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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) A will that cannot be produced in court must be proved in the same manner as provided in Section 256.153 for an attested will or Section 256.154 for a holographic will, as applicable. The same amount and character of testimony is required to prove the will not produced in court as is required to prove a will produced in court.
(b) In addition to the proof required by Subsection (a):
(1) the cause of the nonproduction of a will not produced in court must be proved, which must be sufficient to satisfy the court that the will cannot by any reasonable diligence be produced; and
(2) the contents of the will must be substantially proved by the testimony of a credible witness who has read either the original or a copy of the will, has heard the will read, or can identify a copy of the will.
Cite this article: FindLaw.com - Texas Estates Code - EST § 256.156. Proof of Will Not Produced in Court - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-256-156/
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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