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Texas Laws | Probate Code
CHAPTER V. PROBATE AND GRANT OF ADMINISTRATION
PART 1. ESTATES OF DECEDENTS

Text of article effective until January 01, 2014 (978)

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. (979)(Text)

(980)

(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. (981)

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. (982)

Text of article effective until January 01, 2014 (983)

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. (984)(Text)

(985)

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. (986)

Text of article effective until January 01, 2014 (987)

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)(Text)

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)

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