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Texas Statutes (Last Updated: January 4, 2014) |
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PROBATE CODE |
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Chapter V. PROBATE AND GRANT OF ADMINISTRATION |
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Part 2. PROCEDURE PERTAINING TO FOREIGN WILLS |
Sec. 100. CONTEST OF FOREIGN WILLS
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(a) Will Admitted in Domiciliary Jurisdiction. A foreign will that has been admitted to probate or established in the jurisdiction in which the testator was domiciled at the time of his death, and either admitted to probate in this State or filed in the deed records of any county of this State, may be contested by any interested person but only upon the following grounds:
(1) That the foreign proceedings were not authenticated in the manner required for ancillary probate or recording in the deed records.
(2) That the will has been finally rejected for probate in this State in another proceeding.
(3) That the probate of the will has been set aside in the jurisdiction in which the testator died domiciled.
(b) Will Probated in Non-Domiciliary Jurisdiction. A foreign will that has been admitted to probate or established in any jurisdiction other than that of the testator's domicile at the time of his death may be contested on any grounds that are the basis for the contest of a domestic will. If a will has been probated in this State in accordance with the procedure applicable for the probate of a will that has been admitted in the state of domicile, without the service of citation required for a will admitted in another jurisdiction that is not the domicile of the testator, and it is proved that the foreign jurisdiction in which the will was probated was not in fact the domicile of the testator, the probate in this State shall be set aside. If otherwise entitled, the will may be reprobated in accordance with the procedure prescribed for the probate of a will admitted in a non-domiciliary jurisdiction, or it may be admitted to original probate in this State in the same or a subsequent proceeding.
(c) Time and Method. A foreign will that has been admitted to ancillary probate in this State or filed in the deed records in this State may be contested by the same procedures, and within the same time limits, as wills admitted to probate in this State in original proceedings.