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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 1. ESTATES OF DECEDENTS |
Sec. 88. PROOF REQUIRED FOR PROBATE AND ISSUANCE OF LETTERS TESTAMENTARY OR OF ADMINISTRATION
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(a) General Proof. Whenever an applicant seeks to probate a will or to obtain issuance of letters testamentary or of administration, he must first prove to the satisfaction of the court:
(1) That the person is dead, and that four years have not elapsed since his decease and prior to the application; and
(2) That the court has jurisdiction and venue over the estate; and
(3) That citation has been served and returned in the manner and for the length of time required by this Code; and
(4) That the person for whom letters testamentary or of administration are sought is entitled thereto by law and is not disqualified.
(b) Additional Proof for Probate of Will. To obtain probate of a will, the applicant must also prove to the satisfaction of the court:
(1) If the will is not self-proved as provided by this Code, that the testator, at the time of executing the will, was at least eighteen years of age, or was or had been lawfully married, or was a member of the armed forces of the United States or of the auxiliaries thereof, or of the Maritime Service of the United States, and was of sound mind; and
(2) If the will is not self-proved as provided by this Code, that the testator executed the will with the formalities and solemnities and under the circumstances required by law to make it a valid will; and
(3) That such will was not revoked by the testator.
(c) Additional Proof for Issuance of Letters Testamentary. If letters testamentary are to be granted, it must appear to the court that proof required for the probate of the will has been made, and, in addition, that the person to whom the letters are to be granted is named as executor in the will.
(d) Additional Proof for Issuance of Letters of Administration. If letters of administration are to be granted, the applicant must also prove to the satisfaction of the court that there exists a necessity for an administration upon such estate.
(e) Proof Required Where Prior Letters Have Been Granted. If letters testamentary or of administration have previously been granted upon the estate, the applicant need show only that the person for whom letters are sought is entitled thereto by law and is not disqualified.