In a proceeding to declare heirship, the court may require testimony to be written, signed, and sworn, and testimony about the decedent’s heirs and family history must follow one of the listed methods.
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. 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. 91 (S.B. 1303), Sec. 8.008, eff. January 1, 2014. Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 18, eff. January 1, 2014. Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 6, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 15, eff. September 1, 2023. SUBCHAPTER E. JUDGMENT IN PROCEEDING TO DECLARE HEIRSHIP