Sec. 256.102. PROCEDURE ON FILING OF SECOND APPLICATION FOR PROBATE AFTER FIRST WILL HAS BEEN ADMITTED    


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  • If, after a decedent's will has been admitted to probate, 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 determine:

    (1) whether the former probate should be set aside; and

    (2) if the former probate is to be set aside, whether:

    (A) the other will should be admitted to probate; or

    (B) the decedent died intestate.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 1, eff. January 1, 2014.