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Texas Wills and Probate Law
PLEADINGS AND EVIDENCE IN GENERAL

TEXAS ESTATES CODE, TITLE 2. SUBTITLE B. CHAPTER 54. 

PLEADINGS

§ 54.001. EFFECT OF FILING OR CONTESTING PLEADING.

(a) The filing or contesting in probate court of a pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the estate.

(b) This section does not abrogate any right of a person under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil Practice and Remedies Code.

§ 54.002. DEFECT IN PLEADING.

A court may not invalidate a pleading in probate, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.

EVIDENCE

§ 54.051. APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE.

Except as provided by § 51.203, the Texas Rules of Evidence apply in a proceeding arising under this title to the extent practicable.

§ 54.052. USE OF CERTAIN RECORDS AS EVIDENCE.

The following are admissible as evidence in any court of this state:

(1) record books described by §§ 52.001, 52.002, and 52.003 and individual case files described by § 52.052, including records maintained in a manner allowed under § 52.004; and

(2) certified copies or reproductions of the records.

Questions?  Call us now to speak with an experienced estate planning and probate attorney. 

 (469) 630-2550