Texas § ES.257.054 - PROOF REQUIRED

§ ES.257.054. PROOF REQUIRED

PROOF REQUIRED. An applicant for the probate of a will as a muniment of title must prove to the court's satisfaction that: (1) the testator is dead; (2) four years have not elapsed since the date of the testator's death and before the application; (3) the court has jurisdiction and venue over the estate; (4) citation has been served and returned in the manner and for the period required by this title; (5) the testator's estate does not owe an unpaid debt, other than any debt secured by a lien on real estate, or that for another reason there is no necessity for administration of the estate; (6) the testator did not revoke the will; and (7) if the will is not self-proved in the manner provided by this title, the testator: (A) executed the will with the formalities and solemnities and under the circumstances required by law to make the will valid; and (B) at the time of executing the will was of sound mind and: (i) was 18 years of age or older; (ii) was or had been married; or (iii) was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271 ), Sec. 25, eff. September 1, 2017. SUBCHAPTER C. ORDER ADMITTING WILL; REPORT