An applicant for probate of a will as a muniment of title must include specified information in the application, and must explain any required item that is omitted.
Sec. 257.051. CONTENTS OF APPLICATION GENERALLY. (a) An application for the probate of a will as a muniment of title must state and aver the following to the extent each is known to the applicant or can, with reasonable diligence, be ascertained by the applicant: (1) each applicant's name and domicile; (1-a) the last three numbers of each applicant's driver's license number and social security number, if the applicant has been issued one; (2) the testator's name, domicile, and, if known, age, on the date of the testator's death; (2-a) the last three numbers of the testator's driver's license number and social security number; (3) the fact, date, and place of the testator's death; (4) facts showing that the court with which the application is filed has venue; (5) that the testator owned property, including a statement generally describing the property and the property's probable value; (6) the date of the will; (7) the name, state of residence, and physical address where service can be had of the executor named in the will; (8) the name of each subscribing witness to the will, if any; (9) whether one or more children born to or adopted by the testator after the testator executed the will survived the testator and, if so, the name of each of those children; (10) that the testator's estate does not owe an unpaid debt, other than any debt secured by a lien on real estate, or that for another reason there is no necessity for administration of the estate; (11) whether a marriage of the testator was ever dissolved after the will was made and, if so, when and from whom; and (12) whether the state, a governmental agency of the state, or a charitable organization is named in the will as a devisee. (b) If an applicant does not state or aver any matter required by Subsection (a) in the application, the application must state the reason the matter is not stated and averred. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.33(a), eff. January 1, 2014. Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 25, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 24, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 1039 (H.B. 1814), Sec. 2, eff. September 1, 2017. Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 15, eff. September 1, 2019.