Sec. 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 ; (3) by a recorded statement of facts contained in: (A) an affidavit or instrument that satisfies the requirements of Section 203.001 ; or (B) a judgment of a court of record as specified by Section 203.001 (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 ; (3) by a recorded statement of facts contained in: (A) an affidavit or instrument that satisfies the requirements of Section 203.001 ; or (B) a judgment of a court of record as specified by Section 203.001 (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.
‹ Prev All Texas sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.