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Terms Used In Texas Estates Code 257.001

  • 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
  • Estate: means a decedent's property, as that property:
    (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
    (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
    (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
  • Probate: Proving a will
  • Testator: A male person who leaves a will at death.

A court may admit a will to probate as a muniment of title if the court is satisfied that the will should be admitted to probate and the court:
(1) is satisfied that the testator‘s estate does not owe an unpaid debt, other than any debt secured by a lien on real estate; or
(2) finds for another reason that there is no necessity for administration of the estate.