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Texas Estates Code - EST § 501.002. Application for Ancillary Probate of Foreign Will

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) An application for ancillary probate in this state of a foreign will admitted to probate or otherwise established in the jurisdiction in which the testator was domiciled at the time of the testator's death is required to indicate only that probate in this state is requested on the basis of the authenticated copy of the foreign proceedings in which the will was admitted to probate or otherwise established.

(b) An application for ancillary probate in this state of a foreign will that has been admitted to probate or otherwise established in a jurisdiction other than the jurisdiction in which the testator was domiciled at the time of the testator's death must:

(1) include all information required for an application for probate of a domestic will;  and

(2) state the name and address of:

(A) each devisee;  and

(B) each person who would be entitled to a portion of the estate as an heir in the absence of a will.

(c) An application described by Subsection (a) or (b) must include for filing a copy of the foreign will and the judgment, order, or decree by which the will was admitted to probate or otherwise established.  The copy must:

(1) be attested by and with the original signature of the court clerk or other official who has custody of the will or who is in charge of probate records;

(2) include a certificate with the original signature of the judge or presiding magistrate of the court stating that the attestation is in proper form;  and

(3) have the court seal affixed, if a court seal exists.

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Cite this article: FindLaw.com - Texas Estates Code - EST § 501.002. Application for Ancillary Probate of Foreign Will - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-501-002/

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