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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 D. REQUIRED PROOF FOR PROBATE OF WILL |
Sec. 256.156. PROOF OF WRITTEN WILL NOT PRODUCED IN COURT
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(a) A written will that cannot be produced in court must be proved in the same manner as provided in Section 256.153 for an attested written will or Section 256.154 for a holographic will, as applicable. The same amount and character of testimony is required to prove the written will not produced in court as is required to prove a written will produced in court.
(b) In addition to the proof required by Subsection (a):
(1) the cause of the nonproduction of a written will not produced in court must be proved, which must be sufficient to satisfy the court that the will cannot by any reasonable diligence be produced; and
(2) the contents of the will must be substantially proved by the testimony of a credible witness who has read the will, has heard the will read, or can identify a copy of the will.