(C) in the case of partial intestacy, each heir of the testator.
Additional Requirements:
(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.
Application to Probate Will with Will annexed
If the will does not name an executor, or the named executor is not able to serve, you
need to file consents from beneficiaries consenting to appointment of administrator with
will annexed and to the independent administration, if applicable
Probate of Will as Muniment of Title- Required documents for hearing
Oath of No Debts, Proof of Death/Testimony of Witnesses, Proposed Order (include
Medicaid benefits and no unpaid debts provisions)
What are the additional requirements for application to probate will when it has been
longer than 4 years after Decedent’s death and the date of the filing of the application?
You must adhere to Texas Estates Code 258.051- The application must include all heirs
at law. You must send the application and notice to all heirs, including a statement that
the estate would pass to the heirs if the will is not admitted. You then need to file the
return of service for all heirs.
You must state in application the reason why the applicant is not in default for failure to
probate will within 4 years.
258.052: if cannot ascertain address of heirs (after 4 years app), must appoint AAL to
represent their interests
Deposition on Written Questions
Sec. 51.203. SERVICE OF NOTICE OF INTENTION TO TAKE DEPOSITIONS IN
CERTAIN MATTERS. (a) If a will is to be probated, or in another probate matter in which
there is no opposing party or attorney of record on whom to serve notice and copies of
interrogatories, service may be made by:
* posting notice of the intention to take depositions for a period of 10 days as provided by
Section 51.053 governing a posting of notice.
(b) When notice by posting under Subsection (a) is filed with the county clerk, a copy of the
interrogatories must also be filed.