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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) The court may require that any testimony admitted as evidence in a proceeding to declare heirship be reduced to writing and subscribed and sworn to by the witnesses, respectively.
(b) Except as provided by Subsection (c), in a proceeding to declare heirship, testimony regarding a decedent's heirs and family history must be taken:
(1) from two disinterested and credible witnesses in open court;
(2) by deposition in accordance with Section 51.203;
(3) by a recorded statement of facts contained in:
(A) an affidavit or instrument that satisfies the requirements of Section 203.001; or
(B) a judgment of a court of record as specified by Section 203.001(a)(1)(B); or
(4) in accordance with the Texas Rules of Civil Procedure.
(c) If it is shown to the court's satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken:
(1) in open court;
(2) by deposition in accordance with Section 51.203;
(3) by a recorded statement of facts contained in:
(A) an affidavit or instrument that satisfies the requirements of Section 203.001; or
(B) a judgment of a court of record as specified by Section 203.001(a)(1)(B); or
(4) in accordance with the Texas Rules of Civil Procedure.
(d) Notwithstanding any other law, a person interested in an estate solely because the person is a creditor or has a claim against the estate may serve as a witness under this section if the person is otherwise a credible witness.
Cite this article: FindLaw.com - Texas Estates Code - EST § 202.151. Evidence in Proceeding to Declare Heirship - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-202-151/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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