Tex.
Est. Code Section 256.152
Additional Proof Required for Probate of Will
(a)
An applicant for the probate of a will must prove the following to the court’s satisfaction, in addition to the proof required by Section 256.151 (General Proof Requirements), to obtain the probate:(1)
the testator did not revoke the will; and(2)
if the will is not self-proved, the testator:(A)
executed the will with the formalities and solemnities and under the circumstances required by law to make the will valid; and(B)
at the time of executing the will, was of sound mind and:(i)
was 18 years of age or older;(ii)
was or had been married; or(iii)
was a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.(b)
A will that is self-proved as provided by Subchapter C, Chapter 251 (Fundamental Requirements and Provisions Relating to Wills), that is self-proved in accordance with the law of another state or foreign country where the will was executed, as that law existed at the time of the will’s execution, or that is self-proved in accordance with the law of another state or foreign country where the testator was domiciled or had a place of residence, as that law existed at the time of the will’s execution or the time of the testator’s death, is not required to have any additional proof that the will was executed with the formalities and solemnities and under the circumstances required to make the will valid.(c)
As an alternative to Subsection (b), a will is considered self-proved without further evidence of the law of any state or foreign country if:(1)
the will was executed in another state or a foreign country or the testator was domiciled or had a place of residence in another state or a foreign country at the time of the will’s execution or the time of the testator’s death; and(2)
the will, or an affidavit of the testator and attesting witnesses attached or annexed to the will, provides that:(A)
the testator declared that the testator signed the instrument as the testator’s will, the testator signed it willingly or willingly directed another to sign for the testator, the testator executed the will as the testator’s free and voluntary act for the purposes expressed in the instrument, the testator is of sound mind and under no constraint or undue influence, and the testator is eighteen years of age or over or, if under that age, was or had been lawfully married, or was then a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service; and(B)
the witnesses declared that the testator signed the instrument as the testator’s will, the testator signed it willingly or willingly directed another to sign for the testator, each of the witnesses, in the presence and hearing of the testator, signed the will as witness to the testator’s signing, and to the best of their knowledge the testator was of sound mind and under no constraint or undue influence, and the testator was eighteen years of age or over or, if under that age, was or had been lawfully married, or was then a member of the armed forces of the United States, an auxiliary of the armed forces of the United States, or the United States Maritime Service.
Source:
Section 256.152 — Additional Proof Required for Probate of Will, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.256.htm#256.152 (accessed Jun. 5, 2024).
