Texas § ES.504.004 - PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE
Full text of Texas The Texas Constitution § ES.504.004 — PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE, with citation guidance and answers to common questions.
§ ES.504.004. PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE
PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE. (a) The probate in this state of a foreign will shall be set aside if: (1) the will was probated in this state: (A) in accordance with the procedure applicable to the probate of a will admitted to probate in the jurisdiction in which the testator was domiciled at the time of the testator's death; and (B) without the service of citation required for a will admitted to probate in another jurisdiction that was not the testator's domicile at the time of the testator's death; and (2) it is proved that the foreign jurisdiction in which the will was probated was not the testator's domicile at the time of the testator's death. (b) If otherwise entitled, a will the probate of which is set aside in accordance with Subsection (a) may be: (1) reprobated in accordance with the procedure prescribed for the probate of a will admitted in a jurisdiction that was not the testator's domicile at the time of the testator's death; or (2) admitted to original probate in this state in the proceeding in which the ancillary probate was set aside or in a subsequent proceeding. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. SUBCHAPTER B. CONTEST OR FINAL REJECTION IN FOREIGN JURISDICTION
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § ES.504.004
What does The Texas Constitution § ES.504.004 cover?
Section ES.504.004 ("PROBATE OF FOREIGN WILL SET ASIDE FOR LACK OF SERVICE") 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.504.004?
A common citation format is "The Texas Constitution § ES.504.004" (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.504.004 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.