Texas Estates Code 257.054 – Proof Required
Terms Used In Texas Estates Code 257.054
- 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 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Testator: A male person who leaves a will at death.
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Venue: The geographical location in which a case is tried.
An applicant for the probate of a will as a muniment of title must prove to the court‘s satisfaction that:
(1) the testator is dead;
(2) four years have not elapsed since the date of the testator’s death and before the application;
(3) the court has jurisdiction and venue over the estate;
(4) citation has been served and returned in the manner and for the period required by this title;
(5) the testator’s estate does not owe an unpaid debt, other than any debt secured by a lien on real estate, or that for another reason there is no necessity for administration of the estate;
(6) the testator did not revoke the will; and
(7) if the will is not self-proved in the manner provided by this title, the testator:
(A) executed the will with the formalities and solemnities and under the circumstances required by law to make the will valid; and
(B) at the time of executing the will was of sound mind and:
(i) was 18 years of age or older;
(ii) was or had been married; or
(iii) was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.