Texas Estates Code 1104.157 – Proof of Declaration
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(a) The court may admit a declaration that is self-proved into evidence without the testimony of witnesses attesting to the competency of the declarant and the execution of the declaration. Additional proof of the execution of the declaration with the formalities and solemnities and under the circumstances required to make it a valid declaration is not necessary.
(b) A declaration described by § 1104.152(a)(1) that is not self-proved may be proved in the same manner that a will written wholly in the testator‘s handwriting is proved under § 256.154.
Terms Used In Texas Estates Code 1104.157
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testator: A male person who leaves a will at death.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) A declaration described by § 1104.152(a)(2) that is not self-proved may be proved in the same manner that an attested written will produced in court is proved under § 256.153.