Texas Laws - Probate Code

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. (988)(1-click HTML)

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. (989)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (990)

Text of article effective until January 01, 2014 (991)

(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. (992)

(b) For the appointment of the executor named in the will. (993)

(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. (994)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (995)

Text of article effective until January 01, 2014 (996)

(a) To the person named as executor in the will of the deceased. (997)

(b) To the surviving husband or wife. (998)

(c) To the principal devisee or legatee of the testator. (999)

(d) To any devisee or legatee of the testator. (1000)

(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. (1001)

(f) To a creditor of the deceased. (1002)

(g) To any person of good character residing in the county who applies therefor. (1003)

(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. (1004)

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. (1005)

Text of article effective until January 01, 2014 (1006)

(a) An incapacitated person; (1007)

(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; (1008)

(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; (1009)

(d) A corporation not authorized to act as a fiduciary in this State; or (1010)

(e) A person whom the court finds unsuitable. (1011)

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. (1012)

Text of article effective until January 01, 2014 (1013)


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