Texas § ES.202.151 - EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP

Full text of Texas The Texas Constitution § ES.202.151 — EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP, with citation guidance and answers to common questions.

§ ES.202.151. EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP

EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP. (a) The court may require that any testimony admitted as evidence in a proceeding to declare heirship be reduced to writing and subscribed and sworn to by the witnesses, respectively. (b) Except as provided by Subsection (c), in a proceeding to declare heirship, testimony regarding a decedent's heirs and family history must be taken: (1) from two disinterested and credible witnesses in open court; (2) by deposition in accordance with Section 51.203 ; (3) by a recorded statement of facts contained in: (A) an affidavit or instrument that satisfies the requirements of Section 203.001 ; or (B) a judgment of a court of record as specified by Section 203.001 (a)(1)(B); or (4) in accordance with the Texas Rules of Civil Procedure. (c) If it is shown to the court's satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken: (1) in open court; (2) by deposition in accordance with Section 51.203 ; (3) by a recorded statement of facts contained in: (A) an affidavit or instrument that satisfies the requirements of Section 203.001 ; or (B) a judgment of a court of record as specified by Section 203.001 (a)(1)(B); or (4) in accordance with the Texas Rules of Civil Procedure. (d) Notwithstanding any other law, a person interested in an estate solely because the person is a creditor or has a claim against the estate may serve as a witness under this section if the person is otherwise a credible witness. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303 ), Sec. 8.008, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912 ), Sec. 18, eff. January 1, 2014. Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782 ), Sec. 6, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 15, eff. September 1, 2023. SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § ES.202.151

What does The Texas Constitution § ES.202.151 cover?

Section ES.202.151 ("EVIDENCE IN PROCEEDING TO DECLARE HEIRSHIP") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § ES.202.151?

A common citation format is "The Texas Constitution § ES.202.151" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § ES.202.151 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.