(a) Except as provided by Subsection (b), all testimony taken in open court on the hearing of an application to probate a will must be:
(1) committed to writing at the time the testimony is taken;
(2) subscribed and sworn to in open court by the witness; and
(3) filed by the clerk.
(b) In a contested case, the court, on the agreement of the parties or, if there is no agreement, on the court’s own motion, may waive the requirements of Subsection (a).

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Terms Used In Texas Estates Code 256.157

  • 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
  • Probate: Proving a will
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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