Texas Estates Code 256.102 – Procedure On Filing of Second Application for Probate After First Will Has Been Admitted
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Terms Used In Texas Estates Code 256.102
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Decedent: A deceased person.
- Intestate: Dying without leaving a will.
- Probate: Proving a will
If, after a decedent‘s will has been admitted to probate, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall determine:
(1) whether the former probate should be set aside; and
(2) if the former probate is to be set aside, whether:
(A) the other will should be admitted to probate; or
(B) the decedent died intestate.