CHAPTER V. PROBATE AND GRANT OF ADMINISTRATION - Texas Statutes

PROBATE CODE

CHAPTER V. PROBATE AND GRANT OF ADMINISTRATION

PART 1. ESTATES OF DECEDENTS

Text of article effective until January 01, 2014

Sec. 72. PROCEEDINGS BEFORE DEATH; ADMINISTRATION IN ABSENCE OF

DIRECT EVIDENCE OF DEATH; DISTRIBUTION; LIMITATION OF LIABILITY;

RESTORATION OF ESTATE; VALIDATION OF PROCEEDINGS. (a) The

probate of a will or administration of an estate of a living

person shall be void; provided, however, that the court shall

have jurisdiction to determine the fact, time and place of death,

and where application is made for the grant of letters

testamentary or of administration upon the estate of a person

believed to be dead and there is no direct evidence that such

person is dead but the death of such person shall be proved by

circumstantial evidence to the satisfaction of the court, such

letters shall be granted. Distribution of the estate to the

persons entitled thereto shall not be made by the personal

representative until after the expiration of three (3) years from

the date such letters are granted. If in a subsequent action such

person shall be proved by direct evidence to have been living at

any time subsequent to the date of grant of such letters, neither

the personal representative nor anyone who shall deliver said

estate or any part thereof to another under orders of the court

shall be liable therefor; and provided further, that such person

shall be entitled to restoration of said estate or the residue

thereof with the rents and profits therefrom, except real or

personal property sold by the personal representative or any

distributee, his successors or assigns, to bona fide purchasers

for value, in which case the right of such person to the

restoration shall be limited to the proceeds of such sale or the

residue thereof with the increase thereof. In no event shall the

bonds of such personal representative be void provided, however,

that the surety shall have no liability for any acts of the

personal representative which were done in compliance with or

approved by an order of the court. Probate proceedings upon

estates of persons believed to be dead brought prior to the

effective date of this Act and all such probate proceedings then

pending, except such probate proceedings contested in any

litigation pending on the effective date of this Act, are hereby

validated insofar as the court's finding of death of such person

is concerned.

(b) In any case in which the fact of death must be proved by

circumstantial evidence, the court, at the request of any

interested person, may direct that citation be issued to the

person supposed to be dead, and served upon him by publication

and by posting, and by such additional means as the court may by

its order direct. After letters testamentary or of administration

have been issued, the court may also direct the personal

representative to make a search for the person supposed to be

dead by notifying law enforcement agencies and public welfare

agencies in appropriate locations that such person has

disappeared, and may further direct that the applicant engage the

services of an investigative agency to make a search for such

person. The expenses of search and notices shall be taxed as

costs and shall be paid out of the property of the estate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1959, 56th Leg., p. 950, ch. 442, Sec. 1, eff. May 30,

1959; Acts 1971, 62nd Leg., p. 975, ch. 173, Sec. 7, eff. Jan. 1,

1972.

Text of article effective until January 01, 2014

Sec. 73. PERIOD FOR PROBATE. (a) No will shall be admitted to

probate after the lapse of four years from the death of the

testator unless it be shown by proof that the party applying for

such probate was not in default in failing to present the same

for probate within the four years aforesaid; and in no case shall

letters testamentary be issued where a will is admitted to

probate after the lapse of four years from the death of the

testator.

(b) If any person shall purchase real or personal property from

the heirs of a decedent more than four years from the date of the

death of the decedent, for value, in good faith, and without

knowledge of the existence of a will, such purchaser shall be

held to have good title to the interest which such heir or heirs

would have had in the absence of a will, as against the claims of

any devisees or legatees under any will which may thereafter be

offered for probate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 8, eff. Jan. 1,

1972.

Text of article effective until January 01, 2014

Sec. 74. TIME TO FILE APPLICATION FOR LETTERS TESTAMENTARY OR

ADMINISTRATION. All applications for the grant of letters

testamentary or of administration upon an estate must be filed

within four years after the death of the testator or intestate;

provided, that this section shall not apply in any case where

administration is necessary in order to receive or recover funds

or other property due to the estate of the decedent.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1971, 62nd Leg., p. 976, ch. 173, Sec. 8, eff. Jan. 1,

1972.

Text of article effective until January 01, 2014

Sec. 75. DUTY AND LIABILITY OF CUSTODIAN OF WILL. Upon receiving

notice of the death of a testator, the person having custody of

the testator's will shall deliver it to the clerk of the court

which has jurisdiction of the estate. On sworn written complaint

that any person has the last will of any testator, or any papers

belonging to the estate of a testator or intestate, the county

judge shall cause said person to be cited by personal service to

appear before him and show cause why he should not deliver such

will to the court for probate, or why he should not deliver such

papers to the executor or administrator. Upon the return of such

citation served, unless delivery is made or good cause shown, if

satisfied that such person had such will or papers at the time of

filing the complaint, such judge may cause him to be arrested and

imprisoned until he shall so deliver them. Any person refusing to

deliver such will or papers shall also be liable to any person

aggrieved for all damages sustained as a result of such refusal,

which damages may be recovered in any court of competent

jurisdiction.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 76. PERSONS WHO MAY MAKE APPLICATION. An executor named in

a will or any interested person may make application to the court

of a proper county:

(a) For an order admitting a will to probate, whether the same is

written or unwritten, in his possession or not, is lost, is

destroyed, or is out of the State.

(b) For the appointment of the executor named in the will.

(c) For the appointment of an administrator, if no executor is

designated in the will, or if the person so named is

disqualified, or refuses to serve, or is dead, or resigns, or if

there is no will. An application for probate may be combined with

an application for the appointment of an executor or

administrator; and a person interested in either the probate of

the will or the appointment of a personal representative may

apply for both.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 77. ORDER OF PERSONS QUALIFIED TO SERVE. Letters

testamentary or of administration shall be granted to persons who

are qualified to act, in the following order:

(a) To the person named as executor in the will of the deceased.

(b) To the surviving husband or wife.

(c) To the principal devisee or legatee of the testator.

(d) To any devisee or legatee of the testator.

(e) To the next of kin of the deceased, the nearest in order of

descent first, and so on, and next of kin includes a person and

his descendants who legally adopted the deceased or who have been

legally adopted by the deceased.

(f) To a creditor of the deceased.

(g) To any person of good character residing in the county who

applies therefor.

(h) To any other person not disqualified under the following

Section. When applicants are equally entitled, letters shall be

granted to the applicant who, in the judgment of the court, is

most likely to administer the estate advantageously, or they may

be granted to any two or more of such applicants.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1763, ch. 713, Sec. 34, eff. Aug. 27,

1979.

Text of article effective until January 01, 2014

Sec. 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR

ADMINISTRATOR. No person is qualified to serve as an executor or

administrator who is:

(a) An incapacitated person;

(b) A convicted felon, under the laws either of the United States

or of any state or territory of the United States, or of the

District of Columbia, unless such person has been duly pardoned,

or his civil rights restored, in accordance with law;

(c) A non-resident (natural person or corporation) of this State

who has not appointed a resident agent to accept service of

process in all actions or proceedings with respect to the estate,

and caused such appointment to be filed with the court;

(d) A corporation not authorized to act as a fiduciary in this

State; or

(e) A person whom the court finds unsuitable.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1957, 55th Leg., p. 53, ch. 31, Sec. 2a, eff. Aug. 22,

1957; Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 7, eff. June

12, 1969; Acts 1995, 74th Leg., ch. 1039, Sec. 7, eff. Sept. 1,

1995.

Text of article effective until January 01, 2014

Sec. 79. WAIVER OF RIGHT TO SERVE. The surviving husband or

wife, or, if there be none, the heirs or any one of the heirs of

the deceased to the exclusion of any person not equally entitled,

may, in open court, or by power of attorney duly authenticated

and filed with the county clerk of the county where the

application is filed, renounce his right to letters testamentary

or of administration in favor of another qualified person, and

thereupon the court may grant letters to such person.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 80. PREVENTION OF ADMINISTRATION. (a) Method of Prevention.

When application is made for letters of administration upon an

estate by a creditor, and other interested persons do not desire

an administration thereupon, they can defeat such application:

(1) By the payment of the claim of such creditor; or

(2) By proof to the satisfaction of the court that such claim is

fictitious, fraudulent, illegal, or barred by limitation; or

(3) By executing a bond payable to, and to be approved by, the

judge in double the amount of such creditor's debt, conditioned

that the obligors will pay the debt of such applicant upon the

establishment thereof by suit in any court in the county having

jurisdiction of the amount.

(b) Filing of Bond. The bond provided for, when given and

approved, shall be filed with the county clerk, and any creditor

for whose protection it was executed may sue thereon in his own

name for the recovery of his debt.

(c) Bond Secured by Lien. A lien shall exist on all of the estate

in the hands of the distributees of such estate, and those

claiming under them with notice of such lien, to secure the

ultimate payment of the bond provided for herein.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10 effective January 1, 2014

Sec. 81. CONTENTS OF APPLICATION FOR LETTERS TESTAMENTARY.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

633, Sec. 1

(a) For Probate of a Written Will. 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, whether by divorce, annulment, or a

declaration that the marriage was void, 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.

Text of article effective until January 01, 2014

Sec. 82. CONTENTS OF APPLICATION FOR LETTERS OF ADMINISTRATION.

An application for letters of administration when no will is

alleged to exist shall state:

(a) The name and domicile of the applicant, relationship to the

decedent, if any, and that the applicant is not disqualified by

law to act as administrator;

(b) The name and intestacy of the decedent, and the fact, time

and place of death;

(c) Facts necessary to show venue in the court to which the

application is made;

(d) Whether the decedent owned real or personal property, with a

statement of its probable value;

(e) The name, age, marital status and address, if known, and the

relationship, if any, of each heir to the decedent;

(f) If known by the applicant at the time of the filing of the

application, whether children were born to or adopted by the

decedent, with the name and the date and place of birth of each;

(g) If known by the applicant at the time of the filing of the

application, whether the decedent was ever divorced, and if so,

when and from whom; and

(h) That a necessity exists for administration of the estate,

alleging the facts which show such necessity.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1979, 66th Leg., p. 1746, ch. 713, Sec. 13, eff. Aug. 27,

1979; Acts 1987, 70th Leg., ch. 463, Sec. 2, eff. Sept. 1, 1987;

Acts 1997, 75th Leg., ch. 1302, Sec. 7, eff. Sept. 1, 1997.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1170, Sec. 5.01, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 83. PROCEDURE PERTAINING TO A SECOND APPLICATION. (a) Where

Original Application Has Not Been Heard. If, after an application

for the probate of a will or for the appointment of a general

personal representative has been filed, and before such

application has been heard, an application for the probate of a

will of the decedent, not theretofore presented for probate, is

filed, the court shall hear both applications together and

determine what instrument, if any, should be admitted to probate,

or whether the decedent died intestate.

(b) Where First Will Has Been Admitted to Probate. If, after a

will has been admitted to probate, an application for the probate

of a will of the decedent, not theretofore presented for probate,

is filed, the court shall determine whether the former probate

should be set aside, and whether such other will should be

admitted to probate, or whether the decedent died intestate.

(c) Where Letters of Administration Have Been Granted. Whenever

letters of administration shall have been granted upon an estate,

and it shall afterwards be discovered that the deceased left a

lawful will, such will may be proved in the manner provided for

the proof of wills; and, if an executor is named in such will,

and he is not disqualified, he shall be allowed to qualify and

accept as such executor, and the letters previously granted shall

be revoked; but, if no such executor be named in the will, or if

the executor named be disqualified, be dead, or shall renounce

the executorship, or shall fail or be unable to accept and

qualify within twenty days after the date of the probate of the

will, or shall fail for a period of thirty days after the

discovery of such will to present it for probate, then

administration with the will annexed of the estate of such

testator shall be granted as in other cases. All acts done by

the first administrator, prior to the qualification of the

executor or of the administrator with the will annexed, shall be

as valid as if no such will had been discovered.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1170, Sec. 7.01, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 84. PROOF OF WRITTEN WILL PRODUCED IN COURT. (a)

Self-Proved Will. If a will is self-proved as provided in this

Code, no further proof of its execution with the formalities and

solemnities and under the circumstances required to make it a

valid will shall be necessary.

(b) Attested Written Will. If not self-proved as provided in this

Code, an attested written will produced in court may be proved:

(1) By the sworn testimony or affidavit of one or more of the

subscribing witnesses thereto, taken in open court.

(2) If all the witnesses are non-residents of the county, or

those who are residents are unable to attend court, by the sworn

testimony of any one or more of them by deposition, either

written or oral, taken in the same manner and under the same

rules as depositions taken in other civil actions; or, if no

opposition in writing to such will is filed on or before the date

set for hearing thereon, then by the sworn testimony or affidavit

of two witnesses taken in open court, or by deposition in the

manner provided herein, to the signature or the handwriting

evidenced thereby of one or more of the attesting witnesses, or

of the testator, if he signed the will; or, if it be shown under

oath to the satisfaction of the court that, diligent search

having been made, only one witness can be found who can make the

required proof, then by the sworn testimony or affidavit of such

one taken in open court, or by deposition in the manner provided

herein, to such signatures or handwriting.

(3) If none of the witnesses is living, or if all of such

witnesses are members of the armed forces of the United States of

America or of any auxiliary thereof, or of the armed forces

reserve of the United States of America or of any auxiliary

thereof, or of the Maritime Service, and are beyond the

jurisdiction of the court, by two witnesses to the handwriting of

one or both of the subscribing witnesses thereto, or of the

testator, if signed by him, and such proof may be either by sworn

testimony or affidavit taken in open court, or by deposition,

either written or oral, taken in the same manner and under the

same rules as depositions taken in other civil actions; or, if it

be shown under oath to the satisfaction of the court that,

diligent search having been made, only one witness can be found

who can make the required proof, then by the sworn testimony or

affidavit of such one taken in open court, or by deposition in

the manner provided herein, to such signatures or handwriting.

(c) Holographic Will. If not self-proved as provided in this

Code, a will wholly in the handwriting of the testator may be

proved by two witnesses to his handwriting, which evidence may be

by sworn testimony or affidavit taken in open court, or, if such

witnesses are non-residents of the county or are residents who

are unable to attend court, by deposition, either written or

oral, taken in the same manner and under the same rules as

depositions taken in other civil actions.

(d) Depositions if No Contest Filed. If no contest has been

filed, depositions for the purpose of establishing a will may be

taken in the same manner as provided in this Code for the taking

of depositions where there is no opposing party or attorney of

record upon whom notice and copies of interrogatories may be

served; and, in such event, this Subsection, rather than the

preceding portions of this Section which provide for the taking

of depositions under the same rules as depositions in other civil

actions, shall be applicable.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Amended by Acts 2003, 78th Leg., ch. 1060, Sec. 11, eff. Sept. 1,

2003.

Text of article effective until January 01, 2014

Sec. 85. PROOF OF WRITTEN WILL NOT PRODUCED IN COURT. A written

will which cannot be produced in court shall be proved in the

same manner as provided in the preceding Section for an attested

written will or an holographic will, as the case may be, and the

same amount and character of testimony shall be required to prove

such will as is required to prove a written will produced in

court; but, in addition thereto, the cause of its non-production

must be proved, and such cause must be sufficient to satisfy the

court that it cannot by any reasonable diligence be produced, and

the contents of such will must be substantially proved by the

testimony of a credible witness who has read the will, has heard

the will read, or can identify a copy of the will.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1170, Sec. 6.01, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 87. TESTIMONY TO BE COMMITTED TO WRITING. All testimony

taken in open court upon the hearing of an application to probate

a will shall be committed to writing at the time it is taken, and

subscribed, and sworn to in open court by the witness or

witnesses, and filed by the clerk; provided, however, that in any

contested case, the court may, upon agreement of the parties, and

in the event of no agreement on its own motion, dismiss this

requirement.

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.

Text of article effective until January 01, 2014

Sec. 88. PROOF REQUIRED FOR PROBATE AND ISSUANCE OF LETTERS

TESTAMENTARY OR OF ADMINISTRATION. (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.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 8, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 89. ACTION OF COURT ON PROBATED WILL. Upon the completion

of hearing of an application for the probate of a will, if the

Court be satisfied that such will should be admitted to probate,

an order to that effect shall be entered. Certified copies of

such will and the order , or of the record thereof, and the

record of testimony, may be recorded in other counties, and may

be used in evidence, as the original might be, on the trial of

the same matter in any other court, when taken there by appeal or

otherwise.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1961, 57th Leg., p. 1072, ch. 480, Sec. 1, eff. Aug. 28,

1961; Acts 1983, 68th Leg., p. 1155, ch. 260, Sec. 1, eff. Sept.

1, 1983; Acts 1993, 73rd Leg., ch. 846, Sec. 11, eff. Sept. 1,

1993.

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10 effective January 1, 2014

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

OF TITLE.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

634, Sec. 1

(a) A written will shall, if within the control of the

applicant, be filed with the application for probate as a

muniment of title, and shall remain in the custody of the county

clerk unless removed from the custody of the clerk by order of a

proper court. 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, whether by divorce, annulment, or a

declaration that the marriage was void, 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.

Text of article effective until January 01, 2014

Sec. 89B. PROOF REQUIRED FOR PROBATE OF A WILL AS A MUNIMENT OF

TITLE. (a) General Proof. Whenever an applicant seeks to probate

a will as a muniment of title, the applicant must first prove to

the satisfaction of the court:

(1) That the person is dead, and that four years have not elapsed

since the person's death 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 there are no unpaid debts owing by the estate of the

testator, excluding debts secured by liens on real estate.

(b) To obtain probate of a will as a muniment of title, 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 18

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 of the armed forces of the United States, 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.

Added by Acts 1997, 75th Leg., ch. 540, Sec. 1 eff. Sept. 1,

1997.

Text of article effective until January 01, 2014

Sec. 89C. PROBATE OF WILLS AS MUNIMENTS OF TITLE. (a) In each

instance where the court is satisfied that a will should be

admitted to probate, and where the court is further satisfied

that there are no unpaid debts owing by the estate of the

testator, excluding debts secured by liens on real estate, or for

other reason finds that there is no necessity for administration

upon such estate, the court may admit such will to probate as a

muniment of title.

(b) If a person who is entitled to property under the provisions

of the will cannot be ascertained solely by reference to the will

or if a question of construction of the will exists, on proper

application and notice as provided by Chapter 37, Civil Practice

and Remedies Code, the court may hear evidence and include in the

order probating the will as a muniment of title a declaratory

judgment construing the will or determining those persons who are

entitled to receive property under the will and the persons'

shares or interests in the estate. The judgment is conclusive in

any suit between any person omitted from the judgment and a bona

fide purchaser for value who has purchased real or personal

property after entry of the judgment without actual notice of the

claim of the omitted person to an interest in the estate. Any

person who has delivered property of the decedent to a person

declared to be entitled to the property under the judgment or has

engaged in any other transaction with the person in good faith

after entry of the judgment is not liable to any person for

actions taken in reliance on the judgment.

(c) The order admitting a will to probate as a muniment of title

shall constitute sufficient legal authority to all persons owing

any money to the estate of the decedent, having custody of any

property, or acting as registrar or transfer agent of any

evidence of interest, indebtedness, property, or right belonging

to the estate, and to persons purchasing from or otherwise

dealing with the estate, for payment or transfer, without

liability, to the persons described in such will as entitled to

receive the particular asset without administration. The person

or persons entitled to property under the provisions of such

wills shall be entitled to deal with and treat the properties to

which they are so entitled in the same manner as if the record of

title thereof were vested in their names.

(d) Unless waived by the court, before the 181st day, or such

later day as may be extended by the court, after the date a will

is admitted to probate as a muniment of title, the applicant for

probate of the will shall file with the clerk of the court a

sworn affidavit stating specifically the terms of the will that

have been fulfilled and the terms of the will that have been

unfulfilled. Failure of the applicant for probate of the will to

file such affidavit shall not otherwise affect title to property

passing under the terms of the will.

Added by Acts 1993, 73rd Leg., ch. 846, Sec. 12, eff. Sept. 1,

1993. Renumbered from V.A.T.S. Probate Code, Sec. 89A by Acts

1997, 75th Leg., ch. 540, Sec. 1, eff. Sept. 1, 1997.

Text of article effective until January 01, 2014

Sec. 90. CUSTODY OF PROBATED WILLS. All original wills, together

with the probate thereof, shall be deposited in the office of the

county clerk of the county wherein the same shall have been

probated, and shall there remain, except during such time as they

may be removed for inspection to another place upon order by the

court where probated. If the court shall order an original will

to be removed to another place for inspection, the person

removing such original will shall give a receipt therefor, and

the clerk of the court shall make and retain a copy of such

original will.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 91. WHEN WILL NOT IN CUSTODY OF COURT. If for any reason a

written will is not in the custody of the court, the court shall

find the contents thereof by written order, and certified copies

of same as so established by the court may be recorded in other

counties, and may be used in evidence, as in the case of

certified copies of written wills in the custody of the court.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1170, Sec. 5.02, eff. September 1, 2007.

Text of article effective until January 01, 2014

Sec. 92. PERIOD FOR PROBATE DOES NOT AFFECT SETTLEMENT. Where

letters testamentary or of administration shall have once been

granted, any person interested in the administration of the

estate may proceed, after any lapse of time, to compel settlement

of the estate when it does not appear from the record that the

administration thereof has been closed.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 93. PERIOD FOR CONTESTING PROBATE. After a will has been

admitted to probate, any interested person may institute suit in

the proper court to contest the validity thereof, within two

years after such will shall have been admitted to probate, and

not afterward, except that any interested person may institute

suit in the proper court to cancel a will for forgery or other

fraud within two years after the discovery of such forgery or

fraud, and not afterward. Provided, however, that incapacitated

persons shall have two years after the removal of their

disabilities within which to institute such contest.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 2001, 77th Leg., ch. 292, Sec. 3, eff. May 23, 2001.

Text of article effective until January 01, 2014

Sec. 94. NO WILL EFFECTUAL UNTIL PROBATED. Except as hereinafter

provided with respect to foreign wills, no will shall be

effectual for the purpose of proving title to, or the right to

the possession of, any real or personal property disposed of by

the will, until such will has been admitted to probate.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

PART 2. PROCEDURE PERTAINING TO FOREIGN WILLS

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10 effective January 1, 2014

Sec. 95. PROBATE OF FOREIGN WILL ACCOMPLISHED BY FILING AND

RECORDING. (a) Foreign Will May Be Probated. The written will of

a testator who was not domiciled in Texas at the time of his

death which would affect any real or personal property in this

State, may be admitted to probate upon proof that it stands

probated or established in any of the United States, its

territories, the District of Columbia, or any foreign nation.

(b) Application and Citation.

(1) Will probated in domiciliary jurisdiction. If a foreign will

has been admitted to probate or established in the jurisdiction

in which the testator was domiciled at the time of his death, the

application need state only that probate is requested on the

basis of the authenticated copy of the foreign proceedings in

which the will was probated or established. No citation or notice

is required.

(2) Will probated in non-domiciliary jurisdiction. If a foreign

will has been admitted to probate or established in any

jurisdiction other than the domicile of the testator at the time

of his death, the application for its probate shall contain all

of the information required in an application for the probate of

a domestic will, and shall also set out the name and address of

each devisee and each person who will be entitled to a portion of

the estate as an heir in the absence of a will. Citations shall

be issued and served on each such devisee and heir by registered

or certified mail.

(c) Copy of Will and Proceedings To Be Filed. A copy of the will

and of the judgment, order, or decree by which it was admitted to

probate or otherwise established, attested by and with the

original signature of the clerk of the court or of such other

official as has custody of such will or is in charge of probate

records, with the seal of the court affixed, if there is a seal,

together with a certificate containing the original signature of

the judge or presiding magistrate of such court that the said

attestation is in due form, shall be filed with the application.

Original signatures shall not be required for recordation in the

deed records pursuant to Sections 96 through 99 or Section 107 of

this code.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 6

(d) Probate Accomplished by Recording.

(1) Will admitted in domiciliary jurisdiction. If the will has

been probated or established in the jurisdiction in which the

testator was domiciled at the time of his death, it shall be the

ministerial duty of the clerk to record such will and the

evidence of its probate or establishment in the judge's probate

docket. No order of the court is necessary. When so filed and

recorded, the will shall be deemed to be admitted to probate, and

shall have the same force and effect for all purposes as if the

original will had been probated by order of the court, subject to

contest in the manner and to the extent hereinafter provided.

(2) Will admitted in non-domiciliary jurisdiction. If the will

has been probated or established in another jurisdiction not the

domicile of the testator, its probate in this State may be

contested in the same manner as if the testator had been

domiciled in this State at the time of his death. If no contest

is filed, the clerk shall record such will and the evidence of

its probate or establishment in the judge's probate docket, and

no order of the court shall be necessary. When so filed and

recorded, it shall be deemed to be admitted to probate, and shall

have the same force and effect for all purposes as if the

original will had been probated by order of the court, subject to

contest in the manner and to the extent hereafter provided.

(e) Effect of Foreign Will on Local Property. If a foreign will

has been admitted to probate or established in the jurisdiction

in which the testator was domiciled at the time of his death,

such will, when probated as herein provided, shall be effectual

to dispose of both real and personal property in this State

irrespective of whether such will was executed with the

formalities required by this Code.

(f) Protection of Purchasers. When a foreign will has been

probated in this State in accordance with the procedure

prescribed in this section for a will that has been admitted to

probate in the domicile of the testator, and it is later proved

in a proceeding brought for that purpose that the foreign

jurisdiction in which the will was admitted to probate was not in

fact the domicile of the testator, the probate in this State

shall be set aside. If any person has purchased property from the

personal representative or any legatee or devisee, in good faith

and for value, or otherwise dealt with any of them in good faith,

prior to the commencement of the proceeding, his title or rights

shall not be affected by the fact that the probate in this State

is subsequently set aside.

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 1999, 76th Leg., ch. 755, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 6, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10(a), eff. January 1, 2014.

Text of article effective until January 01, 2014

Sec. 96. FILING AND RECORDING FOREIGN WILL IN DEED RECORDS. When

any will or testamentary instrument conveying or in any manner

disposing of land in this State has been duly probated according

to the laws of any of the United States, or territories thereof,

or the District of Columbia, or of any country out of the limits

of the United States, a copy thereof and of its probate which

bears the attestation, seal and certificate required by the

preceding Section, may be filed and recorded in the deed records

in any county of this State in which said real estate is

situated, in the same manner as deeds and conveyances are

required to be recorded under the laws of this State, and without

further proof or authentication; provided that the validity of

such a will or testamentary instrument filed under this Section

may be contested in the manner and to the extent hereinafter

provided.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 97. PROOF REQUIRED FOR RECORDING IN DEED RECORDS. A copy of

such foreign will or testamentary instrument, and of its probate

attested as provided above, together with the certificate that

said attestation is in due form, shall be prima facie evidence

that said will or testamentary instrument has been duly admitted

to probate, according to the laws of the state, territory,

district, or country wherein it has allegedly been admitted to

probate, and shall be sufficient to authorize the same to be

recorded in the deed records in the proper county or counties in

this State.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 98. EFFECT OF RECORDING COPY OF WILL IN DEED RECORDS. Every

such foreign will, or testamentary instrument, and the record of

its probate, which shall be attested and proved, as hereinabove

provided, and delivered to the county clerk of the proper county

in this State to be recorded in the deed records, shall take

effect and be valid and effectual as a deed of conveyance of all

property in this State covered by said foreign will or

testamentary instrument; and the record thereof shall have the

same force and effect as the record of deeds or other conveyances

of land from the time when such instrument is delivered to the

clerk to be recorded, and from that time only.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 99. RECORDING IN DEED RECORDS SERVES AS NOTICE OF TITLE.

The record of any such foreign will, or testamentary instrument,

and of its probate, duly attested and proved and filed for

recording in the deed records of the proper county, shall be

notice to all persons of the existence of such will or

testamentary instrument, and of the title or titles conferred

thereby.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 100. CONTEST OF FOREIGN WILLS. (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.

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.

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10

Text of section as amended by Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 7

Without reference to the amendment of this section, this section

was repealed by Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10(a), eff. January 1, 2014.

Sec. 101. NOTICE OF CONTEST OF FOREIGN WILL. Within the time

permitted for the contest of a foreign will in this State,

verified notice may be filed and recorded in the judge's probate

docket of the court in this State in which the will was probated,

or the deed records of any county in this State in which such

will was recorded, that proceedings have been instituted to

contest the will in the foreign jurisdiction where it was

probated or established. Upon such filing and recording, the

force and effect of the probate or recording of the will shall

cease until verified proof is filed and recorded that the foreign

proceedings have been terminated in favor of the will, or that

such proceedings were never actually instituted.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

602, Sec. 7, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

680, Sec. 10(a), eff. January 1, 2014.

Text of article effective until January 01, 2014

Sec. 102. EFFECT OF REJECTION OF WILL IN DOMICILIARY PROCEEDINGS.

Final rejection of a will or other testamentary instrument from

probate or establishment in the jurisdiction in which the

testator was domiciled shall be conclusive in this State, except

where the will or other testamentary instrument has been rejected

solely for a cause which is not ground for rejection of a will of

a testator who died domiciled in this State, in which case the

will or testamentary instrument may nevertheless be admitted to

probate or continue to be effective in this State.

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.

Text of article effective until January 01, 2014

Sec. 103. ORIGINAL PROBATE OF FOREIGN WILL IN THIS STATE.

Original probate of the will of a testator who died domiciled

outside this State which, upon probate, may operate upon any

property in this State, and which is valid under the laws of this

State, may be granted in the same manner as the probate of other

wills is granted under this Code, if the will does not stand

rejected from probate or establishment in the jurisdiction where

the testator died domiciled, or if it stands rejected from

probate or establishment in the jurisdiction where the testator

died domiciled solely for a cause which is not ground for

rejection of a will of a testator who died domiciled in this

State. The court may delay passing on the application for probate

of a foreign will pending the result of probate or establishment,

or of a contest thereof, at the domicile of the testator.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.

Text of article effective until January 01, 2014

Sec. 104. PROOF OF FOREIGN WILL IN ORIGINAL PROBATE PROCEEDING.

If a testator dies domiciled outside this State, a copy of his

will, authenticated in the manner required by this Code, shall be

sufficient proof of the contents of the will to admit it to

probate in an original proceeding in this State if no objection

is made thereto. This Section does not authorize the probate of

any will which would not otherwise be admissible to probate, or,

in case objection is made to the will, relieve the proponent from

offering proof of the contents and legal sufficiency of the will

as otherwise required, except that the original will need not be

produced unless the court so orders.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 105. EXECUTOR OF WILL PROBATED IN ANOTHER JURISDICTION.

When a foreign will is admitted to ancillary probate in

accordance with Section 95 of this Code, the executor named in

such will shall be entitled to receive, upon application, letters

testamentary upon proof that he has qualified as such in the

jurisdiction in which the will was admitted to probate, and that

he is not disqualified to serve as executor in this State. After

such proof is made, the court shall enter an order directing that

ancillary letters testamentary be issued to him. If letters of

administration have previously been granted by such court in this

State to any other person, such letters shall be revoked upon the

application of the executor after personal service of citation

upon the person to whom such letters were granted.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 105A. APPOINTMENT AND SERVICE OF FOREIGN BANKS AND TRUST

COMPANIES IN FIDUCIARY CAPACITY. (a) A corporate fiduciary that

does not have its main office or a branch office in this state,

hereinafter called "foreign corporate fiduciaries", having the

corporate power to so act, may be appointed and may serve in the

State of Texas as trustee (whether of a personal or corporate

trust), executor, administrator, guardian of the estate, or in

any other fiduciary capacity, whether the appointment be by will,

deed, agreement, declaration, indenture, court order or decree,

or otherwise, when and to the extent that the home state of the

corporate fiduciary grants authority to serve in like fiduciary

capacity to a corporate fiduciary whose home state is this state.

(b) Before qualifying or serving in the State of Texas in any

fiduciary capacity, as aforesaid, such a foreign corporate

fiduciary shall file in the office of the Secretary of the State

of the State of Texas (1) a copy of its charter, articles of

incorporation or of association, and all amendments thereto,

certified by its secretary under its corporate seal; (2) a duly

executed instrument in writing, by its terms of indefinite

duration and irrevocable, appointing the Secretary of State and

his successors its agent for service of process upon whom all

notices and processes issued by any court of this state may be

served in any action or proceeding relating to any trust, estate,

fund or other matter within this state with respect to which such

foreign corporate fiduciary is acting in any fiduciary capacity,

including the acts or defaults of such foreign corporate

fiduciary with respect to any such trust, estate or fund; and (3)

a written certificate of designation, which may be changed from

time to time thereafter by the filing of a new certificate of

designation, specifying the name and address of the officer,

agent or other person to whom such notice or process shall be

forwarded by the Secretary of State. Upon receipt of such notice

or process, it shall be the duty of the Secretary of State

forthwith to forward same by registered or certified mail to the

officer, agent or other person so designated. Service of notice

or process upon the Secretary of State as agent for such a

foreign corporate fiduciary shall in all ways and for all

purposes have the same effect as if personal service had been had

within this state upon such foreign corporate fiduciary.

(c) Any foreign corporate fiduciary acting in a fiduciary

capacity in this state in strict accordance with the provisions

of this Section shall not be deemed to be doing business in the

State of Texas within the meaning of Article 8.01 of the Texas

Business Corporation Act; and shall be deemed qualified to serve

in such capacity under the provisions of Section 105 of this

Code.

(d) The provisions hereof are in addition to, and not a

limitation on, the provisions of Subtitle F or G, Title 3,

Finance Code.

(e) Any foreign corporate fiduciary which shall violate any

provision of this Section 105a shall be guilty of a misdemeanor

and, upon conviction thereof, shall be subject to a fine of not

exceeding Five Thousand Dollars ($5,000.00), and may, in the

discretion of the court, be prohibited from thereafter serving in

this state in any fiduciary capacity.

Added by Acts 1961, 57th Leg., p. 46, ch. 31, Sec. 1, eff. Aug.

28, 1961. Amended by Acts 1995, 74th Leg., ch. 914, Sec. 10, eff.

Sept. 1, 1995; Acts 1997, 75th Leg., ch. 769, Sec. 5, eff. Sept.

1, 1997; Acts 1999, 76th Leg., ch. 344, Sec. 6.002, eff; Sept. 1,

1999; Acts 2001, 77th Leg., ch; 1420, Sec. 6.029, eff. Sept. 1,

2001.

Text of article effective until January 01, 2014

Sec. 106. WHEN FOREIGN EXECUTOR TO GIVE BOND. A foreign executor

shall not be required to give bond if the will appointing him so

provides. If the will does not exempt him from giving bond, the

provisions of this Code with respect to the bonds of domestic

representatives shall be applicable.

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.

Text of article effective until January 01, 2014

Sec. 107. POWER OF SALE OF FOREIGN EXECUTOR OR TRUSTEE. When by

any foreign will recorded in the deed records of any county in

this state in the manner provided herein, power is given an

executor or trustee to sell any real or personal property

situated in this state, no order of a court of this state shall

be necessary to authorize such executor or trustee to make such

sale and execute proper conveyance, and whenever any particular

directions are given by a testator in any such will respecting

the sale of any such property situated in this state, belonging

to his estate, the same shall be followed unless such directions

have been annulled or suspended by order of a court of competent

jurisdiction.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended

by Acts 1969, 61st Leg., p. 1925, ch. 641, Sec. 9, eff. June 12,

1969.

Text of article effective until January 01, 2014

Sec. 107A. SUIT FOR THE RECOVERY OF DEBTS BY A FOREIGN EXECUTOR

OR ADMINISTRATOR. (a) On giving notice by registered or

certified mail to all creditors of the decedent in this state who

have filed a claim against the estate of the decedent for a debt

due to the creditor, a foreign executor or administrator of a

person who was a nonresident at the time of death may prosecute a

suit in this state for the recovery of debts due to the decedent.

(b) The plaintiff's letters testamentary or letters of

administration granted by a competent tribunal, properly

authenticated, shall be filed with the suit.

(c) By filing suit in this state for the recovery of a