ESTATES CODE

TITLE 2.  ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY

SUBTITLE F. WILLS

CHAPTER 252.  SAFEKEEPING AND CUSTODY OF WILLS

SUBCHAPTER A.  DEPOSIT OF WILL WITH COUNTY CLERK

Sec. 252.001.  WILL DEPOSIT; CERTIFICATE.  (a)  A testator, or another person for the testator, may deposit the testator's will with the county clerk of the county of the testator's residence.  Before accepting the will for deposit, the clerk may require proof satisfactory to the clerk concerning the testator's identity and residence.
(a-1)  An attorney, business entity, or other person in possession of a testator's will may deposit the will with the county clerk of the county of the testator's last known residence if the attorney, business entity, or other person is unable to maintain custody of the will and, after a diligent search, the attorney, business entity, or other person is not able to contact or locate the testator.  The attorney, business entity, or other person shall provide to the county clerk at the time the will is deposited:
(1)  the name and last known address of the testator; and
(2)  if the will names an executor, the name and last known address, if available, of each executor named in the will, including any alternate executors.
(b)  The county clerk shall receive and keep a will deposited under this section on the payment of a $5 fee.
(c)  On the deposit of the will, the county clerk shall issue a certificate of deposit for the will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 701 (H.B. 2207), Sec. 1, eff. September 1, 2017.