(a) A testator, or another person for the testator, may deposit the testator’s will with the county clerk of the county of the testator’s residence. Before accepting the will for deposit, the clerk may require proof satisfactory to the clerk concerning the testator’s identity and residence.
(a-1) An attorney, business entity, or other person in possession of a testator’s will may deposit the will with the county clerk of the county of the testator’s last known residence if the attorney, business entity, or other person is unable to maintain custody of the will and, after a diligent search, the attorney, business entity, or other person is not able to contact or locate the testator. The attorney, business entity, or other person shall provide to the county clerk at the time the will is deposited:
(1) the name and last known address of the testator; and
(2) if the will names an executor, the name and last known address, if available, of each executor named in the will, including any alternate executors.

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Terms Used In Texas Estates Code 252.001

  • Executor: A male person named in a will to carry out the decedent
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Testator: A male person who leaves a will at death.

(b) The county clerk shall receive and keep a will deposited under this section on the payment of a $5 fee.
(c) On the deposit of the will, the county clerk shall issue a certificate of deposit for the will.