Sec. 58. INTERESTS WHICH MAY PASS UNDER A WILL    


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  • (a) Every person competent to make a last will and testament may thereby devise and bequeath all the estate, right, title, and interest in property the person has at the time of the person's death, subject to the limitations prescribed by law.

    (b) A person who makes a last will and testament may:

    (1) disinherit an heir; and

    (2) direct the disposition of property or an interest passing under the will or by intestacy.

    (c) A legacy of personal property does not include any contents of the property unless the will directs that the contents are included in the legacy. A devise of real property does not include any personal property located on or associated with the real property or any contents of personal property located on the real property unless the will directs that the personal property or contents are included in the devise.

    (d) In this section:

    (1) "Contents" means tangible personal property, other than titled personal property, found inside of or on a specifically bequeathed or devised item. The term includes clothing, pictures, furniture, coin collections, and other items of tangible personal property that do not require a formal transfer of title and that are located in another item of tangible personal property such as a cedar chest or other furniture.

    (2) "Titled personal property" includes all tangible personal property represented by a certificate of title, certificate of ownership, written label, marking, or designation that signifies ownership by a person. The term includes a motor vehicle, motor home, motorboat, or other similar property that requires a formal transfer of title.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1991, 72nd Leg., ch. 895, Sec. 6, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 846, Sec. 6, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 642, Sec. 1, eff. Sept. 1, 1995.