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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 257. PROBATE OF WILL AS MUNIMENT OF TITLE |
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Subchapter B. APPLICATION AND PROOF REQUIREMENTS |
Sec. 257.054. PROOF REQUIRED
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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;
(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.