Sec. 89A. CONTENTS OF APPLICATION FOR PROBATE OF WILL AS MUNIMENT OF TITLE    


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  • An application for probate of a will as a muniment of title 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 property generally, and stating its probable value.

    (5) The date of the will, the name and residence of the executor named in the will, if any, and 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 there are no unpaid debts owing by the estate of the testator, excluding debts secured by liens on real estate.

    (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 the applicant, 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) When a written will cannot be produced in court, in addition to the requirements of Subsection (a) of this section, the application shall state:

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

    (2) The contents of such will, to the extent known.

    (3) The date of such will and the executor appointed in the will, if any, to the extent 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    (c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1170, Sec. 5.05, eff.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.

Added by Acts 1997, 75th Leg., ch. 540, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 10, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1170 , Sec. 5.05, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 634 , 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. 1.18, eff. September 1, 2011.