually instituted.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
602, Sec. 7, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch.
680, Sec. 10(a), eff. January 1, 2014.
Text of article effective until January 01, 2014
Sec. 102. EFFECT OF REJECTION OF WILL IN DOMICILIARY PROCEEDINGS.
Final rejection of a will or other testamentary instrument from
probate or establishment in the jurisdiction in which the
testator was domiciled shall be conclusive in this State, except
where the will or other testamentary instrument has been rejected
solely for a cause which is not ground for rejection of a will of
a testator who died domiciled in this State, in which case the
will or testamentary instrument may nevertheless be admitted to
probate or continue to be effective in this State.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1,
1972.
Text of article effective until January 01, 2014
Sec. 103. ORIGINAL PROBATE OF FOREIGN WILL IN THIS STATE.
Original probate of the will of a testator who died domiciled
outside this State which, upon probate, may operate upon any
property in this State, and which is valid under the laws of this
State, may be granted in the same manner as the probate of other
wills is granted under this Code, if the will does not stand
rejected from probate or establishment in the jurisdiction where
the testator died domiciled, or if it stands rejected from
probate or establishment in the jurisdiction where the testator
died domiciled solely for a cause which is not ground for
rejection of a will of a testator who died domiciled in this
State. The court may delay passing on the application for probate
of a foreign will pending the result of probate or establishment,
or of a contest thereof, at the domicile of the testator.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Text of article effective until January 01, 2014
Sec. 104. PROOF OF FOREIGN WILL IN ORIGINAL PROBATE PROCEEDING.
If a testator dies domiciled outside this State, a copy of his
will, authenticated in the manner required by this Code, shall be
sufficient proof of the contents of the will to admit it to
probate in an original proceeding in this State if no objection
is made thereto. This Section does not authorize the probate of
any will which would not otherwise be admissible to probate, or,
in case objection is made to the will, relieve the proponent from
offering proof of the contents and legal sufficiency of the will
as otherwise required, except that the original will need not be
produced unless the court so orders.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 105. EXECUTOR OF WILL PROBATED IN ANOTHER JURISDICTION.
When a foreign will is admitted to ancillary probate in
accordance with Section 95 of this Code, the executor named in
such will shall be entitled to receive, upon application, letters
testamentary upon proof that he has qualified as such in the
jurisdiction in which the will was admitted to probate, and that
he is not disqualified to serve as executor in this State. After
such proof is made, the court shall enter an order directing that
ancillary letters testamentary be issued to him. If letters of
administration have previously been granted by such court in this
State to any other person, such letters shall be revoked upon the
application of the executor after personal service of citation
upon the person to whom such letters were granted.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 105A. APPOINTMENT AND SERVICE OF FOREIGN BANKS AND TRUST
COMPANIES IN FIDUCIARY CAPACITY. (a) A corporate fiduciary that
does not have its main office or a branch office in this state,
hereinafter called "foreign corporate fiduciaries", having the
corporate power to so act, may be appointed and may serve in the
State of Texas as trustee (whether of a personal or corporate
trust), executor, administrator, guardian of the estate, or in
any other fiduciary capacity, whether the appointment be by will,
deed, agreement, declaration, indenture, court order or decree,
or otherwise, when and to the extent that the home state of the
corporate fiduciary grants authority to serve in like fiduciary
capacity to a corporate fiduciary whose home state is this state.
(b) Before qualifying or serving in the State of Texas in any
fiduciary capacity, as aforesaid, such a foreign corporate
fiduciary shall file in the office of the Secretary of the State
of the State of Texas (1) a copy of its charter, articles of
incorporation or of association, and all amendments thereto,
certified by its secretary under its corporate seal; (2) a duly
executed instrument in writing, by its terms of indefinite
duration and irrevocable, appointing the Secretary of State and
his successors its agent for service of process upon whom all
notices and processes issued by any court of this state may be
served in any action or proceeding relating to any trust, estate,
fund or other matter within this state with respect to which such
foreign corporate fiduciary is acting in any fiduciary capacity,
including the acts or defaults of such foreign corporate
fiduciary with respect to any such trust, estate or fund; and (3)
a written certificate of designation, which may be changed from
time to time thereafter by the filing of a new certificate of
designation, specifying the name and address of the officer,
agent or other person to whom such notice or process shall be
forwarded by the Secretary of State. Upon receipt of such notice
or process, it shall be the duty of the Secretary of State
forthwith to forward same by registered or certified mail to the
officer, agent or other person so designated. Service of notice
or process upon the Secretary of State as agent for such a
foreign corporate fiduciary shall in all ways and for all
purposes have the same effect as if personal service had been had
within this state upon such foreign corporate fiduciary.
(c) Any foreign corporate fiduciary acting in a fiduciary
capacity in this state in strict accordance with the provisions
of this Section shall not be deemed to be doing business in the
State of Texas within the meaning of Article 8.01 of the Texas
Business Corporation Act; and shall be deemed qualified to serve
in such capacity under the provisions of Section 105 of this
Code.
(d) The provisions hereof are in addition to, and not a
limitation on, the provisions of Subtitle F or G, Title 3,
Finance Code.
(e) Any foreign corporate fiduciary which shall violate any
provision of this Section 105a shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to a fine of not
exceeding Five Thousand Dollars ($5,000.00), and may, in the
discretion of the court, be prohibited from thereafter serving in
this state in any fiduciary capacity.
Added by Acts 1961, 57th Leg., p. 46, ch. 31, Sec. 1, eff. Aug.
28, 1961. Amended by Acts 1995, 74th Leg., ch. 914, Sec. 10, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 769, Sec. 5, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 6.002, eff; Sept. 1,
1999; Acts 2001, 77th Leg., ch; 1420, Sec. 6.029, eff. Sept. 1,
2001.
Text of article effective until January 01, 2014
Sec. 106. WHEN FOREIGN EXECUTOR TO GIVE BOND. A foreign executor
shall not be required to give bond if the will appointing him so
provides. If the will does not exempt him from giving bond, the
provisions of this Code with respect to the bonds of domestic
representatives shall be applicable.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1,
1972.
Text of article effective until January 01, 2014
Sec. 107. POWER OF SALE OF FOREIGN EXECUTOR OR TRUSTEE. When by
any foreign will recorded in the deed records of any county in
this state in the manner provided herein, power is given an
executor or trustee to sell any real or personal property
situated in this state, no order of a court of this state shall
be necessary to authorize such executor or trustee to make such
sale and execute proper conveyance, and whenever any particular
directions are given by a testator in any such will respecting
the sale of any such property situated in this state, belonging
to his estate, the same shall be followed unless such directions
have been annulled or suspended by order of a court of competent
jurisdiction.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended
by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,
1969.
Text of article effective until January 01, 2014
Sec. 107A. SUIT FOR THE RECOVERY OF DEBTS BY A FOREIGN EXECUTOR
OR ADMINISTRATOR. (a) On giving notice by registered or
certified mail to all creditors of the decedent in this state who
have filed a claim against the estate of the decedent for a debt
due to the creditor, a foreign executor or administrator of a
person who was a nonresident at the time of death may prosecute a
suit in this state for the recovery of debts due to the decedent.
(b) The plaintiff's letters testamentary or letters of
administration granted by a competent tribunal, properly
authenticated, shall be filed with the suit.
(c) By filing suit in this state for the recovery of a