Texas Estates Code 504.001 – Grounds for Contesting Foreign Will Probated in Domiciliary Jurisdiction
(a) Subject to Subsection (b), an interested person may contest a foreign will that has been:
(1) admitted to probate or established in the jurisdiction in which the testator was domiciled at the time of the testator’s death; and
(2) admitted to probate in this state or filed in the deed records of any county of this state.
(b) A will described by Subsection (a) may be contested only on the grounds that:
(1) the proceedings in the jurisdiction in which the testator was domiciled at the time of the testator’s death were not authenticated in the manner required for ancillary probate or recording in the deed records in this state;
(2) the will has been finally rejected for probate in this state in another proceeding; or
(3) the probate of the will has been set aside in the jurisdiction in which the testator was domiciled at the time of the testator’s death.
Terms Used In Texas Estates Code 504.001
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Testator: A male person who leaves a will at death.