Sections
Subchapter A Will Formation 251.001 – 251.002
Subchapter B Will Requirements 251.051 – 251.053
Subchapter C Self-Proved Wills 251.101 – 251.107
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Terms Used In Texas Estates Code Chapter 251 - Fundamental Requirements and Provisions Relating to Wills

  • Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Claims: includes :
    (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
    (2) funeral expenses;
    (3) the expense of a tombstone;
    (4) expenses of administration;
    (5) estate and inheritance taxes; and
    (6) debts due such estates. See Texas Estates Code 22.005
  • Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Devise: To gift property by will.
  • Devisee: includes a legatee. See Texas Estates Code 22.009
  • Distributee: means a person who is entitled to a part of the estate of a decedent under a lawful will or the statutes of descent and distribution. See Texas Estates Code 22.010
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • 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
  • Executor: A male person named in a will to carry out the decedent
  • Exempt property: means the property in a decedent's estate that is exempt from execution or forced sale by the constitution or laws of this state, and any allowance paid instead of that property. See Texas Estates Code 22.013
  • Fraud: Intentional deception resulting in injury to another.
  • General-law municipality: means a municipality designated by Chapter 5 as a Type A general-law municipality, Type B general-law municipality, or Type C general-law municipality. See Texas Local Government Code 1.005
  • 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
  • Home-rule municipality: means a municipality designated by Chapter 5 as a home-rule municipality. See Texas Local Government Code 1.005
  • in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
  • Intestate: Dying without leaving a will.
  • Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise probate jurisdiction; or
    (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019
  • 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.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • 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
  • Municipality: means a general-law municipality, home-rule municipality, or special-law municipality. See Texas Local Government Code 1.005
  • Next of kin: includes :
    (1) an adopted child or the adopted child's descendants; and
    (2) the adoptive parent of the adopted child. See Texas Estates Code 22.026
  • Personal property: All property that is not real property.
  • Personal property: includes an interest in:
    (1) goods;
    (2) money;
    (3) a chose in action;
    (4) an evidence of debt; and
    (5) a real chattel. See Texas Estates Code 22.028
  • Probate: Proving a will
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Signature: includes the mark of a person unable to write, and "subscribe" includes the making of such a mark. See Texas Government Code 312.011
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
  • Special-law municipality: means a municipality designated by Chapter 5 as a special-law municipality. See Texas Local Government Code 1.005
  • Statute: A law passed by a legislature.
  • Statutory probate court: means a court created by statute and designated as a statutory probate court under Chapter 25, Government Code. See Texas Estates Code 22.007
  • Succeeding: means immediately following. See Texas Government Code 312.011
  • Surety: includes a personal surety and a corporate surety. See Texas Estates Code 22.032
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Testator: A male person who leaves a will at death.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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.
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.