(a) An applicant for the probate of a will shall file the will with the application if the will is in the applicant’s control.
(b) A will filed under Subsection (a) must remain in the custody of the county clerk unless removed from the clerk’s custody:
(1) by a court order under Section 256.202; or
(2) by a court order issued under Subchapter C, Chapter 33, in which case the clerk shall deliver the will directly to the clerk of the court to which the probate proceeding is transferred.

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Terms Used In Texas Estates Code 256.053

  • 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
  • Probate: Proving a will
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