Tex.
Est. Code Section 202.151
Evidence in Proceeding to Declare Heirship
(a)
The court may require that any testimony admitted as evidence in a proceeding to declare heirship be reduced to writing and subscribed and sworn to by the witnesses, respectively.(b)
Except as provided by Subsection (c), in a proceeding to declare heirship, testimony regarding a decedent’s heirs and family history must be taken:(1)
from two disinterested and credible witnesses in open court;(2)
by deposition in accordance with Section 51.203 (Service of Notice of Intention to Take Depositions in Certain Matters);(3)
by a recorded statement of facts contained in:(A)
an affidavit or instrument that satisfies the requirements of Section 203.001 (Recorded Statement of Facts as Prima Facie Evidence of Heirship); or(B)
a judgment of a court of record as specified by Section 203.001 (Recorded Statement of Facts as Prima Facie Evidence of Heirship)(a)(1)(B); or(4)
in accordance with the Texas Rules of Civil Procedure.(c)
If it is shown to the court’s satisfaction in a proceeding to declare heirship that, after a diligent search was made, only one disinterested and credible witness can be found who can make the required proof in the proceeding, the testimony of that witness must be taken:(1)
in open court;(2)
by deposition in accordance with Section 51.203 (Service of Notice of Intention to Take Depositions in Certain Matters);(3)
by a recorded statement of facts contained in:(A)
an affidavit or instrument that satisfies the requirements of Section 203.001 (Recorded Statement of Facts as Prima Facie Evidence of Heirship); or(B)
a judgment of a court of record as specified by Section 203.001 (Recorded Statement of Facts as Prima Facie Evidence of Heirship)(a)(1)(B); or(4)
in accordance with the Texas Rules of Civil Procedure.(d)
Notwithstanding any other law, a person interested in an estate solely because the person is a creditor or has a claim against the estate may serve as a witness under this section if the person is otherwise a credible witness.
Source:
Section 202.151 — Evidence in Proceeding to Declare Heirship, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.202.htm#202.151 (accessed Apr. 29, 2024).
