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Texas Statutes (Last Updated: January 4, 2014) |
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ESTATES CODE |
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Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY |
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Subtitle F. WILLS |
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Chapter 256. PROBATE OF WILLS GENERALLY |
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Subchapter C. PROCEDURES FOR SECOND APPLICATION |
Sec. 256.101. PROCEDURE ON FILING OF SECOND APPLICATION WHEN ORIGINAL APPLICATION HAS NOT BEEN HEARD
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(a) If, after an application for the probate of a decedent's will or the appointment of a personal representative for the decedent's estate has been filed but before the application is heard, an application is filed for the probate of a will of the same decedent that has not previously been presented for probate, the court shall:
(1) hear both applications together; and
(2) determine:
(A) if both applications are for the probate of a will, which will should be admitted to probate, if either, or whether the decedent died intestate; or
(B) if only one application is for the probate of a will, whether the will should be admitted to probate or whether the decedent died intestate.
(b) The court may not sever or bifurcate the proceeding on the applications described in Subsection (a).