Texas Estates Code 257.053 – Additional Application Requirements When No Will Is Produced
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Terms Used In Texas Estates Code 257.053
- 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 - Devisee: includes a legatee. See Texas Estates Code 22.009
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Minor: means a person younger than 18 years of age who:
(1) has never been married; and
(2) has not had the disabilities of minority removed for general purposes. See Texas Estates Code 22.022 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
In addition to the requirements for an application under Section 257.051, if an applicant for the probate of a will as a muniment of title cannot produce the will in court, the application must state:
(1) the reason the will cannot be produced;
(2) the contents of the will, to the extent known; and
(3) the name and address, if known, whether the person is an adult or minor, and the relationship to the testator, if any, of:
(A) each devisee;
(B) each person who would inherit as an heir of the testator in the absence of a valid will; and
(C) in the case of partial intestacy, each heir of the testator.