Sec. 81. CONTENTS OF APPLICATION FOR LETTERS TESTAMENTARY

A written will shall, if within the control of the applicant, be filed with the application for its probate, and shall remain in the custody of the county clerk unless removed therefrom by order of a proper court. An application for probate of a written will shall state:

(1) The name and domicile of each applicant.

(2) The name, age if known, and domicile of the decedent, and the fact, time, and place of death.

(3) Facts showing that the court has venue.

(4) That the decedent owned real or personal property, or both, describing the same generally, and stating its probable value.

(5) The date of the will, the name and residence of the executor named therein, if any, and if none be named, then the name and residence of the person to whom it is desired that letters be issued, and also the names and residences of the subscribing witnesses, if any.

(6) Whether a child or children born or adopted after the making of such will survived the decedent, and the name of each such survivor, if any.

(7) That such executor or applicant, or other person to whom it is desired that letters be issued, is not disqualified by law from accepting letters.

(8) Whether a marriage of the decedent was ever dissolved after the will was made and if so, when and from whom.

(9) Whether the state, a governmental agency of the state, or a charitable organization is named by the will as a devisee.

The foregoing matters shall be stated and averred in the application to the extent that they are known to the applicant, or can with reasonable diligence be ascertained by him, and if any of such matters is not stated or averred in the application, the application shall set forth the reason why such matter is not so stated and averred.

(b) For Probate of Written Will Not Produced. When a written will cannot be produced in court, in addition to the requirements of Subsection (a) hereof, the application shall state:

(1) The reason why such will cannot be produced.

(2) The contents of such will, as far as known.

(3) The date of such will and the executor appointed therein, if any, as far as known.

(4) The name, age, marital status, and address, if known, and the relationship to the decedent, if any, of each devisee, and of each person who would inherit as an heir in the absence of a valid will, and, in cases of partial intestacy, of each heir.

(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1170, Sec. 5.05, eff. September 1, 2007.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 9, eff. Jan. 1, 1972; Acts 1987, 70th Leg., ch. 463, Sec. 1, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1035, Sec. 6, eff. Sept. 1, 1989; Acts 1997, 75th Leg., ch. 1302, Sec. 6, eff. Sept. 1, 1997. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1170 , Sec. 5.05, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 633 , Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 10(a), eff. January 1, 2014. Acts 2011, 82nd Leg., R.S., Ch. 1338 , Sec. 1.15, eff. September 1, 2011.